[Adopted 5-12-1992 ATM, Art. 21]
This bylaw is adopted by the Town of Orleans under the Home Rule Amendment and its police powers to protect public health and welfare and the specific authorization under Massachusetts General Laws Chapter 40, Section 21.
[Amended 5-10-2004 ATM, Art. 29]
The purpose of this bylaw is to protect, preserve and maintain the public health, safety and welfare of the inhabitants of the town and quality of groundwater of the town and to preserve and protect the watershed, as defined in § 158-27, as an area primarily devoted to the production of potable water.
[Amended 5-10-2004 ATM, Art. 29[1]]
The watershed shall consist of the following tracts of land within the Town:
A. 
The Route 28 Tract consisting of the following parcels:
(1) 
Assessors Map 54, Parcel 1: 490+/- acres.
(2) 
Assessors Map 68, Parcel 5: 3.91 acres.
(3) 
Assessors Map 68, Parcel 7: 6.91 acres.
B. 
The Quanset Road Tract consisting of the following parcels:
(1) 
Assessors Map 81, Parcel 10: 13.67 acres.
(2) 
Assessors Map 81, Parcel 9: 3.33 acres.
(3) 
Assessors Map 81, Parcel 5: 11.48 acres.
(4) 
Assessors Map 75, Parcel 119: 4.00 acres.
(5) 
Assessors Map 75, Parcel 87: 6.53 acres.
(6) 
Total area: 39.01 acres.
C. 
The Lots Hollow Road Tract consisting of the following parcel:
(1) 
Map 47, Parcel 96: 3.88 acres.
[1]
Editor's Note: This article also renumbered former §§ 158-27, 158-28 and 158-29 as §§ 158-30, 158-31 and 158-32, respectively.
[Added 5-10-2004 ATM, Art. 29]
A. 
The primary use of the land located in the watershed shall be the production, treatment and protection of potable water and to provide suitable sites for the location of future wells.
B. 
The watershed may also be used for selected recreational activities, as authorized from time to time by the Board, after notice and a public hearing.
[Amended 5-11-2009 ATM, Art. 32]
C. 
The Board is hereby authorized to promulgate regulations for the purpose of carrying out the provisions of this bylaw, including the regulation of all activities conducted within the watershed other than the production of water, and uses incidental and related thereto. Failure of the Board to promulgate such regulations or a legal declaration of the regulations' invalidity by a court of law shall not act to suspend or invalidate the effect of this bylaw.
[Amended 5-11-2009 ATM, Art. 32]
[Added 5-10-2004 ATM, Art. 29; amended 5-11-2009 ATM, Art. 32]
The Board shall be charged with the responsibility of drafting a Watershed Management Plan, the primary purpose of which shall be to set forth recommendations for management of the watershed in order to protect the Town's supply of potable water. The plan shall include, but not be limited to, an assessment of the natural habitat of the watershed, recommendation(s) for the control of nonpublic water supply activities within the watershed, assessment of the impact(s) of activities within the watershed, recommendation(s) for posting of informative signs and a trail system for passive recreational activities, and an analysis of fiscal impact(s) resulting from the implementation of the Plan. The Board shall conduct a public hearing, after public notice, prior to the adoption of the Plan and any amendments thereto.
[Amended 5-11-2009 ATM, Art. 32]
No person shall fire or discharge any firearms or explosives of any kind for target practice purposes within the limits of the Town of Orleans watershed without the permission of the Board.
A. 
Any person who violates this bylaw, or any regulation promulgated hereunder by the Board, shall be liable to the Town in the amount of two hundred fifty dollars ($250) for the first violation and five hundred dollars ($500.) for each subsequent violation. Each day or portion thereof during which the violation continues shall constitute a separate offense.
[Amended 5-10-2004 ATM, Art. 29; 5-11-2009 ATM, Art. 32]
B. 
This bylaw may be enforced pursuant to the noncriminal disposition procedures provided for Massachusetts General Laws Chapter 40 Section 21D.
The invalidity of any portion or provisions of this bylaw shall not invalidate any other portion, provision or section hereof.