[HISTORY: Adopted by the Town Council of
the Town of Stratford 8-10-1988. Amendments noted where applicable.]
A.
The Stratford Town Council finds that:
(1)
The waters of Long Island Sound and its coastal resources,
including tidal rivers, streams and creeks, wetlands and marshes,
intertidal mud flats, beaches and dunes, bluffs and headlands, islands,
rocky shorefronts and adjacent shorelands, form an integrated natural
estuarine ecosystem which is both unique and fragile.
(2)
The development of Stratford's coastal area has been
extensive and has had a significant impact on Long Island Sound and
its coastal resources.
(3)
Stratford's coastal area represents an asset of great
present and potential value to the economic well-being of its citizens,
and there is a public interest in the effective management, beneficial
use, protection and development of Stratford's coastal area.
(4)
Stratford's coastal area is rich in a variety of natural,
economic, recreational, cultural and aesthetic resources, but the
full realization of their value can be achieved only by permitting
development in suitable areas and by protecting those areas unsuited
to development.
(5)
The key to improved public management of Stratford's
coastal area is coordination at all levels of government and careful
consideration of the impact of development on both coastal resources
and future water-dependent development opportunities when preparing
plans and regulations and reviewing municipal and private development
proposals.
(6)
The population growth and economic development in
Stratford's coastal area have caused the loss of living marine resources,
wildlife and nutrient-rich areas and have endangered other vital ecological
systems and scarce resources.
B.
Municipal goals and policies. The following general
goals and policies are established by this chapter:
(1)
To ensure that the development, preservation or use
of the land and water resources of Stratford's coastal area proceeds
in a manner consistent with the capability of the land and water resources
to support development, preservation or use without significantly
disrupting either the natural environment or sound economic growth.
(2)
To preserve and enhance coastal resources in accordance
with the policies established by Chapters 439, 440, 447, 473, 474,
474a and 477 of the Connecticut General Statutes.
(3)
To encourage uses and facilities which are dependent
upon proximity to the water or the shorelands immediately adjacent
to marine and tidal waters.
(4)
To encourage uses on the coastal area that minimize
adverse impacts on natural coastal resources while providing long-term
and stable economic benefits.
(5)
To consider in the planning process the potential
impact of coastal flooding and erosion patterns on coastal development
so as to minimize damage to and destruction of life and property and
reduce the necessity of public expenditure to protect future development
from such hazards.
(6)
To encourage public access to the waters of Long Island
Sound by expansion, development and effective utilization of Town-owned
recreational facilities within the coastal area that are consistent
with sound resource conservation procedures.
(7)
To assist research in coastal matters to improve the
data base upon which coastal land and water use decisions are made.
(8)
To coordinate the activities of public agencies to
ensure that municipal expenditures enhance development while affording
maximum protection to natural coastal resources and processes in a
manner consistent with the State Plan of Conservation and Development,
adopted pursuant to Part I of Chapter 297 of the Connecticut General
Statutes.
(9)
To coordinate planning and regulatory activities of
public agencies to ensure maximum protection of coastal resources
while minimizing conflicts and disruption of economic development.
(10)
To ensure that the Town of Stratford provides adequate
planning for facilities and resources which are in the national interest
as defined in Section 22a-93 of the Connecticut General Statutes and
to ensure that any restrictions or exclusions of such facilities or
uses are reasonable.
C.
In addition to the policies stated in Subsection B, the following policies are established for municipal agencies in carrying out their responsibilities under this chapter:
(1)
Policies concerning development, facilities and uses
along Stratford's coastal area are to:
(a)
Manage uses in the coastal area through existing
municipal planning, zoning and other local regulatory authorities,
giving highest priority and preference to water-dependent uses and
facilities in shorefront areas.
