[Adopted 8-30-1994 as L.L.
No. 11-1994]
As used in this Article, the following terms shall have the meanings
indicated, except where the context demonstrates otherwise:
AUTHORITY
The Water Authority of Great Neck North.
IRRIGATION SYSTEM
One (1) 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.
PERSON
Any individual, firm, entity or other organization of any kind, including
municipal districts, municipal corporations and public authorities.
SENSOR
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.
A rain sensor shall be a type capable of detecting a minimum of one-eighth
(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.
B.
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.
VILLAGE
The Incorporated Village of Thomaston.
WATER
Any water obtained from the Authority, or from underground within
the Water Authority of Great Neck North District, or from underground otherwise
within the Village of Thomaston.
[Amended 6-26-1996 by L.L.
No. 9-1996]
A. 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. No irrigation system shall be used prior to April 15
or after November 1 in any calendar year.
C. 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:
(1) Premises with odd number addresses: Mondays, Wednesdays
and Fridays only.
(2) Premises with even number addresses: Sundays, Tuesdays
and Thursdays only.
(3) Premises with no address number, or multiple number addresses
including odd and even numbers: Sundays, Tuesdays and Thursdays only.
D. Irrigation by the odd/even day of the week.
(1) 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:
(a) Premises with odd number addresses, on odd number calendar
days.
(b) Premises with even number addresses, on even number calendar
days.
(c) Premises with no address number, or multiple number addresses
including odd and even numbers, on even number calendar days.
(2) Provided, however, that no irrigation system shall be
used on any premises more than three (3) days in any one (1) calendar week.
E. Exemptions.
(1) Any owner or occupant of premises who seeks an exemption as provided in Subsection
D hereof shall file with the Authority a signed, written application for such exemption, including the following:
(a) The address of the premises.
(b) The name of the manufacturer, model or other specific
identification of the control device, to the extent known.
(c) Permission for a representative of the Authority to perform such investigation as may be appropriate to ascertain and confirm whether the control device cannot be set to conform to the requirements of Subsection
C hereof.
(2) 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 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) 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.
[Adopted 12-12-1994 as L.L.
No. 15-1994]
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 has 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 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 in order to better
protect the water supply for residents of the village, whether such water
is supplied by the Water Authority of Great Neck North or any other supplier.
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 a
municipal corporation, a public benefit corporation, a district corporation
or the New York State Department of Environmental Conservation.