[Ord. No. 55-2003, 6-17-2003]
Vessels shall be operated in Belfast Harbor in a reasonable
manner so as not to endanger persons or property or to cause excessive
wash. Within the anchorage or mooring areas, headway speed shall not
exceed five knots or such speed as may be necessary for maintaining
steerage and control.
[Ord. No. 55-2003, 6-17-2003]
No person shall refuse to obey a lawful order of the harbormaster.
[Ord. No. 55-2003, 6-17-2003; Amd. of 5-2-2012]
No vessel shall anchor in a manner so that any portion of the
vessel, anchor or line shall lie, at any time, within the boundaries
of the channel or any turning basin.
[Ord. No. 55-2003, 6-17-2003]
Boats may anchor only in those areas and for the length of time
permitted by the harbormaster.
[Ord. No. 55-2003, 6-17-2003]
Whenever a vessel arrives in the Port of Belfast having on board
any person afflicted with a contagious disease, the master, commander,
or pilot thereof, and the health officer of the City, shall comply
with the provisions of the Revised Statutes of Maine.
[Ord. No. 55-2003, 6-17-2003]
No person shall moor, or cause to be moored, any vessel, boat,
scow or raft to any buoy or beacon placed by the City, State of Maine,
or a United States government agency in Belfast Harbor, or willfully
destroy or injure a buoy or beacon.
[Ord. No. 55-2003, 6-17-2003]
No person shall deposit, throw, sweep or cause to be deposited
or swept, from any vessel, wharf, dock or other place, into the waters
of Belfast Harbor or into the waters adjacent thereto, any gas or
oil, or bilge water containing gas or oil, ashes, dirt, stones, gravel,
mud, logs, planks, or other substance tending to obstruct the navigation
of the waters adjacent thereto, or to shoal the depth of the harbor
or pollute the water thereof.
[Ord. No. 55-2003, 6-17-2003]
No person, firm, corporation, or other legal entity shall discharge,
spill, or permit to be discharged sewage, garbage, or other waste
material from a watercraft or houseboat, into waters of Belfast Harbor,
or on the ice thereof, or on the banks thereof, in such a manner that
the same may fall or be washed into such waters, or in such manner
that the drainage therefrom may flow into such waters.
[Ord. No. 55-2003, 6-17-2003]
No person shall cause or allow to be caused an unreasonable
noise in the Belfast Harbor.
[Ord. No. 55-2003, 6-17-2003]
No water skiing or related activities shall be permitted within
the anchorage or mooring area.
[Ord. No. 55-2003, 6-17-2003]
All persons are responsible for promptly cleaning up any spillage
or untidiness resulting from their operations.
[Ord. No. 55-2003, 6-17-2003]
No person shall leave any personal property on any municipal
property for a period of time in excess of 24 hours without the permission
of the harbormaster.
[Ord. No. 55-2003, 6-17-2003]
All persons shall park their cars and trailers when using the
public landing in an area set aside and marked by the City in such
a manner as to ensure free access to the harbor facilities and boat
launch ramp.
[Ord. No. 55-2003, 6-17-2003]
All boat cradles shall be removed from the public premises when
not in actual use unless permitted by harbormaster.
[Ord. No. 55-2003, 6-17-2003]
Permission of the harbormaster is required for any repair work
on boats at the City-owned floats, pier or adjacent municipal property
before such work is started.
[Ord. No. 55-2003, 6-17-2003; Ord. No. 9-2005, § A, 9-6-2005]
(a)
Statement of purpose. This section is established in furtherance of the purposes of this article as set forth in section 30-31. More specifically, because the City harbor, City-owned dock, floats, launch ramp and breakwater are valuable and finite public resources, the purpose of this section is to regulate the level of commercial activity both within the harbor and on the City-owned dock, floats and breakwater, so as to minimize user conflicts and maximize the efficient use of both the water space and the City-owned waterfront. This section seeks to provide opportunities for both occasional and daily use of the harbor and City-owned dock, floats, launch ramp and breakwater, so as to best take advantage of their economic benefits to the City. This section authorizes the City council, with the input and advice of the harbormaster, to maintain and regulate the overall level of activity within these areas so as to prevent overcrowding, clutter, or disorder on the City-owned dock and around the harbor and to promote the safety of the public. The City must balance economic development with sustainable business and therefore limit the number of similar commercial activities making direct use of these areas.
