[HISTORY: Adopted by the Town Council of the Town of West
Springfield as indicated in article histories. Amendments noted where
applicable.]
[Adopted 6-12-2002 by Ord. No. 110 (Ch. 7, § 7-1500, of the
Codified Ordinances); amended in its entirety 9-18-2018]
This article is adopted by the Town in furtherance of its police
powers pursuant to the Home Rule Amendment of the Massachusetts Constitution,
Article LXXXIX to protect public health and welfare and pursuant to
its powers under MGL c. 40, § 21 and implements the Town's
authority to regulate water use pursuant to MGL c. 41, § 69B.
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 under
MGL c. 21G, §§ 15 through 17. This article is also
intended to implement other water conservation requirements of MGL
c. 21G, the "Massachusetts Water Management Act" and its regulations
promulgated at 310 CMR 36.00.
The purpose of this article is to protect, preserve and maintain
the public health, safety and welfare of Town residents whenever there
is in force a "state of water supply conservation" or "state of water
supply emergency" by ensuring an adequate supply of water for drinking
and fire protection and to protect the quality and quantity of water
in local aquatic habitats such as ponds, rivers and wetlands. This
purpose will be accomplished by providing for the imposition and enforcement
of any duly implemented restrictions, requirements, provisions or
conditions on water use imposed by the Town in accordance with this
article and/or by the Department of Environmental Protection under
its state law authorities.
All Town water users shall be subject to these regulations.
These regulations shall be in effect year round.
As used in this article, the following terms shall have the
meanings indicated:
Farming in all its branches as defined at MGL c. 128, § 1a.
Any system for watering vegetation other than a hand-held
hose or a bucket.
Those uses that are not required: for health or safety reasons;
by regulation; for the production of food and fiber; for the maintenance
of livestock; or to meet the core functions of a business (for example,
irrigation by golf courses as necessary to maintain tees and greens,
and limited fairway watering, or irrigation by plant nurseries or
agricultural operations as necessary to maintain stock or establish
new plantings, wash equipment to prevent damage and/or maintain performance,
pest management and plant cooling).
Nonessential outdoor water uses that are subject to mandatory
restrictions include but are not limited to:
Irrigation of lawns via hoses, nozzles, hand-held buckets, sprinklers
or automatic irrigation systems;
Washing of vehicles, except in a commercial car wash or as necessary
for operator safety or to prevent damage and/or maintain performance
of agricultural or construction vehicles or equipment; and
Washing of exterior building surfaces, parking lots, driveways
or sidewalks, except as necessary to apply paint, preservatives, stucco,
pavement or cement.
Exceptions to nonessential outdoor water uses are:
Irrigation of public parks and recreation fields outside the
hours of 9:00 a.m. to 5:00 p.m.
Irrigation of lawns, gardens, flowers and ornamental plants
by means of a hand-held hose outside the hours of 9:00 a.m. to 5:00
p.m.
Irrigation outside the hours of 9:00 a.m. to 5:00 p.m. with
harvested and stored stormwater runoff.
Irrigation to establish replanted or resodded lawn or plantings
during the months of May and September;
Irrigation of newly planted lawns (seeded or sodded) in the
current calendar year for homes or businesses newly constructed in
the previous 12 months;
Filling of privately owned outdoor pools.
Any individual, corporation, trust, partnership, association,
agency or authority or other entity and any officer, employee, group
or agent of such persons.
A state of water supply conservation declared by the Town pursuant to § 257-5 of this article.
A water-related emergency declared by the Massachusetts Department
of Environmental Protection under MGL c. 21G, §§ 15
through 17.
The Town of West Springfield and, where appropriate, the
Mayor and his/her designee.
All persons using the public water supply irrespective of
that person's responsibility for billing purposes for use of
the water.
All persons using water within the Town.
The Town, through the Mayor or his/her designee, may declare a state of water supply conservation upon a determination that a shortage of water exists or may exist unless conservation measures appropriate to ensure an adequate supply of water to all water consumers are adopted. Public notice of a state of water supply conservation shall be given in the manner set forth in § 257-8 of this article.
Upon notification to the public that a declaration of a state
of water supply emergency has been issued by the Massachusetts Department
of Environmental Protection ("DEP"), no person shall violate any provision,
restriction, requirement, condition of any order approved or issued
by DEP intended to bring about an end to the state of emergency unless
a waiver has been issued in writing by the Mayor or his/her designee.
A.
A declaration of a state of water supply conservation or state of water supply emergency shall include one or more of the following restrictions, conditions or requirements limiting nonessential outdoor water use by water customers and water users in Town as necessary to control the volume of water pumped each day. The applicable restrictions, conditions or requirements shall be included in the public notice required in § 257-8.
(1)
Nonessential outdoor water use days: Nonessential outdoor water use
is permitted only on the days per week specified in the state of water
supply emergency or state of water supply conservation and public
notice thereof. During a state of water supply emergency or state
of water supply conservation, nonessential outdoor water use is restricted
to two days or fewer per week.
