[HISTORY: Adopted by the Board of Selectmen of the Town of Guilford 5-10-1999; amended in its entirety 7-1-2013. Subsequent amendments noted where applicable.]
Boards, commissions and committees — See Ch. 9.
Conservation Commission — See Ch. 14.
Economic Development Commission — See Ch. 20.
Marina Commission — See Ch. 80.
Parks and Recreation Commission — See Ch. 85.
Shellfish Commission — See Ch. 106.
Editor's Note: This ordinance also superseded former Ch. 48, Harbor Management Commission, adopted 6-4-1984.
The Town of Guilford desires to manage the Guilford harbor and its environs in an effective manner and to plan for safe and beneficial use and enjoyment of the "Harbor Management Area," as hereinafter defined.
The Town believes that the most responsible way to ensure safe and beneficial use of the Harbor Management Area and the protection of harbor resources is through implementation of a Town plan for management of the Town Harbor Management Area and establishment of regulations for use and protection of such area.
Pursuant to C.G.S. § 22a-113m, the Town of Guilford hereby adopts and approves the restated Harbor Management Plan dated December 3, 2012, as proposed by the Harbor Management Commission, reviewed by the U.S. Army Corps of Engineers, and approved by the State Department of Energy and Environmental Protection as of December 20, 2011. The restated Harbor Management Plan shall become effective as of August 9, 2013. A copy of the Plan shall be kept on file at the Town Clerk's office. The Plan is amended by a first amendment dated July 15, 2019, approved in accordance with C.G.S. § 22a-113m, with an effective date of December 13, 2019, which amendment is on file in the Town Clerk’s office.
The Harbor Management Commission shall consist of a minimum of five Commissioners plus the state-appointed Harbormaster acting as a nonvoting ex-official member. Full terms for Commissioners shall be four years. Initial appointments may be staggered to avoid having all terms expire simultaneously. There shall be two alternate members of the Harbor Management Commission. Any such alternate member shall, when seated, have all the powers and duties of a member of the Commission.
The Harbor Management Commission shall have all of the powers and duties granted to municipal harbor management commissions by C.G.S. § 22a-113k through t. The Commission shall provide for the annual review of the Harbor Management Plan and shall make any additions or modifications to the Plan that may be deemed appropriate, subject to the process set forth in C.G.S. § 22a-113m through o, as the same may be amended by the General Assembly.
The Harbor Management Commission shall have jurisdiction over the area located within the territorial limits of Guilford and below the mean high water mark from Hoadley Point at the west to Hogshead Point to the east, and includes the harbor sector. (Said area is collectively referred to as the "Harbor Management Area.") The harbor sector, as defined in the Plan, lies between Hogshead Point on the east and Tuttles Point on the west, and extends east-southeasterly to Bell No. 4 at Netties Reef at the entrance of the Federal Channel, and into the inner harbor. The Harbor Management Commission may also review and make recommendations, consistent with the Harbor Management Plan, on any proposal affecting real property on, in, or contiguous to the Harbor Management Area received by any municipal board or commission listed in C.G.S. § 22a-113p.
Any proposal affecting the real property on, in or contiguous to the Harbor Management Area that is received by any municipal board or commission listed in C.G.S. § 22a-113p shall be referred to the Harbor Management Commission to determine the consistency of such proposal with the Harbor Management Plan, in accordance with the requirements of such statute.
The Town Harbormaster is appointed by the Governor in accordance with the provisions of C.G.S. § 15-1. The Harbormaster is responsible for the general care and supervision of the Harbor Management Area in accordance with the authority granted, subject to the supervision of the Connecticut Department of Energy and Environmental Protection. The Harbormaster shall exercise his/her duties in a manner consistent with the Harbor Management Plan.
There shall be a Harbor Management Fund created to receive and expend moneys for harbor management purposes as determined by the Harbor Management Commission. All revenues generated by mooring permit fees, permit review fees and municipal fines levied for violations of the Harbor Management Plan shall be deposited into the Fund. Funds shall be disbursed for purposes directly associated with the management of the Harbor Management Area and implementation of the Harbor Management Plan. The Harbor Management Fund shall be budgeted and administered in a manner consistent with the procedures contained in the Town Charter and C.G.S. § 22a-113s.
