[Ord. of 7-1-2014]
The Rules and Regulations Governing the Waters and Harbor of
the Town of Westbrook, which are a part of the harbor management plan,
shall become effective immediately upon the adoption of this chapter.
Harbor management area. The Westbrook Harbor
Management Plan addresses the waters of the Town of Westbrook, also
referred to as the "Harbor Management Area", from the Westbrook/Clinton
town line east to the Westbrook/Old Saybrook town line. The area of
jurisdiction of the Westbrook Harbor Management Commission, shown
in Figure 1 of the approved Westbrook Harbor Management Plan, exists
from a point one thousand (1,000) feet due south of the mean high
water line at the municipal boundary between Westbrook and Old Saybrook;
thence, west southwesterly to a point one thousand (1,000) feet due
south of the southern tip of Menunketesuck Island; thence southwesterly
to a point one thousand (1,000) feet due south of the southernmost
tip of Duck Island; thence west northwest to the western breakwater
light; thence northerly to the intersection of the mean high water
line at the Westbrook and Clinton municipal line. Further, the Harbor
Management Area shall also include the waters of the Menunketesuck
and Patchogue Rivers northward to the locations shown on said Figure
1 of the approved Westbrook Harbor Management Plan.
[Ord. of 7-1-2014]
(a)
General.
No piers, docks, vessels, piling or mooring buoys shall be placed
in any location within Westbrook Harbor as shown on Figure 1 of the
approved Westbrook Harbor Management Plan that is inconsistent with
the policies, goals and recommendations of the approved Westbrook
Harbor Management Plan.
(b)
Area "A".
Docks or other structural encroachments within Area "A" as shown on
Figure 1 of the approved Westbrook Harbor Management Plan shall be
built or located consistent with the policies, goals and recommendations
of the approved Westbrook Harbor Management Plan and in a way which
minimizes adverse impacts to public access or public views in areas
along the Westbrook shoreline of Long Island Sound.
(c)
Encroachments in channels or fairways in "Area B". In the area north of the mouths of the Patchogue and Menunketesuck Rivers and south of Route 1 in Area "B" as shown on Figure 1 of the Westbrook Harbor Management Plan, no person or organization shall hereafter place any obstruction or encroachment within five (5) feet of any harbor line the waterway lines, without the written permission of the Westbrook Harbor Management Commission defined as the line formed by the outermost boundaries of either the active ACOE designated channel or federally active anchorage/mooring areas whichever falls closest to the land and as shown on the map entitled "Town of Westbrook, Connecticut Establishment of Harbor Lines Dated: 3/13/84, Revised 8/1/84 Drawings Nos. 1 and 2 (now known as maps #1302 and #13030), David B. Mylchreest, revised 1/31/01 as set forth on a certain map entitled "Amendment to Harbor Lines, Carlson's Landing-Patchogue River-Westbrook, CT" Kilmartin-Ragan Associates Inc., Surveyors, together with a six page definitive document as hereto set forth entitled "Town of Westbrook Harbor Development Lines" (Appendix "B") or is in violation of the standards and rules included in Westbrook Ordinance section 8-2(a). Such map shall be filed on the Land Records in the town clerk's office in Westbrook Town Hall.
(d)
Encroachments
in channels or fairways in "Area C" and "Area D". The following requirements
impact channels and fairways within "Area C" and "Area D" of Westbrook
Harbor as shown on Figure 1 of the approved Westbrook Harbor Management
Plan:
(1)
No
moored or anchored vessels, fixed commercial fishing gear, other passive
obstructions or sunken devices of any kind shall be permitted in channels
or fairways.
(2)
The
terminus of any private residential dock shall be set back from the
deepest part of a channel or fairway a minimum of twenty (20) feet
measured according to the methodology shown in Appendix "A" as adopted
into the Harbor Management Plan.
(3)
Private
residential docks shall not be located in conflicting locations on
opposite banks of a channel or fairway so as to restrict navigation
in any way. In addition and, whenever possible, the longitudinal center
line of structures on opposing banks shall be offset from each other
by at least twenty-five (25) feet unless permitted otherwise.
(4)
Any
existing structure placed pursuant to a state and federal permit which
does not conform to this plan is exempt from the requirements of the
plan except where the owner of such structure has previously agreed
to bring such structures into conformance with said requirements.
[Ord. of 7-1-2014]
(a)
All motor
boats powered with inboard or outboard motors shall not travel upon
or in the waters of the Patchogue River from the bridge on the thruway
to Long Island Sound at the beacon on the south end of the stone jetty
or the Menunketesuck River from the bridge on Kirtland District to
Long Island Sound at the beacon on the south end of the stone jetty,
at a rate of speed to cause a destructive wake, or greater than six
(6) miles per hour.
