HARBOR ORDINANCE GUIDE

BIDDEFORD Permit Required: It is unlawful to moor a vessel within the harbor of the City without first obtaining a permit from the Harbormaster. Permit Application: A) Applications for mooring permits must be filed with the City no later than March 15 of the current year. Permits are valid for a one-year period, from March 15 of the current year to March 14 of the following year. Applications shall be made on forms prescribed by the Harbormaster. Applications that are filed after the deadline shall be subject to mooring allocations made to persons applying prior to the deadline date. There shall be a late fee of $50 applied towards any application for a mooring permit which is received after March 15 of the requested year. B) Moorings permits shall specify: 1) The name and address of the owner of the mooring; 2) The type of mooring; 3) The kind of ground tackle or block used; 4) Whether the mooring has been inspected, and when; 5) The location of the mooring; 6) The name, draft, size and kind of vessel to be moored; and 7) The year the vessel was manufactured. C) A permit for a mooring is valid for the period from March 15 of the current year to March 14 of the following year and must be renewed annually. D) A mooring that is not used for any consecutive three-month period between May 1 and September 30 shall be presumed to be abandoned, and the Harbormaster may allocate that mooring location to any other person in accordance with this article. E) The Harbormaster shall maintain a waiting list for areas in which no more vessels can be safely moored, showing the priority of each applicant. F) Under the direction of the Harbor Commission, the Harbormaster shall maintain charts showing the location of all assigned moorings. G) The Harbor Commission may set the form of the mooring permit and renewal applications. H) The annual application fee for the waiting list for moorings shall be $10 which shall be applied against the mooring permit fee as a credit the year the mooring is placed. I) A granted mooring permit or renewal fee shall be $125. [Amended 9-2-2014 by Ord. No. 2014.85] J) All funds collected as a result of this section shall be considered designated revenue for the sole purpose of the execution of this division and the promotion of marine related facilities in the harbor. K) No vessel is allowed to moor between December 1 and April 1 without written permission of the Harbormaster. Assignments: A) Moorings in each area shall be assigned by the Harbormaster in a manner to comply with the federal requirements that moorings falling within the scope of federal navigation projects must be managed in the general public interest and must be accessible and available to all on equal terms. B) The Harbormaster shall establish a management system for assignment of moorings using the following standards: 1) The system shall make no arbitrary distinction or requirements of any kind in allocating use of moorings except as may be consistent with the purpose of which any federal navigation project concerning or relating to moorings as constructed or undertaken. 2) The system shall not result in arbitrary fees or arbitrary variations in fees among users. The cost of providing necessary management and ancillary facilities and services with respect to moorings may be offset through equitable user fees based on the actual costs incurred. C) Information pertaining to moorings shall be readily available to the public at all times. D) The Harbormaster shall designate an area in each harbor which shall be for the mooring of commercial fishing vessels properly equipped to lobster, gillnet, longline, and/or trawl. This designated area must comply with the Army Corps of Engineers' mooring allocation guidelines. This would be done by establishing a separate waiting list for noncommercial and commercial fishing vessels. E) The Harbormaster may at his discretion allow mooring of noncommercial fishing vessels within the designated commercial fishing vessel area provided it does not preclude a commercial fishing vessel as listed in this section from being moored in that area. Assignment of rights; grandfathering; large vessels. A) Mooring transfers permitted by ordinance in accordance with State Statutes M.R.S.A., Sec. 3-A, as amended, as follows: Any mooring assignment used for commercial fishing purposes may be transferred only at the request or death of the assignee, and only to a member of the assignee's family and only if the mooring assignment will continue to be used for commercial purposes as described in Section 74-78, Assignments, Subsection (d), which reads: "The Harbormaster shall designate an area in each harbor which shall be for the mooring of commercial fishing vessels properly equipped to lobster, gillnet, longline, and/or trawl." For the purpose of this section, "member of the assignee's family," means an assignee's parent, child or sibling, by birth or adoption, including a relation of the half blood. B) Persons having moorings as of March 20, 1989, in a given location who apply for a permit for their moorings by September 1, 1989, shall have priority for that location as against other persons with the same or lower priority under Section 74-78. This section shall not apply to rental moorings unless, prior to March 20, 1989, a federal mooring permit has been granted to that individual. Failure to have a federal permit prior to March 20, 1989, shall terminate any rights that individual has in a mooring or moorings and that individual must comply with the provisions of Section 74-78. C) Subject to the provisions of Subsection (a), persons awarded permits shall have priority for that location as against other persons with the same or lower priority under Section 74-78, provided that the mooring is not abandoned and that the owner files timely applications every year to renew the permit. D) Moorings for vessels over 50 feet may, at the discretion of the Harbormaster, be assigned only in noncongested areas. E) In assigning moorings, the Harbormaster shall maintain channels and access to piers, wharves and docks. Mooring Tackle; Identification; Inspections. A) All moorings shall be of sufficient size and weight, with chain or rope in sound condition, to properly secure the moored vessel, and the float attached to the mooring line shall be of sufficient size and buoyancy to remain afloat when not attached to the vessel. Each mooring float shall be marked with the number of its assigned permit in permanent legible numbers not less than three inches high. B) All moorings shall be inspected by the Harbormaster or a qualified mooring inspector not less than every other year by June 30. C) The Harbormaster may, at his discretion, cause a mooring to be hauled for inspection at any time at the owner's expense if the mooring has not been inspected in accordance with this division or the Harbormaster has reasonable cause to believe the mooring is unsafe. D) All moorings are required to meet the following minimum standards. These are minimum standards only. The Harbormaster may require heavier tackle based on the mooring location. (1) The length of the heavy chain (from the mooring block to the light chain or rope) shall be equal to the depth of the surrounding water at mean high water. *It is recommended that the chain be grade 30 or better. (2) The length of the light chain or rope (from the heavy chain to the mooring ball) shall also be equal to the depth of the surrounding water at mean high water. (3) The length of the pennant (line from mooring ball to bow chock or cleat of the vessel) shall be equal to 1 1/3 the vertical distance from the water to the box chock or cleat of the vessel. (4) All mooring lines shall be nonfloating. (5) A mooring float shall meet U.S. Coast Guard regulations; a white ball with a blue stripe. (6) A mushroom anchor or helix mooring anchor is permitted with the approval of the Harbormaster. (7) A sealed tag shall be installed by the inspector identifying mooring and date of inspection. Prohibited Mooring Areas: Moorings shall be prohibited in all channels of Biddeford Harbor. Unauthorized Moorings; Pumping out Boats Taking On Water: A) The Harbormaster is authorized to remove, at the owner’s expense, any unauthorized mooring or any mooring that has been determined to be unsafe. Prior to removal, the Harbormaster is required to provide notification to the owner of the mooring in accordance with Section 74-85. B) The Harbormaster is authorized to hire a contractor to pump out any boat found to be taking on water that is secured to a licensed mooring, but no more than twice in a thirty-six-hour period. All those not paying fees for such work within 60 days will lose their mooring privileges for the remainder of the permit time and not be granted a new mooring permit until the contractor is paid for the cost of pumping and/or salvage. This applies only to boats for which the owner cannot be located and/or has failed to take immediate action. Any contractor authorized by the Harbormaster to pump or salvage a vessel shall seek reimbursement only from the vessel owner or other liable parties but shall not have an action against the City for such costs. BRUNSWICK Moorings: A)Mooring assignments. Mooring privileges in the Town of Brunswick shall be assigned pursuant to 38 M.R.S.A. §§ 3 and 11. Consequently, mooring assignments are available to individuals who are the owners or masters of a watercraft and who own shore rights to a parcel of land, which is defined as a lot that satisfies applicable minimal buildable lot size requirements and includes at least one hundred (100) feet of shoreline frontage. Notwithstanding