[HISTORY: Adopted by the Town Meeting of the Town of Sharon 5-2-2022 ATM by Art. 18. Amendments noted where applicable.]
This bylaw is adopted by the Town of Sharon under 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 M.G.L. c. 40, § 21 et seq. and implements
the Town's authority to regulate water use pursuant to M.G.L.
c. 41, § 69B. This bylaw also implements the Town's
authority under M.G.L. c. 40, § 41A, conditioned upon a
declaration of water supply emergency issued by the Department of
Environmental Protection under M.G.L. c. 21G, §§ 15
through 17. This bylaw is also intended to implement other water conservation
requirements of M.G.L. c. 21G, the Massachusetts Water Management
Act, and its regulations promulgated at 310 CMR 36.00.
The purpose of this bylaw is to protect, preserve and maintain
the public health, safety, welfare and the environment whenever there
is in force a "State of Water Supply Conservation," a "State of Drought"
or a "State of Water Supply Emergency," thereby ensuring an adequate
supply of water for drinking and fire protection while also protecting
of the quality and quantity of water in local aquatic habitats such
as ponds, rivers and wetlands, thereby maintaining the health and
safety of both the public water supply and the citizens of Sharon.
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 bylaw and/or by the Department of Environmental Protection
under its state law authorities.
All Town residents that are customers of the public water supply
system shall be subject to this bylaw. This bylaw shall be in effect
year round.
Farming in all its branches as defined at M.G.L. c. 128,
§ 1A.
Any service of the system intended to cause the system to
function properly or to extend and maintain the operating life of
the system and/or system components.
Nonessential outdoor water uses that are subject to mandatory
restrictions include:
Irrigation of lawns via sprinklers or underground 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.
The following outdoor water uses are subject to review and approval
by the Town, through its Select Board or their designee:
Irrigation of public parks and recreation fields outside the
hours of 9:00 a.m. to 5:00 p.m. only;
Irrigation to establish replanted or resodded lawn or plantings
during the months of May through 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; and
Other uses which the Town, through its Select Board or their
designee, determine appropriate.
Any individual, corporation, trust, partnership, association,
agency or authority, or other entity and any officer, employee, group
or agent of such persons.
A business or individual that supplies care or specialized
services and/or products intended to maintain, install or expand an
irrigation system. Services may include system installation and expansion,
spring system start-up, watering zone realignments, clearing sprinkler
head obstructions, leak detection, run time calibration, rain sensor
testing, seasonal run time adjustments, rotor inspections and system
winterizations.
A drought advisory, watch, warning or emergency declared
by the Secretary of Energy and Environmental Affairs in consultation
with the Massachusetts Drought Management Task Force.
A State of Water Supply Conservation declared by the Town pursuant to § 255-5 of this bylaw.
A State of Water Supply Emergency declared by the Department
of Environmental Protection under M.G.L. c. 21G, §§ 15
through 17.
Any subsurface automated system for watering vegetation other
than a hand-held hose or a bucket, herein referred to as the "system"
or "systems." The system includes the pipes, valves, pumps, sprinkler
heads, control system, electrical wiring and other associated components
that collectively function to allow or force water to flow and irrigate
vegetation.
All persons using the public water supply irrespective of
that person's responsibility for payment for use of the water.
The Town, through its Select Board or their designee authorized
to act as such:
A.
May declare a State of Drought, Water Supply Conservation or Water
Supply Emergency upon a determination that conservation measures consistent
with state and federal regulations are appropriate and necessary to
ensure an adequate supply of water for drinking and fire protection,
to protect the quality and quantity of water in local aquatic habitats
such as ponds, rivers and wetlands; and
B.
May declare a State of Water Supply Conservation as necessary to
ensure compliance with the Water Management Act.
C.
Public notice of a State of Drought, Water Supply Conservation or Water Supply Emergency shall be given under § 255-7 of this bylaw before it may be enforced. Upon notification to the public that a State of Water Supply Conservation has been declared, no water customer shall violate any provision, restriction, requirement or condition of the declaration. The Water Commissioners may designate DPW Director to declare a State of Water Supply Conservation at any time that conditions warrant. The applicable restrictions, conditions or requirements shall be included in the public notice.
