[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:
OUTDOOR UNDERGROUND WATER SPRINKLER SYSTEM
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.
PERSON
Any individual, corporation, trust, partnership or association
or other entity.
PUBLIC WATER SUPPLY
Any water which is fully or partially drawn from a well operated
by the Town of Wayland.
WATER CUSTOMER
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.
[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.