The goals of this chapter are to:
A. Provide
for the regulation of the public waters within the Town of Charlestown,
as described herein and hereafter referred to as the "coastal ponds,"
by establishing regulations that balance and manage the diverse uses
of the coastal ponds of the Town of Charlestown; and to minimize user
conflicts.
B. Ensure
that all waterway activities are occurring in a safe and controlled
manner so as to prevent unnecessary accidents through the administration
and enforcement of the Harbor Management Plan, and the rules and regulations
established pursuant hereto.
C. Provide
a mechanism to ensure that the administration and operational costs
of this chapter and the Harbor Management Plan are shared by the Town
of Charlestown, private and commercial mooring owners and other groups
or individuals as may be identified by the Coastal Pond Management
Commission, hereinafter described.
D. Regulate,
monitor, administer and manage all moorings placed in the coastal
ponds by providing fair and efficient means for mooring space allocation,
the continuation of mooring services and the maintenance of mooring
areas.
E. Maintain,
improve and develop public access opportunities to the coastal ponds
of the Town of Charlestown for the benefit of all user groups, including
those without boats who seek to use the coastal ponds for passive
and active recreation.
F. Remain
consistent with the goals and regulations of the Rhode Island Coastal
Resources Management Council, the Rhode Island Department of Environmental
Management, the State Guide Plan and the United States Army Corps
of Engineers.
G. Maintain
and improve the quality of water within the jurisdictional boundaries
of the Town of Charlestown.
H. Maintain
compliance with the Town of Charlestown Comprehensive Plan, as the
same may be amended from time to time.
The following definitions will apply to this chapter and any
regulations that are adopted pursuant to Chapter 96-5 hereof:
ANCHOR
To secure a vessel temporarily to the bottom of a water body
by dropping an anchor or other ground tackle from a vessel.
BREACHWAY
A connecting channel, usually between a coastal pond and
the ocean, which permits water exchange between the two.
CHANNEL
Any water areas that are reserved for unobstructed movement
of vessels.
COASTAL POND MANAGEMENT COMMISSION
An appointed group of residents who are responsible for overseeing
and instituting the Town Harbor Management Plan's rules and regulations.
COASTAL PONDS
Ninigret Pond, Quonochontaug Pond and Green Hill Pond, described
as coastal ponds or lagoons located behind a barrier beach which,
in their natural condition, permanently or occasionally exchange waters
with the ocean.
FAIRWAY
Any locally designated water areas reserved for unobstructed
movement of vessels.
HARBOR MASTER
An official appointed by the Town Council of the Town of
Charlestown upon the recommendation of the Town Administrator to carry
out the provisions of this chapter or any other ordinance and any
additional regulations subsequently adopted for the implementation
of the ordinance.
LAUNCHING RAMP
A man-made or natural facility used for the launching and
retrieval of boats.
MARINA
Any dock, pier, wharf, float, floating business, or combination
of such facilities that services five or more recreational boats.
MARINE SANITATION DEVICE (MSD)
A specific piece of machinery or system of machinery that
is dedicated to treat, process, and/or store raw, untreated sewage
that can accumulate onboard water vessels. It does not refer to portable
devices such as portable toilets.
MOOR
To permanently secure a vessel to the bottom of the water
body by the use of mooring tackle.
MOORING
A place or a semipermanent anchorage installation consisting
of a heavy anchor, mooring buoy and a pennant whereby buoyant vessels
are secured to the bottom of a water body in accordance with this
chapter.
MOORING PERMIT, COMMERCIAL
A permit issued to a commercial entity by the harbor master,
and where the mooring tackle associated with the mooring permit is
located on the coastal ponds within a Coastal Resources Management
Council approved mooring field and can be rented by the permit holder
for profit.
MOORING PERMIT, PRIVATE
A mooring permit that is issued by the harbormaster to an
individual, or a waterfront association within the coastal ponds,
and where the mooring tackle associated with the mooring permit is
used by the permit holder.
