[HISTORY: Adopted by the Town Board of the Town of Islip 10-16-84. Amendments noted where applicable.]
A. 
It has come to the attention of the Town Board that watercraft are being used for strictly residential purposes on waterways within the Town of Islip. The proliferation of this type of use is expected to create significant environmental problems if the proliferation remains unchecked.
B. 
The Town Board recognizes that Great South Bay, its inlets and tributaries, is one of the primary recreation areas on Long Island. It is used for swimming, fishing and boating by many of the local residents and visitors. Furthermore, the bay is a major commercial resource, providing food and employment for the harvesters of fish and shellfish. It is well known that shellfish taken commercially from Great South Bay are distributed to all parts of the Eastern seaboard. The Town of Islip has expended large sums to develop and protect the harvestable clam stock.
C. 
The Town Board acknowledges its duty to protect the health, safety and welfare of its residents and visitors. The maintenance of high water quality is vital to the use of Great South Bay for recreational and commercial purposes. The avoidance of all uses and activities which could introduce pollution in these waters is of constant concern. The potential influx of vessels for residential purposes creates a substantial hazard to water quality on Great South Bay. The residential use of these vessels is contrary to the established character of Islip Town and will severely diminish the recreational and commercial use of Great South Bay.
D. 
The congregation of housebarges, and marinas catering to their use, will likely create problems, which include, in addition to water pollution, trash storage and removal, fire protection, police protection, emergency energy requirements during power failures, loss of mooring poles during winter months, drainage and sinking during storms, all being hazards which the local government must consider and provide for.
E. 
The residents of Islip are entitled to have these water resources protected from potential pollution. It is in their interest to restrict and/or prohibit long-term residential use on the waterways of the Town of Islip.
As used in this ordinance, the following words are intended to include and be defined as follows:
HOUSEBARGE
Any vessel or craft used or designed to be used on the water surface and to provide residential accommodations with sleeping and toilet facilities, whose volume coefficient is greater than two thousand five hundred (2,500) cubic feet. Volume coefficient is the ratio of the habitable space of a vessel measured in cubic feet to the draft of a vessel measured in feet of depth. Habitable space is any enclosed area used or designed to be used for a person to sleep, sit or eat.
MARINA
Upland property which is used as a dock or mooring base for more than one (1) vessel or craft not owned by the marina owner or his family.
The storage or use of housebarges is prohibited.
The lawful use of housebarges existing on August 21, 1984, may continue, subject to the following conditions and specifications:
A. 
Within six (6) months of the enactment of this ordinance, all housebarges shall be permanently connected to an upland septic system which complies with all laws and regulations for septic systems.
B. 
Within six (6) months of the enactment of this ordinance, all housebarges shall obtain a special permit for housebarges from the Department of Environmental Control/Bay Management, which permit shall be granted only upon compliance with Subsection A.
C. 
The special permit for housebarges may be revoked by the Commissioner of Environmental Control upon a showing that the permanent connection for a septic system is not connected.
D. 
As of August 21, 1989, all special permits for housebarges and all existing uses of housebarges shall terminate.
E. 
Any existing use which has been destroyed or damaged by fire, explosion or act of God to the extent of sixty percent (60%) or more of its fair market value shall be considered to be destroyed. Where more than forty percent (40%) of the fair market value remains, any existing use having a special permit for housebarges may be restored to the same existing use as it existed before such damage.
This ordinance shall not apply to commercial manufacturers of housebarges until overnight use of a housebarge commences.
A. 
Mooring, docking or storage of a housebarge at a marina is prohibited.
B. 
Overnight use of vessels on waterways at marinas located north of latitude 40° 40' is prohibited unless the marina is equipped with sanitary pumping facilities within five (5) miles of the overnight use and with toilet facilities within six hundred (600) feet walking distance of the overnight use. Overnight use of vessels on waterways at marinas located south of latitude 40° 40' is prohibited unless the marina is equipped with sanitary pumping facilities and with toilet facilities within six hundred (600) feet walking distance of the overnight use. This subsection shall be effective on or after July 1, 1986.
[Amended 4-1-86]
An offense against any of the provisions of this chapter shall be a violation and shall be punishable as follows: for each conviction, a fine of five hundred dollars ($500.).
This ordinance shall be effective immediately.