[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]
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.
The terms set forth herein shall be defined for the purpose of this
Article, as follows:
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.
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 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:
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.
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.
The Incorporated Village of Great Neck Plaza.
Any water obtained from either:
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:
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:
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.
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.
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]
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]
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.
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.
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.
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.