(b)
Promote the development, reuse or redevelopment
of existing urban and commercial fishing ports, giving highest priority
and preference to water-dependent uses, including but not limited
to commercial and recreational fishing and boating uses; to disallow
uses which unreasonably congest navigation channels or unreasonably
preclude boating support facilities elf where in a port or harbor;
and to minimize the risk of oil and chemical spills at port facilities.
(c)
Encourage that structures in tidal wetlands
and coastal waters be designed, constructed and maintained to minimize
adverse impacts on coastal resources, circulation and sedimentation
patterns, water quality and flooding and erosion; to reduce to the
maximum extent practicable the use of fill; and to reduce conflicts
with the riparian rights of adjacent landowners.
(d)
Discourage the siting within the coastal boundary
of new tank farms and other new fuel and chemical storage facilities
which can reasonably be located inland and to encourage any new storage
tanks which must be located within the coastal boundary to abut existing
storage tanks or to be located in urban industrial areas and to be
adequately protected against floods and spills.
(e)
Make use of rehabilitation, upgrading and improvement
of existing transportation facilities as the primary means of meeting
transportation needs in the coastal area.
(f)
Encourage increased recreational boating use
of coastal waters, where feasible, by providing additional berthing
space in existing harbors, limiting non-water-dependent land uses
that preclude boating support facilities, increasing municipal-owned
launching facilities and providing for new boating facilities in natural
harbors and new protected waters areas and in areas dredged from dry
land.
(g)
Protect coastal resources by requiring, where
feasible, that such boating uses and facilities minimize disruption
or degradation of natural coastal resources, utilize existing altered,
developed or redevelopment areas, are located to assure optimal distribution
of municipal-owned facilities to the statewide boating public and
utilize ramps and dry storage rather than slips in environmentally
sensitive areas.
(h)
Protect and, where feasible, upgrade facilities
serving the commercial fishing and recreational boating industries;
to maintain existing authorized commercial fishing and recreational
boating harbor space unless the demand for these facilities no longer
exists or adequate space has been provided; and to design and lo#ate,
where feasible, proposed recreational boating facilities in a manner
which does not interfere with the needs of the commercial fishing
industry.
(i)
Require reasonable mitigation measures where
development would adversely impact historical, archeological or paleontological
resources that have been designated by the State Historic Preservation
Officer.
(2)
Policies concerning coastal land and water resources
within the coastal area are to:
(a)
Manage coastal bluffs and escarpments so as
to preserve their slope and toe; to discourage uses which do not permit
continued natural rates of erosion; and to disapprove uses that accelerate
slope erosion and alter essential patterns and supply of sediments
to the littoral transport system.
(b)
Manage rocky shorefronts so as to ensure that
development proceeds in a manner which does not irreparably reduce
the capability of the system to support a healthy intertidal biological
community, to pro vide feeding grounds refuge for shorebirds and finfish
and to dissipate and absorb storm and wave energies.
(c)
Preserve the dynamic form and integrity of natural
beach systems in order to provide critical wildlife habitats, a reservoir
for sand supply, a buffer for coastal flooding and erosion and valuable
recreational opportunities; to ensure that coastal uses are compatible
with the capabilities of the system and do not unreasonably interfere
with natural processes of erosion and sedimentation; and to encourage
the restoration and enhancement of disturbed or modified beach systems.
(d)
Manage intertidal flats so as to preserve their
value as a nutrient source and reservoir, a healthy shellfish habitat
and a valuable feeding area for invertebrates, fish and shorebirds;
to encourage the restoration and enhancement of degraded intertidal
flats; to encourage coastal uses that minimize change in the natural
current flow, depth, slope, sedimentation and nutrient storage functions;
and to discourage uses that substantially accelerate erosion or lead
to significant despoliation of tidal flats.
(e)
Preserve tidal wetlands and to prevent the despoliation
and destruction thereof in order to maintain their vital natural functions;
to encourage the rehabilitation and restoration of degraded tidal
wetlands; and, where feasible and environmentally acceptable, to encourage
the creation of wetlands for the purposes of shellfish and finfish
management, habitat creation and dredge spoil disposal.
