The Harbor and Coastal Zone Management Commission shall conduct
a hearing on each application referred to it. Such hearing, unless
for good cause shown, shall be at a regularly scheduled meeting of
the Harbor and Coastal Zone Management Commission, no less than 14
and no more than 62 days from the date of receipt of the complete
application by the Harbor and Coastal Zone Management Commission from
the Building Department.
Within 65 days of the close of the public hearing on the construction
or reconstruction permit the Harbor and Coastal Zone Management Commission
shall approve, approve with conditions or disapprove the application.
The time within which the Commission is designated to act may be extended
by mutual consent of the applicant and the Commission. Noncompliance
with the time requirements herein shall not be construed as a default
approval. The Harbor and Coastal Zone Management Commission shall
not approve an application for a permit if the Harbor and Coastal
Zone Management Commission finds that the marine structure for which
the permit was applied would, if erected, be detrimental to the desirability
or development of the harbor by reason of:
A. Method and manner of construction: unsuitable materials, methods
or design which can be reasonably expected to result in a marine structure
that may fail to accomplish its stated and intended purpose or will
present a safety hazard to any person utilizing the harbor for commercial
or recreational pursuits.
B. Inappropriateness of marine structure: inappropriate size, design
or material which will result in a marine structure that is ill-suited
or ill-adapted to its stated and intended purpose or is reasonably
anticipated to conflict with the lawful use of any existing marine
structure in the harbor or any land-based structure located within
500 feet of the proposed marine structure.
C. Conflict with the Harbor Management Plan: a determination that approval
of the marine structure would be inconsistent with or result in conflict
with the Harbor Management Plan or any of the activities stated in
this chapter.
D. An actual or potential hazard to navigation. No structure shall lie
within a channel, mooring area, or an anchorage area, or their buffer
area nor interfere with another's free and direct access to such waters.
The buffer area may be reduced by up to five feet by the Harbor and
Coastal Zone Management Commission upon a recommendation by the Harbor
Master that practical difficulties unique to the location exist and
a lesser buffer area will not result in a substantial interference
to navigation.
E. Significant, unmitigated, adverse aesthetic or environmental impacts.