[HISTORY: Adopted by the Board of Trustees of the Village of Great
Neck Estates as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-16-1994 by L.L.
No. 4-1994 (Ch. 126, Art. I, of the 1981 Code)]
A.Â
The New York State Legislature has found that the potable
water for the northern portion of the Great Neck peninsula is derived from
aquifers which are the sole source of water for all of Long Island. The New
York State Legislature has further found that the issues of contamination
and conservation of the aquifers and the need to better manage the groundwater
system on the north of the Great Neck peninsula (which had been operated by
a private utility until 1985) were of such statewide concern that the Legislature
heretofore created the Water Authority of Great Neck North. It was the expressed
hope of the State Legislature in establishing the Authority that the Authority
would not only protect, preserve and enhance the quality and quantity of the
water within its supply area, but would also serve as a model and leader for
other water suppliers to better manage, conserve and protect the groundwaters
within and outside its supply areas. Said Authority, after investigating water
conservation and regulation programs, has recommended that all of the municipalities
within or partially within the jurisdiction of the Water Authority of Great
Neck North adopt water conservation regulations substantially similar to those
contained in this article.
B.Â
The Board of Trustees of the Village of Great Neck Estates
hereby determines that it would be in the best interest of the health, safety
and welfare of the inhabitants of the Village of Great Neck Estates to adopt
said water conservation regulations.
As used in this article, the following terms shall have the meanings
indicated, except where the context demonstrates otherwise:
The Water Authority of Great Neck North.
One or more tubes, pipes or hoses, or any combination thereof, and
all accessory valves, sprinklers and other devices, if any, which are used
to transport and release water for the purpose of irrigation.
Any individual, firm, entity or other organization of any kind, including
municipal districts, municipal corporations and public authorities.
A rain or soil moisture sensor capable of interrupting the operation
of an irrigation system when watering, as determined by the sensor, is not
required by virtue of rain or soil moisture, in accordance with the following
suggested criteria:
A rain sensor shall be a type capable of detecting minimum of 1/8
inch of rainfall and automatically interrupting and preventing the irrigation
system from operating. A rain sensor shall further be capable of allowing
the rainfall to evaporate and, when sufficient evaporation has occurred, to
automatically reset and allow continuation of normal irrigation in accordance
with the programmed schedule. The rain sensor shall be set to interrupt and
prevent the irrigation system from operating at a measure of rainfall no greater
than the measure designated by the Board of Trustees by resolution.
A moisture sensor shall be of a type capable of detecting the matric
potential of the soil in which it is used and automatically interrupting and
preventing the irrigation system from operating at a pressure no greater than
the pressure designated by the Board of Trustees by resolution.
The Incorporated Village of Great Neck Estates.
Any water obtained from the Authority or from underground within
the Water Authority of Great Neck North District.
A.Â
This article shall apply to all persons using water in
the Village of Great Neck Estates, whether or not such person using water
shall have a contract in his own name for water service within the Village.
B.Â
This article shall not apply to the use or distribution
of water to or onto one or more tennis courts for the purpose of maintaining
said courts in a condition suitable for the playing of tennis.
C.Â
In any prosecution for any violation of this article,
it shall be an affirmative defense that the alleged violation did not involve
the use of water obtained from either the Authority or from underground within
the Water Authority of Great Neck North District.
[Amended 11-14-1996 by L.L.
No. 11-1996]
A.Â
No irrigation system shall be used on or between such
hours as the Board of Trustees may designate by resolution from time to time.
Notice of the adoption of such resolution or any amendments thereto shall
be published once in the official newspaper of the Village; provided, however,
that failure to make such publication shall not affect the validity or enforcement
of such resolution or amendments.
B.Â
No irrigation system shall be used prior to April 15
or after November 1 in any calendar year.
C.Â
Irrigation by the day of the week. No irrigation system
shall be used on any day except the days indicated hereinafter, depending
upon the number address of the premises where the irrigation system is located:
D.Â
Irrigation by the odd/even day of the week. The owner or occupant of any premises where an irrigation system was equipped on April 15, 1996, with a control device which could not be set to automatically irrigate on the schedule set forth in Subsection C hereof may apply for an exemption from the schedule set forth in such subsection, which exemption shall remain in effect for so long as such control device continues to be used to control for such irrigation system. During the period of any such exemption, the irrigation system at such premises may be used only in accordance with the following schedule, depending upon the number address of the premises where the irrigation system is located, provided, however, that no irrigation system shall be used on any premises more than three days in any one calendar week:
E.Â
Exemptions.
(1)Â
Any owner or occupant of premises who seeks an exemption as provided in Subsection C hereof shall file with the Authority a signed, written application for such exemption, including the following:
(2)Â
Such exemption, if approved, shall continue until the control device is removed or replaced and may be renewed for so long as such control device continues to be used for the said irrigation system. No such control device shall be removed or replaced unless the new or replacement control device can conform to the requirements of Subsection C hereof and, upon the installation of such new or replacement control device, said exemption shall terminate without any further action by the Authority or the Village. In the event of any such replacement or removal, the owner of the control device promptly shall advise the Village Clerk and the Authority. As used in this subsection, the term "removal" shall not include temporary removal for purposes of repair.
