[HISTORY: Adopted by the City of Norwalk Common Council:
Art. I, 11-10-1992; Art. II, 11-24-1992. Amendments noted where applicable.]
[Adopted 11-10-1992]
A.
In order to provide for adequate access for recreational and commercial
vessels, for the safety of persons and property and for the optimum
use of Norwalk Harbor 2, the Norwalk Harbormaster must approve the
location of all moorings, including individual-private moorings and
commercial moorings, as defined by the United States Army Corps of
Engineers and the Connecticut Department of Environmental Protection,
within Norwalk Harbor. The Harbormaster shall issue a permit for each
approved mooring location or area.
B.
It shall be a violation of the Norwalk Code for any person to place
any individual-private or commercial mooring in Norwalk Harbor without
a permit from the Harbormaster.
C.
The location of all commercial moorings must be approved by the Department
of Environmental Protection and the Corps of Engineers. Permits issued
by the Harbormaster for these commercial moorings shall be issued
in coordination with commercial mooring permits issued by the Department
of Environmental Protection and the United States Army Corps of Engineers.
This Article is prepared and adopted in accordance with § 69-22 of the Norwalk Code and Sections 22a-113k through 22a-113t of the Connecticut General Statutes and in furtherance of the provisions of the Norwalk Harbor Management Plan as adopted by the City of Norwalk and approved by the State of Connecticut. In those instances where there may be conflicts between this Article and the provisions of the Harbor Management Plan, these rules and regulations shall take precedence.
For the purpose of this Article, the following terms shall have
the meanings indicated:
That part of Norwalk Harbor consisting of the inner and outer
harbors subject to the jurisdiction of the Norwalk Harbor Management
Commission as defined in the Harbor Management Plan. Excluded from
this definition is the Five Mile River Harbor which is under the jurisdiction
of the Five Mile River Commission.
A.
The Harbormaster shall keep a detailed record of each mooring, its
location and the owner's name, home address, evening and daytime
telephone numbers, the date the mooring was set and the name, length,
registration number or documentation and type of vessel to be attached
thereto.
B.
The information shall be maintained in such a manner that information
can easily be obtained with regard to any individual mooring, vessel
or owner and also with regard to all moorings within a particular
harbor location.
C.
The Harbormaster shall maintain in the Norwalk City Hall a waiting
list for mooring space in Norwalk Harbor, as necessary, and a list
of current assignments of mooring spaces, and both lists shall be
updated annually.
A.
In allocating mooring locations, the Harbormaster shall give first
priority to those persons applying for the renewal of permits granted
in the preceding year, second priority to relocation requests in order
of application and third priority to new applicants in order of application.
B.
In allocating mooring locations, the Harbormaster shall, to the extent
possible, assign priority for mooring allocations to riparian or littoral
property owners who apply for moorings offshore of their property.
When considering the assignment of mooring locations to riparian or
littoral property owners, the Harbormaster may limit the priority
granted to owners who have established or are planning to establish
docks, piers or other structures providing access to navigable water.
C.
In allocating mooring locations, the Harbormaster shall, to the extent
possible, assign priority for mooring locations to licensed commercial
fishermen. Up to 10% of the available mooring space in mooring areas
not designated as commercial mooring areas in permits issued by the
United States Army Corps of Engineers and Connecticut Department of
Environmental Protection may be reserved for the use of licensed commercial
fishermen.
D.
In allocating mooring locations, the Harbormaster shall give consideration
to size, draft, type and use of vessels.
E.
In allocating mooring locations in accordance with this Article,
the Harbormaster shall not discriminate on the basis of city residence
or any other factor.
F.
Mooring permits shall be issued by the Harbormaster only to those
applicants owning a vessel properly registered in accordance with
the laws of the State of Connecticut.
G.