(b)
Applicable area. The area to which this section applies is as follows:
(1)
Bounded on the west by Front Street; the south by Heritage Park;
the north by property now or formerly occupied by the Weathervane
Restaurant; and bounded on the east by the westerly bound of the channel
of Belfast Harbor, as depicted on the map attached in Appendix A to
this chapter;
(2)
The Thompsons Wharf area;
(3)
The Belfast Boathouse area;
(4)
Heritage Park area; and
(5)
All tidal waterfront property owned by the City of Belfast.
(c)
Contract required.
(1)
Commercial activities. No commercial activity meeting the definition of a "concession" or of an "occasional use" under this section may be conducted in the areas described in subsection (b) of this section and depicted on Appendix A, unless the City council has approved a valid concessions contract or occasional use contract. Commercial fishing operations, divers, marine support services (such as for the tending of moorings and the fueling or maintenance of vessels) and any other operations not meeting the definitions of "concessions" or "occasional use" are not subject to the requirements of this section 30-126.
(2)
Posting or distribution of materials. No person shall post or
hand out fliers, notices, pamphlets, brochures or other materials
on the City-owned dock, floats or breakwater unless the City council
has approved a valid concessions contract pursuant to subsection (d)
of this section. Such materials may be placed in the harbormaster's
office, if space permits in the harbormaster's discretion.
(d)
Concessions.
(1)
Concessions defined. "Concessions" are defined as all businesses
offering for sale to the public goods or services, which advertise
or provide information, ticket sales, retail sales, or conduct other
such activities within the areas described in subsection (b) and depicted
on appendix A. "Concessions" include, but are not limited to sales
of food or goods, motorized or non-motorized watercraft rentals, tours,
charters, or sightseeing, overnight or fishing trips. This definition
shall not apply to any business which operates exclusively from October
15 through May 15.
(2)
Concessions contract. No concessions of any kind shall be allowed
at the City-owned dock unless the operator of such concession has
first obtained a concessions contract from the City Council, and then
only on terms deemed to be in the best interest of the City. In awarding
contracts, the City Council shall consider the purposes of this section
as set forth in subsection (a), above, in order to best promote economic
development, provide for the safety of the public, and minimize congestion
and clutter. Said contracts may vary in scope and form depending on
the type of concession.
a.
Form of applications. Applications for concessions contracts
shall be made on a form prescribed by the City Council and available
at the City Clerk's office or may be obtained from the harbormaster.
Applications shall be submitted on or before October 30 of the year
preceding the contract year.
b.
Applicable fees. Fees for the concessions application shall
be determined by the City Council on an annual basis.
c.
Term of contract. All concessions contracts shall be valid for
a term commencing May 15 and terminating October 15 of the year following
the submission of the application. Any concession wishing to operate
between October 15 and May 15 shall be addressed by the City Council
on a case-by-case basis. After an owner has been awarded two consecutive
annual contracts, the City Council may consider a longer term, in
the best interests of the City of Belfast.
d.
Number of contracts available. The City Council, in its discretion
and with the input and advice of the harbormaster, shall announce
on or about October 30 of each year the number of concessions contracts
to be available for the following season. In making its determination
as to the number of contracts available, the City Council shall consider
the number of applications received and the amount of activity reasonably
anticipated in the harbor and shall determine the appropriate level
of concessions activity so as to best promote economic development,
promote safety, and limit clutter and congestion. Businesses which
have held a concessions contract for the prior season may be given
priority over new applicants in order to sustain services which appear
to be safe, reliable, and economically viable.
e.
No expectancy. The award of a contract shall not create vested
rights or any expectation of a future award of a contract.
