[HISTORY: Adopted by the City Council of the City of West Haven 6-14-2004. Amendments noted where applicable.]
The Harbor Management Commission shall consist of five members who must be electors and residents of the City of West Haven at a time during their tenure. No more then three of the members shall be members of the same political party. The Harbor Master shall serve as an ex-officio member of the Commission, without vote. The Harbor Master of New Haven shall act as West Haven Harbor Master. No regular member of the Harbor Management Commission shall receive compensation for the service but may be reimbursed for any necessary expenses.
The Mayor shall appoint members of the West Haven Harbor Commission. Appointed members shall serve for two-year terms except as follows. A replacement member shall serve the term of the member replaced. The terms of the initial members shall be as follows: two members for a term to expire December 31, 2005, two members for a term to expire December 31, 2006, and one member for a term to expire December 31, 2007. In the event of a resignation or termination, the Mayor shall appoint a replacement to complete the term of the member. No member of the Commission shall receive compensation for service but may be reimbursed for expenses incurred while acting on behalf of the Commission.
The area of the City of West Haven within the jurisdiction of its Harbor Management Commission shall be the waters within the territorial boundaries of the City of West Haven and below the mean high water line. Said Commission is directed, in preparing a Harbor Management Plan in accordance with the duties and responsibilities under the provisions of Section 22a-113m of the General Statutes of the State of Connecticut, to consult and take into consideration any Harbor Management Plan or policies developed by any political subdivision of the City of West Haven or adjacent municipality with respect to those waters of the City of West Haven within or adjacent to the geographical boundaries of said political subdivision. Any such political subdivision of the City of West Haven or adjacent municipality, pursuant to the rights granted to it under this section, shall upon its request have the right to a hearing before the West Haven Harbor Management Commission, at which time it may present relevant testimony, materials and exhibits in support of its plan or policies with regard to management of the waters of the jurisdiction. The rights granted in the policies subdivision of the City of West Haven in this section shall be in addition to and not in lieu of any other rights that they may have under the General Statutes with regard to the participation in the preparation and adoption of a Harbor Management Plan for the waters of the City of West Haven.
The purpose of the Harbor Management Commission shall be to prepare a Harbor Management Plan for the harbor 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 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 City Council which implement the Harbor Management Plan and which may specify fines for violation of those ordinances, in accordance with Section 22a-113m of the Connecticut General Statutes;
To assist the Harbor Master in the assignment of moorings, the management of mooring and anchorage areas, and the collection of mooring fees;
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 City ordinances;
To assist in the coordination of all public and private agencies, commissions and other organizations which have interest or jurisdiction within the harbor areas;
To review for consistency with the Harbor Management Plan any public notice of and application for a local, state or federal permit for an activity taking place within the Commission's jurisdiction as described in § 20-3 of this chapter, and to respond in timely fashion with the recommendations to the regulating agencies;
To conduct or cause to be conducted, studies of the conditions and operations in and adjacent to West Haven waters and to present to the City Council proposals for the harbor's efficient operation;
To request, when appropriate, a general permit from the United States Army Corps of Engineers and/or delegation of state enforcement authority pursuant to Section 22a-2a of the Connecticut General Statutes; and
Pursuant to Section 22a-113p of the Connecticut General Statutes, the Commission shall review and make recommendations, consistent with the adopted Harbor Management Plan, for any proposal affecting the real property on or in or contiguous to the area within the jurisdiction of the Commission submitted to the Planning Commission, the Zoning Board of Appeals, the Water Pollution Control Authority, the Inland Wetlands Commission, the Conservation Commission or the Parks and Recreation Commission. The Harbor Management Commission shall be notified in writing of any such proposal at least 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.
The primary reviewing agency authorized to act on the roposal shall consider the recommendations of the Commission. A 2/3 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 the proposal. Failure of the Commission to submit recommendations on or before the date of the hearing or action on such a proposal shall be deemed an approval.