[HISTORY: Adopted by the Board of Selectmen
of the Town of Falmouth 11-24-1997. Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any water craft, used or capable of being used as a means
of transportation.
Any mooring that does not meet the definition of a private
mooring or a mooring that may be used to generate revenue.
Issued to vessels which are primarily operated commercially
or for servicing, repairing or holding for delivery those vessels
which have been serviced.
All waters within the Town boundaries.
The Harbor Master appointed by the Town Administrator and
duly empowered by the General Laws of the Commonwealth of Massachusetts.
The length overall.
An anchor system consisting of an anchor, chain, buoy and
pennant by which a boat is secured to the bottom in a location assigned
by the Harbor Master under the mooring permit process.
January 1 through December 31. This is the period for which
the mooring is assigned.
An anchor set offshore of a beach or seawall and used to
haul and/or moor a small boat seaward of the mean high water line.
Any mooring registered by the Town of Falmouth to an individual.
Adequate documentation must be presented to the Harbor Master to ensure
true ownership of the vessel. The only vessel allowed on that mooring
shall be the one registered to that mooring, with the following exceptions:
A.
A mooring holder may loan his/her mooring, at any
time, for no more than 48 hours.
B.
If a vessel, other than that which has been assigned
to the mooring, is to use that mooring for a period of time not to
exceed seven days, the Harbor Master must be notified by the mooring
permit holder as to what vessel will be using the mooring.
C.
QUALIFIED INSPECTOR
YACHT CLUB FLEET MOORINGS
(1)
(2)
(3)
(4)
YACHT CLUB SUPPORT MOORING
(1)
(2)
(3)
If, for any reason, a mooring permit holder does not
wish to use his/her paid-for mooring for a season and is willing,
the Harbor Master can temporarily assign that mooring to the first
appropriately sized vessel on the waiting list. There will be a separate
fee charged to the vessel coming off the waiting list. The temporarily
assigned vessel will return to its original position on the waiting
list after the season, if not otherwise assigned.
Any person approved as an inspector of tackle and moorings
by the Harbor Master.
Owned by the Yacht Club.
Location: must be in the same harbor as the
Yacht Club.
Functions: provide mooring for privately owned
sailboats that qualify as a part of the racing class of that year's
yacht club racing program.
Transfers: A private mooring (See definition
of "private mooring.") may be transferred to the Yacht Club itself,
provided that the boat the Yacht Club assigns to the mooring meets
the requirements outlined in Subsection C above. No yacht club shall
own more than five such transferred mooring permits at any one time.
Owned by the Yacht Club.
Provide mooring for yacht club owned and maintained
vessels that provide normal yacht club services, such as launch service,
sailing programs, swimming floats and on-the-water maintenance of
club facilities.
Provide mooring for privately owned sailboats
that qualify as a part of the racing class of that year's yacht club's
racing program.
A.
Registration of a previously hold mooring space.
(1)
Previously registered mooring. The Harbor Master shall
mail, during the month of January, renewal forms to all persons who
were registered permit holders at the end of the prior year, at the
address then listed on their last registration or reregistration.
It shall be the burden of the permit holder to notify the Harbor Master
of any change of address. Renewal must be accompanied by proof of
payment of boat excise tax bill, if applicable, the nonrefundable
mooring fee and your current inspection certificate.
(2)
If the permit holder has no proof of ownership, he/she
must surrender the use of the mooring.
(3)
If a previously approved mooring has not had an approved
vessel assigned to it for one year, that mooring space shall be forfeited.
(4)
No mooring permit shall be transferable, except within
the immediate family. The immediate family shall include brother,
sister, children, mother, father or spouse.
B.
Requests for new mooring permits. All requests for
new mooring space shall be made by filing a Falmouth mooring application
form, along with appropriate fees and paperwork, to:
|
Falmouth Harbor Master's Office
180 Scranton Avenue
Falmouth, MA 02540
|
C.
Relocation application. A registered mooring holder who wishes a new location within the same harbor shall file a written request with the Harbor Master. His name will then appear on the relocation list for that specific harbor. (See § 269-3, Waiting lists.) There is no cost to keep your name on the relocation list, however, you must notify the Harbor Master every year, in writing, by January 1, if you wish to keep your name on the list.
D.
Assignment of mooring space.
(1)
All assignments of mooring space shall be made by
the Harbor Master or his designee. At such time as space becomes available,
the Harbor Master shall assign the space, according to the specific
requirements of the particular boat, including its length, draft or
other pertinent requirements, to the person who first submitted a
completed application.
