[Adopted 4-12-2017 by Bylaw Amendment 17-787[1]]
This article is adopted by the Town of Franklin under its police
powers to protect public health, safety and welfare and implements
the Town's authority to regulate, limit and prohibit water use.
This article also implements the Town's authority under MGL c.
40, § 41A, conditioned upon a declaration of Water Supply
Emergency issued by the Department of Environmental Protection.
The purpose of this article is to protect, preserve and maintain
the public health, safety and welfare whenever there is in force a
State of Water Supply Conservation or Water Ban by providing for enforcement
of any duly imposed prohibitions, restrictions, requirements, provisions
or conditions imposed by the Town or by the Department of Environmental
Protection.
A.
Water Supply Conservation and Water Ban measures apply to public
water supply users only.
B.
Commercial agricultural users and golf courses shall be exempt from
all provisions of this article. The Town of Franklin is exempt from
all provisions of this article to the extent required to protect public
assets.
For the purpose of this article, the following terms shall have
the meanings indicated:
The system of Town-owned wells and pipes used to distribute
drinking water and provide fire protection as well as all sources
for said water, including subsurface aquifer(s).
Any individual, property owner, tenant, corporation, trust,
partnership or association, or other entity located in Franklin and
is connected to the Franklin Water Supply.
A State of Water Supply Conservation declared by the Town pursuant to § 179-16 of this article.
A state of elevated water restrictions declared by the Town pursuant to § 179-18 of this article.
As required by the Town's Water Management Act Permit, the Town Administrator shall declare a State of Water Supply Conservation no later than the first Monday in June through, at the earliest, the second Monday in September each year. Outdoor water use restrictions outlined in § 179-17 shall be applicable to all water users of the public water system regardless of any person's responsibility for paying water bills for water used at any particular facility. The Town Administrator may extend the State of Water Supply Conservation if he determines that a shortage of water exists, or may reasonably be determined to be imminent, and that conservation measures are appropriate to ensure the safe and adequate supply of water to all water consumers.
A declaration of a State of Water Supply Conservation shall include, but not be limited to, one or more of the following restrictions, conditions, or requirements limiting the use of water as necessary to protect the public supply. The applicable restrictions, conditions or requirements shall be included in the public notice required under § 179-20.
A.
One day per week outdoor watering. Outdoor watering using sprinklers
or automated irrigation systems is restricted to the water user's
trash day. If the user does not have Town trash service, the user
should water on the same day as the nearest Town trash customer.
B.
Outdoor watering hours. Outdoor watering is prohibited between the
hours of 9:00 a.m. and 5:00 p.m.
If the Town Administrator makes a specific finding that the shortage of water exists because of a clear and imminent threat to the aquifer(s) underlying Franklin, such threats to include severe drought or environmental pollution, the Town Administrator may elevate the State of Water Supply Conservation to a Water Ban: either partial or total. Outdoor water use restrictions outlined in § 179-19 shall be applicable to all water users of the public water system regardless of any person's responsibility for paying water bills for water used at any particular facility. The applicable restrictions, conditions or requirements shall be included in the public notice required under § 179-20.
A.
A declaration of a partial Water Ban may include, but not be limited to, one or more of the following restrictions, conditions, or requirements limiting the use of water as necessary to protect the public supply. The applicable restrictions, conditions or requirements shall be included in the public notice required under § 179-20.
(1)
Prohibition on the use of sprinklers and automatic sprinkler systems.
(2)
Limitation on outdoor watering to handheld watering of vegetable
and flower gardens.
(3)
Prohibition on handwashing of exterior building surfaces, parking
lots, sidewalks, driveways and patios.
(4)
Prohibition on washing of vehicles, except in commercial car washes.
(5)
Mandatory water use reductions by commercial/industrial users.
Notification of any provision, restriction, requirement or condition imposed by the Town as part of a State of Water Supply Conservation or Water Ban shall be published on the official Town of Franklin website, or by such other means reasonably calculated to reach and inform users of water of the state of water supply conservation. Any restriction imposed under § 179-17 or § 179-19 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.
A State of Water Supply Conservation or Water Ban may be terminated by the Town Administrator as allowed by the Town's Water Management Act Permit, upon his determination that the water supply shortage no longer exists. Public notification of the termination of a State of Water Supply Conservation or Water Ban shall be given in the manner provided in § 179-20.
If the Department of Environmental Protection declares a State
of Water Supply Emergency under MGL c. 21G, § 15-17, no
person shall violate any provision, restriction, requirement or condition
of any order approved or issued by the Department intended to bring
about an end to the State of Emergency.
All persons who have private wells for lawn irrigation must
prominently display signs visible to the public that include the following
phrase "PRIVATE WELL WATER IN USE." Signs must be a minimum of 11
inches by 17 inches and displayed in a location clearly visible from
the street whenever the irrigation system is in use. False posting
is prohibited.
The Town Administrator and his designee(s), Director of Public
Works and his designee(s), Franklin Police Department, Building Commissioner,
Conservation Agent, and Board of Health Agent shall each have authority
to enforce the provisions of this article.