the foregoing, mooring assignments are also available to individuals who, prior to January 1, 1987, owned shore rights of at least one hundred (100) feet of frontage regardless of the size of the lot. Only one (1) mooring may be assigned to any shorefront parcel of land under this privilege. B)Grandfathered moorings. Notwithstanding subsection (a) of this section, mooring privileges in lawful existence on the effective date of the ordinance from which this article was derived shall be preserved. Nothing in this subsection shall be construed as a limitation on the authority of the harbor master with respect to use and location of the moorings. C)Transferability of mooring assignments. Pursuant to 38 M.R.S.A. §§ 3 and 3-A, mooring assignments may not be transferred unless the mooring is used for commercial fishing purposes. Transfer of a mooring assignment used for commercial fishing purposes is permitted only at the request or death of the mooring owner, only to a member of the mooring owner's family, and only if the mooring assignment will continue to be used for commercial fishing purposes. A member of the mooring owner's family means a parent, child, or sibling, by birth or adoption, including a relation of the half blood, or the mooring owner's spouse. D)Registration. Owners of parcels that qualify under subsection (a) of this section who desire a mooring assignment and owners of grandfathered mooring assignments must submit a mooring registration form to the harbor master each year. In the year 2015, the harbor master shall no later than two (2) weeks after enactment of this article by the town council send via U.S. mail or email a notice to all registered mooring owners informing them of the June 1 deadline for submission of the annual mooring registration form. Each year thereafter, the harbor master shall no later than January 31 send via U.S. mail or email a notice to all registered mooring owners informing them of the May 1 deadline for submission of the annual registration form. Notice of the registration deadline shall also be posted in the town hall and on the Town of Brunswick's website no later than January 31. Mooring registration forms may be downloaded from the Town of Brunswick's website or obtained from the town clerk or the harbor master. Registration Forms Shall Contain the Following Information: (1) Description of the watercraft to be moored, including state and/or federal registration numbers, make and model, color, length, propulsion, draft, and weight; (2) The applicant's name (or names, in the event the mooring is to be held jointly by adult members of the same household), residence address or local business address, mailing address (designated by the applicant as the address where the applicant will accept notices under this article), home or cell phone number, and email address; (3) Type and weight of mooring; (4) Type and size of bottom and top chains; (5) A name, address, and telephone number of an emergency contact, whom the mooring owner authorizes to make decisions surrounding the mooring in his or her absence; (6) GPS location (or proposed location) of the mooring; (7) The signature of the applicant, or the applicant's designee, and the date of the application; and (8) Dates of installation and of the most recent inspection. E)Fees. The annual mooring registration fees shall be charged in accordance with the Master Schedule of Revenues, Charges, Fees and Fines, Appendix B to this Municipal Code of Ordinances. F)Mooring inspection required. Every two (2) years, each registered mooring shall be inspected by the mooring owner at the mooring owner's expense and must be determined by the mooring owner to be in a safe condition. The date of inspection must be recorded on the mooring registration form. The mooring owner is responsible for the adequacy and performance of all mooring gear, tackle, and maintenance thereof. The harbor master has the authority to inspect at any time any mooring and to require any necessary maintenance or replacement of parts or the whole mooring, tackle and/or gear, for which the mooring owner shall be responsible for all costs incurred. The Town of Brunswick assumes no liability whatsoever for the actual performance or adequacy of any mooring system employed by a mooring owner. G)Placement standards. The harbor master shall approve the location of all moorings in the harbor, coastal, and tidal waters of Brunswick. All moorings shall meet the following standards: (1)Moorings shall be adequate for the size, weight, and windage of the watercraft. (2)Moorings shall be located in areas that do not interfere with navigation. (3)Moorings shall not encroach into the channels of Brunswick. (4)Moorings shall be located in areas that do not cause unreasonable adverse impacts on natural resources. Conditions that may result in an unreasonable adverse impact on natural resources include, but are not limited to: a.The presence of eel grass or other submerged vegetation; b.The presence of a significant shellfish habitat, or important recreational or commercial fishing ground; c.The proposed location is within mapped significant shorebird feeding or roosting habitat (based on Maine Department of Inland Fisheries and Wildlife and Maine Department of Environmental Protection Maps); d.The proposed location is within mapped tidal waterfowl and wadingbird habitat (based on Maine Department of Inland Fisheries and Wildlife and Maine Department of Environmental Protection Maps); e.The proposed location is within habitat for listed rare, threatened, or endangered species, and regular use of a mooring in that location would unreasonably adversely impact the species; or f.The proposed location would cause unreasonable adverse impacts to a saltmarsh. Nothing in this subsection shall be construed to limit the authority of the harbor master to consider other factors and make determinations on unreasonable adverse impacts to natural resources on a case-by-case basis. Where practicable, the harbor master shall work with the mooring owner to evaluate and select placement and tackle alternatives in order to mitigate unreasonable adverse impacts on natural resources. (5)The harbor master's authority under this section shall not be inconsistent with Army Corps of Engineers and Maine Department of Environmental Protection approvals governing existing commercial moorings in mooring fields. (6)Where practicable, the harbor master shall, if so requested, locate the mooring within reasonable proximity of the mooring owner's property. All moorings that meet the above standards but are not placed in the location approved by the harbor master shall be moved by the owner at his or her own expense in accordance with the instructions of the harbor master. In the event of a mooring owner's failure to comply with the relocation and/or removal instructions of the harbor master, the harbor master shall move or remove the improperly located mooring and the cost shall be borne by the owner of the mooring. Before removing a mooring, the harbor master shall notify the owner, if ownership can be determined, by mail at the owner's last known address, or by email. The notice shall inform the owner of the desired action and of the fact that the mooring will be removed at the expense of the owner if the owner does not comply. If the matter is not settled to the harbor master's satisfaction within two (2) weeks after notice was given, the harbor master may then move or remove the mooring. h. Identifying numbers. Identifying numbers shall be issued to mooring owners, and mooring balls and buoys must be clearly marked with the issued number. Numbers shall be a minimum of four (4) inches and visible at all times. Replacement mooring balls and buoys shall maintain the originally assigned number. An annual mooring registration sticker, issued by the harbor master upon completion and approval of the mooring registration, shall be affixed to the top of the mooring buoy for which it was assigned. i. Ownership of moorings. All mooring assignments (with the exception of marina moorings) shall be used exclusively for the use of the mooring owner and solely for the watercraft (or in the case of a multi-use mooring, multiple watercraft) listed in the application. j. Termination. All persons who had been assigned a mooring and whose mooring assignment is to be terminated by the harbor master for reasons of noncompliance with this article or any other reason shall receive written notification from the harbor master. This notice shall state the fact of the termination and the reason for termination, and list the appeal procedures designated in section 11-14 of this chapter. k. Associations. Associations may establish and manage moorings plans on behalf of association members, subject to input and approval by the harbor master. Mooring areas controlled by associations shall be subject to the following requirements: (1) The association manages moorings in designated areas; (2) The association provides oversight of member mooring use, including inspections; and (3) The association is registered with the harbor master and provides member/mooring holder rosters and mooring location plans. l. Winterization of moorings. In order to improve public safety and avoid navigational hazards winter mooring buoys shall be readily visible at all times. They shall be white in color, oriented in a vertical position and extend at least eighteen (18) inches above the water. The mooring permit number (or business name for commercial/rental moorings) must be displayed on the winter mooring. Nothing in this subsection shall be construed as a limitation on the ability of