Any person in violation of a provision of this article shall be subject to the fine identified in the violation schedule contained within § 86-6 of this chapter.
A.
Mooring field designations. Certain waters of the Town shall be designated
as mooring fields. Those waters authorized for the placement of permitted
moorings shall be located in accordance with all policies of the Town's
Harbor Management Plan, the policies and requirements of the Coastal
Resources Management Council's guidelines for the development
of municipal harbor management plans, and the CRMC's management
procedures for siting mooring fields. All moorings shall be placed
within the perimeters of each mooring field so that the scope of each
mooring and vessel do not extend beyond the mooring field boundaries.
Any revisions to the size, and/or location of these mooring field
designations shall require the approval of the Town Council with advice
from the Harbor Commission, and the Coastal Resources Management Council
before the revisions may take effect.
B.
Maximum number of moorings. Based on the findings of the harbor management
plan, there shall be a maximum number of moorings in each mooring
field.
C.
Moorings associated with residential waterfront properties. Moorings
used in conjunction with residential waterfront property may be placed
in the coastal water and harbor areas of the Town in those waters
immediately adjacent to the upland residential waterfront property
with the exception of shellfish transplant areas. The mooring permit
holder must comply with all mooring permit application requirements
and receive a mooring permit from the Town as described herein, and
the mooring must meet all mooring tackle standards and inspections
as set forth in this chapter and any applicable regulations before
such placement will be permitted. Up to four moorings may be placed
in the general vicinity of each residential waterfront property in
accordance with the definition for a riparian mooring and this subsection.
All mooring placements, including temporary moorings, shall be in
accordance with the Harbor Management Plan.
D.
Mooring field siting standards. All designated mooring fields sited
within the coastal waters and harbor areas of the Town shall be set
back a minimum distance of 50 feet from all piers, floats and public
launching ramps; and from riparian moorings and shoreline rights-of-way
a distance which is sufficient to allow ingress and egress and to
prevent interference with the exercise of private and public rights
of access to the waterways.
E.
All new and significantly expanded mooring fields shall be sited
to ensure that tides and currents aid in flushing the mooring area.
F.
All new and significantly expanded mooring areas shall be sited to
avoid adverse effects on water quality.
G.
Mooring areas shall be sited in a manner which does not substantially
interfere with designated shellfish management areas, traditional
fishing grounds, public recreational areas and conservation areas.
H.
Mooring area shall be sited in a manner which does not significantly
effect finfish and/or shellfish resources, wetlands, submerged aquatic
vegetation and aquatic habitat.
I.
Mooring areas shall be adequately serviced by pumpout facilities
that are accessible, operational, and maintained.
J.
Pumpout service shall be provided on a published scheduled basis
for all moorings and dock slips.
K.
Live aboard activity (such as that which occurs with destination
type mooring fields and sheltered harbors) is prohibited in all SA
waters. The Harbormaster shall make annual assessments in order to
confirm that the use of moorings does not include live aboard activity.
L.
All harbor activities shall be managed in accordance with the regulations,
statements, and ordinances contained in the Town's Harbor Management
Plan.
A.
Mooring permit required. No mooring shall be located, or maintained,
in the coastal waters and harbor areas of the Town until a permit
has been issued for the use of such moorings by the Harbormaster.
B.
Placement of moorings. The Harbormaster directs the placement of
the moorings within the mooring field boundaries and the Harbormaster
determines that mooring tackle conforms to the specifications and
standards set forth in all applicable regulations and any conditions
of the permit.
C.
Transfer of mooring permits. No mooring permit shall be sold, assigned
or otherwise transferred by a permit holder. Assignments of all mooring
permits shall be made only by the Harbormaster's office.
D.
Reassignment of mooring permits by Harbormaster's office. When
an existing mooring permit becomes available, the owner shall notify
the Harbormaster and arrange for the inspection of the mooring site
within 30 days. The Harbormaster may immediately permit the space
to the person next on the waiting list whose boat fits the mooring.
E.
New moorings. Available spaces for new moorings shall be assigned
by the Harbormaster to the person next on the waiting list whose boat
fits the space.
F.
Change of vessel. Mooring permit holders who plan a change in vessel
on their mooring must file a new mooring permit application. Failure
to comply with this regulation can result in forfeiture of the mooring.
G.
Request for a mooring permit.
(1)
All requests for mooring permits shall be submitted to the Harbormaster
via the e-permitting system provided by the Town.
(2)
An application shall be accompanied by the appropriate fee and shall
be received by the Office of the Harbormaster.
