[HISTORY: Adopted by the Town Board of the
Town of Shelter Island 8-18-1995 by L.L. No. 4-1995;[1] amended in its entirety 2-13-2015 by L.L. No. 2-2015. Subsequent amendments
noted where applicable.]
[1]
Editor's Note: This local law also repealed
former Ch. 82, Lawn Sprinkling, adopted 10-28-1987 by L.L. No. 3-1987.
This chapter shall be known as the "Town of Shelter Island Irrigation
Regulations Local Law."
A.
Intent;
findings. The Town of Shelter Island has only one freshwater aquifer
from which to draw its groundwater, as it is cut off from fresh groundwater
inflow from adjacent areas of the east end of Long Island. Shelter
Island is low in topography, resulting in a shallow water table and
a thin groundwater reservoir. The freshwater lens is thinnest and
the groundwater most limited in coastal areas where the development
pressures are the greatest, but even water drawn from the central
part of the Town may potentially place strains on the shorefront systems.
Thus, the Town Board has determined that regulating the installation
of new irrigation systems on Shelter Island will protect the aquifer
and promote the health, safety and welfare of the entire community.
B.
A
consulting engineering firm which was retained by Suffolk County prepared
a Comprehensive Water Resources Management Plan (hereinafter "water
plan"), which was prepared and submitted on January 30, 1987. This
has been updated by a study prepared by Leggette, Brashears &
Graham, Inc., dated June 2014, and significant study by a citizen
irrigation committee studying the issues.
C.
The
Suffolk County Department of Health Services has prepared a groundwater
model for Shelter Island. Suffolk County says the report shows that
the freshwater lenses on the Ram Island, Montclair and West Neck peninsulas
are extremely limited and will be impacted by increased groundwater
withdrawals. Excessive pumping from inland areas can impact outlying
areas by inducing saltwater intrusion or upconing.
D.
The
water plans recommend that water conservation measures be encouraged,
including limitations on water consumption.
E.
The
first Comprehensive Plan for Shelter Island, which was adopted in
May 1994, emphasizes the need to protect our groundwater, which is
supplied by a sole source aquifer.
F.
Therefore,
the Town Board believes it is in the best interest of the Town of
Shelter Island, with respect to the sufficiency and quality of its
water supply, to regulate or limit the consumptive use of water throughout
the Town by regulating irrigation systems.
G.
The Town Board reserves the right to adjust or eliminate the irrigation
regulations as water conditions change.
This chapter is adopted as a local law pursuant to the authority
of the Municipal Home Rule Law.
As used in this chapter, the following terms, words and phrases
and their derivations shall have the meanings indicated:
A pressure vacuum breaker, double-check valve assembly or
a reduced pressure zone-type device acceptable for containment control
in accordance with the New York State Department of Health requirements.
A Building Inspector of the Town of Shelter Island or an
enforcement official designated by the Town Board.
Shall be the water captured into a cistern from impermeable
surface runoff as allowed by this Code.
For purposes of this chapter, a single or series of underground
or basement water storage tanks with collective minimum capacity of
8,000 gallons which is filled with water as specified in this chapter,
and which is used for outdoor irrigation purposes. The provisions
of this chapter do not apply to cisterns used for indoor domestic
purposes.
The quantity of water released into the atmosphere by the
process of evaporation, and the water incorporated into the vegetative
process and transpired by plants to the atmosphere.
The use of drip line with drip emitters to water vegetation.
A tract of land used and maintained for playing the game
of golf, whether publicly or privately owned.
Those turf irrigation systems which obtained a permit prior
to March 1, 1996.
The watering of property by one hand-held hose or one single
portable lawn sprinkler.
An irrigation system is a system for artificial application
of water to the land, soil or turf.
An area encompassing a defined number of sprinkler heads
or drip emitters that is designed and sized to maintain water pressure
and gallonage produced which is sufficient to properly operate the
irrigation system. Each zone is regulated individually by an irrigation
control clock.
A person or business meeting the standards established in § 82-5.
A main valve which can open or shut water distribution to
all irrigation zones.
A device to turn irrigation water on or off according to
the moisture levels in the soil.
The Near Shore and Peninsular Overlay Zone as defined in the Chapter 133 Zoning Code.
Any turf irrigation system other than a grandfathered irrigation
system.
The areas of Shelter Island that do not lie within the Near
Shore and Peninsular Overlay Zone.
Any person, firm, partnership, corporation or organization
of any kind holding legal title to real property in the Town of Shelter
Island.
A device located in an area that allows rainfall to come
in full contact with its parts and is designed to turn a system on
or off when moisture is present.
