[HISTORY: Adopted by the Annual Town Meeting of the Town
of Townsend 5-3-2016 by Art. 28.
Amendments noted where applicable.]
This bylaw is adopted by the Town of Townsend under its police
powers pursuant to the Home Rule Amendment of the Massachusetts Constitution,
Article LXXXIX, to protect public health and welfare and pursuant
to its powers under MGL c. 40, § 21 et seq. and implements
the Town's authority to regulate water use pursuant to MGL c.
41, § 69B. This bylaw also implements the Town's authority
under MGL c. 40, § 41A, conditioned upon a declaration of
water supply emergency issued by the Department of Environmental Protection
(DEP) under MGL c. 21G, §§ 15 through 17. This bylaw
is also intended to implement other water conservation requirements
of MGL c. 21G, the "Massachusetts Water Management Act" and its regulations
promulgated at 310 CMR 36.00.
The purpose of this bylaw is to protect, preserve and maintain
the public health, safety, welfare and the environment whenever there
is in force a state of water supply conservation or a state of water
supply emergency by ensuring an adequate supply of water for drinking
and fire protection and to protect the quality and quantity of water
in local aquatic habitats such as ponds, rivers and wetlands. This
purpose will be accomplished by providing for the imposition and enforcement
of any duly implemented restrictions, requirements, provisions or
conditions on water use imposed by the Town of Townsend in accordance
with this bylaw and/or by the DEP under its state law authorities.
All Town residents that are customers of the public water supply
system shall be subject to this bylaw. This bylaw shall be in effect
May 1 through September 30.
Shall mean farming in all its branches as defined at MGL
c. 128, § 1A.
Shall mean any system for watering vegetation other than
a hand-held hose or a bucket.
Shall mean those uses that are not required:
For health or safety reasons;
By regulation;
For the production of food and fiber;
For the maintenance of livestock; or
To meet the core functions of a business (for example, irrigation
by golf courses as necessary to maintain tees and greens, and limited
fairway watering, or irrigation by plant nurseries or agricultural
operations as necessary to maintain stock or establish new plantings,
wash equipment to prevent damage and/or maintain performance, pest
management and plant cooling).
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Nonessential outdoor water uses that are subject to mandatory
restrictions include:
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(1)
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Irrigation of lawns via sprinklers or automatic irrigation systems;
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(2)
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Washing of vehicles, except in a commercial car wash or as necessary
for operator safety or to prevent damage and/or maintain performance
of agricultural or construction vehicles or equipment; and
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(3)
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Washing of exterior building surfaces, parking lots, driveways
or sidewalks, except as necessary to apply paint, preservatives, stucco,
pavement or cement.
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Exceptions to nonessential outdoor water uses are:
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(1)
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Irrigation of public parks and recreation fields outside the
hours of 9:00 a.m. to 5:00 p.m. and;
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(2)
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Irrigation of lawns, gardens, flowers and ornamental plants
by means of a hand-held hose outside the hours of 9:00 a.m. to 5:00
p.m. and;
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(3)
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Irrigation outside the hours of 9:00 a.m. to 5:00 p.m. with
harvested and stored stormwater runoff.
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The following outdoor water uses are subject to review and approval
by the Town of Townsend, through its Board of Water Commissioners
or its designee:
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(1)
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Irrigation to establish replanted or resodded lawn or plantings
during the months of May through September;
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(2)
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Irrigation of newly planted lawns (seeded or sodded) in the
current calendar year for homes or businesses newly constructed in
the previous 12 months;
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(3)
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Filling of privately owned outdoor pools.
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Shall mean any individual, corporation, trust, partnership,
association, agency or authority, or other entity and any officer,
employee, group or agent of such persons.
Shall mean a state of water supply emergency declared by
the Department of Environmental Protection under MGL c. 21G, §§ 15
through 17.
Shall mean a state of water supply conservation declared by the Town of Townsend pursuant to § 87-5 of this bylaw.
Shall mean all persons using the public water supply irrespective
of that person's responsibility for billing purposes for use
of the water.
Shall mean all persons using water within the Town's
water distribution system.
The Town of Townsend, through its Board of Water Commissioners or its designee authorized to act as such, may declare a state of water supply conservation upon a determination that conservation measures are appropriate to ensure an adequate supply of water for drinking and fire protection, to protect the quality and quantity of water in local aquatic habitats such as ponds, rivers and wetlands and to ensure compliance with the Water Management Act. Upon notification to the public that a declaration of a state of water supply conservation has been declared, no person shall violate any provision, restriction, requirement or condition of the declaration. The Water Commissioners may designate the Water Department Superintendent or Town Administrator to declare a state of water supply conservation at any time that conditions warrant. Public notice of a state of water conservation shall be given under § 87-8 of this bylaw before it may be enforced.
