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Agricultural Preservation District
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BYLAW: Agricultural Preservation District
MUNICIPALITY: Granby, Massachusetts.
DATE ADOPTED: 1990
From The Massachusetts Department of Revenue Division of Local Services Municipal Data Bank.
PURPOSE OF BYLAW:
The purposes of the Agricultural Preservation District are to:
- Protect prime agricultural lands for future food production.
- Maintain an adequate agricultural land base in Granby to ensure continued economic viability for local agriculture and the availability of agricultural support services.
- Prevent excessive public service and infrastructure costs, which would result from unplanned urban growth in areas more appropriate for agriculture.
- Preserve scenic, historic and other farming-related values, which help define the character of Granby's culture and landscape.
- Allow landowners a reasonable return on the value of their holdings while protecting the majority of existing farmland for use by future generations.
- Promote and protect the practice of farming in Granby.
FOR MORE INFORMATION ON THIS BYLAW CONTACT:
Joseph Snopeck, Director,
Granby Planning Commission
(413) 467-7179
TEXT OF THE BYLAW
4.20 Purpose
The purposes of the Agricultural Preservation District are to:
1. Protect prime agricultural lands for future food production;
2. Maintain an adequate agricultural land base in Granby to ensure continued economic viability for local agriculture and the availability of agricultural support services;
3. Prevent excessive public service and infrastructure costs which would result from unplanned urban growth in areas more appropriate for agriculture;
4. Preserve scenic, historic and other farming-related values which help define the character of Granby's culture and landscape;
5. Allow landowners a reasonable return on the value of their holdings while protecting the majority of existing farm land for use by future generations;
6. Promote and protect the practice of farming in Granby.
4.21 District Delineation
The Agricultural Preservation District is defined as all lands designated on the map entitled "Agricultural Preservation District, Town of Granby", on file with the Town Clerk. All lands included in the district shall be included only upon prior written approval of the property owner.
4.22 Permitted Uses
1. Agricultural production, including raising of crops, livestock, poultry, nurseries, orchards, hay;
2. Normal agricultural practices, including but not limited to manure storage, farm machine operation and fertilizer and pesticide use as regulated by state and federal law.
3. Uses accessory to farm operations, including greenhouses, farm animal veterinary facilities, agricultural processing and storage facilities;
4. Farm-related dwelling units;
5. Single family homes on frontage lots not requiring approval under the Massachusetts Subdivision Control Law, M.G.L. Chapter 41, which comply with the Site Design standards in Section 4.29 of this bylaw.
4.23 Uses Permitted With Site Plan Review
All residential subdivisions which require approval under M.G.L. Chapter 41 shall be laid out in accordance with the Agricultural Land and Development Standards in Section 4.26 - 4.28 and the Site Design Standards in Section 4.29 of this bylaw, and shall require Site Plan Approval from the Planning Board. All applicants for Site Plan Approval shall comply with Section 6.3 of this bylaw.
4.24 Additional Requirements for Site Plan Approval
The applicant shall comply with the minimum requirements for site plan contents in Section 6.33 of this bylaw, and shall also submit to the Planning Board the following information:
1. Description or illustration of the physical characteristics within and adjacent to this site, including: prime agricultural soils, soils of state and local importance, other soils and soil characteristics, areas used for crop or other agricultural production.
2. Description of compliance with Agricultural Land and Development Standards in Section 4.26 - 4.28 and Site Design Standards in Section 4.29.
4.25 Criteria for Review
In addition to the criterion contained in Section 6.35, the Planning Board shall also consider the following criteria:
1. is in compliance with Agricultural Land and Development Standards;
2. will not interfere with farming operations on adjacent lands;
3. is situated on the portion of the site with soils least suitable for the production of crops or livestock;
4. is integrated into the existing landscape through features such as vegetative buffers, and through retention of open agricultural land.
4.26 Agricultural Land and Development Standards
1. Residential subdivision developments in the Agricultural Preservation District shall be laid out according to the Open Space Community standards set forth in Section 5.1 of this bylaw. All buildings and roads shall be located away from soils which are most suitable for agriculture (based on U.S. Soil Conservation Service classifications for prime farmland soils and soils of state and local importance) to the maximum practical extent. This provision does not apply to the location of on-site septic disposal facilities which must be placed in soils meeting the Massachusetts Environmental Code.
2. All roads, drainage systems and utilities shall be laid out in a manner so as to have the least possible impact on agricultural lands and uses.
4.27 Maximum Number of Dwelling Units
1. The maximum number of dwelling units permitted in an open space community in the Agricultural Preservation District shall be calculated based upon one unit per acre for the net developable acreage remaining once the area of all wetlands and all areas unsuitable for on-site sewage disposal have been subtracted from the total acreage of the property.
2. Under the supervision of the Conservation Commission and in accordance with the provisions of the wetlands Protection Act, M.G.L. Chapter 131, Section 40, all wetlands shall be identified, and their area subtracted from the net developable acreage of the total parcel.
3. Under the supervision of the Board of Health, and in conformance with Title V, percolation tests shall be conducted for all lots in the total acreage of the property which would be developed in a standard subdivision layout. The area of those lots which is determined to be not suitable for on-site sewage disposal shall be subtracted from net developable acreage of the total parcel.
4.28 Required Open Land
1. At least fifty (50) percent of the net acreage remaining after the area of all wetlands have been subtracted shall be retained as open agricultural land. Remaining open agricultural land shall have appropriate acreage, configuration and access to enable continued farming operations.
4.29 Site Design Standards
All residences developed either on frontage lots or within an open space community shall comply with the following standards:
1. All buildings, homes and structures shall be located a minimum of 100 feet from agricultural land and shall be separated by a 50-foot wide buffer strip of trees and fencing sufficient to minimize conflicts between farming operations and residences.
2. Each structure shall be integrated into the existing landscape on the property so as to minimize its visual impact and maintain visibility of adjacent agricultural lands from public ways through use of vegetative and structural screening, landscaping, grading and placement on or into the surface of the lot.
4.30 Protection of Open Agricultural Land
The following standards shall apply to open agricultural land to be protected as part of the development of an open space community:
1. Farmland owners are not required to sell the part of their property which is to become permanent agricultural open space, provided that they do convey the development rights of that open space in a conservation easement prohibiting future development of this property to any of the official bodies named in Section 4.30(2) below.
2. All remaining open agricultural land shall be permanently protected by either:
a. A permanent conservation easement or deed restriction conveyed to the Town of Granby with Town approval or to a non-profit farmland trust or conservation organization whose principal purpose is to conserve farmland and open space. At a minimum, such an easement or restriction shall entail the use of management practices that ensure existing fields or pastures will be plowed or mowed at least once every year.
b. Ownership in fee simple conveyed to the Town of Granby with Town approval or to a non-profit farm trust, open space or conservation organization as a gift or for a consideration.
4.31 Relationship to Agricultural Incentive Area
All land which is enrolled in the Agricultural Preservation Zoning district shall become eligible for enrollment in the Granby Agricultural Incentive Area and, once enrolled in the Incentive Area, shall receive any and all benefits and incentives included therein
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