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]
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.
C. The Lots Hollow Road Tract consisting of the following parcel:
(1) Map 47, Parcel 96: 3.88 acres.
[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.
The invalidity of any portion or provisions of this bylaw shall
not invalidate any other portion, provision or section hereof.