[Ord. of 2-10-2015]
The intent of this article is to encourage the pursuit of agriculture,
promote agriculture-based economic opportunities, and protect farmlands
within the City by allowing agricultural uses and related activities
to function with minimal conflict with abutters and City agencies.
This article shall apply to all jurisdictional areas within the City.
[Ord. of 2-10-2015]
Shall encompass activities including, but not limited to,
the following:
Operation and transportation of slow-moving farm equipment over
roads within the City;
Control of pests, including, but not limited to, insects, weeds,
predators and disease organisms of plants and animals;
Application of manure, fertilizers and pesticides;
Conducting agriculture-related educational and farm-based recreational
activities, including agri-tourism, provided that the activities are
related to marketing the agricultural output or services of the farm;
Processing and packaging of the agricultural output of the farm
and the operation of a farmers' market or farm stand, including signage
thereto;
Maintenance, repair, or storage of seasonal equipment, or apparatus
owned or leased by the farm owner or manager used expressly for the
purpose of propagation, processing, management, or sale of the agricultural
products; and
On-farm relocation of earth and the clearing of ground for farming
operations.
Shall be defined as in MGL Chapter 128, Section 1A.
[Ord. of 2-10-2015]
The right to farm is hereby recognized to exist within the City
of North Adams. The above-described agricultural activities may occur
on holidays, weekdays, and weekends by night or day and shall include
the attendant incidental noise, odors, dust, and fumes associated
with normally accepted agricultural practices. It is hereby determined
that whatever impact may be caused to others through the normal practice
of agriculture is more than offset by the benefits of farming to the
neighborhood, community, and society in general. The benefits and
protections of this article are intended to apply exclusively to those
commercial agricultural and farming operations and activities conducted
in accordance with generally accepted agricultural practices. Moreover,
nothing in this Right to Farm Ordinance shall be deemed as acquiring
any interest in land, or as imposing any land use regulation, which
is properly the subject of state statute, regulation, or local zoning
law.
[Ord. of 2-10-2015]
In order to allow prospective purchasers to make informed decisions
prior to a real estate transaction and to promote harmony between
farmers and their new neighbors after a transaction, the selling landholder
shall provide the following written notice to prospective purchasers:
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It is the policy of the City of North Adams to conserve, protect
and encourage the maintenance and improvement of agricultural land
for the production of food, and other agricultural products, and for
the keeping of horses as a commercial enterprise and keeping of other
animals for food and other agricultural purposes, including bees and
fur-bearing animals, and also for its natural and ecological value.
This disclosure notification is to inform buyers that the property
they are about to acquire lies within a City where farming activities
occur. Such farming activities may include, but are not limited to,
activities that cause noise, dust and odors. Purchasing, and henceforth
occupying, land within North Adams means that one should expect and
accept such conditions as a norm and necessary aspect of living in
North Adams.
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[Ord. of 2-10-2015]
If any part of this article is for any reason held to be unconstitutional
or invalid, such decision shall not affect the remainder of this article.
The City of North Adams hereby declares the provisions of this article
to be severable.