the harbor master to carry out his responsibilities and duties as set forth in this chapter. CAPE ELIZABETH Mooring Location Assignments: All mooring locations shall be assigned by the Harbor Master. No mooring shall be placed without a written permit from the Harbor Master authorizing placement of a mooring at a specific location. Moorings shall be placed within thirty (30) days of obtaining a permit or July first (1) of the year the permit is obtained, whichever is later. Mooring Permit: All permits issued hereunder shall be for a period of one (1) year, and shall be subject to renewal annually. Permit holders who elect not to renew must notify the Harbor Master and remove their mooring. The mooring permit of any person who violates any of the provisions of these regulations may be revoked by written notice to that effect signed by the Harbor Master. Moorings to be Registered and Numbered: Moorings shall be registered and numbered at all times. Mooring numbers shall be issued by the Harbor Master at the time a mooring permit is issued. Mooring Locations Subject to Change: All moorings shall be subject to change in location at the owner's expense if such change is deemed by the Harbor Master to be in the best interest of the Town. Harbor Master Empowered to Remove Moorings: If a mooring owner refuses to move his mooring after receiving written notice to do so, the Harbor Master is authorized, after a fourteen (14) day waiting period to remove the mooring float, mark the mooring chain with an identifying tag and drop the chain to the bottom. If the Harbor Master determines that the anchor and chain could pose a fouling hazard to anchoring vessels or there is other reason for removal, the mooring gear may be pulled and the permit holder billed for the cost. The Harbor Master shall store any removed mooring gear up to six (6) months. During that period of time, the owner may reclaim the equipment after payment of any expenses or fines as provided under Title 38 M.R.S.A. §4. Location and Waiting Lists: Within the limitations of Sections 3 and 6 of Title 38, the Harbor Master shall assign mooring locations and maintain a waiting list for mooring locations. Standards: All moorings shall be of sufficient size and weight with chain and rope in sound condition to properly secure the moored vessel and the float attached to the mooring line shall be of sufficient size and buoyancy to remain afloat when not attached to the vessel. Moorings shall comply with the Mooring Standards as set by the Harbor Master. The adequacy of each mooring set remains the responsibility of the individual boat owner. Standards set by the Town are minimum standards. Renewals and Abandoned Moorings: Any mooring not used by the vessel(s) named on the permit application for at least seven (7) days during the previous year may be refused a permit renewal if its presence is preventing applications for that mooring area from being approved or requiring new mooring installations to be placed in more exposed locations. All mooring gear is to be removed by the owner within two (2) weeks of permit expiration. Moorings without current permits may be removed by the Harbor Master as provided in Sec.10-5-5 of this Ordinance. Inspection: All moorings shall be inspected according to a schedule and procedures to be posted by the Harbor Master. Inspection shall be performed only by individuals or organizations authorized by the Harbor Master and written reports of all inspections must be submitted to the Harbor Master. The mooring permit holder shall be responsible for all costs associated with mooring inspections. Buoys: Mooring marker buoys shall be visible at all tides. Buoys shall be white with a blue stripe. Town Moorings: Any moorings placed by the Town of Cape Elizabeth in anyBharbor under the jurisdiction of the Town shall not be used for a period longer than twelve (12)Bhours by any vessel, except by permission of the Harbor Master. Subletting of Mooring Space: The owner of any vessel having mooring space shall not sublet said mooring or mooring space to another user or vessel owner; however, another vessel owner may use the mooring, provided the original owner pays CUMBERLAND A. General. No person may place or establish a mooring in the coastal and tidal waters of the Town except within designated mooring areas as described in and shown on the Coastal and Tidal Waters Plan; provided, however, that: (1) A riparian owner who is the master or owner of a watercraft may be assigned mooring fronting their land even though the mooring is not within a mooring area shown on the Plan, so long as the mooring does not encroach upon the natural channel or channels established in the Coastal and Tidal Waters Plan and provided that the riparian owner annually registers the mooring as provided in Subsection B of this section. (2) A riparian owner using a mooring or moorings fronting their land but not located within the mooring areas shown and described in the Plan of the Town as of the effective date of this chapter and Plan may be allowed to continue to use up to three such moorings at the same location, so long as the moorings do not encroach upon the natural channel or channels established in the Plan and provided the riparian owner informs the Harbormaster of the mooring location within one year from the effective date of this chapter and annually registers the moorings as provided by Subsection B of this section. (3) A property owner with a right-of-way (ROW) to the water is accorded the same rights and restrictions accorded to a riparian owner under Subsection A(1) and (2) above, except that the mooring(s) may be placed as conveniently as possible in front of the ROW and must not interfere with the reasonable placement or moorings allowed for riparian owners. Furthermore, should space be insufficient to meet demands, the number of moorings allowed for a ROW property owner in front of the ROW may be reduced to one. (4) The Town may permit a contractor to establish up to two moorings within the mooring field. These moorings are reserved for the contractor's exclusive use from January 1 until June 1 and from October 1 until December 31 for the purpose of tending Town and privately owned floats and moorings. From June 1 until September 30, the Town may use the floats as rental or transient moorings. The annual mooring fee is waived for these floats. The daily rental fee is established at § 84-12C. B. Assignment and location of moorings. (1) No person may moor a watercraft in any part of the coastal and tidal waters of the Town without first annually registering the watercraft and obtaining a mooring assignment specifying the location of the mooring. (2) No owner or master of any watercraft may permit their watercraft to be docked or moored in such a manner as to obstruct the free passage of other watercraft going to or from any wharf, pier, or other mooring in the Town. (3) Any mooring assignment in the coastal and tidal waters of the Town is governed by the following guidelines: (a) Application for a mooring must be made by March 15 of each year unless an applicant shows good cause why they could not apply by that date (as, for example, a person who acquires a boat or becomes a resident after March 15). A mooring assignment will be valid until December 31. Any renewal application made after March 15 will be subject to a late fee established by the Town Council and listed in § 84-12G. A person previously holding a mooring permit in the Broad Cove mooring field who fails to renew the mooring by March 15 loses the right to renew and must apply for a new mooring. (b) All persons applying for and receiving a mooring assignment must pay to the Town a fee as established by order of the Town Council. See § 84-12A and B. (c) If a person with an assigned mooring changes watercraft during the permit year, they must submit information regarding the change to the Harbormaster through approved means for review. If the characteristics of the mooring (block, chain, pennant) must be modified to accommodate the new watercraft, the notification should be made in advance of the change. If the mooring location needs to change, the notification and Harbormaster approval MUST precede any change. No new fees will be charged. The Harbormaster should be consulted if there are any questions. (d) Notwithstanding any other provision of this chapter, any person using a mooring located within the mooring areas shown and described in the Plan of the Town as of the effective date of this chapter and Plan will be allowed to continue to use that mooring at the same location, so long as the mooring does not encroach upon the natural channel or channels established in the Plan, and provided that such person informs the Harbormaster of the location of the mooring within one year from the effective date of this chapter and annually registers the mooring as provided by this Subsection B. (4) In the event more mooring applications for the Broad Cove Reserve mooring field are received than there are available spaces, the Harbormaster may maintain a waiting list of all applicants who have not been assigned a mooring. Further, if a plan is amended and that revised plan provides for fewer moorings, the moorings available under the revised plan must be assigned to persons who had registered moorings at the time of amendment of the plan under this allocation system, except as otherwise provided by this chapter. Persons may add their names to the waiting list using the required process. This procedure must be posted in the Town Hall, and the waiting list must be a public document under the Freedom of Access Law. The waiting list must be