General. The 1998 rules and regulations which were an appendix to the former Harbor Management Plan and were adopted by ordinance by virtue of the adoption of the former Plan remain in full force and effect. The Harbor Management Commission may, from time to time, propose to the Board of Selectmen the adoption, by ordinance, of such additional rules and regulations, and amendments thereto, as it shall deem necessary to implement the Plan. To the extent of any conflict between the terms of the Harbor Management Plan and the rules and regulations, the Harbor Management Plan shall control. A copy of the rules and regulations shall be kept on file at the Town Clerk’s office.
Moorings. In accordance with C.G.S. § 22a-113r and the Harbor Management Plan and in order to provide for adequate access for vessels, for the safety of persons and property and for the protection of natural resources, no vessel shall be moored in the Harbor Management Area without a current and valid permit from the Harbormaster.
Application for a mooring permit shall be made to the Harbor Management Commission and Harbormaster on a form provided by the Harbormaster that has been approved by the Harbor Management Commission.
Anyone receiving a permit for a mooring location in the Harbor Management Area shall pay an annual mooring permit fee to be established by the Harbor Management Commission, which fee shall not exceed the maximum fee authorized by C.G.S. § 22a-113s.
The Harbormaster shall keep a record of the location of each mooring and anchorage for which a permit has been issued, the name and address of the owner and a description of the vessel to be moored in accordance with C.G.S. § 22a-113r.
Other boards and commissions. Nothing contained within this chapter shall abridge the legal authority of any board, commission or agency of the Town to make, publish, adopt, repeal, change or amend its rules or regulations in accordance with all applicable laws, including, but not limited to C.G.S. § 22a-113n.
The Harbor Management Commission, the Harbormaster and duly authorized agent(s) acting under the direction and jurisdiction of the Harbor Management Commission shall have authority to enforce this chapter, the Harbor Management Plan and the rules and regulations pertaining thereto pursuant to the provisions of this chapter and C.G.S. § 22a-113r, except as otherwise required by the Connecticut General Statutes or otherwise subject to the jurisdiction of another state or local agency.
The Connecticut Department of Energy and Environmental Protection is responsible for the issuance of dock permits and the enforcement of violations of permit requirements and dock standards set forth in Section 6.7 of the Harbor Management Plan, under the authority granted in C.G.S. §§ 22a-361(c) and 22a-113n(b), except as otherwise required by law.
The Connecticut Commissioner of Environmental Protection is generally responsible for the overall coordination of enforcement of the safe operation of vessels and boating laws set forth in § 15-121 through § 15-176 of Chapter 268 of the Connecticut General Statutes, except as otherwise required by law. The Harbormaster may seek state or local police assistance, as applicable, for violations of the state boating laws.
Nothing contained herein shall prohibit or limit the enforcement powers of any other official as provided by state or local laws.
Any violation of this chapter or any regulations in the Harbor Management Plan, or regulations adopted subsequent thereto, is subject to a municipal citation not to exceed $100, which shall be imposed by the Harbormaster for each violation of this chapter as provided under C.G.S. § 7-148(c)(10); provided, however, that the violator has first been issued a written warning for said violation by the Harbormaster or Harbor Management Commission. Each day of violation shall be considered a separate offense and subject to separate citations. The provisions of this section are in addition to and do not supersede any penalties resulting from simultaneous violations of state or federal laws, to the extent permitted by law.
Repeated violations of the provisions of this chapter relating to mooring permits in the Harbor Management Area may, after due notice, result in revocation of the mooring permit.
The Harbormaster may request a Guilford police officer to remove the vessel of a person who has violated state laws set forth in Chapter 263 of the Connecticut General Statutes in accordance with the provisions of C.G.S. § 15-9 and the state regulations pertaining thereto.
Any person issued a municipal citation pursuant to § 48-10 shall be entitled to a hearing to contest the citation. The Town hereby specifically adopts the provisions of C.G.S. § 7-152c for the establishment of a citation hearing process to contest citations issued pursuant to this chapter. The procedures for notice, hearing, disposition, appeal and enforcement shall be as set forth in C.G.S. § 7-152c. The citation hearing process shall not apply to those violations which are otherwise governed by state statute.
Should any provisions of this chapter be found with finality by a court of competent jurisdiction to be prohibited by the Connecticut General Statutes, the provisions of such statutes shall prevail. If any provision of this chapter is found to be invalid or unlawful, the remainder of the chapter shall remain in full force and effect as if such portion found to be invalid or unlawful were not originally part of this chapter.