(2)
When the applicant is notified the Town has a mooring
space, and the space is acceptable, he must set his proper tackle
within 30 days. Use of the mooring can be delayed for one year.
The Harbor Master shall post two waiting lists
in his office for each harbor in the Town of Falmouth. The first,
known as the "waiting list," is for your original application for
a mooring in that specific harbor, and the second, known as a "relocation
list," is for a current mooring holder who wishes a different location
within the harbor in which he is located. The Harbor Master will fill
all vacancies from the relocation list first, then go to the waiting
list.
A.
The waiting list.
(1)
This list shall show the name of the applicant, date
the application is received and the size of the boat for which mooring
space is requested.
(2)
Each applicant may be on no more that two waiting
lists at one time.
(3)
For each list you wish to be on, a one-time, nonrefundable fee, equal to the appropriate mooring fee for the boat listed in Subsection A(2) (above) will accompany the application.
(4)
When the applicant is notified the Town has a mooring
space available and the applicant accepts the space, this fee will
be applied to the first year's fee payment and will not be prorated.
(5)
The person at the top of the waiting list shall have
priority to obtain the next available location but may waive the right
to the next available location without loosing his/her place at the
top of the list. In the event of the waiver, the next person on the
list shall be offered the location etc. Notice to the person entitled
to the next available mooring shall be in writing.
(6)
Wait list applicants shall be required to annually
renew their wait list request in writing to the Harbor Master in order
to remain on the wait list. An annual renewal fee of $10 shall accompany
the renewal request. The renewal time period shall be January 1 to
March 15 annually. Renewal requests received after March 15 shall
be placed at the bottom of the wait list. No renewal reminders will
be issued by the Town.
[Added 4-22-2002]
Any registered owner shall be deemed to have
forfeited his or her registered mooring space by reason of any one
of the following:
A.
Removal of the tackle by the registered owner and
notification to the Harbor Master that the space is available.
B.
Failure to complete reregistration by May 1 of any
season.
C.
Failure to replace, within 14 days, any piece of mooring tackle not in compliance with the mooring tackle standards set forth in § 269-5 of these regulations.
D.
Any mooring may be inspected and its owner may be
ordered, by the Harbor Master, to remove or relocate it whenever,
in the judgment of the Harbor Master, the safety of other vessels
or the optimum use of the area requires such action. The expenses
of such removal or relocation shall be the responsibility of the owner.
Except in emergency situations, an owner shall have 14 days to relocate
or remove a mooring when so ordered by the Harbor Master.
E.
Failure to pay the annual mooring fee and excise tax
when applicable.
F.
Failure to comply with any of the requirements of
this chapter.
G.
Unauthorized changing of mooring location. (See placement.)
H.
Rental of a private mooring. (See definitions.)
I.
Current mooring is considered illegal. (See registrations.)
J.
All persons shall be notified by certified mail when
they have forfeited their mooring spaces. After notification of forfeiture,
the owner of the tackle shall remove same. If, after 14 days, the
tackle has not been removed, the Harbor Master shall have said tackle
removed at the owner's expense.
A.
Mooring anchors, other than the Mushroom and Dor-Mor
pyramid anchor, shall be permitted at the discretion of the Harbor
Master.
B.
Anchor chain shall be galvanized Grade 30 proof coil
chain. Minimum total length shall be two times the water depth at
mean high tide. Maximum total length shall be 2.5 times water depth
at MHT.
C.
Swivels, if used, shall be one size larger than the
chain to which they are connected. Shackles shall be the same size
and strength as the chain.
D.
Mooring pennant length shall be two times the height
from the water line to the bow chock, plus the distance from the chock
to the deck cleat.
E.
The mooring pennant shall have adequate chaffing gear
at the bow chock and shall be shackled directly to the chain.
F.
Mooring buoys shall be molded, formed or fabricated
from rubber, plastic or fiberglass.
G.
The buoy shall be of sufficient buoyancy to float
at 50% of its mass at mean high tide. Each buoy shall be a minimum
diameter of 12 inches, shall be white with at least a one-inch horizontal
blue stripe, black three-inch numbers and, on commercial buoys only,
include the weight of the mooring anchor.
H.
