Article 82

WATER CONSERVATION

Section 1               Purpose and Intent

It is the intent of this By-Law to conserve the water supply of the Town, to minimize wastewater disposal, to protect and extend the water supply, to prevent sewage overflow and to protect the health and safety of the public

Section 2               Definition

For the purposes of this By-Law, the term "water savings cost estimate" shall mean the estimated cost of installing, financing, maintaining and replacing a water use system including the cost savings in consumption of water by use of mitigating measures and alternative solutions including but not limited to ultra low flow devices, composting toilets, recycling and reuse systems, and use of non potable water.

Section 3               Procedures

a.  A water savings cost estimate shall be required to conserve water supply and minimize wastewater disposal.

b.  Evidence shall be required to show that the applicant intends to utilize such devices, techniques or equipment that are consistent with Sections 1 & 2 of this By-Law.

Section 4               Applicability

a.  This By-Law shall become effective upon the approval of this by-law by the Attorney General.

b.  This By-Law shall apply in all Use Districts for any new water-using development, including all commercial and industrial developments and residential development in excess of three (3) units or for the modification or replacement of a water-using system in an existing structure or building or residential development in excess of three (3) units.

Section 5               Rules and Regulations

The Conservation Commission shall promulgate rules and regulations upon consultation with the Board of Health, the Building Commissioner and the Director of Public Works for the implementation of this By-Law.

Section 6               Administration and Enforcement Agents

1. The Building Commissioner shall not issue a building or occupancy permit unless the following are submitted with such application:

(1)   A water savings cost estimate

(2)   Construction methods to be implemented that are consistent with Sections 1 and 2 of this By-Law

(3)   A certificate from the Director of Public Works certifying that an adequate supply of potable water can be supplied to such building or structure.

b.   The Building Commissioner and the Director of Public Works shall condition new water connections upon the conformity of this By-Law respecting the implementation of measures to effectively conserve, recycle and reuse water.

Section 7               Application

a.   All practical measures to conserve, recycle and reuse water as developed in said water savings cost estimates and compatible with State codes and federal, state and local laws shall be implemented.

Section 8               Approval & Disapproval; Notice & Hearing; Certificate of Adequacy

a.   The Conservation Commission shall determine conformity with the By-Law. A public hearing shall be held by the Conservation Commission before approval, approval subject to conditions, or disapproval of the requirements of this By-law is given.

b.   The Director of Public Works shall issue no certificate of adequacy to supply water unless the existing potable water supply requirements of the inhabitants of the Town fall within safe yield of the watershed systems pursuant to any such determination made by the Department.

Section 9               Costs

The applicant shall assume all costs that may be incurred to comply with this By-Law.

Section 10             General Requirements

Failure to provide permits, certificates, and approvals as required by this By-Law shall not be due to failure by the applicant to apply to the appropriate agency for their grant.

Section 11             Appeals

Person aggrieved by a decision of the Board of Health, the Conservation Commission, the Building Commissioner or the Director of Public Works as to the denial of building, occupancy permits or water connections in this By-Law may appeal said decision under any applicable law.

Section 12             Severability

A conflict of one part or provision of this By-Law with any law shall not affect the validity or applicability of any other part or provision of this By-Law.