[Amended 11-4-2019]
Pursuant to C.G.S. § 22a-113m, the
Town of Guilford hereby adopts and approves the restated Harbor Management
Plan dated December 3, 2012, as proposed by the Harbor Management
Commission, reviewed by the U.S. Army Corps of Engineers, and approved
by the State Department of Energy and Environmental Protection as
of December 20, 2011. The restated Harbor Management Plan shall become
effective as of August 9, 2013. A copy of the Plan shall be kept on
file at the Town Clerk's office. The Plan is amended by a first amendment
dated July 15, 2019, approved in accordance with C.G.S. § 22a-113m,
with an effective date of December 13, 2019, which amendment is on
file in the Town Clerk’s office.
The Harbor Management Commission shall have jurisdiction over
the area located within the territorial limits of Guilford and below
the mean high water mark from Hoadley Point at the west to Hogshead
Point to the east, and includes the harbor sector. (Said area is collectively
referred to as the "Harbor Management Area.") The harbor sector, as
defined in the Plan, lies between Hogshead Point on the east and Tuttles
Point on the west, and extends east-southeasterly to Bell No. 4 at
Netties Reef at the entrance of the Federal Channel, and into the
inner harbor. The Harbor Management Commission may also review and
make recommendations, consistent with the Harbor Management Plan,
on any proposal affecting real property on, in, or contiguous to the
Harbor Management Area received by any municipal board or commission
listed in C.G.S. § 22a-113p.
Any proposal affecting the real property on,
in or contiguous to the Harbor Management Area that is received by
any municipal board or commission listed in C.G.S. § 22a-113p
shall be referred to the Harbor Management Commission to determine
the consistency of such proposal with the Harbor Management Plan,
in accordance with the requirements of such statute.
[Amended 11-4-2019]
The Town Harbormaster is appointed by the Governor in accordance
with the provisions of C.G.S. § 15-1. The Harbormaster is
responsible for the general care and supervision of the Harbor Management
Area in accordance with the authority granted, subject to the supervision
of the Connecticut Department of Energy and Environmental Protection.
The Harbormaster shall exercise his/her duties in a manner consistent
with the Harbor Management Plan.
There shall be a Harbor Management Fund created to receive and
expend moneys for harbor management purposes as determined by the
Harbor Management Commission. All revenues generated by mooring permit
fees, permit review fees and municipal fines levied for violations
of the Harbor Management Plan shall be deposited into the Fund. Funds
shall be disbursed for purposes directly associated with the management
of the Harbor Management Area and implementation of the Harbor Management
Plan. The Harbor Management Fund shall be budgeted and administered
in a manner consistent with the procedures contained in the Town Charter
and C.G.S. § 22a-113s.
Any person issued a municipal citation pursuant to §
48-10 shall be entitled to a hearing to contest the citation. The Town hereby specifically adopts the provisions of C.G.S. § 7-152c for the establishment of a citation hearing process to contest citations issued pursuant to this chapter. The procedures for notice, hearing, disposition, appeal and enforcement shall be as set forth in C.G.S. § 7-152c. The citation hearing process shall not apply to those violations which are otherwise governed by state statute.
Should any provisions of this chapter be found with finality
by a court of competent jurisdiction to be prohibited by the Connecticut
General Statutes, the provisions of such statutes shall prevail. If
any provision of this chapter is found to be invalid or unlawful,
the remainder of the chapter shall remain in full force and effect
as if such portion found to be invalid or unlawful were not originally
part of this chapter.