[HISTORY: Adopted by the Board of Trustees of the Village of Great Neck as indicated in article histories. Amendments noted where applicable.]
Water sources — See Ch. 549.
[Adopted 11-1-1994 by L.L. No. 8-1994 (Ch. 207, Art. I of the 1976 Code)]
The 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 and 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 in 1985, were of such statewide concern that the State Legislature created the Water Authority of Great Neck North. It was the hope of the State Legislature that said Authority would not only protect, preserve and enhance the quality and quantity of the water within its supply area, but that it would also serve as a model and as a leader of 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 Water Authority of Great Neck North District adopt the following water conservation regulations. This Board has determined that it would be in the best interest of the health, safety and welfare of the inhabitants of the Village to adopt said water conservation regulations.
The terms set forth herein shall be defined, for the purpose of this article, as follows:
- The Water Authority of Great Neck North.
- AUTOMATIC IRRIGATION SYSTEM
- An irrigation system with any type of device which automatically turns the system on and/or off.
- IRRIGATION SYSTEM
- Any tube, pipe or hose, 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, except for the watering of tennis courts.
- Any individual, firm, partnership, association, corporation or other organization of any kind, including municipal districts, corporations and public authorities.
- A rain or soil moisture sensor capable of interrupting the operation of an automatic irrigation system when watering is not required by virtue of rain or soil moisture, as determined by the sensor, in accordance with the following criteria or, in the alternative, such other criteria as may be recommended by the authority and approved by the Village Building Inspector:
- A. The rain "sensor" shall be of a type capable of detecting a minimum of 1/8 inch of rainfall and automatically interrupting and preventing the irrigation system from operating. It 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 "sensor" shall be set to interrupt and prevent the irrigation system from operating at a measure of rainfall no greater than 1/4 inches.
- B. The moisture "sensor" shall be of a type capable of detecting the moisture content of the soil in which it is used and automatically interrupting and preventing the irrigation system from operating when the moisture content of the soil reaches a preset level.
- The Incorporated Village of Great Neck.
- Any water obtained from either the Authority or an underground source within the Water Authority of Great Neck North District.
This article shall apply to all persons using water in the Village regardless of whether or not such person using water shall have a contract in its own name for water service within the Village.
In any prosecution of 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 an underground source within the Water Authority of Great Neck North District.
No irrigation system shall be used except on the days and between the hours authorized by resolution of the Board of Trustees of the Village.
[Amended 8-20-1996 by L.L. No. 9-1996]
No irrigation system shall be used on any day except the days indicated below, depending upon the number address of the premises where the irrigation system is located:
Notwithstanding the foregoing, in no event shall any irrigation system be used on more than three days in any one calendar week.
As of April 15, 1995, no person shall use an automatic irrigation system in the Village unless such automatic irrigation system is controlled by a properly working sensor.
In the event that the Village has reasonable cause to believe that an automatic irrigation system is not controlled by a properly working sensor, notice by registered or certified mail, return receipt requested, shall be given to the owner and/or tenant of the premises where such automatic 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, tenant and/or person under whose name the account is listed submit a certification, in a form supplied by the Village, that the automatic irrigation system on the premises is controlled by a properly working sensor. The failure of such owner, tenant and/or person under whose name the account is listed to submit the required certification within 15 days of the mailing of said notice shall be a violation of this article. A false statement in such certification shall be punishable as provided in the Penal Law for a false statement made under oath.
It shall be unlawful for any person which owns, leases or uses any premises in the Village to allow, tolerate or permit any violation of this article on such premises.
Any person which violates any provision of this article shall be punishable by a fine not to exceed $250. Each violation of each provision of this article shall be deemed a separate offense and each such offense subject to a maximum fine of $250. Each day that a violation of the same provision of this article continues shall be deemed a separate offense and each such offense subject to a maximum fine of $250.
Any judge who sentences a person for violating any provision of this article, as a condition of probation or as a condition of discharge, pursuant to Penal Law § 65.10, or a reduction of a fine which would otherwise be imposed, may require that a defendant who has or uses a fixed, in place, irrigation system modify such irrigation system by installing, at the defendant's sole cost and expense, a water sensor and/or a separate water line and water meter for such system.
[Adopted 2-19-2002 by L.L. No. 4-2002 (Ch. 207, Art. II of the 1976 Code)]
Recently, various long-term problems with private water service lines have come before the Village. Those problems have dealt with shared private water service lines to the Water Authority of Great Neck North's water mains; lead water service lines; and undersized water service lines. This Board finds that shared private water service lines often lead to a lack of maintenance because of the problems of responsibility and sharing of costs; lead water service lines provide the potential of lead contamination leaching into the potable water supply; and undersized water service lines result in complaints by subsequent homeowners. This legislation is intended to remedy those problems in a feasible manner as new services are being provided or old services are being repaired.
As used in this article, the following terms shall have the meanings, indicated:
- The Water Authority of Great Neck North.
- BUILDING INSPECTOR
- The Building Inspector of the Village of Great Neck.
- PRIVATE WATER SERVICES
- The pipes on private property which transport potable water from the public water mains to the buildings, fire suppression systems, irrigation systems, or other facilities or systems on private property.
- PUBLIC WATER MAINS
- The water mains owned by the Authority which transport potable water from the public roads and other rights-of-way.
- SUBSTANTIALLY REPAIR
- Any repair to a private water service which, in combination with any other repairs to such water service within any twenty-four-month period, is in excess of $3,000 in cost and/or constitutes a repair or replacement of more than 25% of the water service.
No new building, whether residential or commercial, shall be issued a certificate of occupancy unless it has a separate dedicated private water service.
It is prohibited to install or substantially repair any private water service to an existing principal building if such private water service is providing, or is designed to provide, water to more than one building.
No new private water service shall be used to provide water to a building and for any other purpose, such as, but not limited to, fire suppression or irrigation, without the prior approval of the Building Inspector and the Authority.
All new and substantially repaired private water services shall be of a material composition and diameter to properly satisfy the water demand for the proposed use, as calculated and certified to the Building Inspector by a professional engineer. In no event shall any private water service be less than one inch in diameter.
All private water service connections and material shall be in accordance with all applicable New York State, Nassau County, and Authority regulations.
No certificate of occupancy or certificate of completion shall be issued with regard to any construction involving a new or substantially repaired private water service unless the private water service has been inspected after construction, in place, and prior to its being covered with fill, and thereafter approved in writing, by both the Building Inspector and the Authority.