(2)
Nonessential outdoor water use hours: Nonessential outdoor water
use is permitted only during the hourly periods specified in the declaration
of a state of water supply emergency or state of water supply conservation
and public notice thereof. At a minimum, nonessential outdoor water
use is prohibited during the hours from 9:00 a.m. to 5:00 p.m.
(3)
Nonessential outdoor water use method restriction: Nonessential outdoor
water use is restricted to a bucket or hand-held hose controlled by
a nozzle.
(4)
Nonessential outdoor water use ban: Nonessential outdoor water use
is prohibited at all times.
(5)
Automatic sprinkler system ban: The use of automatic sprinkler systems
is prohibited.
A.
Public notification of a state of water supply conservation. Notice
to the public of all provisions, including all restrictions, requirements
and conditions imposed by the Town as part of a state of water supply
conservation shall be made as soon as possible by publication in a
newspaper of general circulation within the Town. The Town may also
notify the public using other means determined to be appropriate (cable
TV, reverse 911, e-mail, etc.). Notification may also include e-mail,
Web sites, public service announcements on local media or other such
means reasonably calculated to reach and inform all water users.
B.
Public notification of a state of water supply emergency. Notice
to the public of all provisions, including all restrictions, requirements
and conditions imposed by a state of water supply emergency declared
by the Department shall be made by publication in a newspaper of general
circulation with the Town. The Town may also notify the public using
other means determined to be appropriate (cable TV, reverse 911, e-mail,
etc.). This notice shall be provided as soon as possible after the
public water system receives notice of the Department's declaration
of a state of water supply emergency. Notification may also include
e-mail, Web sites, public service announcements on local media or
other such means reasonably calculated to reach and inform all water
users of the state of water supply emergency.
C.
Any restriction imposed under §§ 257-5 or 257-6 or in the Department's state of water supply emergency or order shall not be effective until notification to the public is provided. Submittal of MassDEP's form "Notification of Water Use Restriction" shall be provided to the Massachusetts Department of Environmental Protection within 14 days of the effective date of the restrictions, per MassDEP regulations [310 CMR 22.15(8)].
A state of water supply conservation or state of water supply emergency may be terminated by the Mayor or his or her designee, upon a determination that the conditions requiring the state of water supply conservation no longer exist. Public notification of the termination of a state of water supply conservation shall be given in the same manner as required in § 257-8(a) for notice of its imposition.
Upon notification to the Town that the declaration of a state of water supply emergency has been terminated by the Department of Environmental Protection, the public will be notified of the termination in the same manner as is required in § 257-8(b) for notice of its imposition.
A.
Registration and installation.
(1)
All new and existing in-ground irrigation systems shall be registered
with the Town's Department of Public Works using the form designated
by the Department. A fee may be charged for this registration, which
shall be set by the Department of Public Works with the approval of
the Mayor. The Town may require inspection of the irrigation system.
(2)
All in-ground irrigation systems shall be equipped with a timing
device that can be set to make the system conform to the Town's
nonessential outdoor water use restrictions. During a state of water
supply emergency or state of water supply conservation, the timing
device must be set to conform to the daily and hourly nonessential
outdoor water use restrictions.
(3)
All in-ground irrigation systems shall be plumbed so that a
shutoff valve is located outside the building and situated so that
it may be shut off if found to be in violation of this article. For
the purposes of this section only, the Department of Public Works
may enter upon any property to enforce this section.
B.
Soil-moisture-sensor devices.
(1)
All in-ground irrigation systems installed in the Town after
January 1, 2019, shall be equipped with a soil-moisture-sensor device,
approved by the Department of Public Works, to prevent the system
from starting automatically when not needed. Proof of this installation
shall be provided to the Department of Public Works at the time of
registration.
(2)
Any service or repair to an existing in-ground irrigation system
shall include the installation of an approved moisture-sensor device,
if the same is not already installed and in good working condition.
Proof of this installation shall be provided to the Department of
Public Works at the time of installation.
C.
Backflow prevention.
(1)
All in-ground irrigation systems connected to the municipal
water system in the Town shall be protected from backflow events by
the installation of a backflow prevention device approved by the Department
of Public Works. Each backflow prevention device shall be registered
with the Department of Public Works. A fee may be charged for this
registration, which shall be set by the Department of Public Works
with the approval of the Mayor.
(2)
Each backflow prevention device shall be installed in accordance
with 310 CMR 22.22 and the manufacturer's instructions. Each
device shall be tested upon its installation and annually thereafter.
A Massachusetts-certified backflow device tester shall perform all
testing. Copies of results of all testing shall be filed with the
Department of Public Works. If the testing is performed by the Department
of Public Works, a fee may be charged, which shall be set by the Department
of Public Works with the approval of the Mayor.
