SHMC Establishment Ordinance

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Stonington Harbor Management Commission

HARBOR MANAGEMENT COMMISSION- STONINGTON

 

        ORDINANCE RE:   CREATION OF STONINGTON HARBOR MANAGEMENT COMMISSION

 

WHEREAS, certain navigable waters within the Town have been and continue to be used for recreation, fishing, commercial and other uses; and

 

WHEREAS, Town property owners of land bordering the waters have been erecting and continue to erect wharves, piers and other structures of various sizes and length; and

 

WHEREAS, many persons anchor and place moorings within the navigable waters with and without permission from the Harbor Master; and

 

WHEREAS, the foregoing has and continues to occur in a manner not consistent with an overall plan for property management and development of the waters; and

 

WHEREAS, the foregoing has created congestion of vessels and impeded navigation, impeded resources within the waters, and has created inequities in the use of and access to the waters; and

 

WHEREAS, the waters represent important and vital features of the Town of Stonington, its people, its guests and its businesses, in that the waters provide scenic, recreational, fishing, navigation and resources; and

 

WHEREAS, the Town has determined it is in the public interest to thoroughly analyze the past, current and future uses of the waters in order to develop a comprehensive plan for the use, development, management and preservation of the waters; and

 

WHEREAS, the Town's navigable waters share a common boundary with navigable waters of the Borough of Stonington, which adjoining waters possess features and problems similar to those of the Town waters; and

 

WHEREAS, the Town and the Borough of Stonington share common concerns relating to their respective waters and share common goals in the use, development, management, and preservation of the waters; and

 

WHEREAS, the Town of Stonington and the Borough of Stonington desire to create by concurrent ordinance a commission consisting of an even number of persons of the Borough and the Town to develop and adopt a comprehensive plan for the use, development, management and preservation of the joint waters.

 

NOW, THEREFORE, BE IT ORDAINED BY THE LEGAL VOTERS OF THE TOWN OF STONINGTON IN LAWFUL MEETING DULY ASSEMBLED:  THAT

 

Section 1-1.  There shall be and hereby is created a commission to consist of ten (10) members, five (5) of whom are electors in the Town of Stonington and whom are not electors of the Borough of Stonington, and whom are appointed to the commission by majority vote of the Board of Selectmen.  The remaining five (5) members shall be from the Borough of Stonington and appointed in a manner provided by the Borough of Stonington.

 

Section 1-2.  The Harbor Master appointed under Title 15 of the Connecticut General Statutes for Stonington Harbor shall be an ex-officio member, without vote.

 

Section 1-3.  The term of all members shall be three (3) years except at the first appointment of the Commission two (2) members appointed by the Board of Selectmen shall hold office for two (2) years.  If a member shall terminate in advance of the expiration of his or her term, his or her replacement shall be appointed to complete his or her term.  No member of the Commission shall receive compensation for services but may be reimbursed for any necessary expenses.

 

Section 1-4.  The territorial limits of the waters which shall constitute the jurisdictional limits of the Commission, shall include the following:

 

(a)  the waters laying east of Wamphassuc Point, south of the Conrail railroad embankment and the shoreline eastward to the Borough of Stonington, west of the western shoreline of the Borough of Stonington and north of the westerly breakwater and of a line between its eastern end and the red and green buoy "SP" laying south of Stonington point, (and to)

 

(b)  the waters laying east of the eastern shoreline of the Borough of Stonington and north of the line running from the aforesaid buoy "SP" true East to the Connecticut-Rhode Island border, thence following the state border north and thence generally eastward to buoy "19", thence north to the tip of Pawcatuck Point.

 

Section 1-5.  The Harbor Management Commission shall have all the powers and duties over the waters described in Section 1-4, as set forth in Chapter 444A, Section 22a-113k, et. seq., including any amendments that may be enacted from time to time.

 

Section 1-6.  Any fees duly approved pursuant to Section 22a-113s shall be deposited into an account maintained by the Harbor Management Commission and administered by the Town of Stonington and used for the maintenance and improvements of the above described waters for the public and for expenses for personnel and equipment directly related to the function of the Commission or the Harbor Master or the Deputy Harbor Master.  The Commission shall present a proposed annual budget for approval by the Board of Warden and Burgesses and the Board of Selectmen and shall make monthly reports as to receipts and expenditures to the Board of Warden and Burgesses and the Board of Selectmen.

 

Section 1-7.  The Commission created herein shall be called the "Harbor Management Commission."

 

Section 1-8.  Effective Date.  This ordinance shall become effective fifteen (15) days after publication in a newspaper having a circulation in the Town of Stonington.

 

Adopted  May 31, 1989Effective  June 25, 1989

 

Ordinance adopted May 7, 1985 null and void due to a declaratory judgment of March 29, 1989 Superior Court.

 

See Charter Section 7-13 regarding membership