As used in this chapter, the following terms shall have the
meanings indicated:
AUTHORIZED
Any activity, structure or object in, on or over a public
watercourse within the Town of Winchester which is subject to regulation
by the Town of Winchester for which.
A.
An application was made and a permit granted; or
B.
There is an existing structure or object deemed authorized pursuant to §
380-8 herein.
BOAT LIFT
A structure in the watercourse or attached to a dock, or
shore, designed to lift a vessel out of the water and/or provide a
platform for a vessel.
DOCK
A structure, other than a walkway, boat lift, personal watercraft
lift/float or swim float, projecting over a watercourse which is attached
or adjacent to the shore.
LITTORAL BOUNDARY
An imaginary extension of the landward property line into
the water or property line perpendicular to the shoreline. When the
shoreline is concave, the "cove method" will be employed to establish
the littoral boundary. The "cove method" involves drawing a line,
called the "base line," between points of land on either side of the
concavity and then drawing a line perpendicular to the base line from
the base line to the boundary between the properties at high water
mark.
LITTORAL RIGHTS
Rights concerning properties abutting a watercourse, as defined
by Connecticut law.
MARINA
Any area that provides for a fee or compensation items such
as, but not limited to, dockage, mooring, supplies, maintenance and
repair of vessels, and/or rentals or commercial sale of vessels (including
demonstration of vessels for purposes of such rental or sale).
MARKER
Buoy (other than a mooring buoy) which has been duly authorized
by the Connecticut Department of Energy and Environmental Protection
("DEEP"), placed in the watercourse for purposes including, but not
limited to, marking a restricted area, a danger to navigation, a swim
area or a sudden change in water depth.
MOORING BUOY
A buoy placed in the watercourse to which a vessel is moored.
SWIM FLOAT
A freestanding solid or inflatable platform (including objects
also known as "trampolines"), other than a dock, walkway, personal
watercraft lift/float or boat lift, attached to the bed of a watercourse
by lines, cables or chains.
VESSEL
Every type of watercraft, motorized and nonmotorized, other
than a seaplane on water, used or capable of being used as a means
of transportation on water.
WALKWAY
A structure other than a dock, adjacent to or attached to
a boat lift for the sole purpose of providing access to the vessel
stored in the boat lift.
The Town of Winchester Inland Wetlands Commission, or any other
body created or designated by the Board of Selectmen, shall be the
body responsible for administering this chapter (hereinafter the "Commission").
No structure, whether solid or inflatable, shall be installed
in, on or over a watercourse without first obtaining a permit for
such installation pursuant to this chapter, unless otherwise exempted
herein.
To qualify for a permit, a property must abut the watercourse
or have legal access to the watercourse. The applicant shall certify
to the Commission that the property has no restriction that expressly
prohibits the use or activity the applicant is seeking.
A vessel shall not remain on a watercourse overnight unless
it is docked at an authorized dock, moored to an authorized mooring
buoy, or stored in an authorized boat lift or personal watercraft
lift/float.
Except for the one existing marina at Highland Lake, which shall
be deemed authorized, no additional marinas shall be permitted. The
existing marina shall require a permit from the Commission for modifications
to the existing facility. This chapter shall not apply to any municipal
or state facilities.
Notwithstanding anything contained herein, the Commission may
revoke or modify a permit for any structure or object that it deems
a navigational hazard, threat to public safety or conflicts with any
state or federal regulations.
Should any court of competent jurisdiction declare any section
or clause or provision of this chapter to be invalid, such decision
shall affect only such section, clause or provision so declared invalid
and shall not affect any other section, clause or provision of this
chapter.