The specifications outlined in this chapter are minimum
standards and are not intended to withstand the weather extremes.
|
Anchor Weight
|
Chain Size
| ||||
|---|---|---|---|---|---|
|
Boat length (feet)
|
Mushroom (pounds)
|
Dor-mor (pounds)
|
Bottom
(inches)
|
Top
(inches)
|
Pennant
(inches)
|
|
Up to 13
|
100
|
703/8
|
3/8
|
1/2
| |
|
14 to 19
|
150
|
1351/2
|
3/8
|
1/2
| |
|
20 to 25
|
200 plus
|
2001/2
|
1/2
|
5/8
| |
|
26 to 29
|
300 plus 75 shaft weight*
|
375 plus
|
5/8
|
1/2
|
5/8
|
|
30 to 39
|
500 plus 75 shaft weight*
|
5003/4
|
5/8
|
2 at 5/8 or 3/4
| |
|
Over 40 feet
|
700 to 1,000 plus 135 shaft weight*
|
1,0003/4
|
5/8
|
1
| |
I.
The Harbor
Master may require the use of environmentally friendly moorings designed
to keep all tackle components other than the anchor off the ocean
floor, in any location or subtidal area presently supporting, or previously
containing, rooted aquatic vegetation such as eelgrass or widgeon
grass, for the purpose of promoting vegetation survival and/or revegetation
of previously disturbed areas. The Harbor Master may require such
moorings in such areas upon a) the creation of any new mooring or
b) the next ordinary periodic inspection date for existing moorings.
[Added 4-6-2020]
Any registered mooring holder who abandons or
forfeits a mooring space is responsible for removing and disposing
of the tackle. Failure of the registered holder to remove such tackle
shall constitute abandonment thereof, and such tackle may be ordered
removed by the Harbor Master at the expense of the registered mooring
holder.
The moving of any tackle to an assigned space
shall be at the applicant's expense, and tackle may not be moved from
any registered mooring space without the prior written approval of
the Harbor Master. Any registered mooring holder desiring to move
any tackle shall make application to the Harbor Master, who shall
determine whether such application shall be approved or rejected.
A.
Before a new mooring permit will be issued, the mooring
owner must submit his/her mooring tackle for an out-of-the-water inspection
by the Harbor Master or his designee.
B.
Each year the mooring buoy, pennant, chafing gear,
top chain and all connecting hardware on each mooring must be inspected.
C.
Each existing mooring shall be inspected, fully, by
a registered inspector at three-year intervals either by diving or
out of water.
D.
If, as the result of such inspections, the Harbor
Master Division or designee determines that any link of chain, shackle,
swivel or other piece of mooring gear has become damaged or worn by
one-third or more of its normal diameter, all such chains, shackles,
swivels or other pieces of mooring tackle shall be replaced accordingly.
Failure to replace worn or damaged gear shall be grounds for revocation
of a mooring permit by the Harbor Master Division.
A.
Any person can, upon application to the Harbor Master
and demonstration to him of his familiarity with the rules and regulations
of the Town relating to mooring tackle inspection, be considered a
certified inspector.
B.
Such approval may be revoked by the Harbor Master
if he determines that the inspector has failed to exercise due diligence
in performing his duties as inspector.
A.
Winter sticks shall be readily visible in a vertical
position at all times, with a minimum of 12 inches showing.
B.
The mooring permit number must be displayed on the
winter stick. The stick shall be white, shall have a one-inch blue
stripe and shall be upright at all times (not less than 40° in
any tide).
C.
All winter sticks shall be removed not later than
June 15 of the succeeding year.
D.
Winter sticks shall not be placed earlier than October
1.
Each mooring in all Falmouth harbors will be
assigned a number by the Harbor Master. This number shall be displayed
in black, three-inch high letters on each mooring buoy, pick up buoy
and winter stick.
A.
Existing (rental).
(1)
The owner of the mooring will be registered as the
assignee of the the mooring space (mooring permit holder).
(2)
A seasonal lessee will be registered by boat sticker,
and the mooring permit holder must submit a list of seasonal lessees
to the Harbor Master's office as of July 1. The deadline for submitting
annual lists is August 15.
(3)
Commercial moorings shall be limited to 35% of the
total moorings in any single harbor.
(4)
The size and type of mooring must meet tackle requirements
for the maximum size vessel that would fit in that location.
(5)
Commercial moorings shall be marked with the company
name or logo, as well as the number assigned by the Harbor Master
and the weight of the anchor.
(6)
Commercial moorings permitted by the Town of Falmouth prior to November 24, 1997, and subject to the limitations outlined in Subsection A(3), shall continue to be permitted only if all the required Army Corps of Engineer permits are either in place or are in the application process.