maintained in chronological order of application, and any vacant space must be assigned to the first person on the waiting list, in accordance with the following priorities: (a) A riparian owner who is the owner or master of a watercraft and who is applying for a mooring assignment must receive the first vacancy available, and the mooring must be located fronting their property, provided that such location does not encroach upon the natural channel or channels established by the Plan. No more than one mooring may be assigned to any shorefront parcel of land under this priority, but this limitation may not prevent a riparian owner from receiving additional mooring assignments under this allocation system. (b) A homeowners' association member who has recorded rights to the shore through a deed, subdivision plan, or homeowners' association document. (c) A property owner with a ROW to the water is accorded the same rights and restrictions accorded to a riparian owner, except that the mooring(s) may be placed as conveniently as possible in front of the ROW and must not interfere with the reasonable placement of moorings allowed for riparian owners. (d) Any other resident or property owner of the Town. (e) Any person who does not meet the requirements of Subsection B(4)(a) through (d) above; however, if a waiting list is created, the next vacant space must be assigned to the first nonresident on the waiting list in accordance with the following priority: [1] If the principal use of the vessel is noncommercial and less than 10% of the assigned moorings in the mooring area are currently assigned to persons fitting this description, then to the first such person on the waiting list. [2] If the principal use of the vessel is commercial and less than 10% of the assigned moorings in the mooring area are currently assigned to persons fitting this description, then to the first such person on the waiting list. [3] If both nonresident noncommercial and nonresident commercial assignments are below 10% of the moorings and there are both types of applicants on the waiting list, the available space must be assigned to the first applicant in the category that is farthest below 10%. (5) The Harbormaster must maintain a record of each mooring assignment, including the location of assignment as well as the application information required by this chapter. These records must be retained as required by the state's records management process. (6) Mooring assignments are not transferable, and assignments must not be rented unless approved by the Harbormaster. (7) The Town reserves the right to reassign moorings each year to better use available space. C. Moorings. Moorings must consist of appropriately sized mushroom anchors, granite blocks, or helix moorings, connected to a surface buoy by a chain of appropriate size and length for the vessel, depth of water, and exposure to weather. Concrete blocks, engine blocks, and other "objects of convenience" are not allowed. The surface float must consist of a white mooring ball on which the name of the watercraft owner or master and mooring registration number is painted with at least three-inch-tall letters and numbers in a contrasting color. A pennant of suitable diameter and length completes the mooring assembly. Guidance for selecting the sizes of materials can be obtained from the Town website or from approved mooring services listed on the Town website. D. Inspections. (1) An approved mooring service must inspect and be satisfied that each mooring is in safe condition before it is placed in the mooring area. (2) Each mooring must be inspected every two years by a qualified mooring inspector. A list of qualified mooring inspectors may be obtained by contacting the Harbormaster. Inspection results must be reported to the Harbormaster within five working days and all deficiencies repaired within 30 days of the inspection. (3) The Harbormaster will, in accordance with Maine Revised Statutes, Chapter 5, Section 95-B, Local Government Records, maintain a file on each mooring, including the dates of inspection and the approved mooring service that inspected it. E. Winter spars. Winter spars cannot be installed before September 15 and must be attached by December 1 each year. They must be removed and replaced with the white ball by June 1. F. Removal of moorings. An owner who discontinues the use of a mooring is responsible for removing the mooring from the marine environment. The Town has the right to remove and dispose of any mooring, including unsafe, abandoned, unregistered, improperly identified and objects of convenience moorings at the owner's expense. The penalty for failing to remove and dispose of any mooring is described in § 84-12H. Disposition of any proceeds from removed moorings is governed by State Abandoned Property Law. [Amended 12-27-2021] G. An applicant receiving a mooring assignment within Broad Cove Reserve, effective on or after May 1, 2017, must install the mooring. Should a mooring not be installed by July 1, the applicant forfeits the mooring and may apply again in three years. A fee must be paid to cover the administrative expense of managing the reassignment process. The reassignment fee is specified in § 84-12D. HARPSWELL Mooring Registration and Regulations: Registration All moorings located below the lowest annual tide in waters of Harpswell shall be registered with the Town Clerk. For renewal moorings re-registered after May 1, a late fee will be added. Late fees are determined by the Board of Selectmen, as may be amended from time to time. Requirements for New and Renewal Mooring Registration Applicants for a new mooring registration must submit a completed application form to the Town Clerk on forms available in the Town Clerk’s Office. Applicants for a renewal mooring registration need only submit a new completed form to the Town Clerk if there are any changes to the registration from the prior year, including change of vessel, change of contact information, change of resident status or upon the Harbormaster’s request. A vessel or float registered and/or owned by the mooring applicant must accompany each mooring, unless a permit from the Army Corps of Engineers is acquired. In cases where a permit from ACOE has been acquired, the mooring may be registered as a Rental, Service, Guest or Float Mooring with approval from the Harbormaster. Requirements for New and Renewal Waiting List Registration Applicants for a new waiting list registration must submit a completed application form to the Town Clerk on forms available in the Town Clerk’s Office. Applicants for a renewal waiting list registration need only submit a new completed form to the Town Clerk if there are any changes to the registration from the prior year, including change of vessel, change of contact information, change of resident status or upon the Harbormaster’s request. Failure to renew a position on the waiting list shall result in losing seniority on the waiting list. Categories of Mooring Registration Resident /Non-Resident Taxpayer Non Resident Rental Mooring Float Mooring Service Mooring Guest Mooring Registration Fees The registration fee shall be in the amount determined by the Board of Selectmen in accordance with Title 38 M.R.S. § 7-A(2), as may be amended from time to time. The registration fee schedule shall be available at the Town Office. Waiting List Fee All waiting list fees are due by May 1, annually. The Waiting List Fee shall be in the amount determined by the Board of Selectmen as may be amended from time to time. Unregistered Moorings If any mooring that has not been previously registered is placed in Harpswell waters, the Harbormaster may have the mooring removed immediately at the expense of the person or persons responsible. If any renewal moorings in the waters of Harpswell are unregistered after May 1, the Town Clerk shall notify the owner. If registration is not completed within thirty (30) days of the date of notice, the Harbormaster may have the mooring removed at the expense of the mooring owner. Permit Numbers The issued permit number must be painted or burned onto the mooring buoy in a legible manner with numbers at least 3 inches tall. Mooring buoys without the mooring permit number properly displayed shall be considered abandoned. Assignment of Mooring Space: 1) A permitted mooring shall be assigned a location in Harpswell waters by the Harbormaster on a first-come first served basis as space permits with due regard to navigation and the safety of persons and property, and, where feasible, the prior year’s location. New mooring permits will not be issued for a mooring that is located more than one-half statute mile from the applicant’s point of land access in Harpswell. 2) If there is insufficient space to assign allocations for all registered moorings in the location requested, the harbor will be considered closed. The applications not assigned mooring locations shall be placed on a waiting list which will be maintained by the Town Clerk, posted and available for inspection in the Town Office. 3) Any applicant who completes re-registration by May 1, of any year shall be given preference for the location occupied by the registrant’s mooring the prior year, unless the Harbormaster determines that a demonstrated need for that location has been shown by someone higher on the list of priorities in Section 5.2.4 below. In such an event, after consultation with the original registrant, the Harbormaster will provide a new location and relocate the mooring, in the same condition it was in at its original location, at the expense of the new mooring owner being assigned the original registrant’s location. 