[HISTORY: Adopted by the Board of Trustees of the Village of Sands Point 11-16-2021 by L.L. No. 10-2021;[1] amended in its entirety 7-26-2023 by L.L. No. 5-2023. Subsequent amendments noted where applicable.]
[1]
Editor's Note: This local law also superseded former Ch. 137, Sprinkler Systems, adopted 3-16-1987 by L.L. No. 3-1987, as amended.
A. 
For the purposes of this chapter, the following terms, phrases, words, and their derivations shall have the meanings herein:
Existing Irrigation System
An Irrigation System that was installed before the enactment of Local Law No. 10 of 2021 and that is operating without a permit, whether automatic or manually operated.
Irrigation System
An underground, aboveground, or grade-level system, whether automatic or manually operated, that allows or provides a means to apply controlled amounts of water to land for irrigation.
Irrigation System Operator (ISO)
The person who has access to an owner's SIC and other Irrigation System components and who shall be responsible for its programming and operation, installation, or maintenance. In the absence of an ISO appointed by the owner, the owner shall be the ISO for the owner's property.
New Irrigation System
An Irrigation System that was installed after the enactment of Local Law No. 10 of 2021.
Owner
The record owner of real property in the Village.
Person
Any person, agent, firm, partnership, association, corporation, company, or entity responsible to install, repair, maintain, or operate an Irrigation System, including an Owner.
Smart Irrigation Controller (SIC)
EPA-certified "WaterSense," weather-based, Village-approved automatic lawn irrigation controller.
Smart Metering
The method by which the Village monitors the usage of Water via remote reporting meters.
Village
The Incorporated Village of Sands Point, including its duly authorized representative or appropriate administrative official.
Village Board
The Board of Trustees of the Village.
Village Irrigation Regulations
The technical and operational requirements for any Existing Irrigation System or New Irrigation System, to be maintained, installed, or operated in the Village, as published on the Village's website, or as directed by information on the Village's website.
Water
"Water," as used in this chapter, means water drawn from the Village's water supply system, including water provided through intermunicipal connection systems, and water that is drawn from an owner's on-premises well that is used for the purposes of irrigation.
B. 
When not inconsistent with the context, words used in the present tense include the future; words in the plural number include the singular number; and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
The provisions of this chapter shall apply to all persons using Water for irrigation.
A. 
A permit shall be obtained from the Village's Building Department prior to the installation of any New Irrigation System, or the alteration of, or addition to, an Existing Irrigation System, which permit shall be obtained by filing an application with the Village as required by the Village Irrigation Regulations.
B. 
Village Irrigation Regulations. All Existing Irrigation Systems and New Irrigation Systems shall conform to the provisions of the Village Irrigation Regulations. An Existing Irrigation System or New Irrigation System which does not conform to the Village Irrigation Regulations shall be discontinued, disconnected, or reclassified until such time that the Existing Irrigation System or New Irrigation System conforms to the Village Irrigation Regulations as verified by the Village.
C. 
(Reserved)
D. 
Regulation of private wells. The Village shall have the right to regulate the construction, use of, number, and fees related to private wells pursuant to Chapter 172 of the Village Code.
Nothing contained herein, or in the Village Irrigation Regulations, is intended to prohibit the Village Board from changing or otherwise limiting the hours that Irrigation Systems may be operated in the case of an emergency or to meet the demands for Water for any use.
A. 
Any action taken to bypass an Irrigation System Water service line, domestic Water service line, Water meter, or backflow preventer in violation of New York State and Nassau County Health Department regulations shall be reported to the Nassau County Health Department and shall be subject to such penalties provided by the Nassau County Health Department, the Village Code, the Village Irrigation Regulations, or other applicable laws. In such circumstances, the Village shall have the right to disconnect the service line to the Irrigation System pending compliance.
B. 
Any Owner, Person, ISO, lessee, or tenant of the property violating any of the provisions of this chapter, except § 101-5C, shall, upon conviction thereof, be subject to a fine not exceeding $20,000 for each violation, regardless of any convictions for prior violations.
C. 
Irrigation Systems shall only be used on days and times established in the Village Irrigation Regulations. Violations shall be subject to the following warnings or penalties:
(1) 
First violation: warning to cease and desist illegal operations.
(2) 
Second violation: turnoff of the service line to the Irrigation System; turn-on fee of $2,000.
(3) 
Third and subsequent violations: turnoff of the service line to the Irrigation System; turn-on fee of $10,000.
The Village may impose Water use limitations on individual Irrigation Systems to meet the annual Water pumpage limits placed on the Village by the New York State Department of Environmental Conservation in July 1986 and to conserve the Village's Water resources.
If a domestic or Irrigation water meter fails to register, the Owner shall be billed for the usage in gallons that was used during the prior years' billing period, as shown by the meter when it was in order.