Within the limits of size and type of vessels, available mooring
locations shall be offered to the senior applicant on the mooring
waiting list, subject to the requirements of this Article. If an available
mooring location is not suitable to accommodate the senior applicant's
vessel or specific needs, it shall be offered to the next senior qualified
applicant. The senior applicant shall retain his place on the waiting
list in this case. The Harbormaster shall continue efforts to provide
a suitable mooring for the senior applicant. If the senior applicant
refuses a mooring which is suitable for his or her vessel in the opinion
of the Harbormaster, that applicant shall be moved to the bottom of
the waiting list. In order to obtain the most effective utilization
of existing mooring facilities, lists of applicants shall be maintained
to include date of application and type or size of vessel. These lists
will be available for public inspection at the Norwalk City Hall.
H.
In the interest of ensuring safe, efficient and equitable use of
Norwalk Harbor, the Harbormaster may, at his discretion, limit the
number of mooring locations that can be assigned to any one individual,
household, corporation or other group. Only one mooring space shall
be allocated to any one vessel.
A.
Any person, association, corporation or other group may apply for
a mooring permit by completing in full the application provided for
that purpose and submitting the completed application to the Harbormaster
at any time.
B.
The Harbormaster shall make use of a mooring permit application form
that allows for the collection of information on the vessel and the
vessel's owner/operator as requested by the Connecticut Department
of Transportation as well as any additional information considered
necessary by the Harbormaster and the Harbor Management Commission.
C.
If the mooring permit application is approved, the Harbormaster shall
send a copy of the approved permit to the applicant, and one copy
shall be retained for the Harbormaster's records.
In accordance with state regulations, all mooring permits shall
be valid for a period not to exceed one year, unless renewed in accordance
with the provisions of this Article. All mooring permits shall expire
on the 31st day of December following the date of issuance.
A.
All mooring permits shall expire on December 31 and should be renewed
by January 31 of the following calendar year. A grace period lasting
until the last calendar day of February is allowed. After this grace
period, applications received for renewal of mooring permits shall
be treated in the same manner as new applications. At least 30 days
before the January 31 renewal date, notice of such date shall be published
in a newspaper having circulation in the city.
B.
The Harbormaster shall be responsible for administration of all mooring
permit renewals.
C.
For vessels located in a controlled mooring field of at least 50
vessels subject to valid federal and state commercial mooring permits
and/or operated under common management, a preliminary mooring list
must be submitted by March 31. This list must be accompanied by a
fee equal to 1/2 the amount of the prior year's total fee for
the entire mooring field. The final mooring list with all information
necessary to complete an application for each vessel in the field
shall be submitted by April 30 with the balance of the fees due.
[Added 11-9-1993]
A.
Any person, association, corporation or other group receiving a new
or renewed permit for a mooring location in Norwalk Harbor shall pay
an appropriate annual fee as established by the Norwalk Common Council
from time to time as authorized by Section 22a-113s of the Connecticut
General Statutes.
B.
When the Harbormaster determines that a suitable mooring location
exists for an applicant for a new or renewed mooring permit, the applicant
will be notified and must pay the appropriate annual fee, payable
to the City of Norwalk before the permit shall be issued. This fee
shall be nonrefundable.
C.
All fees collected pursuant to this section shall be deposited into
the Norwalk Harbor Management Fund, as authorized by Section 22a-113s
of the Connecticut General Statutes, and used exclusively for the
maintenance and improvement of Norwalk Harbor for the public and for
expenses for personnel and equipment directly related to the function
of the Harbor Management Commission and the Harbormaster or Deputy
Harbormaster. Any funds expended pursuant to this section shall follow
procurement guidelines for the City of Norwalk.
A.
Mooring permits shall not be transferable. Whenever the holder of
a mooring permit transfers the title or interest in or otherwise parts
with possession of the vessel identified in the mooring permit to
another person by any arrangement whatsoever, the new vessel possessor,
transferee or owner shall have no vested right to use the mooring
space covered by the mooring permit.
B.