(3)
Contract provisions. All concessions shall be subject to the
following provisions, and the failure to comply with these provisions
may result in the revocation of the concessions contract:
a.
Commercial signage shall be allowed. Signs shall be no larger
than three feet by two feet. Only one sign shall be allowed per contract.
b.
Information tables are allowed, but must be attended at all
times tickets are being sold. Information tables shall be no larger
than three feet by three feet and tables shall be placed at the harbormaster's
discretion to avoid clutter.
c.
Brochures or other materials marketing the business may be displayed
at the concessions table and/or placed in the harbormaster's office,
but may not be affixed to the dock, wharf or breakwater.
d.
Concessions must validly maintain all applicable Coast Guard
licenses, inspections, and all other contractual requirements.
e.
Any vessel operator must obey all applicable City, state and
federal regulations at all times.
f.
A concessions operator may display one sign on the vessel for
the purpose of advertising the vessel.
g.
Vessels must be operated safely at all times. For vessels which
reapply after an initial award of a concessions contract, said vessels
previous year safety record shall be considered by the City Council.
(e)
Occasional use.
(1)
Occasional use defined. Occasional use of the City-owned dock,
launch ramp and breakwater is defined as the commercial operation
of a vessel(s) for purposes including but not limited to tours, sightseeing,
overnight or fishing trips, or charters (educational, scientific,
recreational or otherwise), which meets the following criteria:
a.
The vessel shall not make more than 12 departures from the City-owned
dock between May 15 and October 15 of a particular year;
b.
The vessel and/or its crew or other employees do not have a concessions contract pursuant to subsection (d) of this section; and
c.
The vessel has a home port of Belfast, Maine, meaning that:
d.
This definition shall not apply to any business that operates
exclusively from October 15 through May 15.
(2)
Occasional use contract. No occasional use of the City-owned
dock shall be made unless the operator of the vessel has first obtained
an occasional use contract from the City Council. In awarding contracts,
the City Council shall consider the purposes of this Section as set
forth in subsection (a), above, in order to best promote economic
development, provide for the safety of the public, and minimize congestion
and clutter. Said contracts may vary in scope and form depending on
the type of occasional use. For vessels which reapply after an initial
award of an occasional use contract, said vessels previous year safety
record shall be considered by the City Council.
(3)
Form of applications. Applications for occasional use contracts
shall be made on a form prescribed by the City Council and available
at the City Clerk's office or may be obtained from the Harbor Master.
Applications shall be submitted on or before October 30 of the year
preceding the contract year.
a.
Applicable fees. Fees for the occasional use application shall
be determined by the City Council on an annual basis.
b.
Eligibility criteria. An occasional use contract may only be
granted if the applicant meets the definition of an occasional use
as defined herein.
c.
Term of contracts. All occasional use contracts shall be in
effect for a term commencing May 15 and terminating October 15 of
the year following the submission of the application.
d.
Number of contracts available. The City Council, in its discretion
and with the input and advice of the harbormaster, shall set forth
on or about October 30 of each year the number of occasional use contracts
to be available for the following season. In making its determination
as to the number of occasional use contracts available, the City Council
shall consider information such as the number of applications received
and the amount of other activity expected in the harbor and shall
determine the appropriate level of occasional use activity so as to
best promote economic development, promote safety, and limit clutter
and congestion. Vessels which have held an occasional use contract
for the prior season may be given priority over new applicants in
order to sustain services which appear to be safe, reliable, and economically
viable.
e.
No expectancy. The award of a contract shall not create vested
rights or any expectation of a future award of a contract.
f.
Contract provisions. Vessels operating under occasional use
contracts shall be subject to the following provisions, and the failure
to comply with these provisions may result in the revocation of the
occasional use contract:
1.
The vessel may make no more than 12 departures from the City-owned
dock between May 15 and October 15 of the contract year.
2.
