[HISTORY: Adopted by the Annual Town Meeting of the Town
of Williamstown 5-16-2006, Art. 42.[1] Amendments noted where applicable.]
[1]
Editor's Note: This chapter was originally adopted as
Chapter 155 but renumbered to maintain the organizational structure
of the Code.
A.
The purpose and intent of this bylaw is to state with emphasis the
right to farm accorded to all citizens of the commonwealth under Article
97, of the Constitution, and all state statutes and regulations thereunder,
including but not limited to MGL c.40A, § 3, Paragraph 1;
c.90, § 9, c.111, § 125A; and c.128 § 1A.
We the citizens of Williamstown restate and republish these rights
pursuant to the Town's authority conferred by Article 89 of the
Articles of Amendment of the Massachusetts Constitution ("Home Rule
Amendment").
B.
This general bylaw encourages the pursuit of agriculture, promotes
agriculture-based economic opportunities, and protects farmlands within
the Town of Williamstown by allowing agricultural uses and related
activities to function with minimal conflict with abutters and Town
agencies. This bylaw shall apply to all jurisdictional areas within
the Town.
A.
The word "farm" shall include any parcel or contiguous parcels of
land, or water bodies used for the primary purpose of commercial agriculture,
or accessory thereto.
B.
The words "farming" or "agriculture" or their derivatives shall include,
but not be limited to the following:
(1)
Farming in all its branches and the cultivation and tillage of the
soil;
(2)
Dairying;
(3)
Production, cultivation, growing, and harvesting of any agricultural,
aquacultural, floricultural, viticultural, or horticultural commodities;
(4)
Growing and harvesting of forest products upon forest land, and any
other forestry or lumbering operations;
(5)
Raising of livestock, including horses;
(6)
Keeping of horses as a commercial enterprise; and keeping and raising
of poultry, swine, cattle, ratites (such as emus, ostriches and rheas)
and camelids (such as llamas and camels), and other domesticated animals
for food and other agricultural purposes, including bees and fur-bearing
animals.
C.
"Farming" shall encompass activities including, but not limited to,
the following:
(1)
Operation and transportation of slow-moving farm equipment over roads
within the Town;
(2)
Control of pests, including, but not limited to, insects, weeds,
predators and disease organisms of plants and animals;
(3)
Application of manure, fertilizers and pesticides;
(4)
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;
(5)
Processing and packaging of the agricultural output of the farm and
the operation of a farmers' market or farm stand, including signage
thereto;
(6)
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
(7)
Non-farm relocation of earth and the clearing of ground for farming
operations.
The right to farm is hereby recognized to exist within the Town
of Williamstown. 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 bylaw 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 Bylaw 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.
A.
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 Town of Williamstown
requests selling landholders and/or their agents (and assigns) provide
written notice to prospective purchasers substantially as follows:
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"It is the policy of the Town of Williamstown 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 Town 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 Williamstown means that one should expect and
accept such conditions as a norm and necessary aspect of living in
Williamstown."
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B.
Written notification may occur in one of several ways, including
but not limited to a disclosure form or addendum to a purchase and
sale agreement and should include an acknowledgment by the buyer that
they have received notification.
C.
Within 30 days after this bylaw becomes effective the Board of Selectmen
shall make available for use by selling landowners or their agents
(and assigns) copies of example written notifications.
D.
Within 30 days after this bylaw becomes effective the Board of Selectmen
shall prominently place in the Town Hall and on the Town Web site
the above disclosure.
If any part of this bylaw is for any reason held to be unconstitutional
or invalid, such decision shall not affect the remainder of this bylaw.
The Town of Williamstown hereby declares the provisions of this bylaw
to be severable.