A declaration of a State of Water Supply Conservation, State of Drought or State of Water Supply Emergency shall include restrictions, conditions, or requirements limiting nonessential outdoor water use by water customers as necessary to control the volume of water pumped each day, except as provided as acceptable in § 255-4. The applicable restrictions, conditions or requirements shall be consistent with applicable Water Management Act permit conditions imposed by the Commonwealth of Massachusetts on water withdrawals.
A.
Public Notification of a State of Water Supply Conservation, State
of Drought or State of Water Supply Emergency. 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,
State of Drought or State of Water Supply Emergency shall be made
as soon as possible following the declaration of a State Water Supply
Conservation, State of Drought or State of Water Supply Emergency
by signage on major roadways or intersections, email, websites, public
service announcements on local media, reverse 911 calls or other such
means reasonably calculated to reach and inform water customers to
the extent reasonable.
C.
Notification of DEP. 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 may be terminated by a majority vote of the Select Board, acting in their authority as the Board of Water Commissioners, or by decision of their designee upon a determination by either or both of them that the conditions requiring the State of Water Supply Conservation no longer exist, or in accordance with the Water Management Act permit conditions. Public notification of the termination of a State of Water Supply Conservation shall be given in the same manner as is required in § 255-7A for notice of its imposition.
A.
The Town through their designee, including the Water Superintendent,
Building Inspector and/or local police, may enforce this bylaw.
B.
Any person violating this bylaw shall be subject to a warning for
the first offense each calendar year and thereafter shall be liable
to the Town in the amount of $50 for the second violation each calendar
year, and not more than $500 for each subsequent violation per calendar
year, in which every day of violation shall constitute a separate
offense, which shall inure to the Town for such uses as the Select
Board may direct. Fines shall be recovered by indictment, or on complaint
before the District Court, or by noncriminal disposition in accordance
with Section 21D of Chapter 40 of the provisions of the Massachusetts
General Laws. For purposes of noncriminal disposition, the enforcing
person(s) shall be the Select Board or their designee. Each day of
violation shall constitute a separate offense.
The invalidity of any portion or provision of this bylaw shall
not invalidate any other portion or provision thereof.
A.
Registration and installation. No person shall install or operate, or expand a new or existing system(s) which is connected to the public water supply unless an application is made pursuant to this bylaw, as outlined in Subsection D.
(1)
All systems connected to the municipal water system of the Town of
Sharon shall be registered with the Sharon Water Department. No fee
will be charged for this registration. Registration of any existing
system shall occur prior to their operation or inspection.
(2)
All systems shall be operated in conformance with the Town's
nonessential outdoor water use restrictions and regulations. Whenever
outdoor water use restrictions are in force, the system must be set
to conform to the daily and hourly nonessential outdoor water use
restrictions and regulations.
B.
In-line system water meter.
(1)
All systems connected to the municipal water system in the Town shall
have a separate in-line irrigation system water meter, hereby defined
as: a Town-supplied water meter, separate from the household or public
building water meter used to record volume consumption for drinking
water, kitchen, laundry, bathroom/lavatory, utility sink and outdoor
hose use. The irrigation system water meter shall be dedicated and
exclusively used to record that volume of water used by the in-ground
irrigation system. The irrigation system water meter will be installed
on the water pipe that leads directly to the system by and at the
discretion of the Sharon Water Department or its authorized vendor.
C.
System requirements.
(1)
All new systems installed under this bylaw shall conform to all applicable
state and local laws and regulations. All preexisting systems shall
be upgraded to conform to all applicable state and local laws and
regulations when the system is otherwise upgraded or modified and
if the system is not upgraded or modified, no later than two years
from the effective date of this bylaw.
D.
Rules and regulations.
(1)
The Sharon Department of Public Works shall have the authority and
duty to adopt, issue and administer any rules and regulations (including
restrictions) necessary for the administration, operation and enforcement
of outdoor underground water sprinkler systems connected to the public
water supply. Any such rules and regulations (including restrictions)
shall be consistent with the provisions of this bylaw.
