This chapter shall be known and cited as the "Frye Island Mooring
Ordinance."
This chapter is adopted pursuant to the enabling provisions
of Article VIII, Part Second, Section 1, of the Maine Constitution
and the provisions of 12 M.R.S.A. § 13072, 30-A M.R.S.A.
§ 3001 and 38 M.R.S.A. §§ 1 to 13.
This chapter is designed to ensure that installation, use and
maintenance of moorings does not interfere with navigation, the use
of other moorings or the rights of property owners, impair public
safety or welfare, or cause harm to Sebago Lake water quality or aquatic
habitat.
This chapter shall apply to the installation, use, and maintenance
of moorings within a mooring area as defined herein. This chapter
shall not apply to temporary anchoring of a watercraft for a period
not to exceed 24 hours.
Whenever a provision of this chapter conflicts with or is inconsistent
with any other ordinances, regulations or statutes, the more restrictive
provision shall apply.
The invalidity of any portion of this chapter shall not invalidate
any other portion thereof.
As used in this chapter, the following terms shall have the
meanings indicated:
DEFINING PROPERTY
A shorefront property whose side boundary lines, when extended
to 200 feet from the shoreline, roughly define a mooring area.
DESIGNATED MOORING AREA
A mooring area whose defining property is owned by the Town
of Frye Island and/or Frye Island, Inc.
FAIRWAY
A navigable channel in a water body which may, but need not,
be marked with channel markers.
LOT
A parcel of real property in the Town of Frye Island identified
on the tax rolls of the Town by a number up to four digits long.
MOORING
Any device or set of component devices designed to secure
a watercraft or floating platform to the bottom of a water body, that
remains in place when the watercraft or platform is not attached.
MOORING AREA
That portion of Sebago Lake within 200 feet of the Frye Island
shoreline, roughly defined by the extended side boundary lines of
a shoreline property.
MOORING IDENTIFICATION TAG
A temporary tag that is to be affixed (by the mooring applicant)
to the mooring being described in the application to aid the Harbormaster
in locating the specific mooring.
MOORING REGISTRATION HOLDER
The owner of a lot in the Town of Frye Island, as identified
in Town tax rolls, who has been granted a mooring registration by
the Harbormaster. The holder must be in good standing with the Town
in terms of taxes, liens, and other fees or actions due to the Town.
In the event that the lot is deeded in the name of a corporation or
trust, the holder shall be the individual who is the primary contact
for such an entity. Persons who do not own property on Frye Island
may not be mooring registration holders.
SHORELINE
The normal high-water line of Sebago Lake.
WATERCRAFT
Any craft meeting the definition set forth in 12 M.R.S.A.
§ 13001. For purposes of this chapter, a floating platform
will be considered a watercraft.
Mooring gear and tackle shall be of adequate size and weight
to hold the watercraft being secured. Specifications for moorings
will be established by the Harbormaster on a consistent basis, in
accordance with applicable standards and conventions.
A. Anchors must be sufficient in size and weight to remain stationary
under any predictable wind loads on the attached watercraft. Moorings
may be fixed to the lake bottom by deadweight anchors, mushroom anchors,
pyramid anchors, or helical "screw" anchors. Stone or cast concrete
blocks of appropriate size and weight are suitable deadweight anchors.
The anchoring device may not extend into the ice zone, or otherwise
be subject to movement by ice action. No item that may release contaminants
into the water or pose a hazard to aquatic species may be used as
a mooring anchor. Metal drums, engine blocks, radiators, and other
items designed for other purposes may not be used as mooring anchors.
B. The rode system, which attaches the buoy and pennant to the anchor,
shall be of galvanized chain or cable of sufficient size, weight,
and length to sustain the required load and help prevent anchor movement.
Bolts, screws, rods, pads, and other metallic fixtures shall be of
stainless or galvanized steel and of adequate strength and durability
for mooring the intended watercraft.
C. In accordance with specifications set by the Maine Department of
Agriculture, Conservation, and Forestry, the mooring buoy, which holds
the end of the rode chain at the surface for attachment of the pennant,
shall be colored white with a single blue horizontal band clearly
visible above the water line. The mooring registration holder's lot
number or annual registration number must be affixed to the buoy in
at least three-inch numbers of contrasting color. The buoy must be
removed by October 31 each year, or a date set by the Harbormaster,
whichever comes first.
D. Mooring registration holders are responsible for managing mooring
anchor chains and pennant lines from the buoy to the watercraft to
adjust for changing water levels, in order to minimize increased drift
and swing radius by the watercraft around the mooring during low water
conditions. This may be necessary during low water levels to avoid
collision with nearby moored watercraft moorings, interference with
navigation, restriction of shorefront access, or other issues.
E. During winter months, the anchoring device shall be attached to a
submerged buoy, tied off to shore, or marked in such a way that it
can be found by the Harbormaster and others the following season.
Buoys, ropes or markers must be labeled with the mooring registration
holder's registration number and tethered so as to remain below the
ice zone.
F. The mooring registration holder is responsible for the adequacy,
performance and maintenance of all mooring gear and tackle. Moorings
shall be inspected at a minimum of every four years for safe condition
by the mooring registration holder or a contracted professional agent.
The date of such inspection shall be noted on the registration renewal
form and shall demonstrate that the mooring continues to meet the
requirements of this chapter.
G. Moorings not meeting the provisions of this chapter and associated
specifications may be removed by the Harbormaster after a period of
14 days following written notice of the violation to the mooring registration
holder.
Recognizing that there are existing moorings that may or may
not be in active use, the Town will establish a one-time, initial
mooring application period of 45 days that shall start upon official
notification by the Town but no sooner than Island opening day 2022.
During that initial application period, the Town will accept applications
for registrations of active moorings that the applicant can demonstrate
existed at the time that this chapter was enacted. The Harbormaster
shall review all such applications in the order received, issue registrations
using the procedures and considerations described in this chapter,
and resolve any conflicts with the specifics of this chapter and between
any competing interests. The Harbormaster may issue a mooring identification
tag that will be affixed by the applicant to the applicant's mooring
to aid the Harbormaster in locating the specific existing mooring.
Appeals by any person aggrieved by a decision, act, or failure
to act by the Harbormaster as it relates to the implementation and
enforcement of this chapter shall be made to the Executive Committee
of the Town of Frye Island. In all cases, a person aggrieved by an
order or decision made or failure to act by the Harbormaster shall
file his appeal within 14 days of receipt of notice of the decision
or order appealed. The appeal shall specifically describe the grounds
for such action. The Town Clerk shall notify the Executive Committee
of the Town of Frye Island, the Town Manager, and the Harbormaster
of any appeal applications.