Pawcatuck River Harbor Management Comm.
ORDINANCE RE: PAWCATUCK RIVER HARBOR MANAGEMENT COMMISSION
WHEREAS, the Town of Stonington wishes to protect its marine resources and sensitive natural resource areas found along and in the Pawcatuck River Harbor; to provide greater public opportunities for water-based recreational activities; to maintain and enhance navigational facilities for the benefit of all Pawcatuck River Harbor users; to allocate land and water resources in an economically and environmentally sound manner; and
WHEREAS, the Town believes that the most equitable way of balancing competing uses in Pawcatuck River Harbor is to develop, adopt and implement a harbor management plan for the Connecticut side of the Pawcatuck River Harbor; and
WHEREAS, a harbor management commission could properly manage and plan for the Connecticut side of the Pawcatuck River Harbor;
THEREFORE, BE IT ORDAINED BY THE LEGAL VOTERS OF THE TOWN OF STONINGTON IN LAWFUL MEETING DULY ASSEMBLED: that
Section I. COMMISSION COMPOSITION. There shall be and hereby is created a Pawcatuck River Harbor Management Commission to consist of five (5) members and two (2) alternate members, who are electors and residents in the Town of Stonington and who are appointed by majority vote of the Board of Selectmen in conformity with Section II of this ordinance.
No person otherwise qualified may be or may remain a member of the Pawcatuck River Harbor Management Commission if she or he is or becomes a member of any other Town of Stonington Commission established to regulate harbor management in accordance with section 22a-113k of the Connecticut General Statutes.
In addition the harbor master or deputy harbor master appointed under Title 15 of the Connecticut General Statutes whose jurisdiction is the Connecticut side of the Pawcatuck River, shall be nonvoting ex-officio members.
Section II. COMMISSION MEMBER TENURE. The term of all regular voting members shall run for four (4) years and until their successors shall be appointed, except at the first appointment to the Commission one (1) member appointed by the Board of Selectmen shall hold office for two (2) years, and two (2) members shall hold office for three (3) years, and two (2) members shall hold office for four (4) years and until their successors shall be appointed. Terms of not more than two (2) members shall terminate in any single year. The appointments shall be made within sixty (60) days following the date on which this ordinance shall become effective. Should any member not complete the term of office for which she or he has been appointed for any reason, the said Board of Selectmen shall appoint a qualified person to fill that member's unexpired term of office. A Commission member can be removed by the Board of Selectmen upon request of the Commission, for failure to attend four (4) consecutive meetings without good reason.
Altertate members shall be appointed for two (2) years except that the initial term of one (1) alternate shall be for one (1) year. Alternate members shall serve in place of absent regular members, if necessary.
The Commission shall elect a chairperson and secretary, the Commission can form subcommittees to address specific duties of the Commission.
Section III. COMMISSION MEMBER COMPENSATION AND EXPENSES. No member of the Commission shall receive compensation for services but may be reimbursed for any necessary expenses.
Section IV. COMMISSION JURISDICTION. The territorial limits of the waters which shall constitute the jurisdictional limits of the Commission, shall include the following:
all the waters in the Pawcatuck River bounded in the westerly direction by the mean high water mark, bounded in a generally easterly direction by the Connecticut-Rhode Island border, bounded in the northerly direction by the Pawcatuck River Bridge (U.S. Route 1), and bounded on the south by buoy "19" and a line from buoy "19" to Pawcatuck Point.
Section V. COMMISSION POWERS, DUTIES AND RESPONSIBILITIES. The purpose of the Pawcatuck River Harbor Management Commission shall be to prepare a harbor management plan for the Pawcatuck River in accordance with Sections 22a-113m through 22a-113o of the Connecticut General Statutes. Upon adoption of the plan, the Commission shall provide for the annual review of the harbor management plan and shall make any additions and/or modifications to the plan that may be deemed appropriate subject to the process set forth in Sections 22a-113m through 22a-113o of the Connecticut General Statutes or other subsequent harbor management legislation enacted by the General Assembly. In addition, the Commission may exercise any of the following powers, duties and responsibilities:
- to recommend ordinances for adoption by the Town of Stonington which implement the harbor management plan and which may specify fines for violation of these ordinances, in accordance with Section 22a-113m of the Connecticut General Statutes;
- to assist the harbor master or deputy harbor master, whose jurisdiction is the Pawcatuck River, in the assignment of moorings, the management of moorings and anchorage areas and the collection of mooring fees after a local mooring fee system is established by ordinance;
- to prepare an operating budget for the Commission using funds from sources which may include, but are not limited to, local appropriations, mooring fees, violation fines, or a harbor management fund established by town ordinance;
- to assist in the coordination of all public and private agencies, commissions and other organizations which have interest or jurisdiction within the harbor area;
- to review and make recommendations on proposed land and water use activities contiguous to the waterfront and within the waters delineated in Section IV of this ordinance that are received for review by other municipal agencies, in accordance with the procedure described in Section VI of this ordinance;
- to review for consistency with the harbor management plan any public notice of an application for a local, state or federal permit for an activity taking place within the Commission's jurisdiction as described in Section IV of this ordinance, and to respond in a timely fashion with recommendations to the regulating agencies;
- to conduct or cause to be conducted, studies of the conditions and operations in land adjacent to the waters delineated in Section IV of this ordinance; and
- to request, when appropriate, a general permit from the United States Army Corps of Engineers and/or delegation of the state enforcement authority pursuant to Section 22a-2a of the Connecticut General Statutes.
Section VI. REFERRAL OF PROPOSALS SUBMITTED TO OTHER MUNICIPAL AGENCIES. Pursuant to Section 22a-113p of the Connecticut General Statutes, the Commission shall review and make recommendations, consistent with the adopted harbor management plan, on any proposal affecting the real property on, in, or contiguous to the waters delineated in Section IV of this ordinance submitted to any Town of Stonington agency, commission or authority, including but not limited to the Planning and Zoning Commission, the Zoning Board of Appeals, the Water Pollution Control Authority, and the Shellfish Commission. The Pawcatuck River Harbor Management Commission shall be notified in writing of any such proposal at least thirty-five (35) days prior to the commencement of the hearing thereon or where no hearing is held, at least thirty-five (35) days prior to the taking of any final action on the proposal. The respective municipal agency shall send a copy of the application/proposal to the Commission on request.
The primary reviewing agency authorized to act on the proposal shall consider the recommendations of the Commission. A two-thirds vote of all the members of the 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 on or before the date of the hearing or action on such a proposal shall be deemed an approval.
Section VII. SEVERABILITY. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid for any reason, such invalidity shall not affect the other provisions or any other application of this ordinance which can be given effect without the invalid provisions or application, and to this end, all the provisions of this ordinance are hereby declared to be severable.
Section VIII. FUNDING. Upon the passing of this resolution at Town Meeting, the Board of Selectmen be directed to request that the Board of Finance establish a line item of one hundred dollars ($100.00) for the purpose of funding the Pawcatuck River Harbor Management Commission.
Section IX. EFFECTIVE DATE. This ordinance shall become effective fifteen (15) days after publication in a newspaper having a circulation in the Town of Stonington.
Adopted August 21, 1989Effective September 13, 1989