A device that controls the irrigation system and turns it
on and off at a desirable time and operates the system for a set period
of time.
The Town Board of Shelter Island.
Fresh water that is trucked in from an off-island source.
Turf shall mean those grasses which are regularly cut to
a level of six inches or less.
An irrigation system designed to automatically water turf
grass.
Any person, firm, partnership, corporation or organization
of any kind having the right to use or occupy real property in the
Town of Shelter Island.
A.
Irrigation
is only allowed if conducted in compliance with the provisions of
this chapter. All other forms of irrigation are prohibited.
B.
All persons using a turf irrigation system, whether grandfathered or cistern, or a drip irrigation system with the number of emitters specified in § 82-8, must obtain an initial Town irrigation permit for that system, which is issued for the period one year and is renewable annually.
[Amended 7-31-2015 by L.L. No. 7-2015]
C.
Applications
for initial irrigation system permits shall include a plan of the
turf irrigation system and cisterns (if applicable), based upon Suffolk
County Tax Map information or a land survey at a scale not less than
40 feet to the inch, with the following information:
(1)
The name of the owner and/or user of the real property and the name
of a resident contact person who has access to a valve that shuts
off the system (shutoff valve).
(2)
The Tax Map sheet or signed land survey showing the location of all
buildings thereon.
(3)
The proposed layout of the system, including the source(s) of water
supply, number of zones, number of irrigation heads, the type and
number of feet of drip or soaker hose, make and model number of clock
controller, the location of the master control valve, rain sensor
and moisture sensor, and, when connected to a public water supply
system, the location of the backflow prevention device.
(4)
A certification by a licensed irrigation contractor that the system
meets the Town code and a calculation showing the irrigation system's
estimated water consumption per operational cycle of all zones.
(5)
If applicable, proof of filling the cistern in the prior year with
trucked-in water itemizing the dates and gallons delivered, which
proof can be requested by the Building Department at any time.
(6)
A cistern must comply with the same setbacks as an underground fuel
tank.
(7)
An application form with an application fee in an amount established
from time to time by the Town Board.
D.
Prior to issuance of a turf irrigation permit, all systems must meet
the following minimum standards:
(1)
A programmable time clock for control of the irrigation system valves.
Only time clocks which have the following capabilities shall be used:
(a)
An adjustable clock monitor for starting and stopping the water
cycle at any hour of the day or night.
(b)
A calendar program which allows automatic watering cycles on
any day, or on alternate days, or on every third day, on a repeating
basis.
(c)
An override circuitry which can be set to prevent the automatic
water cycle from starting when watering is not required per the rain
sensor.
(d)
Operational settings and programming of the time clock controller,
readily accessible on its face.
(2)
Moisture sensors and rain sensors for overriding the operation of
the irrigation system when it is raining or soil moisture is sufficient,
in accordance with this chapter, and with a master control valve.
(3)
A shutoff valve, which can be operated automatically or manually.
(4)
If connected to a public water supply system, the system shall have
an approved backflow prevention device.
(5)
A master control valve for multi-zone systems.
(6)
A master battery backup to keep the system settings during power
outages.
E.
Annual renewal turf irrigation permits. Applications for renewal
turf irrigation permits shall include the following:
(1)
A certification by an irrigation contractor licensed by the Town
that the turf irrigation system is operating to maximal efficiency
with the above-described components present and operational; and
(2)
If applicable, proof of filling the cistern in the prior year with
trucked-in water itemizing the dates and gallons delivered, which
proof can be requested by the Building Department at any time. Failure
to provide proof when requested shall be grounds for denial of the
permit.
(3)
Turf irrigation systems in the Near Shore and Peninsular Overlay
Zone which draw on the aquifer shall include a copy of a chloride
test of the irrigation system water pursuant to a sample taken in
the previous 60 days. The Town reserves the right to deny a permit
if the above test shows chlorides exceed 125 mg/l.
(4)
A permit fee in the amount established, from time to time, by resolution
of the Town Board.
F.
Any person signing the above permit certifications shall be a licensed
irrigation contractor.
G.
The Building Inspector may suspend an irrigation permit for up to
90 days as a consequence of an irrigation violation.
A.
This
section applies only to grandfathered turf irrigation systems.
B.
Such
systems are not required to be fed by cistern, but are required to
obtain and hold a current irrigation permit.
C.
A
grandfathered turf irrigation system may be replaced partially or
entirely within the existing irrigated area, so long as the replacement
improves the efficiency of the system.
D.
A
grandfathered turf irrigation system may not expand the area of irrigation
beyond that area which was covered by the pre-1997 permit.
E.