(f)
Manage coastal hazard areas so as to ensure
that development proceeds in such a manner that hazards to life and
property are minimized and to promote nonstructural solutions to flood
and erosion problems except in those instances where structural alternatives
prove unavoidable and necessary to protect existing inhabited structures,
infrastructural facilities or water-dependent uses.
(g)
Promote the use of existing developed shorefront
areas for marinerelated uses, including but not limited to commercial
and recreational fishing, boating and other water-dependent commercial,
industrial and recreational uses.
(h)
Regulate shoreland use and development in a
manner which minimizes adverse impacts upon adjacent coastal systems
and resources.
(i)
Maintain the natural relationship between eroding
and depositional coastal landforms and to minimize the adverse impacts
of erosion and sedimentation on coastal land uses through the promotion
of nonstructural mitigation measures. Structural solutions are permissible
when necessary and unavoidable for the protection of infrastructural
facilities, water-dependent uses or existing inhabited structures
and where there is no feasible, less environmentally damaging alternative
and where all reasonable mitigation measures and techniques have been
provided to minimize adverse environmental impacts.
D.
In addition to the policies in this section, the policies
of the State Plan of Conservation and Development, adopted pursuant
to Part I of Chapter 297 of the Connecticut General Statutes, shall
be applied to the area within Stratford's coastal area in accordance
with the requirements of Section 16a-31 of the Connecticut General
Statutes.
As used in this chapter, the following terms
shall have the meanings indicated:
Includes but is not limited to degrading water quality through
the significant introduction into either coastal waters or groundwater
supplies of suspended solids, nutrients, toxins, heavy metals or pathogens
or through the significant alteration of temperature, pH, dissolved
oxygen or salinity; degrading existing circulation patterns of coastal
waters through the significant patterns of tidal exchange or flushing
rates, freshwater input or existing basin characteristics and channel
contours; degrading natural erosion patterns through the significant
alteration of littoral transport of sediments in terms of deposition
or source reduction; degrading natural or existing drainage patterns
through the significant alteration of groundwater flow and recharge
and volume of runoff; increasing the hazard of coastal flooding through
significant alteration of shoreline configurations or bathymetry,
particularly within high-velocity flood zones; degrading visual quality
through significant alteration of the natural features of vistas and
view points; degrading or destroying essential wildlife, finfish or
shellfish habitat through significant alteration of the composition,
migration patterns, distribution, breeding or other population characteristics
of the natural species or significant alteration of the natural components
of the habitat; and degrading tidal wetlands, beaches and dunes, rocky
shorefronts and bluffs and escarpments through alteration of their
natural characteristics or function.
Include but are not limited to locating a non-water-dependent
use at a site that is physically suited for a water-dependent use
for which there is a reasonable demand or has been identified for
a water-dependent use in the plan of development of the municipality
or the Zoning Regulations; replacement of a water-dependent use with
a non-water-dependent use; and siting of a non-water-dependent use
which would substantially reduce or inhibit existing public access
to marine or tidal waters.
The coastal waters of the Town of Stratford and their natural
resources, related marine and wildlife habitat and adjacent shorelands,
both developed and undeveloped, that together form an integrated terrestrial
and estuarine ecosystem. "Coastal resources" include the following:
COASTAL BLUFFS AND ESCARPMENTSNaturally eroding shorelands marked by dynamic escarpments or sea cliffs which have slope angles that constitute an intricate adjustment between erosion, substrate, drainage and degree of plant cover.
ROCKY SHOREFRONTS- Shorefronts composed of bedrock, boulders and cobbles that are highly erosion-resistant and are an insignificant source of sediments for other coastal landforms;
BEACHES AND DUNESBeach systems, including barrier beach spits and tombolos, barrier beaches, pocket beaches, land contact beaches and related dunes and sand flats.