(3)Â
Upon the approval by the Authority of an exemption upon
application as provided in this section, the owner or occupant of the premises
for which such exemption is approved shall file a copy of such approval with
the Village Clerk and upon such filing the exemption shall be applicable as
provided in this section.
A.Â
On or after April 15, 1995, no person shall use an irrigation
system in the Village with any type of device which automatically turns the
system on and/or off unless such irrigation system is controlled by a properly
working sensor.
B.Â
In the event that the Village has reasonable cause to
believe that an irrigation system is not controlled by a properly working
sensor as required by this article, notice by registered or certified mail,
return receipt requested, shall be given to the owner and/or tenant of the
premises where such irrigation system is located or to the person under whose
name the account for such water is listed with the Authority, requiring that
the owner and/or tenant submit a certification, in a form supplied by the
Village, that an irrigation system is controlled by a properly working sensor
as required by this article or that an irrigation system does not exist on
the property. The failure of such owner to submit the required certification
within 15 days of the mailing of said notice shall be punishable as a violation.
A false statement in such certification shall be punishable as provided in
the Penal Law for a false statement made under oath.
A.Â
It shall be unlawful for any person to commit, permit
or allow any violation of this article on any premises in the Village.
B.Â
Any person who violates any provision of this article
shall be punishable as provided for violations of this Village Code.[1] Each violation of each provision of this article shall be deemed
a separate offense and each such offense subject to punishment as provided
in this Code. Each day that a violation of the same provision of this article
continues shall be deemed a separate offense.
C.Â
Any Judge or Justice who imposes sentence upon any person
for violating any provision of this article may require, as a condition of
probation or as a condition of discharge, pursuant to Penal Law § 65.10,
that any such person who has or uses a fixed-in-place irrigation system shall
modify such irrigation system by installing, at such person's sole cost and
expense, a separate waterline and water meter for such system.
[Adopted 12-12-1994 by L.L.
No. 7-1994 (Ch. 126, Art. II, of the 1981 Code)]
The State Legislature heretofore has found that the potable water for
the northern portion of the Great Neck peninsula is derived from aquifers
which are the sole source of water for all of Long Island and that the issues
of contamination and conservation of the aquifers and the need to better manage
the groundwater system on the Great Neck peninsula, which had been operated
by a private utility in 1985, are of statewide concern. By reason thereof,
the State Legislature heretofore created the Water Authority of Great Neck
North ("Authority"), with the purposes of protecting, preserving and enhancing
the quality and quantity of the water within the Authority's supply area,
and to serve as a model and leader for other water suppliers to better manage,
conserve and protect the groundwaters within and outside their respective
supply areas. After investigating water conservation, regulation and management
programs, the Authority has recommended that all of the municipalities within,
or partially within, the Water Authority of Great Neck North District adopt
regulations prohibiting drilling, digging or tapping into any aquifers or
other subsurface source of water, in order to avoid the possibility of contamination
to the aquifer systems, pumping which could adversely affect salt water intrusion
into the public supply wells, and unregulated overpumping which could adversely
deplete supply facilities and affect the delicate balance of pumping from
public supply wells. Upon review of such proposed water conservation measures,
the Board of Trustees hereby finds and determines that it would be in the
best interest of the health, safety and welfare of the inhabitants of the
Village to adopt the regulations contained in this article.
No person, firm or entity shall drill, dig or tap into any aquifer or
other subsurface source of water within the Village without having first obtained
a permit from the Board of Trustees. Notwithstanding the foregoing, no permit
for such activity shall be required where such activity is conducted by the
Water Authority of Great Neck North or the New York State Department of Environmental
Conservation.
A.Â
A permit may be granted by the Board of Trustees to authorize
drilling, digging or tapping into an aquifer or other subsurface source of
water within the Village only upon written application, demonstrating the
need for such activity. Each such application shall be accompanied by the
written consent of the Water Authority of Great Neck North. Such application
for permit may be granted only upon a finding that the proposed activity will
not have a substantial adverse effect upon the water supply, or the quality
or quantity of water.
B.Â
Notwithstanding the foregoing, the Board of Trustees
may grant such an application for permit in an appropriate case without the
approval of the Water Authority of Great Neck North, after a public hearing
on the application for such permit. Notice of such hearing shall be given
in the same manner as required for adoption of a local law, and written notice
of which shall also be given to the Water Authority of Great Neck North at
least 10 days prior to the date of the said public hearing. Such application
for permit may be granted without the approval of the Water Authority of Great
Neck North only upon a finding that the proposed activity will not have a
substantial adverse effect upon the water supply or the quality or quantity
of water, and upon a finding that failure to approve such permit will cause
unusual hardship to the applicant.
C.Â
Any permit granted pursuant to this article
may be made subject to reasonable conditions imposed thereon by the Board
of Trustees, and may be suspended or revoked by the Board of Trustees in the
event of noncompliance with any of the said conditions.