[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:
A.
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;
B.
To assist the Harbor Master in the assignment of moorings, the management
of mooring and anchorage areas, and the collection of mooring fees;
C.
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;
D.
To assist in the coordination of all public and private agencies,
commissions and other organizations which have interest or jurisdiction
within the harbor areas;
F.
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;
G.
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;
H.
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
A.
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.
B.
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.