The holder of a mooring permit may, upon written application to and
approval by the Harbormaster, retain the mooring space assigned under
the mooring permit for a replacement vessel, provided that that vessel
is owned by the holder of the permit and is moved onto the mooring
within 60 days (unless the period is extended by the Harbormaster
because of special circumstances). If the replacement vessel is significantly
smaller, larger or of different draft or type, the Harbormaster shall
have the right to relocate the vessel to another, more suitable mooring.
A.
When a permit is issued for a mooring, the Harbormaster shall assign
a specific location for that mooring. No mooring shall be placed or
maintained in any part of Norwalk Harbor until the location of that
mooring has been approved by the Harbormaster.
B.
Moorings shall under no circumstances be located within navigation
channels or fairways or otherwise interfere with the safe and free
use of navigation channels and fairways.
C.
In accordance with Connecticut General Statutes, Section 26-157a(e),
no mooring shall be placed on any oyster bed without the permission
of the owner or lessee of such bed.
D.
Moorings located within designated anchorages identified in the Harbor
Management Plan should be placed in accordance with specific mooring
plans designed to proved safe and efficient mooring of vessels.
A.
The Harbor Management Commission may designate transient mooring
and anchoring areas for the exclusive, short-term use [not to exceed
seven consecutive days] of recreational vessels. This space shall
be available on a first-come, first-served basis.
B.
The Harbormaster may require any person anchoring in the harbor to
display for inspection the anchors, chains and other equipment used
at such anchoring for soundness of condition.
A.
Any permitted mooring not used for a period of one year may be considered
abandoned and subject to removal or relocation. Any mooring not authorized
by a current permit from the Harbormaster may be considered as abandoned
and subject to removal at any time. No mooring may be left unused
for more than one calendar year without written permission of the
Harbor Management Commission.
B.
Any registered owner who owns mooring tackle and is abandoning his
or her mooring space may offer to sell the tackle occupying such space
to the next person assigned that space. Failure of the registered
owner to remove such tackle shall constitute the abandonment thereof,
and such tackle may be removed by the Harbormaster at the expense
of such registered owner.
A.
The Harbormaster shall require that all new moorings, anchors, chains
and other equipment used in connection with moorings in Norwalk Harbor
be submitted to the Harbormaster or to an inspector designated by
the Harbormaster or Harbor Management Commission for inspection to
determine soundness of condition and compliance with minimum guidelines
established by the Harbor Management Commission.
B.
It is required that all mooring tackle be inspected for soundness
of condition no less than once every two calendar years. The Harbormaster
may require any person who holds a mooring permit in Norwalk Harbor
to display for inspection the anchor, chains and other mooring equipment
for soundness of condition. Each mooring shall be subject to inspection
by the Harbormaster, or by an inspection service acceptable to the
Harbormaster, at the discretion of the Harbormaster. A list of mooring
inspection services shall be made available to the mooring permit
holder by the Harbormaster. An official inspection form provided by
the Harbormaster shall be filed by the mooring owner with the Harbormaster
once every two years.
C.
The Harbormaster shall maintain a record of each inspection for a
period of three years. If, as the result of such inspection, it shall
be determined that any chain, shackle, swivel or other piece of mooring
tackle has become unsafe or otherwise inadequate, such chain, shackle,
swivel or other piece of mooring tackle shall be replaced accordingly.
Failure to make such replacement shall be grounds for revocation of
the mooring permit by the Harbormaster.
A.
The owner of any vessel moored or anchored within Norwalk Harbor
shall be responsible for causing such vessel to be tied, secured or
anchored with proper care and equipment and in such manner as may
be required to prevent breakaway and resulting damage and shall thereafter
provide for periodic inspection of mooring or anchoring equipment
as the Harbormaster deems necessary.
B.