(3)
A complete and accurate mooring permit application must be submitted
before the Harbormaster can act to approve or deny such application.
(4)
The Harbormaster shall determine if a mooring permit can be issued
only after all provisions of the Harbor Management Plan, this article
and all applicable regulations are met; provided that mooring space
is available.
(5)
Mooring tackle must be installed by a professional mooring service,
and confirmation received by the Harbormaster within 15 days from
the date of approval or said mooring permit shall be forfeited.
H.
Permit renewals for all moorings shall occur annually. Applications
for renewals of a valid mooring permit shall be submitted to the Harbormaster
through the e-permitting system.
(1)
The Harbormaster shall open e-permitting for the renewal of permits
by email notice before January 1st of each year to those persons who
held valid mooring permits the previous year. Email notice shall be
sent to the email address listed on their last e-permit application.
(2)
Online renewal, accompanied by the appropriate fee and a current
copy of the permitted boat's registration and documentation,
must be received by March 1. After March 1, a late fee of $50 will
be applied for applications received.
(3)
It shall be the responsibility of the mooring permit holder to notify
the Harbormaster of any change in information reported through e-permitting.
(4)
If a mooring permit holder does not receive a renewal notice through
e-permitting, it is their responsibility to contact the Harbormaster's
office.
(5)
Upon receipt of the complete renewal registration and fee, the Harbormaster's
office shall forward to the permit holder the required mooring identification.
I.
Relocation of existing permitted mooring.
(1)
All requests for relocation of existing permitted moorings must be
submitted to the Harbormaster. Information for such a request must
meet the requirements of the e-permitting system, as well as proof
of a valid mooring permit issued for the previous or current year.
The reasons for a mooring relocation must be clearly stated in the
request.
(2)
Action on the relocation request will be taken by the Harbormaster
based upon availability of space in the desired mooring field, the
requirements of this chapter, and the type and size characteristics
of the vessel.
(3)
Any request received by the Harbormaster that is not complete shall
be returned to the applicant and no action will be taken on the request.
J.
Failure to renew an existing valid mooring permit. Failure to renew
an existing valid mooring permit in accordance with the provisions
of these regulations shall result in the permitted owner's forfeiture
of all his or her privileges in the previously permitted mooring space.
Upon the written request of the Harbormaster, the permit holder shall
immediately remove the mooring tackle from the mooring space. If the
permit holder does not remove the mooring tackle within 30 days of
the written request, the Harbormaster may remove the now abandoned
mooring tackle at the permit holder's expense.
K.
Forfeiture of mooring space. Any permit holder shall be deemed to
have forfeited his or her mooring space by reason of any one of the
following:
(1)
Failure to comply with any of the requirements of this chapter;
(2)
Removal of mooring and mooring tackle and notification to the Harbormaster
that the mooring has been forfeited;
(3)
Failure to respond to the Harbormaster's notice that the mooring
does not comply with the mooring tackle standards set forth in this
chapter and all applicable regulations, or that the mooring has been
displaced or moved from its permitted location without approval.
(4)
Failure to display the mooring identification on the mooring buoy
and boat.
(5)
Failure to resurface, repair or replace mooring tackle within 60
days after being advised to do so by the Harbormaster.
L.
Removal of mooring from forfeited mooring space. The Harbormaster
shall notify the mooring owner advising of the reason for forfeiture
as stated above. The mooring owner shall be given 10 business days
to comply. If mooring has not been removed in the time frame, the
Harbormaster's office shall cause the mooring to be removed at
the owner's expense. If a boat is tied to the mooring, the boat
will also be removed and stored at the owner's expense.
M.
Available spaces. As of March 1 of each year, the Harbormaster shall
determine the number of mooring permits available for mooring placement.
The number of permits available shall equal the number of spaces authorized
by this article, minus the sum of all acceptable mooring permit renewal
applications. The available mooring permits shall be made available
first to those persons whose names appear on the waiting list whose
boat fits the mooring space.
N.
Initial assignment of mooring permits. In accordance with Town Council
resolution 18/19-118, adopted March 25, 2019, a mooring permit shall
be issued for existing moorings and any relocated moorings that are
verified by a professional mooring service to be capable of safely
holding the vessel intended to be secured to the mooring tackle prior
to the occupation of such mooring in accordance with the e-permitting
procedures established by Council. Through this process of e-permitting,
applicants will be identified as either residents or nonresidents
and mooring permits will be distributed on a no greater than 3:1 basis
(three residents for every one nonresident). The Harbormaster shall
at all times maintain a list of all mooring permits assigned.