4) As space in closed Harbors and Anchorages of the waters of Harpswell becomes available, assignments of mooring locations shall be made from the waiting list in accordance with the terms of Title 38 M.R.S. § 7-A(2), as may be amended from time to time, on the basis of the date of the applicant’s request and with the following priorities: 5) Shorefront Owner with respect to an initial location adjacent to the owner’s shore frontage, including owners of lawfully created lots who, prior to January 1, 1987, owned shore rights of at least 100 feet of frontage regardless of the size of the lot; a) Resident Commercial Fishermen b) Resident Marine Related Business c) Resident Recreational d) Non-Resident Taxpayer e) Non-Resident Commercial Fishermen f) Non-Resident Marine Related Business g) Non-Resident Recreational Mooring Inspection Required Moorings shall be inspected not less than once every three years. The owner of the mooring shall provide evidence of inspection, or proof of current vessel insurance, or sign a mooring safety statement form indicating that the mooring is in safe and operable condition as inspected by the mooring owner and in accordance with suggested industry standards. (Industry standard suggestions may be obtained from the Harbormaster’s office). Signature on a mooring safety statement form indicating that the mooring will not be used until the mooring can be made safe and operable will also be considered sufficient for that renewal period. The mooring owner is responsible for the adequacy and performance of all mooring gear, tackle, and maintenance thereof. The Harbormaster has the authority to inspect at any time any mooring and to require any necessary maintenance or replacement of parts or the whole mooring, tackle and/or gear, for which the mooring owner shall be responsible for all costs incurred. Failure to maintain a safe and adequate mooring may result in civil penalties and loss of the mooring permit. The Town of Harpswell assumes no liability whatsoever for the actual performance or adequacy of any mooring system employed by a mooring owner. Rental Moorings No mooring shall be used as a rental mooring without first registering it with the Town and obtaining a permit from the Army Corps of Engineers. An alternate numbering system may be used by the rental mooring owner if approved by the Harbormaster. Float Moorings Float moorings shall be registered with the Town and be permitted by the Army Corps of Engineers. Float moorings shall only be used for their permitted purposes. Guest Moorings Guest moorings shall be registered with the Town and be permitted by the Army Corp of Engineers. Guest moorings shall only be used for their permitted purposes. Haul-Off Moorings No haul-off mooring shall be placed within 100 feet of any public boat launch, dock, pier, wharf or other publically owned property without approval from the Harbormaster. Any haul-off mooring interfering with the ingress or egress of any publically owned boat launch, dock, pier, wharf or other publically owned property, after notification by the Harbormaster, will result in the removal of the haul-off, at cost to the owner. Transfer of Moorings Mooring gear may be sold or transferred at the discretion of the owner. However, the mooring location or assignment may not be bought, sold, or otherwise transferred unless it is a transfer of a mooring assignment used for commercial fishing purposes. A mooring assignment used for commercial fishing purposes may be only be transferred as follows: a) at the request or death of the assignee; b) to a member of the assignee’s family; and c) if the mooring assignment will be continued to be used for commercial fishing. For the purposes of this subsection, “member of the assignee’s family” means an assignee’s parent, child, or sibling by birth or by adoption, including a relation of half-blood or an assignee’s spouse. The Harbormaster shall be notified of transfers for commercial fishing purposes within thirty (30) days of the transfer. Relocation of Moorings When any mooring within the waters of Harpswell is located such that hazard to other property is inherent due to its position, the Harbormaster shall arrange for the relocation of the mooring or moorings involved whenever he is notified of the hazard. Any expense to the Town relating to the relocation of moorings shall be reimbursed by the owners. Removal of Abandoned Moorings When the Harbormaster has determined that a mooring is abandoned, he shall so tag the mooring buoy. He shall record the date of the determination, location of the mooring and, if possible, the name of the owner in his records. He shall notify the owner of the abandonment and order the owner to remove the mooring within fifteen (15) days of the date of the notice. If the mooring is not removed, the mooring buoy appropriately marked or re-registered within the applicable fifteen (15) day period, it may be removed or dropped by the Harbormaster at the expense or the owner in accordance with the provisions of Title 38 M.R.S. § 4, as may be amended from time to time. Nothing in this Section shall impede enforcement (Section 8.1.7) or collection of penalties (Section 8.2). FREEPORT 1. Registration: Persons desiring to place moorings in the Harraseeket River anchorage shall apply for mooring assignments each year. During or before January of each year, the Harbormaster shall notify each person who received a mooring assignment the previous year and in fact used this assignment for its prescribed use, and any other applicants who have asked to receive a mooring application, that completed applications shall be returned to the Harbormaster by the applicant no later than March 1st of that year. Applications shall be made on the electronic form provided by the Harbormaster. Paper applications may be made available upon request. Mooring Applications which are between one (1) and seven (7) days late will be assessed a late fee, as established by the Town Council. Persons may request a waitlist application at any time, however each applicant must renew their application each year between January 1st and March 31st. Any person who fails to renew their waitlist application will be removed from the list. The burden of proof in determining residence, legitimacy of business usage, principal use of a vessel or any issues of adequacy of design or construction, shall be upon the applicant. There shall be a maximum of three hundred fifty (350) moorings, not including flats moorings, located in the Harraseeket River anchorage. The Harbormaster shall decide on the number of moorings applicable in all Freeport tidal waters taking into consideration the concerns of area residents, the ease of access to moorings and any other applicable factors. a. Persons desiring to place moorings anywhere in the anchorage of the Town of Freeport, excluding the Harraseeket River anchorage, shall complete a mooring application. Information relative to the application shall be followed as required by section 1 above, Registration. This article does not apply to boats eight (8) feet or under that are not on a permanent mooring. 2. Termination: All persons who had been assigned a mooring the entire previous year whose mooring assignment is to be terminated by the Harbormaster for reasons of non-compliance with the Coastal Waters Ordinance or any other reason shall receive written notification from the Harbormaster no later than January 31. This notice shall state the fact of termination and the reason for termination, and inform the applicant of his/her right to appeal the decision of the Harbormaster to the Coastal Waters Commission as prescribed in Article XI below. 3. Mooring Assignment Application: Each application shall contain the following: (a) The applicant's name (or applicants’ names in the event the mooring assignment is to be held jointly by spouses), complete address, home telephone number, place of employment and work telephone number; (b) The boat name, State or Federal registration number, the vessel identification number, the engine number, name and address of boat owner(s); (c) The type of boat, i.e. sail, power, inboard or outboard; (d) Length of boat and hull configuration, i.e. deep keel, shallow draft; (e) If the boat is less than twenty feet (20') in length, the type of mooring desired, temporary or permanent; (f) Name, address and telephone number of person who will set, service and inspect the mooring; (g) The signature or electronic signature of the applicant and date of application; (h) Payment of the appropriate fee. (i) Consent from the applicant allowing the Harbormaster, at any time the boat is occupied, to board and inspect any tanks, valves, pumps and lines, including but not limited to, “Y” valves and electric systems such as Electra San, to insure such tanks, valves, systems, etc. are not set in a position that would allow the discharge of sanitary wastes into a Freeport anchorage. 4. Fees: All fees shall follow the fee schedule established by the Town Council. The Coastal Waters Commission shall review fees at least once every two years and may make recommendations for adjustments to the Town Council. 