All mooring tackle shall comply with minimum standards established
by the Harbor Management Commission and adjusted, as necessary, by
the Harbormaster. The holders of all mooring permits shall recognize
that requirements for mooring tackle will vary in different locations
and that some locations and conditions may require mooring tackle
that exceeds the minimum standards.
C.
The minimum standards for mooring tackle shall be provided by the
Harbormaster to each person, corporation, organization or group applying
for a mooring permit.
The Harbormaster may, from time to time, establish and amend
reasonable standards for the marking of mooring buoys and provide
marking tags to be attached to all approved moorings in Norwalk Harbor.
Notice of standards and requirements for marking approved moorings
shall be provided in writing to all approved mooring permit holders.
A.
The Harbormaster may require any mooring or vessel to be removed
to a new location whenever, in his judgment, the safety of any other
vessel or optimum use of the mooring area so requires.
B.
If directions given by the Harbormaster with respect to removing
unauthorized moorings, changing the location of existing moorings
for the purpose of ensuring safety and optimum use of the mooring
area or replacing mooring tackle determined to be inadequate are not
taken by the owner, if known, within 14 days after notification, or,
if not known, after notice has been posted for that period on the
vessel or mooring, the Harbormaster may cause such moorings to be
removed or changed or may drop the same to the bottom of the Harbor.
The expense of such mooring removal or relocation and any liability
arising from injury to person or property incurred thereby shall be
the responsibility of the mooring permit holder.
C.
Nothing above shall prevent the Harbormaster or his designee from
taking measures with or without notice if, in the judgment of the
Harbormaster, it is necessary in order to provide for the safety of
persons or property.
In order to provide safe navigation in all parts of Norwalk
Harbor, the Harbor Management Commission, with the advice of the Harbormaster,
is empowered to designate the location of channels or fairways within
which approved moorings shall not be located and to make changes in
such designation when conditions or needs require.
A.
The requirements of this Article pertaining to a specific mooring
area and/or vessel may be modified by the Harbormaster if, in the
judgment of the Harbormaster, such modification is necessary to provide
for the safety of persons or property or if the imposition of the
requirements would result in an unreasonable hardship on the person
or persons so affected.
B.
In order to most effectively respond to any emergency as may be caused
by a severe storm or other natural or man-made conditions, the Harbormaster
is empowered to suspend the requirements of this Article and/or impose
additional requirements in the interest of public safety.
A.
This Article has been adopted and approved in accordance with Section 22a-113r of the Connecticut General Statutes and § 69-22 of the Norwalk Code. In accordance with § 69-22D of the Norwalk Code, any person who shall violate any provision of this Article shall be fined not more than $90. Each day such violation continues after the time for correction of the violation has been given in any written order shall constitute a continuing violation and shall be subject to a fine of $90 per day for each day said violation continues.
B.
Fines levied for violations of this Article, as authorized by the
Norwalk Code, shall be collected by the City of Norwalk and deposited
into the Norwalk Harbor Management Fund.
The Harbormaster shall have the authority to revoke a mooring
permit if the permit holder fails to maintain the moored vessel in
a seaworthy condition or fails to comply with any permit condition
or provision of this Article.
A.
Any party aggrieved by any decision pertaining to the application
of this Article may request the Harbor Management Commission to review
that decision with respect to this Article and with respect to the
goals, objectives, policies and guidelines established in the Norwalk
Harbor Management Plan. The Harbor Management Commission must respond
with decision or action within 60 days of receipt of request for review.
B.
While state law requires the state-appointed Norwalk Harbormaster to act in a manner consistent with the Norwalk Harbor Management Plan, city ordinances, rules and regulations cannot alter the Harbormaster's duties and powers which include primary authority regarding mooring assignments. As a result, the Harbor Management Commission may not override the Harbormaster's mooring assignments, as long as such assignments are consistent with the Harbor Management Plan and this Article. (Note: This Subsection B was included as a footnote in the December 18, 1991, draft of this Article).
A.
