Village of Great Neck Plaza, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Great Neck Plaza: Art. I, 8-17-1994 as L.L. No. 9-1994; Art. II, 12-21-1994 as L.L. No. 11-1994. Amendments noted where applicable.]
GENERAL REFERENCES
Water authority franchise — See Ch. A232.
[Adopted 8-17-1994 as L.L. No. 9-1994]

§ 217-1 Findings.

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 further determined, for the same reasons, 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 throughout the entire village, including those areas served by the Manhasset-Lakeville Water District.

§ 217-2 Definitions.

The terms set forth herein shall be defined for the purpose of this Article, as follows:
IRRIGATION SYSTEM
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.
PERSON
Any individual, firm, partnership, association, corporation or other organization of any kind, including municipal districts, 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. 
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 rest 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 the measure designated by the Board of Trustees by resolution.
B. 
The moisture sensor shall be of a type capable of detecting the metric 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 Great Neck Plaza.
WATER
Any water obtained from either:
A. 
The Water Authority of Great Neck North;
B. 
The Manhasset-Lakeville Water Authority; or
C. 
Underground within the Water Authority of Great Neck North District or the Manhasset-Lakeville Water District.

§ 217-3 Applicability.

A. 
This Article shall apply to all persons using water in the Village of Great Neck Plaza regardless of whether or not such person using water shall have a contract in its own name for water service within the village.
B. 
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:
(1) 
The Water Authority of Great Neck North;
(2) 
The Manhasset-Lakeville Water District; or
(3) 
Underground within the Water Authority of Great Neck North District or the Manhasset-Lakeville Water District.

§ 217-4 Limitation of irrigation systems.

A. 
No irrigation system shall be used on or between such hours that this Board hereafter, from time to time, shall determine by resolution. Notice of the adoption of such resolution, or any amendments thereto, shall be published once in the official newspaper of the village.
B. 
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:
(1) 
Odd-number addresses: odd calendar days.
(2) 
Even-number addresses: even calendar days.
(3) 
No number or multiple numbers, including odd and even numbers: even calendar days.
C. 
Notwithstanding the foregoing, in no event shall any irrigation system be used on more than three days in any one period of seven days.

§ 217-5 Sensors required.

A. 
As of 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. 
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 Water Authority of Great Neck North or the Manhasset-Lakeville Water District, as applicable, 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.

§ 217-6 Penalties for offenses.

A. 
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.
B. 
Any person which violates any provision of this Article shall be punishable by a fine not to exceed $250 or by a period of imprisonment not to exceed 15 days, or both. 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 or to a period of imprisonment not to exceed 15 days, or both. 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 or to a period of imprisonment not to exceed 15 days, or both.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
C. 
Any judge who sentences a person for violating any provision of this Article, as a condition of probate or as a condition of discharge, pursuant to Penal Law § 65.10, may require that a defendant who has or uses a fixed, in place irrigation system modify such irrigation system by installing, at defendant's sole cost and expenses, a separate water line and water meter for such system.
[Adopted 12-21-1994 as L.L. No. 11-1994]

§ 217-7 Findings.

A. 
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 sources 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 previously operated by a private utility, are of statewide concern. By reason thereof, the State Legislature heretofore created the Water Authority of Great Neck North, with the purposes of protecting, preserving and enhancing the quality and quantity of the water within the supply area within its area and to serve as a model and leader for other water suppliers to better manage, conserve and protect the groundwaters within and outside its respective supply areas.
B. 
After investigating water conservation, regulation and management programs, the Water Authority of Great Neck North has recommended that all of the municipalities within, or partially within, its 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 saltwater 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.

§ 217-8 Unlawful acts.

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. However, notwithstanding the foregoing:
A. 
No permit for such activity shall be required where such activity is conducted by the Water Authority of Great Neck North, by the Manhasset-Lakeville Water District or by the New York State Department of Environmental Conservation; and
B. 
No permit shall be required with respect to any drilling, digging or tapping into an aquifer or other subsurface water source:
(1) 
If such drilling, digging or tapping initially occurred prior to the effective date of this Article.
(2) 
If such drilling, digging or tapping has taken place on a continuous basis for at least one year prior to the effective date of this Article.
(3) 
If the amount of water pumped as a result of such drilling, digging or tapping after the effective date of this Article does not exceed the amount pumped prior thereto.

§ 217-9 Permits.

A. 
When required, 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, and accompanied by the written consent of either the Water Authority of Great Neck North or the Manhasset-Lakeville Water District. Notwithstanding the foregoing, the Board of Trustees may grant such permit in an appropriate case without said written consent, upon a finding that the proposed activity will not have a substantial adverse affect 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.
B. 
Any such permit shall be 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 said conditions.

§ 217-10 Conflicts with other laws.

Any local law, ordinance or resolution of the Village of Great Neck Plaza in conflict with this Article is hereby repealed to the extent of such conflict, except that such repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of such local law, ordinance or resolution prior to the effective date of this Article.