[HISTORY: Adopted by the Annual Town Meeting
of the Town of Wayland 4-3-2003 by Art. 24. Amendments noted where applicable.]
GENERAL REFERENCES
Water — See Ch. 190.
Water Department Regulations — See
Division 4.
[Amended 4-10-2008 ATM by Art. 5]
This bylaw is adopted by the Town of Wayland
under its common law police powers to protect public health and welfare,
MGL c. 40, § 21, and under the Town of Wayland's authority
to regulate water use through its Board of Public Works pursuant to
Chapter 80 of the Acts of 1878.
The purpose of this bylaw is to protect, preserve
and maintain the public water supply, health, safety and welfare of
the citizens of the Town of Wayland.
As used in this bylaw, the following terms shall
have the meanings indicated:
Any underground sprinkler device, together with all pipes
appurtenant thereto, used to water outside areas, and hereafter referred
to as "system" or "systems." Aboveground sprinklers attached to hoses
and existing systems, so long as they are not expanded, are specifically
exempt from the provisions of this article.
Any individual, corporation, trust, partnership or association
or other entity.
Any water which is fully or partially drawn from a well operated
by the Town of Wayland.
Chapter 191 of the Code of the Town of Wayland.
Any individual, corporation, trust, partnership or association
or other entity that owns property which is receiving water from the
public water supply.
No person shall install or expand a system which
is connected to the public water supply if said system, after installation
or expansion covers, an area greater than 15,000 square feet or more.
No person shall install or expand a system connected
to the public water supply, which covers an area of 15,000 square
feet or less unless an application has been made to pursuant to this
bylaw and approval of said installation or expansion has been approved
pursuant to this bylaw.
A.
Any application for the installation or expansion
of a system which covers an area of 5,000 square feet or less shall
be made by completing the short-form application.
B.
Applications for the installation or expansion of
a system which covers an area of more than 5,000 square feet and less
than or equal to 15,000 square feet shall be made by completing the
long-form application.
C.
Any municipally owned field which uses prudent water conservation
practices shall be exempt from the 15,000-square-foot limit for new
installations or expansions of existing irrigation systems. All irrigation
improvements will be limited to the playing field area. All irrigation
systems are subject to applicable regulations as well as approval
by the Board of Public Works as Water Commissioners. Nothing in this
bylaw shall limit the authority of the Board of Public Works to implement
water restrictions, including for municipal irrigation systems.
[Added 11-15-2016 STM
by Art. 1]
A.
All systems installed or expanded under this bylaw
shall be installed or expanded pursuant to all local and state laws
and regulations and shall include a backflow device (approved by the
Department of Public Works), a rain gauge, a moisture detector, a
programmable automatic timer and a shut-off valve.
[Amended 5-13-2010 ATM by Art. 18]
B.
All systems installed or expanded under this bylaw
shall obtain an appropriate plumbing permit from the Gas and Plumbing
Inspector of the Town of Wayland.
C.
All systems installed or expanded under this bylaw
shall be maintained pursuant to the regulations of the Board of Public
Works.
[Amended 5-13-2010 ATM by Art. 18]
D.
All systems installed or expanded under this bylaw
shall be installed outside of any road easements, which run in the
favor of the Town of Wayland, and any roads owned by the Town of Wayland.
E.
No portion of a system shall be installed or expanded
within 50 feet of bordering vegetated wetlands.
F.
No portion of a system shall be installed or expanded
within 25 feet of the leaching area or a tank of a sanitary septage
system.
A.
Fees. All applications to install or expand a system
shall include an application fee of $50.
B.
The application shall include the name and address
of the property owner and the installer, acknowledgement of the requirements
of this bylaw, a drawing and calculation of the area covered by the
system and any additional information the Board of Public Works requires
to reasonably identify and evaluate the compliance of the proposed
system.
[Amended 4-10-2008 ATM by Art. 5]
C.
The Director of Public Works or his/her designee shall
approve the short-form application if s/he determines that said system
covers a land area of 5,000 square feet or less and complies with
the provisions of this bylaw.
[Amended 5-13-2010 ATM by Art. 18]
D.
The long-form application shall be approved by the
Board of Public Works or designee if the Board of Public Works or
designee determines that said system covers a land area of 15,000
square feet or less and complies with the provisions of this bylaw.
[Amended 4-10-2008 ATM by Art. 5]
[Amended 4-10-2008 ATM by Art. 5]
The Wayland Board of Public Works shall have
the authority and duty to adopt, issue and administer any additional
rules and regulations necessary for the administration, operation
and enforcement of outdoor underground water sprinkler systems connected
to the public water supply. Any such rules and regulations shall be
consistent with the provision of this bylaw.
Any person violating this bylaw shall be subject
to the following:
A.
Written notification of a violation by the Director
of Public Works or his/her designee. Said notification shall include
a demand that said system comply with the bylaw within 30 days' receipt
of the notification or that said system be removed.
[Amended 4-10-2008 ATM by Art. 5; 5-13-2010 ATM by Art.
18]
B.
A fine of $250 per day for each day after the initial
30 days that the system is in violation of this bylaw.
C.
After the initial 30 days, a notice of termination
of water services in no less than seven days may be served upon the
water customer by a duly appointed Constable of the Town of Wayland.
The notice shall be served to the water customer in hand or left at
the address given for billing purposes and mailed to that address.
Notice shall include a statement that the water customer may appeal
a decision to terminate water services by requesting a hearing before
the Board of Public Works. Water service may be terminated seven days
after receipt of the notice to terminate or after a majority vote
of the Board of Public Works, if the water customer has requested
a hearing. Receipt of the notice shall be presumed to be three days
after the notice is mailed or the day of in-hand service. After water
service has been terminated, a reconnection fee of $275 during normal
business hours, or reconnection fee of $200 after normal working hours,
will be charged prior to renewing water service. Payment of said fees
must be made before reconnection. In lieu of terminating water services,
the Board of Public Works, by a majority vote, may assess a fine in
the amount of $250 per day for each day after the initial 30 days
that the system is in violation of this bylaw.
[Amended 4-10-2008 ATM by Art. 5]
D.
Fines shall be recovered by indictment or on complaint
before the District Court or by noncriminal disposition in accordance
with MGL c. 40, § 21D. After disposition favorable to the
Town of Wayland, any outstanding unpaid civil fines shall be placed
on the water customer’s water bill. The enforcing person shall
be the Director of Public Works or his/her designee.
[Amended 5-13-2010 ATM by Art. 18]
The invalidity of any portion or provision of
this bylaw shall not invalidate any other portion or provision thereof.
