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[HISTORY: Adopted by the Town Meeting of the Town of Templeton 5-10-2005 (Art. XLVI of the Bylaw Compilation). Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 300.
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; MGL c. 90, § 9; MGL c. 111, § 125A and MGL 128, § 1A. We the citizens of Templeton restate and republish these rules 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 Templeton by allowing agricultural uses and related activities to function with minimum conflict with abutters and Town agencies. This bylaw shall apply to all jurisdictional areas within the Town of Templeton.
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: farming in all its branches and the cultivation and tillage of the soil; dairying; production, cultivation, growing, and harvesting of any agricultural, mycological, aquacultural, floricultural, viticultural, or horticultural commodities; growing and harvesting of forest products upon forest land, and any other forestry or lumbering operations; raising of livestock, including horses; 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) 
Responsible application of manure, fertilizers and pesticides; applications to take into consideration minimizing non-point source pollution created by excess application;
(4) 
Conducting agriculture-related educational, and farm-based recreational activities, including agritourism, provided that the activities are related to marketing the agricultural output or services of the farm;
(5) 
Conducting agriculture-related research to promote and enhance agricultural output and marketing;
(6) 
Processing and packaging of the agricultural output of the farm and the operation of a farmer's market or farm stand, including signage thereto;
(7) 
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
(8) 
On-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 Templeton. 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 protection 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.
The Town will provide a copy of the following notice annually to Templeton property owners, and will include the notice and copy of the bylaw on the Town's official website:
"It is the policy of the Town of Templeton to conserve, protect and encourage the maintenance and improvement of agricultural land for the production of food, and other agricultural products, and also for its natural and ecological value. This disclosure notification is to inform property owners that their property 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. Owners, buyers or occupants are also informed that the location of property within the Town may be impacted by commercial agricultural operations, including the ability to access water services for such property under certain circumstances."
[Amended 6-17-2020 ATM by Art. 9]
Dispute resolution will be the responsibility of the Select Board (Board), or its designee(s), until such time as an Agricultural Commission is formed by the Town and empowered to resolve disputes arising from this bylaw.
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 Templeton hereby declares the provisions of this bylaw to be severable.