INTERTIDAL FLATSVery gently sloping or flat areas located between high and low tides composed of muddy, silty and fine sandy sediments and generally devoid of vegetation.
TIDAL WETLANDSWetlands, as defined by Connecticut General Statutes, by Section 22a-29.
FRESHWATER WETLANDS AND WATERCOURSESWetlands and watercourses as defined by Connecticut General Statutes, Section 22a-38.
ESTUARINE EMBAYMENTSA protected coastal body of water with an open connection to the sea in which saline seawater is measurably diluted by fresh water, including tidal rivers, bays, lagoons and coves.
COASTAL HAZARD AREASThose land areas inundated during coastal storm events or subject to erosion induced by such events, including flood hazard areas as defined and determined by the National Flood Insurance Act, as amended (42 U.S.C. § 4101, P.L. 93-234), and all erosion hazard areas as determined by the State Commissioner of the Department of Environmental Protection.
DEVELOPED SHOREFRONTThose harbor areas which have been highly engineered and developed, resulting in the functional impairment or substantial alteration of their natural physiographic features or systems.
ISLANDLand surrounded on all sides by water.
NEARSHORE WATERSThe area comprised of those waters and their substrates lying between mean high water and a depth approximated by the ten-meter contour.
OFFSHORE WATERSThe area comprised of those waters and their substrates lying seaward of a depth approximated by the ten-meter contour.
SHORELANDSThose land areas within the coastal boundary, exclusive of coastal hazard areas, which are not subject to dynamic coastal processes and which are comprised of typical upland features such as bedrock hills, till hills and drumlins.
SHELLFISH CONCENTRATION AREASActual, potential or historic areas in coastal waters in which one or more species of shellfish aggregate.
A place on navigable waters, as defined by this section,
where waterborne commercial or recreational traffic enters for the
purpose of anchorage or docking or the unloading or receiving of cargo,
supplies, equipment, fuel or passengers.
Waters which are subject to the ebb and flow of the tide
shoreward to their mean high-water mark.
Waters which are physically capable of supporting waterborne
traffic and subject to the ebb and flow of the tide.
The Stratford Waterfront Authority established pursuant to
Special Laws No. 585 of page 790, approved June 7, 1957, as follows:
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Sec. 1. Created; duty to establish certain regulations.
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There shall be a Waterfront
Authority for the Town of Stratford. Said authority shall make regulations
concerning wharfs, channels, docks, wharf lines, bulkhead lines and
anchorage and mooring of vessels, the establishment of public bathhouses
and bathing beaches and the maintenance and the improvement of beaches
and harbor conditions and, in general, shall make regulations to improve
and enhance the natural waterways of the Town so that they may become
physical assets of the Town.
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Sec. 2. Composition; appointment and terms of
office of members.
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The Town Council of the Town
of Stratford shall, on or before June 1, 1957, appoint five persons
to serve as Commissioners on the Authority, one for five years, one
for four years, one for three years, one for two years and one for
one year. Each year thereafter, the Town shall appoint one person
as the successor of the member whose term shall expire, to serve five
years and until his successor is duly appointed by the Town Council.
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Sec. 3. Filling of vacancies.
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Any vacancies on said Authority
shall be filled by the Town Council for the unexpired portion of the
term.
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Sec. 4. Removal of members.
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Any member of the Authority
may be removed by the Town Council only for cause, after being given
a copy of charges against him and an opportunity to be heard on such
charges before the Town Council, and removal shall be effective only
upon the 2/3 vote of the Council.
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Sec. 5. Meetings.
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The members of the Authority
shall hold regular meetings at least once each month and shall hold
additional meetings as may be required in the proper discharge of
their duties.
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Sec. 6. Power to buy, sell, lease or condemn
land; issuance of bonds; levy and collection of fees.
