TOWN OF NORTH ANDOVER
OFFICE OF THE TOWN CLERK
120 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 01845
Joyce A. Bradshaw, CMMC Telephone (978) 688-9501
This is to certify that the following vote was taken on Article 18 at the Adjourned Annual Town Meeting for the Town of North Andover held May, 15, 2001:
Article 18. Amend Town Code – Add Chapter 177 - Water Use Restriction Bylaw. UNANIMOUSLY VOTED to amend the Code of the Town of North Andover by adding a new Chapter 177 to be known as “WATER” and add Article I – “Water Use Restriction” which will become the Town of North Andover Water Use Restriction Bylaw to read as follows:
CHAPTER 177 WATER USE RESTRICTION BYLAW
177-1. Authority
This Bylaw is adopted by the Town under its police powers to protect public health and welfare and its powers under Massachusetts General Laws Chapter 40, Section 21 et seg. and implements the Town’s authority to regulate water use pursuant to Massachusetts General Law Chapter 41, Section 69B. This bylaw also implements the Town’s authority under Massachusetts General Laws Chapter 40, Section 41A, conditioned upon a declaration of water supply emergency issued by the Department of Environmental Protection.
177-2. Purpose
The purpose of this bylaw is to protect, preserve and maintain 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 Department of Environmental Protection.
177-3. Definitions
Person - Shall mean any individual, corporation, trust, partnership or association, or
other entity.
Public Water Supply - Shall mean the North Andover Municipal Water Supply
System withdrawing water from Lake Cochichewick.
State of Water Supply Emergency - Shall mean a State of Water Supply Emergency declared by the Department of Environmental Protection under Massachusetts General Laws Chapter 21G, Sections 15-17.
State of Water Supply Conservation - Shall mean a State of Water Supply Conservation declared by the Town pursuant to Section 177-4 of this bylaw.
Water Users or Water Consumers - 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/location.
Director - Shall mean the Director of the Division of Public Works for the Town of North Andover.
177-4. Declaration of State of Water Supply Conservation
The Town, through the Board of Selectman, may declare a State of Water Supply Conservation within the Town’s Public Water System upon a determination by the Director 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 Supply Conservation shall be given under Section 177.6 of this bylaw before it may be enforced.
177-5. 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 public water supply. The applicable restrictions, conditions or requirements shall be included in the Public Notice required under Section 177.6.
1. Outdoor Water Use Hours – Outdoor water use by water users is permitted only during daily periods of low demand, at night or early morning.
2. Odd/ Even Day Outdoor Water Use – Outdoor water use by water users with odd numbered addresses is restricted to odd numbered days. Outdoor water use by water users with even numbered addresses is restricted to even number days.
3. Outdoor Water Use Ban – Outdoor water use by water users is prohibited.
177-6. Public Notification of 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 town water of the State of Water Supply Conservation. Any restriction imposed under Section 177.5 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.
177-7. Termination of State of Water Supply Conservation: Notice
A State of Water Supply Conservation may be terminated by a majority vote of the Board of Selectmen 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 Section 177.6.
177-8. State of Water Supply Emergency: Compliance with DEP Orders
Upon notification to the public that the Department of Environmental Protection has issued a State of Water Supply Emergency, no person shall violate any provision, restriction, requirement, condition of any order approved or issued by the Department intended to bring about an end to the State of Water Supply Emergency.
177-9. Violation and Penalties
Any person violating this bylaw shall be subject to a warning for the first offense and thereafter shall be liable to the Town in the amount of $50.00 for the second violation, and $100 for each subsequent violation, which shall inure to the Town for such uses as the Board of Selectmen may direct. Fines shall be recovered by indictment, or on complaint before the District Court, or by non-criminal disposition in accordance with Section 21D of Chapter 40 of the provisions of the Massachusetts General Laws. For purposes of non-criminal disposition, the enforcing person(s) shall be any police officer of the Town of North Andover. Each day of violation shall constitute a separate offense.
177-10. Severability
The invalidity of any portion or provision of this bylaw shall not invalidate any other portion or provision thereof.
VOTED MAY 15, 2001
Article 19. Automatic Lawn Irrigation Bylaw. UNANIMOUSLY VOTED that the Town amend the Code of North Andover by adding to Chapter 177 “WATER “ – ARTICLE II – Sections 177.11 to 177.15 to be known as the Town of North Andover Automatic Lawn Irrigation System Bylaw to read as follows:
CHAPTER 177 – WATER – ARTICLE II
AUTOMATIC LAWN IRRIGATION SYSTEM BYLAW
177-11. Registration
All automatic lawn irrigation systems connected to the municipal water system of the Town of North Andover shall be registered with the Division of Public Works (DPW). A fee may be charged for this registration. The Board of Selectmen shall set registration fees.
177-12. Backflow Prevention
The Town of North Andover shall be protected from a backflow condition from all automatic lawn irrigation systems connected to the municipal water system by the installation of a backflow prevention device approved by the Division of Public Works. Each backflow prevention device shall be registered with the Division of Public Works.
All new or existing residential, municipal, commercial and industrial property owners are required to install or have in place, a backflow prevention device on their automatic lawn irrigation system. The installation shall be in compliance with 310 CMR 22.22. These devices must be installed on the discharge side of the water meter, preferably indoors, but can be located outside provided they can easily be removed to protect them from damage by freezing.
Reduced Pressure Zone and Pressure Vacuum Breaker type devices shall be tested upon initial installation and thereafter in accordance with 310 CMR 22.22
177-13. Rain Sensors
Installation of new automatic lawn irrigation systems connected to the municipal water supply in the Town of North Andover shall be equipped with a rain sensor approved by the Division of Public Works so that watering will be automatically prevented during or after a rain storm.
Any upgrade or repair of an existing automatic lawn irrigation system shall include the installation of an approved rain sensor if the same is not already installed and in good working condition.
The Division of Public Works shall maintain a list, available to the Public, of approved rain sensors.
177-14. Violations and Penalties
Any person violating this bylaw shall be subject to a warning for the first offense and thereafter shall be liable to the Town in the amount of $50.00 for the second violation, and $100 for each subsequent violation, which shall inure to the Town for such uses as the Board of Selectmen may direct. Fines shall be recovered by indictment, or on complaint before the District Court, or by non-criminal disposition in accordance with Section 21D of Chapter 40 of the provisions of the Massachusetts General Laws. For purposes of non-criminal disposition, the enforcing person(s) shall be any police officer of the Town. Each day of violation shall constitute a separate offense.
177-15. Severability
The invalidity of any portion or provision of the Bylaw shall not invalidate any other portion or provision thereof.
VOTED MAY 15, 2001
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