[HISTORY: Adopted by Special Town Meeting
of the Town of Yarmouth 11-15-2022 by Art. 18, approved 1-5-2023.[1] Amendments noted where applicable.]
[1]
This article also repealed former Ch. 142, Water Supply Emergencies,
adopted 4-11-1991 ATM by Art. 28, approved 5-23-1991.
This bylaw is adopted by the Town 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 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 in accordance with this
bylaw and/or by the Department of Environmental Protection under its
state law authorities.
All customers and users of the Yarmouth public water supply
system shall be subject to this bylaw. This bylaw shall be in effect
year round.
Shall mean farming in all its branches as defined at M.G.L.
c. 128, § 1A.
Including sprinklers, shall mean any system for watering
vegetation other than a handheld hose or a bucket.
Nonessential outdoor water uses that are subject to mandatory
restrictions include:
Irrigation of lawns via sprinklers or automatic irrigation systems;
Washing of vehicles or boats, 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
Washing of exterior building surfaces, parking lots, driveways
or sidewalks, except as necessary to apply paint, preservatives, stucco,
pavement or cement.
The following outdoor water uses are subject to review and approval
by the Town, through its Board of Selectmen or their designee:
Irrigation of public parks and recreation fields outside the
hours of 9:00 a.m. to 5:00 p.m.;
Irrigation to establish replanted or resodded lawn or plantings
during the months of May and September;
Irrigation of newly planted lawns (seeded or sodded) in the
current calendar year for homes or businesses newly constructed in
the previous 12 months; and
Filling of privately owned outdoor pools.
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 conservation declared by the Town pursuant to § 142-5.
Shall mean a state of water supply emergency declared by
the Department of Environmental Protection under MGL c. 21G, §§ 15
through 17.
All persons using the public water supply irrespective of
that person's responsibility for billing purposes for use of
the water.
A.Â
The Town, through its Board of Selectmen or their designee authorized
to act as such:
(1)Â
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
(2)Â
Shall declare a state of water supply conservation as necessary to
ensure compliance with the Water Management Act.
B.Â
Upon notification to the public that a state of water supply conservation has been declared, no water user shall violate any provision, restriction, requirement or condition of the declaration. The Board of Selectmen may designate the 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 § 142-8 before it may be enforced. The applicable restrictions, conditions or requirements shall be included in the public notice.
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 water user 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. Public notice of a state of water supply emergency shall be given under § 142-8 before it may be enforced. The applicable restrictions, conditions or requirements shall be included in the public notice.
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 (and water users) as necessary to control the volume of water pumped each day, except as provided as acceptable in § 142-4. The applicable restrictions, conditions or requirements shall be included in the public notice required under § 142-8.
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 conservation or a state of water supply emergency and public
notice thereof. During a state of water supply conservation, nonessential
outdoor water use is restricted as necessary to ensure compliance
with the Water Management Act, or for a town or water district without
a water management act permit, 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 state
of water supply conservation or state of water supply emergency 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 handheld hose controlled by
a nozzle.
D.Â
Nonessential outdoor water use ban. Nonessential outdoor water use
is prohibited at all times.
E.Â
Automatic irrigation systems, including sprinklers. The use of automatic
irrigation 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 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. Notification may
also include email, websites, public service announcements on local
media, reverse 911 calls or other such means reasonably calculated
to reach and inform all water customers.
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 as soon as possible, but not later
than 48 hours after the public water system receives notice of the
Department's declaration of a state of water supply emergency,
by publication in a newspaper of general circulation with the Town
and by signage on major roadways or intersections. Notification may
also include email, websites, public service announcements on local
media, reverse 911 calls or other such means reasonably calculated
to reach and inform all water customers of the state of water supply
emergency.
D.Â
Notification of MassDEP. Submittal of MassDEP's form Notification
of Water Use Restriction shall be provided to the Massachusetts Department
of Environmental Protection 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 Selectmen or by decision of their designee upon a determination by either or both of them that the conditions requiring the state of water supply conservation no longer exist, or in accordance with the Water Management Act permit conditions. Public notification of the termination of a state of water supply conservation shall be given in the same manner as is required in § 142-8A for notice of its imposition.
Upon notification to the Town that the declaration of a state of water supply emergency has been terminated by the Department of Environmental Protection, the public will be notified of the termination in the same manner as is required in § 142-8B for notice of its imposition.
All automatic lawn sprinkler systems connected to the municipal
water system in the Town of Yarmouth shall be registered with the
DPW Water Division. A fee may be charged for this registration. Registration
fees shall be set by the Board of Water Commissioners.
B.Â
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 Section 21D of Chapter 40 of the General Laws. For purposes of noncriminal disposition, the enforcing person shall be any police officer of the Town or the Water and Wastewater Superintendent or designee. If a state of water supply emergency has been declared, the Board of Selectmen may, in accordance with MGL c. 40, § 41A, shut off the water at the meter or the curb stop.
The invalidity of any portion or provision of this bylaw shall
not invalidate any other portion or provision thereof.