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Said Authority shall, with
the approval of the Town Council, have the right to purchase, sell
and lease land and take land by eminent domain and have the power
to acquire financial assistance by the issuance of bonds and the power
to levy and collect fees.
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Sec. 7. Investigations; duty to hear petitions
and complaints.
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Said Authority shall make
investigations, hear petitions and complaints from citizens, conduct
investigations and hearings with regard to the carrying out the purposes
of the Authority and, from time to time, make such surveys, examinations
and observations as it may deem necessary with regard to carrying
out its purposes.
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Sec. 8. Employment of engineers, clerical help,
etc.
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Said Authority may employ
competent engineers and such clerical and other assistance as it may
deem necessary and proper to carry out the provisions of this Act.
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Sec. 9. Power of subpoena, etc; authority to
administer oaths.
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Said Authority shall have
the power to subpoena and require the attendance of witnesses and
the production by them of maps and papers pertinent to any investigation
and to administer oaths to such witnesses.
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Sec. 10. Annual report to Town Council.
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Said Authority shall report
annually to the Town Council concerning its activities and needs with
details of expenditures.
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Those uses and facilities which require direct access to
or location in marine or tidal waters and which therefore cannot be
located inland, including but not limited to marinas, recreational
and commercial fishing and boating facilities, finfish and shellfish
processing plants, waterfront dock and port facilities, shipyards
and boat building facilities, water-based recreational uses, navigation
aides, basins and channels, industrial uses dependent upon waterborne
transportation or requiring large volumes of cooling or process water
which cannot reasonably be located or operated at an inland site and
uses which provide general public access to marine or tidal waters.
The Stratford Waterfront Authority established pursuant to
Special Laws No. 585 of page 790, approved June 7, 1957, combined
with the Stratford Harbor Management Commission established pursuant
to Section 22a-113k of the Connecticut General Statutes, as amended.
A.
General provisions.
(1)
The Town of Stratford hereby designates the Stratford
Waterfront Authority, previously established pursuant to Special Laws
1957, No. 585, page 790, approved June 7, 1957, as a Harbor Management
Commission pursuant to Section 22a-113k of the Connecticut General
Statutes, as amended. The combined Stratford Waterfront Authority
and Harbor Management Commission shall be known as the "Stratford
Waterfront and Harbor Management Commission."
(2)
The combined Commission shall be composed of 11 members,
electors of the Town of Stratford, to be appointed by the Stratford
Town Council, and may include one member representing each of the
following: the Stratford Conservation Commission, the Stratford Planning
and Zoning Commission, the Stratford Inland Wetlands Commission, the
Stratford Shellfish Commission and the Stratford Flood and Erosion
Control Board. The Harbor Master for the Town of Stratford shall be
a nonvoting ex officio member of the combined Commission. In addition,
there shall be two alternate members to be appointed by the Stratford
Town Council, both of whom shall be electors of the Town of Stratford.
The five current members of the Stratford Waterfront Authority shall
be members of the Stratford Waterfront and Harbor Management Commission
and shall continue in office until their respective terms expire.
The Stratford Town Council shall initially appoint the remaining six
members, together with the two alternate members, as follows: One
regular member shall be appointed for a term expiring on May 31,1989,
one regular member and two alternate members shall be appointed for
terms expiring on May 31, 1990, one regular member shall be appointed
for a term expiring on May 31, 1991, one regular member shall be appointed
for a term expiring on May 31, 1992, and two regular members shall
be appointed for terms expiring on May 31, 1993. Thereafter, alternate
members shall be appointed by the Stratford Town Council for terms
of two years to replace those alternate members whose terms expire,
and regular members shall be appointed by the Stratford Town Council
for terms of five years to replace those regular members whose terms
expire. The Commission shall elect annually a Chairman, a Vice Chairman
and a Clerk from its own number. Each member and alternate shall continue
in office until his successor is duly appointed.
(3)
All members and alternates shall serve without compensation.
