This bylaw is intended to regulate the use of water supplied
by the Department of Public Works (DPW).
The purpose of this bylaw is to protect, preserve and maintain
the public health, safety and welfare whenever there is in force a
State of Water Supply Conservation or State of Water Supply Emergency
by providing for enforcement of any duly imposed restrictions, requirements,
provisions or conditions imposed by the Town or by the Department
of Environmental Protection (DEP).
As used in this article, the following terms shall have the
meanings indicated:
WATER USERS
All public and private users of the Town's public water
system, irrespective of any person's responsibility for billing
purposes for water used at any particular facility.
A declaration of a State of Water Conservation issued by the Board of Selectmen or the DPW Director may include one or more of the following restrictions, conditions, or requirements restraining the use of water for nonessential purposes as necessary to protect the water supply, which shall be included in the public notice required under §
228-6.
A. Odd/Even lawn watering. Lawn watering at facilities with odd-numbered
addresses is permitted only on odd-numbered days. Lawn watering at
facilities with even-numbered addresses is permitted only on even-numbered
days.
B. One weekday outdoor watering. Outdoor watering by water users is
allowed on the day which Town trash collection is scheduled for pick
up.
C. One weekend day outdoor watering. Outdoor watering by water users
with odd-numbered addresses is restricted to Saturdays. Outdoor watering
by water users with even-numbered addresses is restricted to Sundays.
D. Outdoor watering hours. Outdoor watering is permitted only during
off-peak hours, to be specified in the declaration of a State of Water
Conservation and public notice.
E. Hand-held hose watering. Outdoor watering by water users is allowed
but only if a hose is continuously attended. No lawn sprinklers or
automatic sprinkler systems allowed.
F. Outdoor watering ban. Lawn watering, and all other forms of nonessential
outdoor water use, is prohibited.
G. Filling swimming pools. Filling of swimming pools is prohibited.
H. Automatic lawn sprinkler use. The use of automatic lawn and garden
sprinkler systems is prohibited.
A State of Water Supply Conservation may be terminated by a
majority vote of the Board of Selectmen, upon a determination that
the water supply shortage no longer exists. Public notification of
the termination of a State of Water Supply Conservation shall be given
by:
A. Announcement on televised meeting of the Board of Selectmen;
B. Issuance of a press release to papers of general circulation in the
Town;
C. Removal of posting from the local cable television government information
scroll, and posting of termination;
D. Removal of the notice from the Bellingham Department of Public Works
and Town Home web page, and posting of termination; or
E. Such other means reasonably calculated to reach and inform all users.
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 intended
to bring about an end to the State of Emergency.
Any person violating this bylaw shall be liable to the Town
in the amount of $50 for the first violation and $100 for each subsequent
violation, which shall inure to the General Fund. Each day of violation
represents an independent violation. Fines shall be recovered by complaint
before the District Court. Each separate issuance of a citation pursuant
to this article shall constitute a separate violation.
The invalidity of any portion or provision of this bylaw shall
not invalidate any other portion or provision thereof.
This bylaw shall apply only to wastewater treatment and disposal
facilities (WWTDF) that are constructed by private parties on public
property or on property that will become public property upon completion
of a project.
This bylaw will not apply to WWTDF which service condominium
complexes, which must be retained as property of the condominium association.
The operations, maintenance, and repair of such are to be solely the
responsibility of the condominium association.
Such WWTDF will be approved under the following conditions:
A. The WWTDF must be approved and accepted by the DPW Director and its
locus must be deeded to the Town prior to any building being connected.
B. The project must deposit a sum of money into a Town owned and administered
special gift account, which is to be calculated and specified by the
DPW Director or the Town Administrator. The amount of the gift will
be calculated such that the annual interest earned will be sufficient
to fund the annual costs of wastewater treatment and disposal that
is in excess of the average cost for wastewater treatment paid by
the Town prior to adding said WWTDF to the Town system. The special
gift account must be established prior to any building being connected.
The Board of Selectmen may waive strict compliance with this
bylaw upon receipt of an application for waiver from the proponent
and receipt of comments from the DPW, Board of Health, Inspector of
Buildings, and Planning Board.