Use of proper mooring tackle is necessary to safely secure moored
vessels in Norwalk Harbor. Each person mooring a vessel in the harbor
may be responsible for any damage (to their own vessel or to any other
vessel or property) caused by the failure of their mooring tackle.
Water depth and bottom conditions, as well as storms, wind drag, current
drag, wave action, tidal height and surge, seabed conditions and the
principles of good seamanship, must be considered when selecting proper
tackle.
B.
To help mooring permit holders choose the proper tackle, the Harbor
Management Commission has adopted minimum standards for single-point
and fore-and-aft moorings. These standards may be adjusted by the
Harbormaster as necessary, but unless there are any compelling reasons
to relax the standards as they would apply to a particular vessel
or location, all mooring tackle placed in Norwalk Harbor must meet
these minimum requirements. The standards will be periodically reviewed
by the Harbor Management Commission and updated as necessary.
C.
Requirements for mooring tackle will vary in different parts of the
harbor depending on bottom conditions, exposure to Long Island Sound
and other factors. In some instances, it may be necessary to exceed
the minimum standards to ensure safety. Please consult with the Harbormaster
before choosing your tackle. All mooring tackle is subject to inspection
by the Harbormaster before it is placed in the water, and all tackle
must thereafter be inspected at least once every two years to check
the soundness of its condition.
D.
No standards or inspection requirements, however, can ensure vessel
security under all possible conditions, particularly severe storm
conditions with associated wind and wave hazards. As a result, the
City of Norwalk, the Harbor Management Commission and the Harbormaster
assume no responsibility for personal injury or property damage that
may result from the use of any mooring tackle that either meets or
exceeds the minimum standards.
E.
Remember that a permit from the Harbormaster is required for the
placement of all moorings in the harbor. Those applying for new permits
or desiring to renew permits must do so in accordance with the Harbor
Management Commission's Rules and Regulations for Mooring and
Anchoring Vessels in Norwalk Harbor.
A.
Mooring tackle should meet the following minimum standards:
Boat Length
(feet)
|
Mushroom Anchor
(pounds)1
|
Bottom Chain
(inches)
|
Top or Chain
(inches)
|
Nylon Pennant
(inches)
|
Nylon Bridal
(inches)
|
---|---|---|---|---|---|
Under 16
|
75
|
3/8
|
3/8
|
3/4
|
1/2
|
16 to 19
|
150
|
3/8
|
3/8
|
3/4
|
1/2
|
20 to 22
|
200
|
1/2
|
1/2
|
3/4
|
1/2
|
23 to 25
|
250
|
1/2
|
1/2
|
7/8
|
1/2
|
26 to 30
|
300
|
5/8
|
1/2
|
1/2
|
5/8
|
31 to 35
|
400
|
5/8
|
1/2
|
1
|
5/8
|
36 to 40
|
500
|
3/4
|
5/8 to 3/4
|
1 1/4 — 1 1/2
|
3/4
|
41 to 50
|
600
|
3/4
|
5/8 to 3/4
|
1 1/4 — 1 1/2
|
3/4
|
51 to 65
|
750
|
1 5/8 to 3/4
|
1 1/2
|
7/8
|
NOTES:
| |
---|---|
1
|
Mushroom anchor weight must be doubled for hard-bottom
areas.
|
B.
The maximum length of the bridle should be 2 1/2 times the distance
from the bow chock to the water plus the distance from the bow chock
to the mooring cleat or post.
C.
All bridle lines running through a chock or any other object where
chafing may occur should have adequate chafe guards.
D.
The total scope of the chain should be 2 1/2 times the depth
of the water at high tide. The bottom and top chain should each consist
of approximately 50% of the scope.
E.
All shackles, swivels and other hardware used in the mooring hookup
should be proportional in size to the chain used.
F.
It is recommended that two bridles be used or shackled into the bitter
end of the nylon pennant or top chain below the buoy so the strain
is not carried by the buoy. A second pennant and anchor should be
used in heavy weather.