(4)
Any member or alternate may be appointed for another
term or terms.
(5)
Vacancies shall be filled for the unexpired term and
in the same manner as the original appointment.
(6)
If a regular member of said Commission is absent or
has a conflict of interest, the Chairman of the Commission shall designate
an alternate to so act, choosing alternates in rotation so that they
shall act as nearly equal a number of times as possible. If any alternate
is not available in accordance with such rotation, such fact shall
be recorded in the minutes of the meeting.
(8)
No member or alternate member of such Commission shall
participate in the hearing or decision of such Commission of which
he is a member upon any matter in which he is directly or indirectly
interested in a personal or financial sense. In the event of such
disqualification, such fact shall be entered on the records of such
Commission, and replacement shall be made from alternate members with
an alternate to act as a member of such Commission in the hearing
and determination of the particular matter or matters in which the
disqualification arose.
B.
Jurisdiction of the Commission. The jurisdiction of
the Commission, in furtherance of the statutory authority permitted
to be delegated by Connecticut General Statutes, Section 22a-113k,
as amended, shall be all those areas within the territorial limits
of the Town of Stratford below the mean high-water mark. The jurisdiction
of the Commission above the high-water mark, in furtherance of Special
Laws 1957, No. 585, page 790, approved June 7, 1957, shall be as set
forth in said special legislative act.
The Commission, in consultation with the Commissioners
of Environmental Protection and Transportation, shall prepare or cause
to be prepared a management plan for the most desirable use of the
Stratford coastal area and harbors for recreational, commercial, industrial
and other purposes. The plan shall provide for the preservation and
use of the coastal resources of the coastal area and harbors in a
manner consistent with the provisions of Sections 22a-90 to 22a-112,
inclusive, of the Connecticut General Statutes and any municipal coastal
plan adopted pursuant to Section 22a-101 of the Connecticut General
Statutes. A copy of the plan shall be forwarded to the United States
Army Corps of Engineers for review, comments and recommendations.
Such plan shall be submitted for approval to the Commissioners of
Environmental Protection and Transportation.
A.
The plan shall identify existing and potential harbor
problems, establish goals and make recommendations for the use, development
and preservation of Stratford's coastal area and harbors. Such recommendations
shall identify officials responsible for enforcement of the plan and
propose ordinances to implement the plan. The plan shall include but
not be limited to provisions for the orderly, safe and efficient allocation
of the harbors for boating by establishing the location and distribution
of seasonal moorings and anchorages, unobstructed access to and around
federal navigation channels, anchorage areas and harbor facilities
and space for moorings and anchorages for transient vessels.
B.
Recommendations.
(1)
The plan may recommend:
(a)
Boundaries for development areas to be approved
and established by the Commissioner of Environmental Protection in
accordance with the provisions of Section 22a-360 of the Connecticut
General Statutes.
(b)
Designations for channels and boat basins for
approval and adoption by the Commissioner of Environmental Protection
in accordance with the provisions of Section 22a-340 of the Connecticut
General statutes.
(c)
Lines designating the limits of areas for the
location of vessels with persons living aboard to be approved and
adopted by the Director of Health in accordance with Section 19a-227;
(d)
Pump-out facilities, including the designation
of no-discharge zones, in accordance with Section 312 of the Federal
Clean Water Act.
(e)
Regulations for the operation of vessels on
the harbor pursuant to the provisions of Section 15136 of the Connecticut
General Statutes.
(2)
Upon adoption of the plan, any recommendation made
pursuant to this subsection shall be binding on any official of any
municipality or any other political subdivision when making regulatory
decisions or undertaking or sponsoring development affecting the area
within the Commission's jurisdiction, unless such official shows cause
why a different action should be taken.
In preparing the plan, the Commission shall
consider the following factors:
A.
Recreational and commercial boating.
B.
Recreational and commercial fisheries and shellfisheries.
C.
Fish and shellfish resources, including leased or
designated shellfish beds.
