[Adopted 10-26-1988]
The Town of Clinton wishes to protect its marine
historic resources and sensitive natural resource areas found along
its harbor and in near-shore coastal waters; to provide greater opportunities
for water-based recreational activities; to maintain and enhance navigational
facilities for the benefit of all harbor users; and to allocate land
and water resources in an economically and environmentally sound manner.
Pursuant to the authority granted by Chapter
444A of the Connecticut General Statutes (§§ 22a-113k
through 22a-113t), as amended, there is hereby created a Harbor Management
Commission with all of the powers and duties specified in said Chapter
444A for the Town of Clinton.
A.
The Harbor Management Commission shall consist of
seven members who must be electors of the Town of Clinton. The provisions
of C.G.S. § 9-167a shall apply. These members shall be appointed
by the Board of Selectmen.
B.
The First Selectman, or such other Selectman as he
may appoint, and the Harbormaster shall serve as ex officio members
of the Commission, without vote.
C.
A member of the Harbor Management Commission shall
not receive compensation for service but may be reimbursed for any
necessary expenses, but such provision shall not apply to the First
Selectman, or such Selectman as he has appointed, and the Harbormaster.
A.
Within 15 days after the effective date of this article,
the Board of Selectmen shall appoint four members to serve for a term
ending on the first Monday of January 1990 and three members to serve
for a term ending on the first Monday of January 1992. Thereafter,
the terms of members shall run for four years. Members shall continue
to serve until their successors are appointed and duly qualified.
B.
If a member resigns or is removed for any reason before
his or her term expires, a replacement shall be appointed by the Board
of Selectmen to complete that term.
Upon the appointment of a Commission under this
article, the Commission shall hold an organizational meeting at which
it shall elect a Chairperson and Secretary and such other officers
as it may desire to serve until the following January. During the
month of January and annually thereafter, the Commission shall elect
a Chairperson and Secretary and such other officers as it may desire
for a one-year term and until their successors are duly qualified.
The Commission can form subcommittees to address specific duties of
the Commission.
The Harbor Management Commission shall have
jurisdiction within the area located in or contiguous to all tidal
waters which are within the territorial limits of the Town of Clinton
and are below the mean high-water line, bounded by the projection
of the boundary line of neighboring towns.
A.
The purpose of the Harbor Management Commission shall
be to prepare a harbor management plan for the harbor in accordance
with C.G.S. §§ 22a-113m through 22a-113o. The Commission
may hire staff and consultants for the preparation of a plan and to
assist with any subsequent powers, duties and responsibilities, subject
to the appropriation of funds for this purpose by the Town of Clinton.
B.
Upon adoption of the plan the Commission shall provide
for the annual review of the harbor management plan and shall make
any additions and/or modifications to the plan that may be deemed
appropriate subject to the process set forth in C.G.S. §§ 22a-113m
through 22a-113o or other subsequent harbor management legislation
enacted by the General Assembly.
C.
In addition, the Commission shall have and may exercise
the following powers, duties and responsibilities:
(1)
To supervise the use of the navigable waters of the
Town of Clinton and the mooring, docking, landing and other facilities
appurtenant to navigation, to the extent of the Town's authority therein;
(2)
To recommend to the Board of Selectmen rules and fees
relating to the use of Town mooring, docking, landing, and other facilities
appurtenant to navigation;
(3)
To recommend to the Board of Selectmen ordinances
which implement the harbor management plan, which may specify fines
for violations of those ordinances, in accordance with C.G.S. § 22a-113n;
(4)
To assist the Harbormaster and/or the Dock Master
in the assignment of any moorings and in the management of mooring
and anchorage areas within his jurisdiction;
(5)
To prepare an operating budget for the Commission
for submission to the Board of Selectmen and Board of Finance, in
accordance with the Town Charter;
(6)
To assist in the coordination of all public and private
agencies, commissions and other organizations which have interest
or jurisdiction within the harbor area;
(7)
To review for consistency with the harbor management
plan any public notice of an application for a local, state or federal
permit for an activity taking place within the Commission's jurisdiction
as described in this article and to respond with recommendations to
the regulating agencies;
(8)
To conduct or cause to be conducted studies of the
conditions and operations in and adjacent to Clinton waters and to
present to the Board of Selectmen proposals for the harbor's efficient
operation; and
(9)
To request, when appropriate, a general permit from
the United States Army Corps of Engineers and/or delegation of state
enforcement authority pursuant to C.G.S. § 22a-2a.