The
grandfathered turf irrigation system shall be converted to operation
with cisterns pursuant to the rules of new turf systems under the
following circumstances:
A.
An
owner may obtain a new turf irrigation system permit from the Building
Department only if the system is connected to an underground cistern,
with a capacity of at least 8,000 gallons.
B.
C.
Any new turf irrigation system that is filled with captured water
from impermeable surfaces must include an overflow valve feeding to
a drywell sized to accept excess runoff when the cistern is full,
pursuant to calculations submitted by the homeowner's architect
or engineer.
A.
Drip
irrigation systems shall only be used for non-turf irrigation, or
turf irrigation for areas not exceeding 3,000 square feet.
B.
All drip irrigation systems shall meet the following minimum requirements:
(1)
The drip system shall not emit more than one gallon per hour per
emitter/lineal foot with a maximum 1,500 emitters; and
(2)
The drip system must be on a timer; and
(3)
The drip system shall be programmed for no more than one hour for
any three-day period, per zone; and
(4)
The drip system shall be covered with mulch to reduce evaporation.
C.
In the Non-Near Shore Zone, only a drip irrigation system with over
1,500 emitters will require an irrigation permit.
[Amended 7-31-2015 by L.L. No. 7-2015]
D.
In the Near Shore Zone, only a drip system with over 250 emitters
shall require an irrigation permit and shall meet the following additional
standards:
[Added 7-31-2015 by L.L.
No. 7-2015]
(1)
Shall be equipped with a master valve, time clock and moisture sensor;
and
(2)
Shall be fed only from a cistern as described for turf irrigation
systems, except that if an owner can establish that the drip system
uses less water than the grandfathered irrigation system it is replacing,
the owner may obtain a permit to convert to that drip system without
a cistern.
A.
Operation
of turf irrigation systems shall be restricted as follows:
(1)
No irrigation system zone shall operate more frequently than every
third day and only during the hours between 5:00 p.m. and 9:00 a.m.
(2)
Irrigation zones may be watered up to 30 minutes per zone cycle for
no more than one inch water per week, within the time specified above.
[Amended 7-31-2015 by L.L. No. 7-2015]
(3)
Irrigation is allowed to establish new lawns or portions of lawns
for a period of 30 days after planting, and may occur between 9:00
a.m. and 5:00 p.m. to allow the seed to germinate.
(4)
Irrigation is allowed to establish new plantings for a period of
150 days, only between 5:00 p.m. and 9:00 a.m.
B.
Operation
of drip irrigation systems shall be as follows:
(1)
No more than one hour per three-day period per zone.
C.
To
the extent possible, water delivery trucks should park off the roadway
when filling cisterns.
A.
All the exemptions below are subject to being suspended during a
water emergency declared by the Town Board.
B.
This chapter is applicable to all property in the Town of Shelter
Island, excluding property within the Village of Dering Harbor.
C.
Golf course tees and greens, irrigated fairways existing as of 2003
shall be exempt from the requirements of this chapter.
D.
Land used in agricultural production shall be exempt from the requirements
of this chapter.
E.
Nurseries and garden centers are exempt from the requirements of
this chapter except that they may not irrigate their stock between
10:00 a.m. and 3:00 p.m.
A.
It shall be the duty of the Building Inspector to administer and
the duty of the Building Inspector and the Shelter Island Police Department
to enforce the provisions of this chapter.
B.
Notice; penalties.
(1)
Whenever the Building Inspector or the Police Department has reasonable
grounds to believe that any irrigation system regulated under this
chapter is being operated on any real property in violation thereof,
he or the Police Department shall either notify the owner/user of
such real property in writing, by delivering such notice personally
or by posting such notice in a conspicuous place on any structure
on the premises and sending a copy of the same by registered mail
to the address appearing on the real property tax roll or the resident
contact person; or shall serve a summons personally upon said owner
and/or user.
(2)
An offense against any provision of this chapter shall be deemed
a violation under the Penal Law of the State of New York, punishable
by a fine not to exceed $1,000 and/or five days in jail and revocation
of any permit issued hereunder. Each day such violation continues
shall be deemed a separate violation.
The Town Board shall determine that emergency conditions exist,
potentially creating a shortage of the normal water supply either
throughout the Town or in any particular area, the Town Board may
prescribe rules for the future regulation and restriction of the use
of irrigation systems and other consumptive water uses, and such rules
shall have the force and effect of a local law duly adopted.
In the event that any portion of this chapter is found by a
court of competent jurisdiction to be invalid, such decision shall
not affect the validity of the remaining portions of this chapter.
This Local Law shall take effect immediately upon filing with
the Secretary of State.
