[HISTORY: Adopted by the Town Meeting of the Town of Frye Island 9-4-2021 (Ch. 122). Amendments noted where applicable.]
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.
A. 
The Executive Committee of the Town of Frye Island shall appoint a Harbormaster to carry out and enforce provisions of this chapter. The Harbormaster shall be appointed for a term of no less than one year, in accordance with the requirements of 12 M.R.S.A. § 13072 and this chapter.
B. 
The Executive Committee of the Town of Frye Island shall establish the Harbormaster's compensation.
C. 
Subject to prior approval of the Executive Committee of the Town of Frye Island, the Harbormaster may appoint deputies who, under his/her direction, shall aid in enforcing and carrying out the provisions of this chapter.
D. 
The Harbormaster may refuse to assign mooring privileges to any applicant who has not paid any fee, charge for services, forfeiture, or penalty levied.
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.
SHOREFRONT MOORING AREA
A mooring area whose defining property is held in individual or joint private ownership.
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.
A. 
All moorings in the mooring area must be registered with the Town of Frye Island. Unregistered moorings may be subject to removal by order of the Harbormaster.
B. 
Information required for mooring registration shall be as determined by the Town, and shall include:
(1) 
Name, lot number, and contact information for the mooring registration holder.
(2) 
A mooring location plan, as described in § 158-10D, below.
(3) 
A description of the mooring components, including anchor, chain, float, and pendant, to conform to the mooring equipment specifications set forth in § 158-11, below.
(4) 
In the shorefront mooring area, proof of ownership of the defining property or written proof of a right to use the defining property for purposes of placement, use, and maintenance of a mooring, including provisions for vehicle parking.
C. 
The Harbormaster will be responsible for approving mooring registrations.
D. 
Registration and placement of moorings in the designated mooring area will be approved on a space-available and first-come, first-served basis.
E. 
The Harbormaster may set limits on the number of moorings assigned to individual lot owners in designated mooring areas.
F. 
One mooring per lot will be permitted in any designated mooring area until all other outstanding requests are satisfied.
G. 
Annual registration renewal will not require resubmission of a mooring location plan or mooring specifications, unless a change in location is proposed, or a change in equipment is made.
H. 
Mooring registrations are not transferable.
I. 
Registration rejection. The Harbormaster may delay or deny the acceptance of a mooring registration if the mooring location plan is incomplete and/or further details are required, or alterations to design or location have occurred.
J. 
Registration fee. An annual mooring fee established by the Executive Committee of the Town of Frye Island shall be charged for each annual mooring registration. The fee is due at the time of registration.
K. 
Registration deadline. The deadline for annual mooring registration will be set by the Executive Committee of the Town of Frye Island.
L. 
Fees, penalties and removal costs. The Executive Committee of the Town of Frye Island shall have the authority under this chapter to establish and revise a schedule of mooring registration fees, penalties, and removal charges.
M. 
Registration restrictions. Registered moorings are intended for use by the registered owner(s). No mooring location may be sold or rented by the party receiving the registration. This does not prevent the use of a mooring by family, guests, or tenants of the mooring registration holder. This does not prevent the Town of Frye Island from installing and renting moorings in designated mooring areas.
N. 
Waiting list. When the number of applications exceeds the number of available mooring spaces as determined by the Harbormaster, the Harbormaster shall maintain a waiting list of all applicants who have not been issued a mooring registration. This waiting list shall be maintained and available at the Town office. The list shall be used by the Harbormaster in issuing mooring registrations as mooring spaces become available, and the first person on the list will be offered the next available mooring space. If, for any reason, the applicant does not accept the next available mooring space, their name goes to the bottom of the waiting list.
O. 
Abandonment. Any mooring which has not been registered as required in Subsection A will be considered abandoned and may be removed by the Harbormaster. Moorings in place prior to the effective date of this chapter shall not be considered exempt from its requirements.
A. 
No mooring may create a hazard to navigation, interfere with other registered moorings, encroach on designated swim areas, interfere with access to a fairway, adversely affect aquatic vegetation, wildlife, or habitat, or otherwise pose a threat to public safety or well-being.
B. 
The location of any mooring in a designated mooring area, as established by the position of the mooring anchor, must be approved by the Harbormaster.
C. 
The location of moorings in a shorefront mooring area may be determined by the owner of the defining property, but must comply with Subsection A above, and must not interfere with any mooring in a designated mooring area, as reasonably determined by the Harbormaster.
D. 
Mooring location plan. The mooring location plan shall include the following:
(1) 
A drawing of the defining property showing the approximate frontage contour.
(2) 
The approximate location of the mooring anchor.
(3) 
The approximate location(s) of adjacent features such as docks, jetties, etc.
E. 
Mooring location conflicts. The Harbormaster will work with the applicant(s) to resolve conflicts that may occur within and between mooring areas. Determinations by the Harbormaster will be final. Conflicts related to overlap between shorefront and designated mooring areas may require the submission of a professionally developed location plan at the expense of the applicant(s).
F. 
Prohibited locations.
(1) 
Moorings are prohibited in any areas designated by the Town of Frye Island as emergency landing and/or emergency evacuation points, including fairways.
(2) 
No moorings are allowed beyond 200 feet off the shoreline, or in any areas deemed a navigational hazard or obstruction to shorefront access as determined by the Harbormaster or the Maine Department of Inland Fisheries and Wildlife or Department of Agriculture, Conservation and Forestry or other state agencies with designated authority.
G. 
Swim floats and watercraft for similar use shall not be allowed in the designated mooring area unless approved by the Harbormaster.
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.
A. 
The Harbormaster shall determine whether provisions of this chapter have been violated. The Executive Committee of the Town of Frye Island, together with the Harbormaster, shall assess the nature and severity of the violation and shall take the necessary course of corrective action, which may include assessment of a penalty or loss of mooring privileges. If an illegally placed mooring is not removed within 14 days after a notice of violation has been sent by certified mail and regular United States mail to the address listed on the most recent mooring registration, or by notice affixed to the mooring when no registration information is available, the Harbormaster may remove the mooring. The mooring registration holder shall be responsible for all expenses incurred in the removal, including legal fees.
B. 
Any person who violates any provision of this chapter shall be subject to a civil penalty of not less than $100 and not more than $2,500 for a first violation, to be assessed by the Executive Committee of the Town of Frye Island. The violator may be ordered to correct or abate the violation unless the court finds that such action will create a threat or hazard to public health or safety, substantial environmental damage, or substantial injustice. Each day that such a violation continues to exist shall be considered a separate violation. This chapter shall be enforced pursuant to 30-A M.R.S.A. § 4452. The failure to obey the lawful order of a Harbormaster shall be punished as a Class E crime pursuant to 38 M.R.S.A. § 13.
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.