A.
Pursuant to C.G.S. § 22a-113p, the Harbor
Management Commission shall review and make recommendations, consistent
with the adopted harbor management plan, on any proposal affecting
the real property on, in or contiguous to the harbor submitted to
the Planning and Zoning Commission, Zoning Board of Appeals, Water
Pollution Control Authority, or Shellfish Commission. The Harbor Management
Commission shall be notified in writing of any such proposal at least
35 days prior to the commencement of the hearing thereon or, where
no hearing is held, at least 35 days prior to the taking of any final
action on the proposal. Such primary reviewing agency shall send a
copy of the proposal or application to the Commission upon request
of the Commission.
B.
The primary reviewing agency authorized to act on
the proposal shall consider the recommendations of the Harbor Management
Commission. A two-thirds vote of all the members of said agency having
authority to act on the proposal shall be required to approve a proposal
which has not received a favorable recommendation from the Commission,
provided that the provisions of this section shall not be deemed to
alter the authority of the agency having primary jurisdiction over
the proposal to deny, modify or condition the proposal. Failure of
the Commission to submit a recommendation on or before the date of
the hearing or action on such a proposal shall be deemed an approval.
[Added 8-9-1995]
The provisions of this article, as amended,
shall be applicable and shall govern the use of harbor waters and
facilities under the jurisdiction of the Town of Clinton Harbor Management
Commission.
[Added 8-9-1995]
The Town of Clinton has, pursuant to an ordinance
adopting a certain harbor management plan titled "The Management Plan
for Clinton Harbor," adopted certain regulations governing the use
of harbor waters and facilities. All new regulations, and any amendments
to such regulations previously adopted, shall be adopted by ordinance.
The Harbor Management Commission shall have the authority to propose
regulations governing the use of harbor waters and facilities in accordance
with C.G.S. § 22a-113m of the Harbor Management Act. Said
regulations shall be reviewed by all appropriate jurisdictions prior
to their being forwarded to the Board of Selectmen, which shall consider
and act upon said proposals as ordinances in the manner set forth
in the Town Charter.
[Added 8-9-1995]
The Harbormaster or duly designated Deputy Harbormaster shall have the authority to carry out harbor management directives and enforce all provisions of the harbor management plan, including the authority to issue citations by way of warnings and impose fines for violations pursuant to § 24-39 of this article. The Harbor Management Commission shall be responsible for the administration of the harbor management plan and may review and make recommendations to the appropriate jurisdictional entities regarding all applications for permits or approvals for all floats, structures, and other marine facilities within harbors under its jurisdiction in accordance with C.G.S. § 22a-113p of the Harbor Management Act. The Harbor Management Commission shall also submit recommendations to the Department of Environmental Protection (DEP) and the United States Army Corps of Engineers as well.
[Added 8-9-1995; amended 8-5-2009]
Any violation of this article or any regulations
in the harbor management plan or any subsequent regulations adopted
by ordinance shall be a municipal infraction and is punishable by
a fine not to exceed $100 which shall be imposed for each violation
hereunder as provided under C.G.S. § 7-148(c)(10); provided,
however, that the violator has first been issued a written warning
for said violation. Each day of violation shall be considered a separate
offense and subject to separate citations. A fine not to exceed $100
shall be imposed for each offense. Nothing in this section shall preclude
the imposition by other jurisdictional authorities of a greater penalty
as provided for under federal statutes or the laws of the State of
Connecticut.
[Added 8-9-1995; amended 8-5-2009]
Pursuant to C.G.S. § 22a-133t, a Harbor
Management Fund is hereby created to receive for deposit moneys for
harbor management purposes as set forth in said statute.
[Added 8-9-1995]
Proposed uses, structures, and activities within
the harbor shall be consistent with the adopted Water Use Plan Maps.
The Water Use Plan Maps may be amended by the Harbor Management Commission
in accordance with the procedure for harbor management plan modifications
in the Connecticut Harbor Management Act, C.G.S. § 22a-113m.
