[Adopted 4-24-1984]
A.
There shall be a Harbor Management Commission, to consist of nine
members who are electors of the City of Norwalk and who are appointed
by the Mayor with the confirmation of the Common Council. At least
seven members of said Commission shall have some demonstrable prior
interest or involvement in matters connected with harbor activity,
either through a public or private interest. The Director of Planning,
the Harbor Master and the Director of Recreation and Parks shall be
ex officio members without vote. The Planning and Zoning Commission
shall provide such staff support as necessary.
B.
The terms of the initial members shall be as follows: three members
for a term to expire December 31, 1986; two members for a term to
expire December 31, 1987; two members for a term to expire December
31, 1988; two members for a term to expire December 31, 1989. Thereafter,
the terms of all members shall be for four years commencing on January
1. If a member shall terminate in advance of his or her term, his
or her replacement shall be appointed to complete his or her term.
No member of the Harbor Management Commission shall receive compensation
for service. The Harbor Master shall serve as Executive Secretary
to the Harbor Commission.
The Harbor Management Commission shall have the following powers
and duties:
A.
To conduct studies of the conditions and operations in the Norwalk
Harbor and to present to the Common Council proposals for its efficient
operation.
B.
To receive and review all proposals for dredging, filling and constructing
or altering any structure on, in or contiguous to the harbor and to
cooperate with federal and state permitting authorities to ensure
their consistency with the harbor management plan. Any local agency
receiving an application for any such proposal shall send a copy of
the same to the Commission upon the request of the Commission. The
Commission shall be notified 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. The local agency authorized to act on the proposal
shall consider the recommendations of the Commission. A two-thirds
vote of all the members of the local 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 shall be deemed to be approval of the proposal.
[Amended 8-14-1990[1]; 3-9-1993]
[1]
Editor's Note: This resolution also provided that "the Common Council, pursuant to § 22a-113m of the Connecticut General Statutes, does hereby adopt the aforesaid harbor management plan, to be effective as of September 1, 1990, but not including, however, Appendix A and Appendix B attached thereto. And be it further resolved that in the event of any conflict between Chapter 69, Article III, of the Code of the City of Norwalk, as amended, and the harbor management plan, the provisions of Chapter 69, Article III, shall control."
C.
To prepare a harbor management plan for the harbor, including the
designation of harbor lines, mooring areas, anchorage areas, thoroughfares
or channels; the establishment of regulations ensuring the equitable
allocation of moorings and other uses of the harbor; the issuance
of permits for regattas and parades or other harbor events; and other
matters relative to the public use of the Norwalk Harbor.
D.
To assist in the coordination of all public and private agencies,
commissions and other organizations which provide service or other
facilities using or otherwise based upon the waters of Norwalk Harbor.
E.
To exercise all additional powers granted by state statute, unless
otherwise denied such authority by the Common Council.
[Amended 8-14-1990; 3-9-1993]
F.
To expend funds or to incur debts on behalf of the city, to the extent
such expenditures are specifically authorized by the Common Council.
The Norwalk Harbor Management Commission may, from time to time,
adopt such rules and regulations and plans as it shall deem necessary
in the following manner:
A.
Prior to adopting any such rules or regulations, the Commission shall
conduct a public hearing for the purpose of considering their adoption.
Notice of the time and place of such public hearing, which notice
shall include the title and summary of the rules or regulations proposed,
shall be published twice in a local newspaper having substantial circulation
in the City of Norwalk at least five days, but not more than 15 days,
prior to the date of said hearing. A copy of the full text of the
proposed regulation or rules shall be filed in the Office of the City
Clerk for public inspection at least 10 days prior to such hearing.
[Amended 3-9-1993]
B.
Following such public hearing, the Commission shall act upon such
rules and may make such changes or alterations in the form or content
of the proposed rules or regulations as seen appropriate or necessary
as a result of the public hearing held in connection therewith. Such
changes, additions or alterations shall not require further public
notice.
C.
Such rules, if adopted by the Commission and after approval by the
Common Council of the City of Norwalk, shall become effective after
publication once in a local newspaper having substantial circulation
in the City of Norwalk within 21 days following Council approval.
D.
Any person who shall violate any of the rules and regulations adopted
by the Norwalk Harbor Management Commission and approved by the Common
Council, as above provided, 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.
The territorial limits of Norwalk Harbor, which shall constitute the jurisdictional limits of the Harbor Commission, shall include all of the waters of the city as described in § 1-205 of the Norwalk Charter, excepting only the area of the Five Mile River which is subject to the jurisdiction of the Five Mile River Commission. The Norwalk Harbor, as defined above, may be further subdivided by the Commission into an inner and outer harbor, as provided by the Norwalk Code § 69-2 and as amended from time to time.
[Added 3-9-1993; amended 3-10-1998]
Pursuant to Connecticut General Statutes Section 22a-113m, the
Norwalk Harbor Management Plan, dated June 1989, and previously adopted
by the Norwalk Common Council, effective September 1, 1990, is hereby
adopted, as amended, as follows, effective March 1, 1998:
B.
The 1991 Addendum, dated November 1992, is incorporated into the
plan.
C.
The 1997 Plan Addendum, dated November 1997, is incorporated into
the plan.