D.
Conservation of natural resources.
E.
Areas subject to high-velocity waters, including but
not limited to hurricanes, wave washes or tsunamis, that are designated
as V Zones on a Flood Insurance Rate Map published by the National
Flood Insurance Program.
F.
Exposed areas subject to flooding and erosion as defined
in Connecticut General Statutes, Section 25-70.
G.
Commercial and industrial uses that are water-dependent
as defined in Connecticut General Statutes, Section 22a-93(16).
H.
Water quality and public health.
I.
Recreational uses other than boating and fisheries.
J.
Water-dependent educational uses.
K.
Public access.
L.
Tidal wetlands, beaches and dunes, bluffs and escarpments
and intertidal flats as defined in Connecticut General Statutes, Section
22a-93.
The Commission may review and make recommendations
consistent with the plan on any proposal affecting the real property
on, in or contiguous to the harbor that is received by any Zoning
Commission, Planning Commission or combined Planning and Zoning Commission,
Zoning Board of Appeals, Historic District Commission, Flood and Erosion
Control Board, Harbor Improvement Agency, Port Authority, Redevelopment
Agency, Shellfish Commission, Sewer Commission, Water Pollution Control
Authority or special district with zoning or other land use authority.
Such agencies shall send a copy of any such proposal to the Commission
upon the request of such Commission. The Commission shall be notified
of any such proposal at least 35 days prior to the commencement of
the hearing thereon or, where no hearing is held, at least 35 days
prior to the taking of any final action on the proposal. The local
agency authorized to act on the proposal shall consider the recommendations
of the Commission. A 2/3 vote of all the members of the local agency
having authority to act on the proposal shall be required to approve
a proposal which has not received a favorable recommendation from
the 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.
Failure of the Commission to submit a recommendation shall be deemed
to be approval of the proposal.
Upon adoption of the plan, the Commission may
request a general permit from the United States Army Corps of Engineers
and delegation of enforcement authority pursuant to Connecticut General
Statutes Section 22a-2a.
A.
Upon adoption of the plan, no mooring or anchorage
shall be placed in the harbor without a permit from the Harbor Master
or Deputy Harbor Master for the municipality. Any permit granted by
the Harbor Master or Deputy Harbor Master shall be consistent with
the plan and shall expire on the 31st day of December next following
its issuance. The Harbor Master or Deputy Harbor Master 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. Such information shall be made available
to any officer authorized to enforce the provisions of Connecticut
General Statutes, Chapter 268.
B.
The Harbor Master or Deputy Harbor Master shall enforce
any ordinance adopted by the Town of Stratford to implement the plan.
[Amended 5-28-2013 by Ord. No. 13-17]
The Commission may propose a fee schedule for
a permit for a mooring or anchorage or any other activity within the
scope of the plan, to be adopted by vote of the Stratford Town Council.
The maximum annual fee for a mooring or anchorage shall not exceed
the maximum amount allowed by the State of Connecticut. The Harbor
Master or Deputy Harbor Master for the municipality shall collect
such fee. Any fee collected pursuant to this section shall be deposited
into a fund maintained by the Town of Stratford and shall be used
for the maintenance and improvement of the harbor for the public and
for expenses for personnel and equipment directly related to the function
of the Commission and the Harbor Master or Deputy Harbor Master.
A.