5. Mooring Assignment: All persons who received and used a mooring assignment in the previous year, and whose mooring application was received in a complete and timely fashion, will receive a mooring assignment for the current year on March 15 of that year, unless a delay is announced due to a change in law, environment, etc. After March 16 the Harbormaster will award any remaining mooring assignments to persons who have been on the waiting list. The Harbormaster and the Coastal Waters Commission will maintain a balance of not less than ten percent (10%) non-resident mooring assignments. At all times the following priority order shall be maintained: (1) Resident Commercial Fisherman; (2) Resident/Recreational; (3) Commercial Passenger Boat (4) Resident Commercial Marine Enterprise; (5) Non-Resident Commercial Fisherman; (6) Non-Resident Commercial Marine Enterprise; (7) Non-Resident Recreational; (8) Resident Subsequent; (9) Non-Resident Subsequent. In any one year not more than twenty-five percent (25%) of new mooring assignments shall be assigned to non-recreational applicants. 6. Waiting List: The Harbormaster shall maintain one chronological waiting list with complete application information of all applicants who have applied for but not received a mooring assignment. Persons desiring a place on the waiting list may apply at any time by making out a mooring application form and filing it with the Harbormaster. The list shall be in eight sections, each section in chronological order as to when the application was received with recreational applications being limited to natural persons: (1) Resident Commercial Fisherman; (2) Resident/Recreational; (3) Resident Commercial Marine Enterprise; (4) Non-Resident Commercial Fisherman; (5) Non-Resident Commercial Marine Enterprise; (6) Non-Resident Recreational; (7) Resident Subsequent; (8) Non-Resident Subsequent. A copy of this waiting list, composed of all information required in Article V Section 3 of this Ordinance, shall be posted in the Town Office and shall be provided to all members of the Coastal Waters Commission, and made available for any Commercial Marine Enterprise or any others who request a copy. 7. Numbers: (a) Marinas shall be assigned a total of not more than 15 mooring assignments each. These may not be located in the Commercial zone without approval by the Harbormaster. If any of these moorings shall be rented they shall be considered rental moorings. (b) Yacht Clubs in existence as of January 1, 1999 shall be allowed not more that 4 (four) mooring assignments each. (c) All other categories listed in Article V.5 (I)-(II) may apply for one mooring assignment each. Applicants desiring more than one mooring assignment must apply to the Coastal Waters Commission and prove need. 8. Leasing: All mooring assignments (with the exception of Marina Rental Moorings) shall be used exclusively for the personal use of the applicant solely for the boat listed in the application. No leasing, subleasing, or assignment of moorings or mooring numbers shall be allowed. 9. Abandonment of Assignment: The Harbormaster shall deem abandoned any mooring assignments substantially unused by the applicant for their vessel for a period of more than one season. Subsequent application for a mooring number assignment by that person must be in accordance with the procedure outlined for new applications, including placement in chronological sequence on the waiting list. 10. Placement: The Harbormaster shall develop a plan for the placement of moorings in the Harraseeket River anchorage. They shall annually assign locations to each mooring and ensure placement in the correct location. All moorings not located in the correct location shall be moved by the owner at their own expense in accordance with the instructions of the Harbormaster. In the event of the failure of the owner to comply with these instructions, the Harbormaster shall move or remove the improperly located mooring and the cost shall be borne by the owner of the relocated mooring. Resident commercial fishing vessel owners who request a place in the Commercial zone shall have their moorings assigned there by the Harbormaster as soon as possible. 11. Construction: (a) After April 1, 1987, all moorings in the Harraseeket River anchorage for boats in excess of twenty (20) feet shall be permanent moorings. (b) Boats under twenty (20) feet in length may be placed upon temporary moorings. (c) All mooring construction and placement, in the Harraseeket River anchorage of the Town of Freeport, must be approved by the Harbormaster. 12. Construction Standards in the Harraseeket River Anchorage: The mooring owner is responsible for the adequacy of all mooring gear, tackle and maintenance. (a) All permanent moorings shall comply with the following minimum specifications throughout the anchorage. (1) Each permanent mooring shall consist of a granite block or helix with heavy steel bottom chain attached to a lighter top chain, mooring buoy and a nylon pennant. Nylon or synthetic material as approved by the Harbormaster, may be substituted for the top chain. (2) All granite blocks shall be constructed of solid granite with steel staples or eyebolt extending completely through the block. Cement blocks, old engines and other miscellaneous weighted objects are unacceptable as mooring anchors in the harbor. (3) The mooring scope shall be approximately two times the water depth at maximum high water. Total scope shall include bottom chain and top chain together, each of which shall consist of approximately half the total length. (4) Each mooring must have at least one swivel, which must be placed above the top chain. All swivels and shackles must be larger than the chain diameter. All shackles and swivel pins shall be properly seized. All eyes in the nylon rode shall be fitted with appropriate size thimbles. Pennants connecting the mooring buoy to the moored boat shall be fastened to the lower eye of the mooring buoy and shall consist of nylon line equal to 1 1/2 to 2 times the freeboard at the bow of the boat. (5) Mooring tackle shall meet the following minimum: Up to 20' As approved by the Harbormaster. Registered Boat length (ft) Granite Block(lb) Bottom Chain Chain/Top Rode Nylon 20 - 25 2000 1/2 3/8 5/8 25 - 35 2500 1/2 3/8 5/8 35 - 40 3000 3/4 1/2 3/4 40 + As approved by the Harbormaster (6) Standards for helix moorings are the same as for other types. (7) Despite dimension standards established herein, any part of a mooring showing excessive wear or any mooring or gear, which does not meet with the Harbormaster’s approval, shall not be permitted. (8 All moorings shall be white in color with a blue horizontal stripe, be at least 18 inches in diameter, and show 2/3 above the water at all times. This device will be marked with owner’s name and permit number in a manageable and legible manner. (9) All moorings shall be of appropriate size and design for the largest size boat likely to be placed thereon. (10) Wire cable will not be allowed in the anchorage. (11) Old discarded moorings, mooring chain and related items must be removed from the anchorage. (b) Temporary Moorings: (1) The design and construction of all temporary moorings shall be approved by the Harbormaster prior to placement in the water and shall be of either mushroom or Dor-Mor construction. (2) Hand mixed cement blocks, old engines, and other miscellaneous weighted objects are unacceptable as mooring anchors in the harbor. (c) Winter: (1) Wooden spars and hard plastic net buoys may not be used in the Harraseeket River anchorage. Floating rope may be used, but must be counterweighted to prevent excess rope from floating on the surface. Temporary winter mooring items must be approved by the Harbormaster and may not be set before October 15 and must be removed by May 1 each year. Winter hardware remaining in the water after May 1 shall be removed by the Harbormaster at the expense of the owner and an appropriate fine levied in accordance with Article X, Item 3. (2) Pennants must be removed no later than December 21st. 13. Setting: (a) No temporary mooring shall be set before sunrise on the first working day in April without the express consent of the Harbormaster. (b) If the applicant who has received a mooring assignment disposes of the boat on that mooring, he or she shall notify the Harbormaster whether the boat will be replaced or the mooring is no longer needed. 14. Inspection: (a) The Harbormaster or their appointed deputy shall inspect and approve or be otherwise satisfied that each mooring is in safe condition before it is placed in the anchorage. (b) Every second year permanent moorings in the Harraseeket River anchorage shall be inspected at the owner’s expense and a report submitted to the Harbormaster. The Harbormaster has the authority to require any necessary maintenance or replacement of parts or the whole mooring, tackle and/or gear. (c) The Harbormaster shall maintain a file on each mooring, listing the date of the last inspection and the name of the person who last inspected it. 15. Anchoring: (a) Boats may anchor only in those areas and for the length of time permitted in writing by the Harbormaster. (b) The owner or operator of a boat desiring to anchor must provide a signed consent allowing the Harbormaster, at any time the boat is occupied, to board and inspect any tanks, valves, pumps and lines, including, but not limited to “Y” valves and electric systems such as Electra San, to insure such tanks, valves, systems, etc. are not set in a position that would allow the discharge of sanitary wastes into a Freeport anchorage. 