(b)
There shall be no towing of persons in the water or water skiing in the areas mentioned in subsection (a) above.
(c)
All motor boats powered with inboard or outboard motors will not be operated within five hundred (500) feet of the shore line of the town at a speed to cause a destructive wake, or greater than six (6) miles per hour (except in the designated skiing area described in subsection (d)) nor in a manner to endanger the lives of persons or property.
(d)
Water
skiers and jet skis are not permitted to approach or leave beaches
except where an area has been marked off for their exclusive use.
This restricted area to be not more than seventy-five (75) feet wide,
at right angles to the shore line, and extending seaward one hundred
fifty (150) feet from the mean high water mark. The two (2) sides
of this area shall be marked by plainly visible floats connected by
ropes. Swimming and bathing are prohibited in this designated area.
[Ord. of 7-1-2014]
(a)
Upon adoption of this chapter, the Westbrook Harbor Management Commission shall review, for consistency with the Westbrook Harbor Management Plan, specific development and use proposals as described in a memorandum of understanding dated X/X/XXXX and filed in the land records of the Town of Westbrook and as described in section 8-4, referral of proposals affecting real property. Such land use proposals may fall under the jurisdiction of commissions, boards and agencies including:
(b)
The Westbrook
Harbor Management Commission shall review for consistency with the
harbor management plan:
(1)
Development
proposals that may impact Westbrook Harbor as determined by the commission;
(2)
Proposed
uses or activities occurring waterward of the mean high water line;
(3)
Proposed
revisions and amendments to town plans and rules and regulations affecting
real property on, in and contiguous to the harbor management area.
(c)
The Westbrook
Land Use Office shall make agendas which include developments that
may impact Westbrook Harbor available to the Westbrook Harbor Management
Commission within at least thirty-five (35) days prior to the commencement
of any hearings thereon or, where no hearing is held, at least thirty-five
(35) days prior to the taking of any final action on the proposal
and which will allow adequate time for the commission to review such
applications for consistency with the Westbrook Harbor Management
Plan.
(d)
The harbor
management commission shall determine the consistency of proposals
with the approved harbor management plan and make recommendations
to the appropriate town commission, board, agency or department having
authority to act on the proposal within thirty-five (35) days of receipt
of the proposal from the referring agency. If no comment regarding
the consistency of the proposed project is made by the commission
within thirty-five (35) days, the proposal shall be assumed to be
consistent with the approved harbor management plan. The town agency
authorized to act on the proposal shall consider the recommendations
of the harbor management commission. In accordance with G.S. §
22a-113p, a two-thirds (⅔) vote of all members of the agency
having authority to act on the proposal shall be required to approve
a proposal that has not received a favorable recommendation from the
harbor management 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.
[Ord. of 7-1-2014; Ord. of 12-11-2017]
Rules and regulations concerning the assignment of waiting lists,
and fee schedules, for the various berths and moorings located throughout
Westbrook waters are in written forms and remain in effect upon adoption
of this chapter.
(1)
All mooring
standards, including those for moorings, tackle and gear, for the
harbor management area are determined by the harbor master with the
approval of the Westbrook Harbor Management Commission. These standards,
included in a document entitled the Westbrook Harbor Mooring Standards,
are available in the Westbrook Town Clerk's Office and on a harbor
management commission website, at such time that one is developed,
and from the Harbor Master. Standards regarding the color and shape
of mooring buoys are required to comply with subsection (a) of section
15-121-A3 of the Regulations of Connecticut Agencies.
(2)
It shall
be a violation for any person, association, corporation or group to
moor any vessel or place any mooring in the harbor management area
without a current and valid permit from the harbor master.
(3)
The harbor
master will compile a list of the locations and the owners of all
moorings within the harbor management area, as defined above. This
is to assure the permitting of those current moorings to the present
users and to prevent controversy over available mooring spaces and
to insure that moorings are being used safely based upon the mooring
tackle in place.
(4)
Beach
moorings shall be installed and removed at least every two years in
locations approved by the Westbrook Harbor Master. Beach moorings
shall be installed no earlier than May 1st and removed no later than
October 31st in any year where removal and inspection is required.
(5)
Beach
moorings shall be inspected upon removal and determined safe in a
manner acceptable to the Westbrook Harbor Master and the Westbrook
Harbor Management Commission with a report of such inspection and
conclusion being provided to the harbormaster for approval within
thirty (30) days of removal. Moorings that don't pass inspection must
be replaced with new mooring gear consistent with the standards included
in the document entitled Westbrook Mooring Standards and shall not
be reinstalled. Moorings for which a determination of safety hasn't
been provided to the harbor master shall not be reinstalled until
such determination is received and approved by the harbor master.