G.
Only mushroom anchors should be used for permanent moorings.
H.
The pickup buoy shall be of a type and size to be determined by the
Harbor Management Commission. The pickup buoy shall be lettered with
the mooring registration number, or a marking tag provided by the
Harbormaster shall be attached.
I.
Sacrificial metals are recommended for attachment to both ends of
chain.
A.
Mooring tackle should meet the following minimum requirements:
Boat Length
(feet)
|
Each Bottom Paired Anchor
(pounds)1
|
Bottom Chain
(inches)
|
Top Chain
(inches)
|
Nylon Bridle
(inches)
| |
---|---|---|---|---|---|
Under 16
|
75
|
3/8
|
3/8
|
1/2
| |
16 to 19
|
100
|
3/8
|
3/8
|
1/2
| |
20 to 22
|
150
|
1/2
|
1/2
|
1/2
| |
23 to 25
|
200
|
1/2
|
1/2
|
5/8
| |
26 to 30
|
300
|
5/8
|
1/2
|
3/4
| |
31 to 35
|
350
|
5/8
|
1/2
|
3/4
| |
36 to 40
|
400
|
3/4
|
5/8
|
1
| |
41 to 50
|
500
|
3/4
|
5/8 to 3/4
|
1
|
NOTES:
| ||
---|---|---|
1
|
The stern anchor may be down-sized at the discretion
of the Harbormaster.
|
B.
The maximum length of the bridle should be two times the distance
from the bow chock to the water plus the distance from the bow chock
to the mooring cleat or post.
C.
All bridle lines running through a chock or any other object where
chafing may occur should have adequate chafe guards.
D.
The total length of the chain should be 2 1/2 times the depth
of the water at high tide.
E.
All shackels, swivels and other hardware used in the mooring hookup
should be proportionate in size to the chain used.
F.
It is recommended that two bridles be used or shackled into the bitter
end of the nylon pennant or top chain below the buoy so the strain
is not carried by the buoy. A second pennant and anchor should be
used in heavy weather.
G.
Only mushroom anchors should be used for permanent moorings.
H.
The pickup buoy shall be of a type and size to be determined by the
Harbor Management Commission. The pickup buoy shall be lettered with
the mooring registration number, or a marking tag provided by the
Harbormaster shall be attached.
I.
Sacrificial metals are recommended for attachment to both ends of
chain.
[Adopted 11-24-1992]
A.
The following fees shall be required for all mooring permits issued
by the Norwalk Harbor Master:
Boat Length
(feet)
|
Annual Mooring Permit Fee
| |
---|---|---|
20.0 or less
|
$20
| |
20.1 or longer, up to and including 30.0
|
$35
| |
30.1 or longer
|
$50
|
B.
The length used to determine the fee shall be the length stated on
the State of Connecticut certificate of number or certificate of decal
for the vessel assigned to the mooring. Fees are nonrefundable.
C.
Nonprofit organizations shall be charged only an administrative fee
of $5 each, for up to six moorings, which must be for vessels registered
with the state for the reduced fee available to nonprofit organizations
(as authorized under Chapter 268, § 15-144b, of the Connecticut
General Statutes.
[Added 11-9-1993]
A.
Any applicant for a mooring permit who does not hold a current mooring
permit for the vessel listed on the application shall pay an initial
permit fee of $20 in addition to the annual mooring permit fee specified
above. This fee is also nonrefundable.
B.
The initial permit fee is not required for a new vessel which replaces
an old one listed on a previous mooring permit held by the applicant
if the Harbormaster determines that the new vessel may be moored in
approximately the same location.
C.
The initial permit fee shall be waived for applicants whose vessels
will be located in a controlled mooring field of at least 50 vessels
subject to valid federal and state commercial mooring permits and/or
operated under common management.
A.
The above listed fees shall be effective for 1993 and all subsequent
years until modified or repealed.