MOORING SPACE
The water space assigned to a permit holder by the harbor
master, where the mooring tackle associated with the mooring permit
is placed.
MOORING TACKLE
The hardware used to secure a vessel at a mooring and which
is kept in place seasonally or semiperanently.
MOORING, WATERFRONT
A mooring held by a riparian property owner under a permit
granted by the Town of Charlestown, and which is located within the
coastal waters bordering that property as bounded by the seaward extension
of that property's lateral lot lines.
OUTHAUL
Non-single-point anchoring device, for the purpose of securing
a boat in tidal waters and retrieving it from shore.
PERSON
An individual, group of people, firm, association, organization,
partnership, trust, company or corporation.
RECREATIONAL BOATING FACILITY
A marina, launching ramp, residential and limited recreational
boating facilities, recreational wharves, piers, and slips, floats
or floating docks, and recreational mooring areas.
REGISTERED OWNER
The person owning the vessel assigned to a mooring permit
at the time of issue.
RESIDENT
Any person whose legal residence is the Town of Charlestown
or any person resident in another community or state but who owns
real estate within the Town of Charlestown.
RESIDENTIAL BOATING FACILITY
A dock, pier, wharf, or float, or combination of such facilities,
contiguous to a private residence, condominium, cooperative or other
homeowners' association properties that may accommodate up to four
(4) boats.
RIGHT-OF-WAY
An unobstructed path or corridor from a public thoroughfare
or facility leading to or along the coastal ponds and shoreline areas
below the mean high-water mark.
TRANSIENT MOORING
Any mooring designated for rental and short term use on a
first come, first serve basis.
VESSEL
Every description of watercraft, other than a seaplane on
water, used or capable of being used as a means of transportation
on water. Specifically excluded by this definition are floating homes
or houseboats.
VESSEL, COMMERCIAL
Any type of vessel used primarily for any type of commercial
venture, including but not limited to fishing, towage, salvage and
the carrying of passengers for hire.
WATERFRONT ASSOCIATION
A homeowners' association, where the homeowners within the
association all have deeded use of a waterfront right of way or a
parcel of waterfront property.
The coastal ponds of the Town of Charlestown are those coastal
ponds within the jurisdiction of the corporate boundaries of the Town
of Charlestown known as "Ninigret Pond" and "Quonochontaug Pond" and
all other coastal waters not otherwise named within the Town's jurisdiction.
The Coastal Pond Management Commission shall be the local regulatory
body authorized to regulate the coastal ponds of the Town through
the implementation of the Harbor Management Plan, ordinances, and
regulations. The Coastal Pond Management Commission shall enforce
the provisions and ordinances of the Harbor Management Plan as well
as adopt additional policies, rules and regulations for the implementation
of the Harbor Management Plan and subsequent ordinances and perform
all acts necessary and consistent with the Harbor Management Plan
and such ordinances, subject to the approval of the Charlestown Town
Council and the Coastal Resources Management Council.
A. Composition.
The Coastal Pond Management Commission shall consist of seven (7)
resident members appointed by the Town Council after duly advertising
the availability of these positions, with representation from each
of the following groups, to the extent possible: two (2) recreational
boaters, one (1) commercial fisherman, one (1) commercial marina or
marine-related service operator, one (1) residential shorefront property
owner and two (2) undesignated members, one (1) of whom shall be a
resident of the Town of Charlestown north of Route 1. At least one
(1) member of the Commission shall have a boat moored or docked on
Ninigret Pond, and at least one (1) member shall have a boat moored
or docked on Quonochontaug Pond. In the event that the Town Council
does not have sufficient applicants from any particular representative
group described above, the position shall be filled with any otherwise
qualified candidate.
B. Appointments.
Members shall be appointed by the Town Council for terms consisting
of three (3) years. Appointments shall be staggered so that approximately
one-third (1/3) of the membership terms shall expire each year.
