[HISTORY: Adopted by the Town Meeting of the Town of Bethlehem 6-17-2010. Amendments
noted where applicable.]
Agriculture is a significant part of the Town of Bethlehem heritage
and a vital part of the Town's future. It is therefore the declared
policy of the Town of Bethlehem and legislative determination of the
Town of Bethlehem Town Meeting to conserve and protect agricultural
land and to encourage agricultural operations and the sale of local
farm products within the Town. It is the purpose and intent of this
chapter to promote and advance the Town's policy and reduce the
loss of local agricultural resources by limiting circumstances under
which any such operation may be considered a nuisance or out of order.
It is hereby further legislatively determined that whatever impact
may be caused to others through normal agricultural practices, such
impact is offset and enhanced by the benefits of farming to the neighborhood,
community, and society in general. Methods of farming that are consistent
with generally accepted farming practices are also deemed to be consistent
with community standards at large. This chapter is not to be construed
as modifying or abridging state law relative to the abatement of nuisances,
but is to be used in the interpretation and characterization of activities
and in considering and implementing enforcement of the provisions
of the Bethlehem Town regulations, consistent with the provisions
of C.G.S. § 19a-341. Additionally, the terms of this chapter
may be used in determining whether the methods and practices that
may come under review conform to community standards.
A.
No present or future agricultural operations conducted or maintained
in a manner consistent with accepted customs and standards of the
agricultural industry, including, without limitation, those practices
prevailing in Litchfield County, on a recognized farm which is engaged
in the act of farming as defined in this chapter shall become or be
considered a nuisance solely because such activity resulted or results
in any changed condition of the use of adjacent land. Agricultural
operations may occur on holidays, weekends and weekdays by night or
day, provided such activities do not violate applicable health, safety,
fire, life safety or building codes and regulations and shall include,
without limitation:
(1)
The incidental noise from livestock or farm equipment used in normal,
generally acceptable farming practices, including, without limitation,
those practices prevailing in Litchfield County;
(2)
Odors from livestock, manure, fertilizer or feed;
(3)
Dust and fumes associated with normally accepted farming practices,
including, without limitation, those practices prevailing in Litchfield
County;
(4)
The use of agricultural chemicals, pesticides and fertilizers associated
with normally accepted farming practices, including, without limitation,
those practices prevailing in Litchfield County;
(5)
Irrigation and water management associated with normally accepted
farming practices, including, without limitation, those practices
prevailing in Litchfield County; and
(6)
Traffic associated with farming and the sale of farm products, etc.
B.
These provisions shall not apply whenever a nuisance results from
the negligent or improper operation of any such agricultural operation.
As used in this chapter, the following terms shall have the
meanings indicated:
Activities relating to agricultural use, including, but not
limited to, the cultivation and tillage of soil, the burning of agricultural
waste products or other agricultural burning, protection of crops
and livestock from insects, pests, diseases, birds, predators or other
pests damaging or which could potentially damage crops, the proper
and lawful use of agricultural chemicals, including but not limited
to the application of pesticides and fertilizers, or the raising,
production, irrigation, pruning, harvesting, or processing of an agricultural
commodity, including any type of crop or livestock, and any forestry
improvements and timber harvesting and processing. Such operations
also include the operation and transportation of farm equipment over
roads within the Town and conducting agriculture-related educational
and farm-based recreational activities, including agri-tourism. For
purposes of this chapter, such operations do not include the slaughtering
of animals not raised on the premises where they are to be slaughtered.
A premises on which farming is conducted, including, without
limitation, farm buildings, and accessory buildings thereto, nurseries,
orchards, ranges, greenhouses, hoop houses and other temporary structures
or other structures used primarily for the raising and, as incidental
and adjunctive to ordinary farming operations, the sale of locally
grown or raised agricultural or horticultural products (farm stands
up to 1,000 square feet for sales purposes).
Cultivation of soil, dairying, forestry, raising or harvesting
any agricultural or horticultural commodity, including the raising,
shearing, feeding, caring for, training and management of livestock;
the operation, management, conservation, improvement or maintenance
of a farm and its buildings, tools and equipment. "Farming" does not
include the slaughtering of animals not raised on the premises where
they are to be slaughtered.
All dispute resolutions and advisory opinions will be the responsibility
of the Board of Selectmen.