16. Other Floating Objects: No mooring in this harbor shall be utilized to secure any floating object other than a single boat without express written permission of the Coastal Waters Commission. The term "boat" as used in this subsection shall include mooring derricks. (a) Houseboats whether temporary or permanent are prohibited from mooring or anchoring in the Coastal Waters of the Town of Freeport except at marinas, which provide the following: 1) A permanent float, dock or slip from which the houseboat may be directly boarded from land; 2) Connection to a public water supply by means of an individual anti-back flow valve; 3) A sewer connection to a public sewage system; 4) A year-round, all weather supply of electricity; 5) Parking as required by the codes and ordinances of the Town of Freeport; (b) All lobster floats in the Harraseeket River shall be subject to the approval of the Harbormaster. Maximum size float size will be six hundred forty (640) Square feet and will required to have no less than two (2) moorings, one fore and aft. Mooring weight and tackle will be determined by the minimum mooring requirements. If boats are tied to these floats, then the mooring requirements will be greater than the minimum standards as determined by the Harbormaster. 17. Flats mooring: Vessels drawing less than six inches unladen, and other vessels with the express permission of the Harbormaster, may utilize a flats mooring. Flats moorings shall be located and built of such construction as the Harbormaster may approve. They shall be marked by some system to be determined by the Harbormaster so as to be readily identifiable by him. These moorings shall not be included within the three hundred fifty (350) mooring limitation contained in Article V, Section 1 above. 18. Ownership: Nothing in this Chapter conveys any property rights in a mooring assignment in the Harraseeket River anchorage. A transfer of a commercial mooring may be made to family members by request at the death of the person holding the mooring. If unassigned, the mooring assignment reverts to the town and shall be assigned to the next eligible person. If a case should arise where a person holding a resident/recreational mooring assignment requests a change to commercial, and then requests a change back to resident/recreational, the request shall be granted. A husband and wife may hold any mooring in common. 19. Residency Status and Fees: If a person who holds a valid mooring assignment changes residency status, whether from resident to non-resident or from non-resident to resident, he/she is expected to notify the Harbormaster immediately. In the case of change from resident to non- resident, the Harbormaster will make a determination about fee increase. In the case of non- resident to resident, there will be no remission of fees. Failure to accurately report resident or non-resident status will be considered fraud, and will be subject to penalties under Article X of this ordinance as well as immediate forfeiture of the mooring assignment after notice and hearing. GEORGETOWN Registration of Moorings: A. Initial Application: Application forms for new mooring permits may be requested from the office of the Town Clerk. A completed application form, together with a non-refundable $50 application fee, should be submitted to the office of the Town Clerk. New permit applications will be reviewed by the Harbormaster within forty-five days of receipt. Applications will be either approved, with conditions placed on the permit if the Harbormaster deems them appropriate; denied; or, in the case of an application for a mooring location in an area of the harbor where no space is currently available, placed on the official waiting list for mooring assignment. The mooring permit will be issued upon approval of the application and payment of the appropriate annual fee. B. Renewal: Annual mooring renewal fees become due on January 1st of each year and must be paid on or before April 30th of that year. A fee double the original fee shall be imposed for payments received between May 1st and May 31st. Mooring renewal fees not paid on or before May 31st will no longer be accepted and mooring privileges will be revoked, the mooring ball will be removed and the tackle dropped or the mooring tackle removed at the owner’s expense so the mooring space can be reassigned. C. Annual Fees: The fee for residents of Georgetown is $15 for each mooring. The fee for non-residents is $40 for each mooring. The fee for a mooring permitted for rental use is $40. VI Rules Governing Moorings, Mooring Locations, and Anchoring A. All moorings that have been approved will be assigned specific locations with GPS coordinates. These coordinates will be recorded by the Harbormaster, with a copy maintained at the Town Office. Moorings will be given numbers that shall be prominently and permanently displayed on their buoys. Failure to display the number on the buoy may result in the number being affixed and the owner charged a $25 fee, to be added to the following year’s renewal fee. B. Only active moorings shall be permitted. Any mooring that is currently registered but not used pursuant to its permit within a twelve-month period shall no longer be permitted and shall be removed. C. The Harbormaster may require mooring owners to move their mooring to aid in establishment of an efficient mooring plan, to establish navigational channels, and/or to provide more adequate clearances among vessels. Notice will be given pursuant to 38 MRSA §§ 4 and 5 if such relocation becomes necessary. D. Anchoring in Georgetown waters is permitted for a period of up to two weeks, after which time permission from the Harbormaster is required. E. Mooring Assignment 1. Except as provided in subsection 2, mooring privileges shall be granted on application to the Harbormaster on a first-come, first-served basis. 2. When the number of applications exceeds the number of available mooring spaces in an area of the harbor, the Harbormaster shall assign mooring spaces as they become available from a waiting list, pursuant to the requirements of 38 MRSA § 3. 3. a. The Harbormaster shall maintain a waiting list of any applicants who have not been assigned moorings and post that list in the Town Office. The list shall be used to assist the Harbormaster in assigning moorings when he determines that space has become available. The list shall show the applicant’s name, residency status, use status (commercial or non-commercial), location preference, and date of application. Except as provided in 38 MRSA § 3, assignments shall be made in the chronological order received in accordance with the following priorities: 1) Vessel owners who are owners of waterfront parcels of land, who are entitled to one mooring in the harbor area adjacent to their land. (2) Resident commercial vessel owners. (3) Resident non-commercial vessel owners. (4) Non-resident non-commercial vessel owners. (5) Vessel owners with multiple mooring locations. b. If less than ten percent of the currently assigned non-commercial moorings in the Town’s waterways are held by non-residents, then the next available mooring shall be assigned to the first applicant on the waiting list meeting that description. If less than ten percent of the currently assigned commercial moorings in the Town’s waterways are held by non- residents, then the next available mooring shall be assigned to the first applicant on the waiting list meeting that description. If both non-resident non-commercial and non- resident commercial are allocated less than the required ten percent, the next available mooring shall be assigned to the first applicant on the waiting list from whichever group has the lowest percentage. Usage of all moorings, including rental moorings, shall be counted in the tabulation of the ten percent requirements. F. Mooring permits are not transferable, except that commercial fishermen may transfer mooring permits to members of their immediate family for continued use for commercial fishing, pursuant to 38 MRSA § 3-A. G. Except for rental and guest moorings, a mooring shall be permitted only to the registered owner(s) of the vessel listed on the permit. H. Multiple use of moorings: The Harbormaster shall facilitate the multiple use of moorings in the harbor in order to maximize the use of the limited space available. 1. Temporary use of a permitted mooring: With the written permission of the permitted mooring holder, the Harbormaster may issue a written authorization for a vessel belonging to an individual, or for a vessel in the care, custody, or control of a commercial entity, to occupy temporarily an unoccupied permitted mooring, subject to any provisions he deems appropriate. 2. Occasional use of a permitted mooring: The use of a mooring by a vessel other than the vessel listed on the permit, for a period not to exceed five days per calendar year, shall not require specific permission of the Harbormaster but shall require all of the following: a. the permission of the permitted mooring holder; and b. that the vessel’s length is no greater than that of the vessel listed on the permit; and c. if the vessel is a commercial vessel, it must be registered or documented to aGeorgetown Resident. I. Moorings shall at all times be maintained in a safe condition, in accordance with the provisions of the Mooring Permit. Failure by the permit holder to do so will result, after notification, in revocation of the permit. J. For purposes of identification, mooring balls or pick-up floats shall have their assigned permit numbers visibly displayed. K. Removal of abandoned moorings: When the Harbormaster determines that a mooring is abandoned; he shall tag the mooring ball as non-compliant and subject to removal in 30 days. In accordance with 38 MRSA § 4, the mooring ball may be removed and the tackle dropped. L. Rental moorings: No mooring shall be used as a rental mooring unless it is registered as such with the Town of Georgetown and the registered owner has a permit from the US Army Corps of Engineers. M. Persons setting non permitted moorings will be given 14 days to remove the mooring tackle or it will be cut and dropped by the Harbormaster. KENNEBUNK Moorings: