[HISTORY: Adopted by the Town Meeting of
the Town of Stoughton as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Water meters — See Ch. 189.
[Adopted 3-6-1956, Art. 9C, approved 7-25-1956]
[Amended 3-6-1956 ATM, Art. 43]
Sections 42G, 42H and 421 of Chapter 40 of the
General Laws of the Commonwealth are hereby accepted.
This article shall not apply to water takers
on mains of four inches or more at the date of enactment hereof.
All Water Department revenue shall be appropriated
by the Town for water purposes and for no other purpose, and the rates
fixed by the Board of Selectmen, as Water Commissioners, for the sale
of water shall be sufficient to meet the operating expenses of the
Water Department, including debt incurred by the Town in behalf of
the Water Department and interest thereon; and any excess of water
revenue above expenses shall be credited to a Water Department available
surplus account. Any net surplus in the Water Department available
surplus account may be appropriated by the Town for such new construction
and replacements as may be considered necessary by the Water Commissioners,
and if the net surplus in the Water Department available surplus account
represents an amount in excess of the amount required for new construction
and replacements, the water rates shall be reduced proportionately.
The Board of Selectmen, as Water Commissioners, shall annually, and
as often as the Town may require, render a report upon the condition
of the works under its charge and on account of its doings, including
an account of the receipts and expenditures of the Water Department.
[Added 4-30-1984 ATM, Art. 43]
The Board of Selectmen, acting as Water Commissioners,
from time to time shall review the water rates and charges and rules
and regulations and shall have the authority to increase the rates
and charges after a public hearing in accordance with the Massachusetts
General Laws.
[Added 3-7-1960 ATM, Art. 41]
The Planning Board, in all cases under its jurisdiction,
and the Board of Selectmen in all other cases, shall, at their discretion,
order that water mains shall be placed on the opposite side of a way
from the gas main, and this shall be equally governing on both the
Town, public utilities and any contractors that may be engaged in
construction in the Town.
The Board of Selectmen, acting as a Board of
Water Commissioners, is authorized to levy special assessments for
the construction of water mains in both public and private ways for
the conveyance of water to the inhabitants thereof.
A.
The special assessments provided for in § 188-6 shall be levied against the abutters on public and private ways on the basis of an average cost per running foot for a water main of the following specifications: eight-inch ductile iron or cast iron pipe, cement lined.
[Amended 4-30-1984 ATM, Art. 43]
B.
The cost of laying of such water main shall also include
the cost of whatever hydrants are deemed necessary for adequate fire
protection, including the necessary fixtures ordinarily used in making
water mains complete units.
The method of assessment shall be against each
parcel of land on both sides of a public or private way so improved.
The assessment shall be so computed that the
abutters shall pay 100% of the cost of construction based on the cost
of the main, materials, labor and incidental expenses. This assessment
cost shall be subject to the vote of the Annual Town Meeting.
The Board of Selectmen, acting as a Board of
Water Commissioners, shall cause each abutter to be billed for the
proportionate cost of such water mains after completion of construction.
In the event that an assessment, levied pursuant
to this article, is not paid within 90 days from the date of billing,
the unpaid assessment shall constitute a lien on the property affected,
and the cost shall be prorated over a ten-year period in the same
manner and with the same interest charges as the most recent sewer
assessments of the Town are prorated.
In the event that the Board of Selectmen, acting as a Board of Water Commissioners, sees fit to construct water mains in sizes of pipe in excess of that specified in § 188-7, the Town shall assume the difference in cost, payable out of whatever funds are or may be appropriated or established for the installation, maintenance and operation of the water system of the Town.
The Board of Selectmen, acting as a Board of
Water Commissioners, is authorized to order water mains constructed
without a vote of the Town when in its opinion such mains are necessary;
provided, however, that no water main shall be constructed where an
assessment is to be levied until legal notice is given of the intention
to construct such water main and levy assessment for the same and
a hearing given where all parties interested may be heard, such notice
to be published in one or more newspapers published in the Town or
the county. The notice must give the time and place of the hearing
and the location of the water main construction proposed. Such notice
shall be published at least 14 days previous to any construction and
seven days before the date set for a hearing on the same.
[Added 3-4-1968 ATM, Art. 34, approved 7-23-1968; amended 5-2-1994 ATM, Art. 32]
A.
