The severity of the water shortage shall be determined primarily by the well static levels in light of levels expected at given times of the year and expected demands and potential rainfall. The restrictive measures in effect at each stage are as follows:
(A) Stage I Water Conservation Alert.
(1) In the event the well water static levels do not conform to seasonal expectations as determined by the Dare County Water Director and advised to the Town Public Services Director, or daily water demand is approaching 95% of system capacity as determined by the Dare County Water Director and advised to the Town Public Services Director, a Stage I Water Conservation Alert may be declared in effect.
(2) Voluntary commercial, manufacturing, institutional and residential conservation measures will be strongly encouraged and recommended including the following:
(a) Inspect and repair all faulty and defective parts of faucets and toilet;
(b) Use shower for bathing rather than bathtub and limit shower to no more than five minutes;
(c) Do not leave faucets running while shaving, rinsing dishes, or brushing teeth;
(d) Limit use of clothes washers and dishwashers and when used, operate fully loaded;
(e) Limit lawn watering to that necessary for plant survival;
(f) Water shrubbery the minimum required;
(g) Limit vehicle washing;
(h) Do not wash down outside areas such as sidewalks, patios, driveways, and the like;
(i) Install water flow restrictions in showerheads and other water saving devices;
(j) Use disposable and biodegradable dishes where possible;
(k) Install water saving devices in toilets, such as early closing flapper valves;
(l) Limit hours of water-cooled air conditioners;
(m) Do not fill swimming or wading pools;
(n) Do not serve drinking water in restaurants, cafeterias, or other food establishments, except as requested.
(3) An extensive publicity campaign will be initiated using public media and specialized methods to inform the public of an impending water shortage. As a wholesale customer of the Dare County regional public water system, the town hereby states its intention and willingness to cooperate.
(4) Water supply line pressure should be reduced where feasible to reduce water consumption if it will not affect operations of fixtures, equipment, or public safety devices.
(5) Conservation in public buildings, institutions, dormitories, and similar facilities is encouraged by restricting pressure at plumbing fixtures, and by installation of restricting devices.
(6) All residences, businesses, and institutions are requested to delay new landscape work until the water shortage has ended.
(7) Water conservation should be followed during all phases of construction related activities. Where appropriate, water should be obtained from supplemental sources and construction related activities that require water should be delayed until such time as the water emergency has ended.
(8) New service connections to the system may be halted as per discretion of the Mayor.
(B) Stage II Water Shortage Warning.
(1) In the event well water static levels continue to drop below seasonal expected levels as determined by the Dare County Water Director and advised to the Town Public Services Director or daily water production approaches 100% of daily capacity of the water production and distribution systems, a Stage II Water Shortage Warning may be declared in effect and the following mandatory water restrictions shall be imposed. It shall be unlawful to use water from the Dare County regional public water system for the following purposes:
(a) To water lawns, grass, shrubbery, trees, flower and vegetable gardens, except by hand- held hose, container, or drip irrigation system. Provided, however, that a person regularly engaged in the sale of plants shall be permitted to use water for irrigation of their commercial stock in trade;
(b) To fill newly constructed swimming pools and/or wading pools or refill or top off, swimming and/or wading pools;
(c) To operate water-cooled air conditioners or other equipment that does not recycle cooling water, except when health and safety are adversely affected;
(d) To wash automobiles, trucks, trailers, boats, airplanes, or any other type of mobile equipment. Provided, however, that any person regularly engaged in the business of washing motor vehicles and commercial car wash facilities shall be permitted to use water for such purposes;
(e) To wash down outside areas such as streets, driveways, parking lots, office buildings, exteriors of existing or newly constructed homes or apartments, sidewalks, or patios, or to use water for similar purposes. Provided, however, that hand washing of exterior surfaces of a building for the purpose of preparing them for painting shall be permitted;
(f) To operate or introduce water into any ornamental fountain, pool, or pond or other structure making similar use of water;
(g) To use water for dust control or compaction;
(h) To use water for any unnecessary purpose or to intentionally waste water.
(2) The owner or occupant of any land or building that receives water from the town and also uses water from a private well shall post a sign giving notice of the use of the private well or other source of supply.
(3) All industrial, manufacturing, and commercial enterprises shall reduce consumption to any degree feasible with a goal of a reduction of at least 25%.
(C) Stage III Water Shortage Danger.
(1) In the event well water static levels continue to decrease in spite of restrictions as imposed above, a Stage III Water Shortage Danger may be declared to exist as determined by the Dare County Water Director and advised to the Town Public Services Director, and in addition to the restrictions heretofore imposed under Stage II, the following mandatory water restrictions shall be imposed. It shall be unlawful to:
(a) Water or sprinkle any lawn, grass, shrubbery, trees, or flowers except from a watering can or other container not exceeding three gallons in capacity. Provided, however, that a person regularly engaged in the sale of plants shall be permitted to use water for irrigation of their commercial stock in trade. State, county, and town licensed landscape contractors may continue to water plantings, which are under written warranty, by hand held hose, container or drip irrigation;
(b) Water any vegetable garden except by hand held hose, container, or drip irrigation system;
(c) Make any nonessential use of water for commercial or public use.
(2) All industrial, manufacturing, and commercial enterprises shall reduce consumption to any degree feasible with a goal of a reduction of at least 50%, and customers regularly engaged in the business of washing motor vehicles and commercial car washes shall reduce consumption to any degree feasible with a goal of at least 30%, as compared with their usage during the corresponding billing period for the most recent 12-month period in which no stage of this subchapter was in effect. Provided, however, this goal shall not apply to those customers who wash parts of vehicles where federal, state, or local laws require such washing.
(D) Stage IV Water Shortage Emergency.
(1) In the event previous restrictions are not sufficient to eliminate reductions in water supply reserves and the Town Manager is advised that water reserves and production capabilities are critically low, he shall notify the Mayor in writing. Upon such notification, the Board of Commissioners shall declare a Stage IV Water Shortage Emergency to exist. Upon such declaration, the town shall be deemed in a state of emergency with respect to its water supply and residential customers shall reduce their consumption to any degree possible with a goal of a reduction of at least 25% of their average usage. In addition to the restrictions heretofore imposed in Stages II and III, the following mandatory water restrictions shall be imposed. It shall be unlawful to:
(a) Use water outside a structure for any other than emergency use involving fire or as needed by the town Public Services Department to maintain the system, except that flowers, plants, and shrubs may be watered from a watering can or other container not exceeding three gallons in capacity.
(b) Wash any vehicle for any purpose.
(c) Exceed the following water usage mandate: All customers shall reduce their water usage by 25% as compared with their usage during the corresponding billing period for the most recent 12-month period in which no stage of this subchapter was in effect.
(2) It is the primary responsibility of each non-residential customer to meet its mandated water use reduction in whatever manner possible, including limitation of operating hours, or days, if necessary.
(3) If the mandated reduction in water usage cannot be obtained without threatening health or safety, or if there has been a significant change in the customer's circumstances, the customer may apply to the Town Manager, or designee, for a variance to the mandate.
(4) Any customer who exceeds the allotments established to this mandate shall be subject to termination of their water service.
(Ord. 02-12, passed 7-8-02; Am. Ord. 08-23, passed 8-11-08)