Upon notification to the public that a declaration of a state
of water supply emergency has been issued by the Department of Environmental
Protection, no person shall violate any provision, restriction, requirement,
condition of any order approved or issued by the Department for the
purpose of bringing about an end to the state of water supply emergency.
A declaration of a state of water supply conservation and/or a state of water supply emergency shall include one or more of the following restrictions, conditions, or requirements limiting nonessential outdoor water use by water customers as necessary to control the volume of water pumped each day, except as provided as acceptable in § 87-4. The applicable restrictions, conditions or requirements shall be included in the public notice required under § 87-8.
A.Â
Nonessential outdoor water use days. Nonessential outdoor water use
is permitted only on the days per week specified in the state of water
supply emergency or state of water supply conservation and public
notice thereof. During a state of water supply emergency or state
of water supply conservation, nonessential outdoor water use is restricted
to two days or fewer per week.
B.Â
Nonessential outdoor water use hours. Nonessential outdoor water
use is permitted only during the hourly periods specified in the declaration
of a state of water supply emergency or state of water supply conservation
and public notice thereof. At a minimum, nonessential outdoor water
use is prohibited during the hours from 9:00 a.m. to 5:00 p.m.
C.Â
Nonessential outdoor water use method restriction. Nonessential outdoor
water use is restricted to a bucket or hand-held hose controlled by
a nozzle.
D.Â
Nonessential outdoor water use ban. Nonessential outdoor water use
is prohibited at all times.
E.Â
Automatic sprinkler system ban. The use of automatic sprinkler systems
is prohibited.
A.Â
Public notification of a state of water supply conservation. Notice
to the public of all provisions, including all restrictions, requirements
and conditions imposed by the Town of Townsend as part of a state
of water supply conservation shall be made as soon as possible, but
no later than 48 hours following the declaration of a state water
supply conservation by publication in a newspaper of general circulation
within the Town and by signage on major roadways or intersections.
The Town of Townsend may also notify the public using other means
determined to be appropriate (cable TV, reverse 911, e-mail, etc.).
Notification may also include e-mail, websites, public service announcements
on local media or other such means reasonably calculated to reach
and inform all water users.
B.Â
Public notification of a state of water supply emergency. Notice
to the public of all provisions, including all restrictions, requirements
and conditions imposed by a state of water supply emergency declared
by the Department shall be made by publication in a newspaper of general
circulation with the Town and by signage on major roadways or intersections.
The Town of Townsend may also notify the public using other means
determined to be appropriate (cable TV, reverse 911, e-mail, etc.).
This notice shall be provided as soon as possible, but no later than
48 hours after the public water system receives notice of the Department's
declaration of a state of water supply emergency. Notification may
also include e-mail, websites, public service announcements on local
media or other such means reasonably calculated to reach and inform
all water users of the state of water supply emergency.
C.Â
Any restriction imposed under § 87-5 or 87-6 or in the Department's state of water supply emergency or order shall not be effective until notification to the public is provided. Submittal of MassDEP's form Notification of Water Use Restriction shall be provided to the Massachusetts DEP within 14 days of the effective date of the restrictions, per MassDEP regulations [310 CMR 22.15(8)].
A state of water supply conservation may be terminated by a majority vote of the Board of Water Commissioners or by decision of its designee upon a determination by either or both of them that the conditions requiring the state of water supply conservation no longer exist. Public notification of the termination of a state of water supply conservation shall be given in the same manner as is required in § 87-8A for notice of its imposition.
Upon notification to the Town of Townsend or Water Commissioners or its designee or to the Water Department that the declaration of a state of water supply emergency has been terminated by the DEP, the public will be notified of the termination in the same manner as is required in § 87-8B for notice of its imposition.
The Town through its Water Commissioners or its designee, including
the Water Superintendent, Water Technicians and/or Building Inspector,
may enforce this bylaw. Any person violating this bylaw shall be liable
to the Town in the amounts listed below:
A.Â
First violation: verbal warning.
B.Â
Second violation: written warning.
C.Â
Third violation: $100.
D.Â
Fourth and subsequent violations: $200.
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Each day of violation shall constitute a separate offense. Fines
shall be recovered by complaint before the District Court, or by noncriminal
disposition in accordance with § 21D of Chapter 40 of the
General Laws. For purposes of noncriminal disposition, the enforcing
person shall be the Water Superintendent or the Superintendent's
designee. If a state of water supply emergency has been declared the
Water Commissioners may, in accordance with MGL c. 40, § 41A,
shut off the water at the meter or the curb stop.
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The invalidity of any portion or provision of this bylaw shall
not invalidate any other portion or provision thereof.
All in-ground irrigation systems, including soil moisture sensor
devices and backflow prevention devices, must comply with Section
19 of the Townsend Water Department Rules, Regulations, and Rates.