The vessel owner or operator is to schedule all departures and
arrivals with the harbormaster and the harbormaster shall have sole
discretion over the time, place, and manner of the departures and
arrivals. Proposed schedules shall be given to the harbormaster before
May 15 of each contract year. Scheduling may be amended by the harbormaster
for emergency situations, the scheduling of cruise ships, yacht clubs,
or private reservations. Vessel operators may request schedule changes
with sufficient advance notice to the harbormaster. Occasional use
contractors shall not have priority nor a right to overnight dockage.
3.
No signs or other advertising materials shall be placed on the
City-owned dock to market the vessel or for any other purpose, nor
shall any representative of the business be permitted to use the dock,
floats and breakwater for the purposes of advertising, information,
ticket sales, or retails sales. Brochures or other materials marketing
the business may be placed in the harbormaster's office if space is
available, but may not be affixed to the dock. No sign or other advertising
may be placed on the vessel while that vessel is docked.
4.
The vessel operation, in the harbormaster's discretion, shall
not directly compete so as to substantially interfere with the economic
viability of a vessel then operating under a concessions contract
with the City of Belfast.
5.
The vessel must validly maintain all applicable Coast Guard
licenses and inspections.
6.
The vessel operator must obey all City, state and federal regulations
at all times.
[Ord. No. 55-2003, 6-17-2003; Ord. No. 32-2008, 4-1-2008]
Boats used as tenders, not to exceed 12 feet under the discretion
of the Harbor Master, shall be kept at designated locations only,
and shall be properly cared for by the owner. The tender shall display
the owner's mooring number. Aluminum tenders will be berthed in a
designated area to avoid damage to other tenders.
[Ord. No. 55-2003, 6-17-2003]
(a)
Fuel floats. No person shall leave any watercraft tied at the fuel
floats of the City for any purpose other than fueling or discharging
or loading supplies without the consent of the harbormaster.
(b)
Launching ramp floats. No person shall leave any watercraft tied
at the launching ramp floats of the City for any purpose, including
fueling or discharging or loading supplies or passengers, for longer
than 15 minutes without the consent of the harbormaster.
(c)
Other floats; City wharf. At all other floats and the wharf, unattended
boats are permitted to tie up for up to one hour or may remain for
more extended periods with permission of the harbormaster.
(d)
Reserved space for City harbor boat. A space at a float shall be
designated and reserved for the harbormaster's boat.
[Ord. No. 55-2003, 6-17-2003]
No swimming or fishing of any type shall be allowed from or
around any float, dock, wharf or other municipal facility. Fishing
from the floats, docks, wharf or other municipal facility may be permitted
by the harbormaster only.
[Ord. No. 55-2003, 6-17-2003]
(a)
Policies.
(1)
Belfast Harbor considers that placement of houseboats and floating
businesses in tidal waters is a low priority use of any coastal water
body and is acceptable only in limited numbers and in specific areas.
Houseboats and floating businesses are not classified as water-dependent,
since it is not their primary purpose to serve as a means of on-water
transportation, recreation or commercial fishing.
(2)
A house boat or floating business is considered a boat or vessel
and must meet all applicable state and Coast Guard standards and regulations.
(b)
Prohibitions.
(1)
Houseboats and floating businesses are prohibited from mooring
or anchoring in all tidal waters of Belfast Harbor unless within the
boundaries of a marina.
(2)
Discharge of sanitary sewage into tidal waters from houseboats
or floating businesses using marina facilities by devices other than
those approved by the Coast Guard is prohibited. Houseboats and floating
businesses shall tie into a marina holding tank or pump-out facilities
where available.
[Ord. No. 55-2003, 6-17-2003]
(a)
Permit approval requirement. No piers, wharves, bulkheads, breakwaters, marine railways, floats, or other structure shall be installed, constructed, repaired, enlarged or improved except upon approval and issuance of a permit in accordance with section 30-131.
(b)
Procedure for permit.
(1)
Any construction, repair, renovation, or improvement of a pier,
wharf, breakwater, or bulkhead shall require a written application
to the code enforcement officer of the City of Belfast. Written application
shall include the following information:
a.
Evidence of submission of application for applicable state licenses,
permits, and approvals.
b.
Evidence of submission of application for applicable Army Corps
of Engineers licenses, permits, and approvals.
c.