C. Vacancies.
To the extent possible, vacancies shall be filled from the group in
which the vacancy occurred.
D. Officers.
A Chairman, Vice Chairman and Secretary shall be elected by the members
of the Commission. Meetings shall be called by the Chairman or at
the request of at least three (3) members of the Commission. The Secretary
shall keep minutes of all meetings and file such minutes with the
Town Clerk.
E. Powers
and duties. The Coastal Pond Management Commission shall be a local
regulatory body authorized to regulate the coastal ponds of the Town
through the implementation of the Harbor Management Plan, ordinances,
and regulations. The Coastal Pond Management Commission is authorized
to:
(1) Recommend to the Town Council the adoption of rules, regulations,
fees, penalties and other amendments to the Harbor Management Plan
and any subsequent ordinances which may be necessary to fulfill the
goals and objectives of the Harbor Management Plan.
(2) Recommend additional authorities and duties for the Harbor Master,
hereinafter detailed, with the approval of the Town Council.
(3) Assist in the preparation of an annual budget in accordance with
the provisions of the Town charter to expend moneys in the Coastal
Pond Management Fund as defined in Chapter 96-8.
(4) Act as a board of appeals, to hear any person aggrieved by any decision
of the Harbor Master in the enforcement and implementation of this
chapter and the regulations adopted hereunder. The Coastal Pond Management
Commission shall file all of its decisions with the Town Clerk, and
any person aggrieved by a decision of the Coastal Pond Management
Commission may appeal said decision to the Town Council by filing
a notice of appeal with the Town Clerk within fifteen (15) days after
filing of the decision.
(5) Review and revise as necessary the Harbor Management Plan and its
ordinances and regulations for the Town Council and Coastal Resources
Management Council approval. The Harbor Management Plan and any ordinances
and regulations adopted pursuant thereto shall be reviewed and revised
at least once every five (5) years.
F. Ex
officio members.
(1) The Harbor Master shall be a nonvoting, ex officio member of the
Coastal Pond Management Commission.
(2) The Chairman of the Conservation Commission, or his/her designee,
shall be a nonvoting, ex officio member of the Coastal Pond Management
Commission.
(3) To enable the Coastal Pond Management Commission to coordinate issues
of mutual concern between adjacent coastal municipalities, there may
be two (2) nonvoting, ex officio members from the Harbor Commission,
one (1) of South Kingstown and one (1) of Westerly, Rhode Island.
G. Compensation.
Coastal Pond Management Commission members may be compensated for
any normal expenses incurred in the performance of their duties but
shall otherwise not be compensated.
A Coastal Pond Management Fund is hereby created to receive
and expend moneys for coastal pond related purposes as determined
by the Coastal Pond Management Commission and approved by the Town
Council. All revenues generated by Town boat launching fees, mooring
permit fees, qualified mooring inspector fees, other fees of this
chapter and fines levied under the authority of this chapter shall
be deposited into this fund. Funds shall be disbursed for purposes
directly associated with the management and implementation of the
Harbor Management Plan and this chapter. Moneys from this fund shall
be allocated to the Harbor Master and/or his designee for the purpose
of enforcing the provisions of the Harbor Management Plan and/or this
chapter. The Coastal Pond Management Fund shall be established, budgeted
and administered in a manner consistent with the budget procedures
of the Town of Charlestown. It is not anticipated that receipts into
the fund will cover all costs of the Harbor Master and Coastal Pond
Management Commission. Accordingly, additional expenses will be provided
from general funds.
Persons using the coastal ponds of the Town of Charlestown shall
assume all risk of personal injury and damage or loss to their property.
The Town of Charlestown assumes no risk on account of accident, fire,
theft, vandalism or act of God.
All records relating to this chapter and the regulations promulgated
hereunder shall be maintained by the Charlestown Town Clerk, and all
violations shall be processed by the Harbor Master or the Police Department
in accordance with the provisions of law applicable thereto.