(6)
Any person,
association, corporation or group receiving a permit for a mooring
location in the harbor management area shall pay an annual mooring
permit fee not to exceed the maximum fee authorized by section G.S. §
22a-113s. Any mooring not permitted as above shall be considered abandoned
and subject to removal by the Town of Westbrook.
(7)
Mooring
permits located within the federal anchorage area within the Patchogue
River are not transferable. This includes transfers within the family.
When the holder of an individual mooring within the federal anchorage
area no longer keeps his or her boat on the mooring, the harbor master
shall be notified by the holder, and the mooring will become available
for reassignment from the waiting list administered by the Westbrook
Harbor Management Commission. The permit holder of moorings in the
federal anchorage area may not lease or sell the mooring location.
Spouses are automatically considered co-permittees.
(8)
The maximum
boat length for any mooring located in the federal anchorage area
within the Patchogue River shall not exceed thirty-one (31) feet L.O.A.
(length over all). For the purpose of this requirement, length over
all is defined as the total measured length of a boat including the
furthest fixed appendage forward and the furthest fixed appendage
aft. Such fixed appendages shall include bow sprits, boat stern swim
platforms, outboard motors, anchor rollers and all similar appendages
or structures.
(9)
Any owner
of waterfront property has a legal right to access navigable water
from their property. This plan gives waterfront owners precedence
over other permit applicants for one (1) beach mooring in adjacent
waters. At such time that a greater demand for beach moorings occurs,
any beach moorings in excess of the one (1) mooring assigned to a
nearby waterfront property owner may be allocated through the use
of an assignment list similar to that used for allocation of moorings
in the federal anchorage area of the Patchogue River.
(10)
Permit
renewals for moorings located within the federal anchorage area of
the Patchogue River shall be submitted to the Westbrook Harbor Master
annually between January 1st and January 31st in any given year upon
payment of a fee to be determined annually by said commission. Permit
applications for existing moorings located within the federal anchorage
area not received by March 31st will go to the next applicant on the
waiting list if the permit holder fails to contact the harbor master
prior to March 31st of the year in question to explain the cause of
the delay in renewal.
(11)
Permit
renewals for all other moorings, including beach moorings, shall be
submitted to the Westbrook Harbor Master between January 1st and June
30th in any given year. Fees for such moorings will be established
on an annual basis by the Westbrook Harbor Management Commission.
(12)
An alphabetical
list of names holding valid permits for the federal anchorage area
and in other areas of Westbrook Harbor waters shall be maintained
in the Westbrook Harbor Management Commission in an area visible to
the public. A waiting list of applicants for a mooring permit within
the Federal Anchorage area will be similarly posted. Both lists will
include date of permit or date of application for a permit, name of
person, home address (no post office box numbers), telephone number,
length and draft of boat and location.
(13)
Mooring
permit application forms or mooring renewal forms shall be submitted
in duplicate form. An application for an annual mooring permit for
moorings within the federal anchorage area or a mooring renewal form
for all other moorings, when properly completed to the satisfaction
of the Westbrook Harbor Management Commission, will be date-stamped
by the harbor master. One copy shall be forwarded to the mooring applicant/renewer
as proof of receipt by the harbor master.
(14)
Any
dispute arising between a mooring permit holder or an applicant for
a mooring permit and the harbor master or the Westbrook Harbor Management
Commission over the interpretation or intent or these requirements
will be settled in a public meeting forum. In such cases, the mooring
applicant shall request the meeting from the chairman of the Westbrook
Harbor Management Commission in writing. The chairman and four (4)
other regular members of the commission and chosen by said chairman,
will form a panel to settle the dispute.
(15)
Mooring
fees shall be used exclusively by the Westbrook Harbor Management
Commission and/or the harbor master for administrative expenses of
the plan or for any other cost directly or indirectly connected to
the commission's responsibilities in administering this plan on behalf
of the residents of the Town of Westbrook.
[Ord. of 7-1-2014]
The board of selectmen shall hold a hearing within thirty (30)
days of receipt of the appeal, at which both the appellant and the
municipal official shall have an opportunity to be heard. Either the
appellant or the municipal official may request an extension of an
additional thirty (30) days in which to hold such hearing, or to continue
a hearing already begun. The board of selectmen may (a) uphold the
decision of the official; (b) amend the decision of the official;
or (c) reverse the decision of the official; provided, however, that
any such decision to amend or reverse the decision of the official
shall be based upon a finding by the board of selectmen that such
decision did not conform with the provisions of this Code of Ordinances
or with state statutes or regulations. Any decision by the board of
selectmen shall be in writing and shall state the reasons for its
decision.