A scale plan of the proposed project at a scale no smaller than
one inch to 20 feet. The plan shall depict, as a minimum, the following:
(2)
A permit under this section shall not be issued by the City
of Belfast until all applicable state licenses, permits, and approvals
and federal licenses, permits, and approvals and local approvals under
this section have been received.
(3)
The code enforcement officer shall review the application for compliance with subsection (1) above and the applicable requirements of the City of Belfast Zoning Ordinance. In the event the code enforcement officer determines the application is complete, then the application, together with related documents, shall be dated and forwarded within five business days to the harbor advisory committee. The harbor advisory committee shall review the application by the next regularly scheduled meeting. The review and comments of the harbor advisory committee shall be in writing, shall state the reasons for the comments, and shall be forwarded to the planning board for their review and action within five business days of their meeting at which the project was reviewed.
(4)
Upon receipt of the review and comments of the harbor advisory
committee, the planning board (after a public hearing) shall either
approve, approve with conditions, or disapprove the proposed project,
in accordance with the standards of [division 5] of this chapter.
(5)
The harbor advisory committee shall also review the project
in accordance with the following standards. Generally, the proposed
project will not hinder navigation and it will not hinder future development.
Specifically, the proposed project will not:
a.
Encroach into, interfere with, or pose a hazard to navigational
channels. Specifically, no project will extend within 25 feet of the
established channels.
b.
Interfere with access to and from existing mooring and berthing
areas for both commercial and recreational uses.
c.
Displace or eliminate existing mooring and berthing areas, both
public and private, commercial and recreational.
d.
Interfere with public access to and use of the harbor's waters,
including public rights-of-way and public and private launching ramps
and related facilities.
f.
Interfere with, or pose a hazard to navigation, in relation
to either obscuring visibility or displaying distracting lights.
(6)
Construction of approved projects shall commence within six
months from the date of issuance of the permit by the planning board
and shall be completed within two years from the date of issuance
of said permit.
(7)
The decision of the planning board concerning issuance or denial
of the permit may be appealed to the Superior Court by the aggrieved
party within 30 days of the date of decision and in accordance with
Rule 80B of the Maine Rules of Civil Procedure.
(8)
Notwithstanding the above provisions of section 30-131, normal and emergency maintenance and repair of piers and wharves, such as piling, decking, or underpinning replacement, which does not require Department of Environmental Protection and/or U.S. Army Corps of Engineers permits or licenses, shall not require a permit under this chapter. The person causing emergency maintenance or repairs shall take photographs of that maintenance or repair both before and after the completion of work. Such photographs shall be submitted to the harbormaster and retained as a permanent record.
[Ord. No. 3-2005, 7-20-2004]
The Belfast Harbor Advisory Committee shall participate in the
administrative process regarding the following shoreland permit applications:
(1)
A pier, dock, wharf, bridge, or other structure and use extending
over or below the normal high water line of a river or salt-water
body or the upland edge of a coastal wetland;
(2)
A marina; and
(3)
Aquaculture.
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The harbor advisory committee's review of such permits shall occur in accordance with City code of ordinances, chapter 82, shoreland, section 82-54, procedure for permits issued by planning board. The committee shall make a recommendation to the planning board regarding a project's compliance with standards identified in chapter 82, shoreland, article V, land use standards, division 3, section 82-204.
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The harbor advisory committee, per the procedures and requirements established in chapter 82, shoreland, and chapter 102, zoning, article X, contract rezoning, division 4, waterfront mixed use zoning district and waterfront development shoreland district, shall participate in the review of an application to use contract rezoning.
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[Amd. of 5-2-2012]
Commercial/service moorings are authorized under a general permit
by the U.S. Army Corps of Engineers if they do not interfere with
navigation. Temporary moorings used by marine facilities in their
commercial operation fall in this category, such as a few moorings
used for holding vessels until they are taken out of the water for
repairs. These moorings fall under Category II of the ACOE permit
definitions and may not be installed or removed without prior approval
from the harbormaster and the ACOE.