(7)
Permits will be issued exclusively to Falmouth water
front marine businesses who provide the following services:
|
Number of Moorings Held
| |||
|---|---|---|---|
|
Services required
|
1 to 5
|
6 to 20
|
Over 21
|
|
Shall be on the water front
|
yes
|
yes
|
yes
|
|
Adequate dingy or launch service
|
yes
|
yes
|
yes
|
|
Trash removal
|
yes
|
yes
|
yes
|
|
Rest rooms
|
no
|
yes
|
yes
|
|
Septic pump out (unless other- wise available
in that harbor)
|
no
|
no
|
yes
|
|
Parking
|
no
|
1 space per 4 moorings
|
5 spaces, plus 1 space per 10 moorings in excess
of 20
|
|
Parking
|
no
|
1 space
|
5 spaces,
|
B.
Application process (rental).
(1)
Applicants for new or additional commercial rental mooring permits will follow all regular steps as outlined in § 269-2B (requests for new space).
(2)
See § 269-12A(7) (commercial moorings - existing).
(3)
Upon receipt of a mooring permit from the Falmouth
Harbor Master, the applicant shall initiate the Army Corps of Engineers
permitting process.
(4)
Commercial moorings (rental and service) shall be
limited to 35% of the total mooring in any harbor.
C.
Existing (service).
(1)
Commercial mooring permits issued in 1996 prior to
November 24, 1997, and used for service purposes shall be permitted,
provided that the mooring use conforms to the requirements for the
commercial service permits (See definition of "private mooring.")
and if all the required Army Corps of Engineer permits are either
in place or are in the application process.
(2)
The size and type of mooring must meet tackle requirements
for the maximum size vessel that would fit in that location.
(3)
Commercial/service moorings shall be marked with the
company name or logo, as well as the number assigned by the Harbor
Master and the weight of the anchor.
D.
Application process (service).
(1)
Applicants for commercial service mooring permits will follow all regular steps as outlined in § 269-2B (requests for new space).
(2)
Commercial service mooring permits shall be issued
to individuals whose vessels are primarily operated commercially or
for servicing, repairing and/or holding for delivery vessels which
have been serviced. The permit holder must prove to the Harbor Master
that 50% or more of his income is derived from servicing boats.
(3)
Upon receipt of a mooring permit from the Falmouth
Harbor Master, the applicant shall initiate the Army Corps of Engineers
permitting process.
Any person aggrieved by a decision of the Harbor
Master may file an appeal in accordance with the MGL c. 91, § 10(A).
A.
The mooring bills will be sent out by January 15 annually.
B.
Payment is due 30 days from the mailing of the mooring
bills.
C.
Failure to pay a mooring bill by the due date will
result in an additional demand charge of $5.
D.
Failure to pay the mooring fee and the demand charge
by the demand due date will result in cancellation of the mooring
permit.
E.
It is the responsibility of the mooring permit holder
to ensure payment is received in the Town Collector's office in a
timely fashion. If you do not receive a mooring bill, it is the permit
holder's responsibility to check on its whereabouts.
F.
Changes of address must be submitted, in writing,
to the Harbor Master's office, 180 Scranton Avenue, Falmouth, Massachusetts,
02540. All outgoing correspondence will be sent to the most current
address supplied to the Harbor Master's office. It is the sole responsibility
of the mooring permit holder/applicant to ensure that the Town has
your proper mailing address. No deadlines will be extended because
mail is returned because undeliverable as addressed.
A.
Each vessel for which a mooring permit has been issued
shall have, attached to the hull, in a visible location as designated
by the Harbor Master, an annual sticker issued by the Harbor Master.
It is the responsibility of the mooring owner to ensure compliance
with this section.
B.
It shall be permissible for an individual to use one
mooring for two or more vessels. However, all vessels must be owned
by the same individual, have its own sticker, and the mooring location
and tackle must be suitable for the second vessel.
Each permitted mooring shall have attached,
above the water line and visible at all times, an annual mooring tag
issued by the Harbor Master. Again, it shall be the responsibility
of the mooring owner to ensure compliance with this section.
When the owner of a vessel for which a mooring permit has been issued transfers the ownership of the vessel to another person, the mooring permit is not transferable to such person unless he or she is a member of the immediate family of the transferee. [See § 269-2A(4).]
A mooring holder may assign a new boat to his/her
mooring, provided that the Harbor Master considers the mooring location
and the tackle suitable for the replacement vessel. All change of
vessel requests shall be made in writing to the Harbor Master's office.
Unless otherwise specifically provided herein,
these regulations and rules shall be enforced by the Harbor Master
according to the Massachusetts General Laws.
Certain provisions of these Town-wide mooring
regulations may be waived by the Harbor Master for any harbor which
has a Selectmen-approved harbor management plan in effect.