O.
Waiting list. When no mooring permits are available for existing
or relocated moorings, applicants shall be placed on a waiting list
for a designated mooring field. The Harbormaster shall mail the forms
for the annual waiting list renewal the first week in January. The
annual waiting list fee must be received by March 1. If the annual
fee is not received by the March 1 deadline the applicant will be
removed from the waiting list. The Harbormaster shall submit an updated
waiting list to the harbor commission and Town Council twice a year
on or near April 15 and October 15. The waiting list shall remain
available on the web page for Harbormaster's office at all times.
The waiting list shall show the names of the persons desiring mooring
space, the date of application, and the area in which such space is.
P.
Occupancy of mooring.
(1)
No vessel shall occupy a mooring other than the one for which it
has been permitted. The Harbormaster shall have the authority to move
or cause to be moved any vessel violating the provisions of this section,
at the expense and risk of the vessel owner.
(2)
Temporary guest use. For temporary guest use of a mooring by a vessel
other than the one permitted, for a period not exceeding seven days,
the mooring owner, or his agent, must notify the Harbormaster upon
the vessel's arrival at the mooring. Upon written request by
the mooring owner, the Harbormaster may, for good cause, allow a temporary
guest use of a mooring for a period greater than seven days.
(3)
Any mooring which is not used for one year shall be considered abandoned
and must be removed by its owner from the mooring area. This period
may be extended if extenuating circumstances are presented to the
Harbormaster on a timely basis. If the owner fails to remove the mooring
upon order of the Harbormaster, the owner will be billed for the cost
of the mooring removal and storage if applicable.
(4)
It shall be a violation for any vessel to attach, use or occupy any
mooring that fails to comply with any section of this chapter.
Q.
Preference to Westerly residents. In the assignment of initial mooring
space and the reallocation of existing mooring space, Westerly residents
shall be given priority over nonresidents. However, a nonresident
shall not lose priority to a resident more than three times before
such nonresident is given first priority to an appropriate mooring
space unless the mooring field is within a federal navigation project
that the Town of Westerly has agreed in writing to certain covenants
thereto, then mooring allocations shall meet the Army Corps of Engineers
requirement of open to all on a fair and equitable basis.
R.
The rate charged for all mooring permits shall be in accordance with the fee schedule in § 121-1 of the Town Code.
S.
The Harbormaster shall have the authority to remove or relocate any mooring in violation of an applicable provision of either Chapter 86 or the Harbor Management Plan.
T.
Moorings in violation. The Harbormaster shall notify a mooring permit
holder of a violation by certified mail. Any mooring permit holder
whose mooring has been deemed in violation must contact the Harbormaster's
office within 15 days of the violation notice. No one shall remove,
take, discard or dispose of any violation sticker, violation decal
or violation pennant from any mooring without the permission of the
Westerly Harbormaster.
A.
All applications for mooring permits shall be made through the e-permitting
system maintained by the Town of Westerly and under the administration
of the Harbormaster. Each applicant shall provide such information
as requested by the Harbormaster, and in the least, the following
information:
(1)
Name, address, telephone number (home and cell), and e-mail address
(if applicable) of owner;
(2)
Vessel name, active registration number, hull identification number
(HIN), length (feet), type, and color and documentation number of
the boat to be on the mooring;
(3)
Proof of ownership of the vessel;
(4)
Emergency contact name and telephone;
(5)
Mooring classification, actual anchor weight, mooring type;
(6)
Appropriate registration fee;
(7)
Type of marine sanitation device, if any, and need for pumpout boat
pennant (please note that all boats with type 3 MSDs are required
to utilize the Town's mooring pumpout boat service and must have
a pennant);
(8)
Area(s) where applicant would like to locate mooring, prioritized;
(9)
Proof of waterfront property ownership, if applicable, must include
utility bill, plat map and driver's license; and
(10)
Proof of residency (driver's license).
B.
The Town may, from time to time, update the e-permitting system.
Mooring gear and tackle used in the Town shall meet or exceed
those specified in the current edition of Chapman's Piloting &
Seamanship. The Harbormaster may approve informal variances to mooring
tackle specifications, other than those minimum standards described
herein, for specific cases if such specifications are inappropriate
for the area in which a mooring will be located. The Harbormaster
must file such variance with the Harbor Commission. Inspections and
services are to be completed as defined in the Westerly Harbor Management
Plan.