Pursuant to the authority granted by Section 7-147
of the Connecticut General Statutes, as amended, the Stratford Waterfront
and Harbor Commission is authorized to administer the provisions of
said Connecticut General Statutes, Section 7-147, as amended. Said
Commission may, within its jurisdiction, establish lines along any
part of any waterway beyond which, in a direction of the waterway,
no permanent obstruction or encroachment shall be placed by any private
person or any firm or corporation, unless permission is granted in
writing by said Commission. In establishing such lines, the Stratford
Waterfront and Harbor Management Commission shall base its location
on the boundaries of the area which would be inundated by a flood
similar in size to one or more recorded floods which have caused extensive
damages in such area or on a size of flood computed by accepted methods
applicable generally throughout the state or a region thereof. The
determination of the size of the flood and the boundaries of the inundated
area shall take into consideration the effects of probable future
developments. The position of the lines may vary from the boundaries
of the inundated area so as to minimize the area of land to be regulated
when a portion of the inundated area does not contribute to the flood-carrying
capacity of the waterway. The position of the lines shall, insofar
as practical, equitably affect riparian properties and interests depending
upon existing topography and shall be interdependent throughout the
reaches of the waterway and shall conform with the requirements of
the federal government imposed as conditions for the construction
of flood control projects. When the existing waterway, because of
natural or man-made constrictions, is such that such lines cannot
be established by standard engineering methods, a channel may be adopted
whereby the removal of such constrictions may be anticipated so that
reasonable lines can be established by the methods applicable to the
state generally. When the flood boundary falls along the channel banks,
the lines shall be placed at the top of the banks. The Stratford Waterfront
and Harbor Commission may grant or deny permission based on a finding
of the effect of the obstruction or encroachment on the flood-carrying
and water-storage capacity of the waterways and floodplains, flood
heights, hazards to life and property and the protection and preservation
of the natural resources and ecosystems of the Town of Stratford,
including but not limited to ground- and surface water, animal, plant
and aquatic life, nutrient exchange and energy flow, with due consideration
given to the results of similar encroachments constructed along the
reach of the waterway.
B.
Any private person or any firm or corporation aggrieved
by any decision of the Stratford Waterfront and Harbor Commission
made in accordance with this section may, within 30 days after notice
thereof, appeal from such decision in the manner provided by Section
8-8 of the Connecticut General Statutes for appeal from the decisions
of a Municipal Zoning Board of Appeals.
[Added 11-14-1994; amended 12-13-1999 by Ord. No. 99-07]
The Stratford Town Council, as the duly established
legislative body for the Town of Stratford, does hereby adopt, pursuant
to § 22a-113m of the Connecticut General Statutes, the aforesaid
Stratford Harbor Management 1999 Plan Addendum, to be effective 30
days from final passage.
[Added 6-10-1996 by Ord. No. 96-03]
A.
Harbor Management Fund created. A Town Harbor Management Fund is hereby created to receive and expend moneys for harbor management purposes determined by the Waterfront and Harbor Management Commission. All revenues generated by permits for mooring or anchorage or any other activity within the scope of the Harbor Management Plan, as authorized by § 210-10 of this chapter; Town boat launching permits; fees for lease or other use of Town waterfront land; and fines levied under the provisions of this chapter as it applies to the Harbor Management Area shall be deposited into this fund along with all other moneys generated or allocated specifically for waterfront and harbor management purposes.
B.
Annual budget. On an annual basis the Waterfront and
Harbor Management Commission shall present a budget of all proposed
expenditure of funds from the Harbor Management Fund to the Town Council.
The Town Council will then approve, reject or modify the budget as
it deems appropriate. Funds shall only be expended from the Harbor
Management Fund in accordance with the annual budget authorized by
the Town Council.
C.
Use of the Harbor Management Fund. Upon approval by
the Town Council, funds shall be disbursed for purposes directly associated
with the management and improvement of Stratford's Harbor Management
Area and implementation of the Stratford Harbor Management Plan. Moneys
from the Harbor Management Fund may be allocated to the Stratford
Harbor Master, his Deputy or other official appointed by the Waterfront
and Harbor Management Commission for the purpose of carrying out the
provisions of the Stratford Harbor Management Plan and applicable
sections of the Stratford Code.
D.
Audit of funds. The waterfront and Harbor Management
Commission shall regularly audit the Harbor Management Fund and report
to the Town Council on the status, use and allocation of all moneys
from the fund.
