Compliance with title 2, chapter 23.1 of the Rhode Island General Laws entitled "Agriculture and Forestry."
(a) Notification to farmers. The town planner is hereby designated as the official responsible for providing notification to farmers pursuant to the provisions of chapter 23.1 of Title 2 of the Rhode Island General Laws entitled, "Agriculture and Forestry."
(b) Eligible farmers. Eligible farmers shall be those placed on a list established by the director of the department of environmental management pursuant to G.L. § 2-23.1-3
(c) Matters subject to notice. Matters subject to notification shall include the following actions to:
(1) Change the zoning and/or permitted uses of land subject to farming;
(2) Designate or amend the designation of land used for farming in comprehensive plans or land use ordinances;
(3) Change the manner of taxation of real and personal property used for farming;
(4) Establish or amend programs for the transfer of development rights affecting farming and hours of operation of machinery and equipment used in farming;
(5) Regulate water uses for farming purposes;
(6) Control noise and hours of operation of machinery and equipment used in farming.
(d) Time of notification. Not later than seven business days after a matter subject to notification as provided for herein is formally proposed for study or consideration by a public body in which the matter originates written notification of the matter shall be mailed to farmers listed on the director's list.
(e) Contents of notification. The written notification shall, as a minimum, state the matter subject to notification, the public body of the town which will be studying or considering the matter and provide the name of the town official, whom the farmers may contract to request additional information about the matter or to request a work session as provided herein.
(f) Work session request. Any farmer who receives a notification as provided herein may request in writing, within ten business days after such notification, a work session to review the impact of the matter subject to notification on farming. The request shall be made to the official designated on the notification to receive such a request. Within 20 business days after the receipt of such a request, said official shall notify in writing all farmers on the notification list of such request, providing the location, time and date of a work session on the matter. The work session shall not be sooner than seven business days after the date of notice of the said work session. The work shall be to review and consider the effects of the matter, subject to notification on farming. The work session shall be prior to any final action on the matter subject to notification by the public body and the findings and conclusions of the work session shall be reported to the public body. Work sessions shall be governed by the Open Meetings Act. For any matter subject to notification not more than one work session shall be required to comply with the provisions of this ordinance.
(g) Emergency actions unimpaired. The provisions of this section shall not be deemed to impair, limit or restrict the power of the public body of the town to take emergency actions of a temporary duration that are necessary to protect health, safety or welfare.
(h) Validity of actions. Except in instances of knowing and willful noncompliance with the provisions of this section, a failure to comply strictly with any of the requirements of this section shall not be deemed to affect or impair the validity of any action otherwise taken.
(Ord. of 5-24-2006)