[Amended 3-6-1984 by L.L. No. 4-1984]
The following terms, phrases, words and their
derivatives shall have the meanings given herein.
All subsurface water within the Town of Islip.
That land area immediately adjacent to, and which slopes
toward, the bed of a watercourse, and which is necessary to maintain
the integrity of a watercourse. For purposes of this local law, a
bank shall not be considered to extend more than 50 feet horizontally
from the mean high-water line.
That land area of a watercourse covered by water at a mean
high water.
The outer limit of vegetation specified by the definitions
of "freshwater wetlands" and "tidal marsh" below.
All lands and submerged lands bordering on or within the
Town boundaries which are covered by tidal waters permanently or intermittently
from normal or peak-lunar tides.
The Department of Planning and Development.
[Added 2-7-1989 by L.L. No. 1-1989]
The land and waters in the Town of Islip (including but not
limited to those lands and waters as shown on the Freshwater Wetlands
Map prepared by or for the State of New York and filed with the Suffolk
County Clerk, as such map may from time to time be amended) which
contain any or all of the following:
Lands and submerged lands, commonly called "marshes,"
"swamps," "sloughs," "bogs" and "flats," supporting aquatic or semiaquatic
vegetation of the following vegetative types:
Wetland trees which depend upon seasonal or
permanent flooding or sufficiently waterlogged soils to give them
a competitive advantage over other trees, including, among others,
red maple (Acer rubrum), willows (Salix spp.), swamp white oak (Quercus
bicolor), black gum (Nyssa sylvatica) and sweet gum (Liquidambar styraciflua).
Wetland shrubs which depend upon seasonal or
permanent flooding or sufficiently waterlogged soils to give them
a competitive advantage over other shrubs, including, among others,
alder (Alnus spp.), buttonbush (Cephalanthus occidentalis), pepperbush
(Clethra alnifolia), swamp honeysuckle (Rhododendron viscosum) and
spicebush (Lindera benzoin).
Emergent vegetation, including, among others,
cattails (Typha spp.), pickerelweed (Pontederia cordata), bulrushes
(Scirpus spp.), arrow arum (Peltandra virginica), arrowheads (Sagittaria
spp.), reed (Phragmites communis), wild rice (Zizania aquatica), bur
reeds (Sagittaria spp.), purple loosestrife (Lythrum salicaria), swamp
loosestrife (Decodon verticillatus) and water plantain (Alisma plantagoaquatica).
Rooted, floating leaved vegetation, including,
among others, water lily (Nymphaea odorata), water shield (Brasenia
schreberi) and spatterdock (Nuphar spp.).
Free-floating vegetation, including, among others,
duckweed (Lemna spp.), big duckweed (Spirodela polyrhiza) and watermeal
(Wolffia spp.).
Wet meadow vegetation which depends upon seasonal
or permanent flooding or sufficiently waterlogged soils to give them
a competitive advantage over other open land vegetation, including,
among others, sedges (Carex spp.), rushes (Juncus spp.), cattails
(Typha spp.), rice cutgrass (Leersia oryzoides), reed canary grass
(Phalaris arundinace), swamp loosestrife (Decodon verticillatus) and
spike rush (Eleocharis spp.).
Bog mat vegetation, including, among others,
sphagnum mosses (Sphagnum spp.), pitcher plant (Sarrancenia purpurea)
and cranberries (Vaccinium macrocarpon and Vaccinium oxycoccos).
Submergent vegetation, including, among others,
pondweeds (Potamoziton spp.), naiads (Najas spp.), bladderworts (Utricularia
spp.), wild celery (Vallisneria americana), coontail (Ceratophyllum
demersum), water milfoils (Myriophyllum spp.), muskgrass (Chara),
stonewort (Nitella spp.), waterweeds (Elodea spp.) and water smartweed
(Polygonum amphibium).
Lands and submerged lands containing remnants
of any vegetation that is not aquatic or semiaquatic that has died
because of wet conditions over a sufficiently long period, provided
that such wet conditions do not exceed a maximum seasonal water depth
of six feet, and provided further that such conditions can be expected
to persist indefinitely, barring human intervention.
Those tidal marshes and coastal wetlands regularly covered
and exposed by normal tidal water action; the area between mean low
water and mean high water, including the low marsh cordrass (Spartina
alterniflora).
Includes but is not limited to soil, sand, gravel, clay,
bog, peat, mud, debris and refuse or any other material, organic or
inorganic.
Approximate average highwater level for a given body of water
at a given location.
Approximate average low-water level for a given body of water
at a given location.
Use or activity, removal, deposition or construction operations,
or all of these.
All water bodies other than tidal waters, including freshwater
streams, marshes, swamps, bogs, vernal ponds, ponds and lakes.
Those excessively high tides or spring tides caused by lunar
gravitational phenomena.
Any person, firm, partnership, association, corporation,
company, organization or legal entity of any kind, including municipal
corporations, governmental agencies or subdivisions thereof.
To contribute directly or indirectly, intentionally or accidentally,
to such contamination, or other alteration of the physical, chemical
or biological properties, of the aquifer or any tidal waters or other
watercourses within the Town of Islip, including change in temperature,
taste, color, turbidity or odor of the waters, or such discharge of
any liquid, gaseous, solid, radioactive or other substance into any
waters of the Town as will or is likely to unreasonably interfere
with the comfortable enjoyment of life and property or to render such
waters harmful, detrimental or injurious to the public health, safety
or welfare, or to domestic, commercial, industrial, agricultural,
recreational or other legitimate beneficial uses, or to property,
plants, wildlife or other animal life, fish or other aquatic life.
Includes dig, dredge, suck, bulldoze, dragline or blast,
or in any manner disturb.
A watercourse, or portion thereof, within which or upon which
the flow of water is ordinarily confined due to existing topography,
including the bed and banks thereof, which shall be considered to
extend a minimum distance of 50 feet from the mean highwater mark.
Small ponds or lakes with a surface area at mean low-water level of
10 acres or less and located in the course of a "stream" shall be
considered part of the "stream."
Those coastal wetlands inundated by tidal waters from normal
tidal action and/or peak-lunar tides, exhibiting salt-marsh peat at
their undisturbed surface and upon which grows some or all of the
following indigenous vegetation: salt-meadow grass (Spartina patens),
spike-grass (Distichlie spicata), black grass (Juncus gerardi), cordgrass
(Spartina alterniflora), saltworts (Salicornia sp.), sea lavender
(Limonium carolinanus), sand spurrey (Spergularia marina), tall cordgrass
(Spartina pectinata), high-tide brush (Iva frutescens), ditch reed
(Phragmites communis), groundseltree (Baccharis halimifolia), cattails
(Typha augustifolia), spike rush (Eleocharis rostellata), chairmaker's
rush (Scirpus americanus), bent grass (Argostis polustria) and sweet
grass (Hierochloe odorata).
All waters bordering on or within the Town boundaries subject
to fluctuations in depth from storm, peak-lunar or normal tidal action
and shall include, but is not limited to, all brackish and saltwaters
of streams, ponds, canals, rivers, creeks, estuaries, bays, sounds
inlets and the ocean and may include certain freshwaters.
[Amended 2-7-1989 by L.L. No. 1-1989]
Those elevations established on contour maps of the United
States Coast and Geodetic Survey.
All lands at elevations above the most landward edge of the
tidal marsh and/or above peak-lunar tides or peak storm of record.
All water bodies other than tidal water, including freshwater
streams, marshes, swamps, bogs, vernal ponds, ponds and lakes.