The Board of Selectmen, acting as Water Commissioners,
may, as the necessity requires, restrict the use of water.
B.
The provisions of this section shall be enforced by
any regular Stoughton police officer or designee of the Stoughton
Police Department, by noncriminal complaint pursuant to the provisions
of MGL c. 40, § 21D. Each day on which a violation exists
shall be deemed to be a separate offense. The penalty for violation
of this section for purposes of noncriminal disposition shall be $10
for the first violation and $50 for each subsequent violation.
[Amended 12-1-1997 STM, Art. 25]
[Adopted 5-5-2008 ATM, Art. 43]
A.
Authority. This bylaw is adopted by the Town under its police powers
to protect public health and welfare and 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 Massachusetts Department of Environmental Protection (the DEP).
B.
Purpose. 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 DEP.
C.
PERSON
STATE OF WATER SUPPLY EMERGENCY
STATE OF WATER SUPPLY CONSERVATION
WATER USERS or WATER CONSUMERS
Definitions.
Shall mean any individual, corporation trust, partnership
or association, or other entity.
Shall mean a state of water supply emergency declared by
the DEP under MGL c. 21G, §§ 15 through 17.
Shall mean a state of water supply conservation declared by the Town pursuant to Subsection D of this bylaw.
Shall mean 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.
D.
Declaration of a state of water supply conservation. The Town, through its Board of Water and Sewer Commissioners, may declare a state of water supply conservation upon a determination by a majority vote of the Board that a shortage of water exists and conservation measures are appropriate to ensure an adequate supply of water to all water consumers. Public notice of a state of water conservation shall be given under Subsection F of this bylaw before it may be enforced.
E.
Restricted water uses. A declaration of a state of water supply conservation shall include one or more of the following restrictions, conditions, or requirements limiting the use of water as necessary to protect the water supply. The applicable restrictions, conditions or requirements shall be included in the public notice required under Subsection F.
(1)
Day of week outdoor water use. Outdoor watering by water users is
restricted to particular days of the week as specified by the Board
and stated in the declaration of a state of water supply conservation
and public notice thereof.
(2)
Outdoor water use ban. Outdoor watering is prohibited.
(3)
Outdoor water use hours. Outdoor watering is permitted only during
daily periods of low demand, to be specified by the Board and stated
in the declaration of a state of water supply conservation and public
notice thereof.
(4)
Filling swimming pools. Filling of swimming pools is prohibited.
(5)
Automatic sprinkler use. The use of automatic irrigation sprinkler
systems is prohibited.
F.
Public notification of a state of water supply conservation; notification of DEP. Notification of any provision, restriction, requirement or condition imposed by the Town as part of a state of water supply conservation shall be published in a newspaper of general circulation within the Town, or by such other means reasonably calculated to reach and inform all users of water of the state of water supply conservation. Any restriction imposed under Subsection E shall not be effective until such notification is provided. Notification of the State of Water Supply Conservation shall also be simultaneously provided to the Massachusetts Department of Environmental Protection.
G.
Termination of a state of water supply conservation; notice. A state of water supply conservation may be terminated by a majority vote of the Board of Water Commissioners, 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 in the same manner required by Subsection F.
H.
State of water supply emergency; compliance with DEP orders. Upon
notification to the public that a declaration of a state of water
supply emergency has been issued by the DEP, no person shall violate
any provision, restriction, requirement, condition or any order approved
or issued by the DEP intended to bring about an end to the state of
emergency.
I.
Enforcement.
(1)
This bylaw may be enforced by any police officer of the Town or by
the Board of Water and Sewer Commissioners or its agents.
(2)
This bylaw may be enforced by indictment or on complaint brought
in the district court. The maximum penalty for each violation of this
bylaw shall be $300. Each day or portion thereof shall constitute
a separate offense.
(3)
This bylaw may be enforced by noncriminal disposition pursuant to
the provisions of G.L. c. 40, § 21D. For purposes of noncriminal
disposition, any person who violates any provision of this bylaw shall
be subject to a penalty in the amount of $50 for the first violation,
$100 for the second violation, and $300 for the third and each subsequent
violation. Each day or portion thereof shall constitute a separate
offense.
J.
Severability. The invalidity of any portion or provision of this
bylaw shall not invalidate any other portion or provision thereof.