Violations of this article shall be enforceable under the noncriminal disposition procedures established by MGL c. 40, § 21d, and adopted set forth in Chapter 1, Article II of this Code. The noncriminal disposition penalties for any person violating this article shall be the following issued to the assessed owner of the property where the violation occurred: a written warning for the first violation; $50 for the second violation; $100 for the third violation; and $150 for each subsequent violation. Each day of violation shall constitute a separate offense. The noncriminal disposition penalty provision of this chapter shall take precedence over the penalty provisions of Chapter 1, Article II. The enforcement duties of this article shall be performed by the Town's Police Department or Department of Public Works. Any fines not paid when due shall be collected as a "municipal charge lien" pursuant to the provisions of MGL c. 40, § 58, and this article. If a state of water supply emergency has been declared the Town may, in accordance with MGL c. 40, § 41a, shut off the water at the meter or the curb stop.
The invalidity of any portion or provision of this article shall
not invalidate any other portion or provision of this article.
[Adopted as Ch. 9, § 9-700, of the Codified Ordinances]
The purpose of this article is to protect the public health
and safety by minimizing contamination of shallow/surficial aquifers
and preserving and protecting existing and potential sources of drinking
water supplies. It is the intent to accomplish this through both public
education and public cooperation, as well as by creating appropriate
land use regulations that may be imposed in addition to those currently
imposed by existing zoning districts or other Town regulations.
As used in this article, the following terms shall have the
meanings indicated:
Any reservoir, land, water supply, watershed and any structure
or building appurtenant thereto, owned by or under the care and control
of the Town of West Springfield and/or the Town of West Springfield
Department of Public Works.
Activity which, as determined by the Department of Public Works
Director, could injure or pollute watershed property, including but
not limited to the following, shall be prohibited on watershed property:
A.
Use of any motorized vehicle;
B.
Picnicking;
C.
Bathing, swimming;
D.
Ice skating;
E.
Wading or launching/operating boats or other watercraft;
F.
Fishing (including ice fishing), hunting, target shooting of any
kind (including but not limited to bow and arrow and firearms);
G.
Paintballing or use of paintball guns;
H.
Smoking;
I.
Littering or depositing dirt, refuse, construction/demolition debris,
white goods, household trash including but not limited to discarded
appliances and/or furniture, hazardous materials, or any other matter
as described by Massachusetts Department of Environmental Protection
as having the potential to injure or pollute watershed property;
J.
Drawing or causing to be removed any water from any source;
K.
Possession of any alcoholic beverage or controlled substance; and
L.
Fires of any type.
A.
The following activities are allowed on watershed property with a
permit from the Department of Public Works Director, the Mayor, or
their respective designees:
B.
Provided, however, vehicles and equipment used or contracted by the
Town of West Springfield to maintain the watershed property and enforce
these ordinances may be operated without the need for a permit, as
may be Town, state or federal public safety vehicles and equipment.
The following passive, recreational, and educational activities
will be allowed on the watershed property without a permit:
A.
Hiking, walking, running, nonmotorized biking, snowshoeing, cross-country
skiing, bird watching, nature study, and historical and educational
themed activities (that do not require use of nonpermitted or prohibited
activities).
B.
The walking and exercising of dogs kept as household pets as well
as service animals are allowed under the following conditions:
C.
Any other nonprohibited activity as identified by posting on any
watershed property.
There will be no trespassing on watershed property by vehicle
or on foot from dusk to dawn. Parking of vehicles is limited to officially
designated areas and the shoulder of public ways through the watershed
property. Parking of vehicles anywhere else is restricted. The Town
of West Springfield reserves the right to alter the areas so designated
with no advance notice. Parking areas shall be designated by signs
placed in conspicuous locations by the Town of West Springfield. Such
signs may restrict parking to certain times and/or days. No private
party may regulate parking on any watershed property.
The Town of West Springfield may employ park rangers to patrol
various Town recreational areas, including watershed property. Anyone
using the watershed property for allowed or permitted uses as set
forth in these regulations shall be subject to the authority of the
park rangers and shall heed all reasonable directions and requests
presented by the park rangers.
Any person and, if applicable, the employer of illegal vehicles,
and all other persons concerned therein, violating the provisions
of this article shall be fined for each offense listed in the attached
Watershed Fines and Penalties Table as promulgated by the Director
of the Department of Public Works.[1] All fines provided for herein shall inure to the use of,
and be paid to, the Town of West Springfield. Violations of this article
shall be enforced by the Town of West Springfield's park rangers and
Police Department.
[1]
Editor's Note: The fines and penalties table is on file in
the Town offices.
Each term and provision of this article shall be valid and enforceable
to the fullest extent permitted by law, and any invalid, illegal or
unenforceable term or provision shall be deemed replaced by a term
or provision that is valid and enforceable and that comes closest
to expressing the intention of the invalid, illegal or unenforceable
term or provision.