A. Anchorages. No person shall place or allow to anchor or to lay any vessel in any position in Kennebunkport waters for more than 72 hours unless written permission has been granted by the Harbor Master. The Harbor Master may designate a specific area available as a general anchoring area. B. Designation of mooring sites. (1) The Harbor Master shall designate mooring sites in accordance with 38 M.R.S.A. § 3, as amended. Mooring sites shall be permitted for the sole use of the vessel indicated on the application. Any change in the vessel using the mooring site must be in accordance with this article and state law and have the written approval of the Harbor Master. (2) The Harbor Master shall have the authority to determine the total number of allowed moorings based on available mooring sites. The Harbor Master may consult with the Board of Selectmen and any other appropriate authority to determine mooring areas and their capacity. Commercial moorings shall comprise at least 60% of the total number of mooring sites within Cape Porpoise Harbor. If an existing commercial mooring becomes available within Cape Porpoise Harbor, it may not be assigned for use as a recreational or transient mooring if such assignment would cause the number of commercial moorings to constitute less than 60% of the total number of available mooring sites within Cape Porpoise Harbor. Mooring sites outside of Cape Porpoise Harbor may be designated commercial, recreational, or transient at the discretion of the Harbor Master. (3) The Harbor Master may change the location of assigned mooring sites when the crowded condition of the harbor, the need to conform with 38 M.R.S.A. §§ 3 and 7-A, or other conditions render the change desirable. C. Mooring permit. (1) Application. (a) Application for a mooring permit shall be made annually and shall contain the information set forth on the application. The applicant must demonstrate that the applicant is the vessel owner of the vessel associated with the mooring. An application will not be processed unless it is complete, the payment of required fees, including excise taxes or other taxes or charges owed to the Town of Kennebunkport, or its agent, is made prior to May 1 and there is a current mooring inspection certification on file with the Harbor Master. At the time of each annual review of mooring permits, existing mooring permittees shall be given priority over other applications for a mooring. (b) The Harbor Master shall deny any application where incorrect information is submitted, where outstanding Kennebunkport pier use fees or fuel fees are owed to the Town, or where an applicant is not in compliance with this article. (2) Waiting list. (a) The Harbor Master shall maintain a mooring permit waiting list and a mooring relocation waiting list, each of which shall be available for inspection at the Harbor Master's office. The operation of all waiting lists shall conform to 38 M.R.S.A. § 7-A, as amended. (b) All persons desiring mooring space in Kennebunkport waters shall place their name and the type of mooring desired on the mooring permit waiting list. All mooring permittees desiring a different mooring site shall place their names and their desired mooring location on the mooring relocation waiting list. A fee may be charged to be placed on the mooring permit waiting list which shall be applied against the mooring permit fee as a credit the year the mooring is placed. (c) The mooring permit waiting list will be operated on a first-come, first-served basis, priority being given as stated below: [1] Commercial fishing vessel owners. [2] Shorefront property owners. [3] Recreational vessel owners. [4] Transient moorings to be operated by the Town of Kennebunkport. [5] Transient moorings to be operated by any other person. (d) Waiting list members must renew their waiting list application annually to retain placement on the waiting list. All information such as vessel type, and length, residency status, as well as contact information, must be updated by the person on the list. [Added 6-11-2019] (e) The mooring relocation waiting list will be operated on a first-come, first-served basis. The Harbor Master shall attempt to accommodate any request for a relocated mooring site when, in the Harbor Master's discretion, conditions do not render the relocation undesirable, and the relocation is consistent with (3) To whom issued. A recreational mooring permit shall only be issued to the vessel owner, and a commercial mooring permit shall only be issued to an officer or principal of the commercial fisheries business. A transient mooring permit shall be issued to the person who will maintain and operate the transient mooring. (4) Conversion. A mooring shall not be converted from the class of mooring originally permitted if such conversion would be inconsistent with § 61-14B. D. Mooring identification. All moorings shall have the number of the mooring permittee indicated on the float or buoy above the waterline for the purposes of identification. Such number and name shall be displayed in at least three-inch letters and be legible at all times. Mooring buoys shall be white with a single blue horizontal band clearly visible above the waterline. E. Placement of moorings. No person shall place a mooring of any type within the boundaries of Kennebunkport waters without a mooring permit issued by the Town of Kennebunkport's Harbor Master. F. Size and construction. All moorings shall be of a suitable size and construction for the vessel. Mushroom or pyramid anchors are recommended, unless the owner can demonstrate holding power adequate for his boat. Blocks are permitted; however, they may only be granite; concrete or cement blocks are not allowed. The weight of the mooring anchor shall conform to the requirements of either the chart or formulas below. Chain size shall conform to the chart below, regardless of whether the weight conforms to the chart or formulas below. (see actual ordinance for details) G. Inspection of moorings. The Board of Selectmen shall have the authority to approve regulations to establish a program requiring the inspection of moorings. H. Denial. The Harbor Master may deny the replacement or use of a mooring if, in the judgment of the Harbor Master, the vessel is: (1) Structurally unsafe; (2) Emitting obnoxious fumes, oils, or any other substance detrimental to the safety o comfort of others, including any pollution of its waters, shores and flats; (3) Of inappropriate size for the mooring; or (4) Causing damage to Town-owned waterfront facilities. I. Nonuse of moorings. If a mooring permittee fails to use the assigned mooring site or mooring for the vessel listed on the current mooring permit during the term (June 1 to May 31) of that permit, the mooring permit shall not be renewed. A mooring permittee may appeal such nonrenewal to the Board of Selectmen pursuant to § 61-20 of this article. J. Mooring assignments. (1) There shall be no transfer of a mooring permit or an assigned mooring site and no renting of a recreational or commercial mooring, except for good cause with the prior written approval of the Harbor Master and, if otherwise required by law, the Army Corps of Engineers, or as otherwise noted in this article. Municipal and commercial transient moorings are permitted to be rented. (2) A mooring permittee shall promptly notify the Harbor Master of a proposed change of vessel on a recreational or commercial mooring. Such change of vessel shall be permitted only with the prior written approval of the Harbor Master. (3) Any assigned mooring site used for commercial fishing purposes may be transferred only at the request or death of the permittee, and only to a member of the permittee's family and only if the mooring assignment will continue to be used for commercial purposes. For the purpose of this section, "member of the permittee's family" means a permittee's parent, child, or sibling, by birth or by adoption, including a relation of the half blood or an assignee's spouse. OGUNQUIT Mooring regulations. For the purpose of this chapter, the following mooring regulations shall be observed: A. The mooring and anchoring of all watercraft in Perkins Cove shall be governed, regulated and controlled by the municipality in accordance with the provisions of 38 M.R.S.A. §§ 2 to 9, as amended, and the Local Cooperation Agreement (LCA) between the municipality and the Department of the Army acting through the U.S. Army Corps of Engineers, the same being attached to this chapter as Appendix III. The Municipal Officers only shall establish rules and regulations governing the public use of the waters of Perkins Cove. B. The mooring of watercraft shall be restricted to those areas so designated by the Municipal Officers, in accordance with 38 M.R.S.A. §§ 2 and 3, as amended. All moorings set or placed within the inner harbor of Perkins Cove, that being upriver or inland of the existing Perkins Cove footbridge, shall conform to these regulations. C. Specific mooring sites shall be assigned by the Harbormaster. D. The physical site of each mooring and the material, such as line, chain, fasteners, and other like items, must be approved by the Harbormaster prior to the installation and mooring of any watercraft. Compliance with such mooring specifications does not guarantee the safety of the mooring nor does it create any liability on the part of the Harbormaster or the municipality. E. As of June 1, 1996, boats of permanent mooring holders equipped with tuna stands longer than 10 feet must have a means of retraction. If there is a complaint to the Harbormaster, the stand must be retracted when in the waters of Perkins Cove. [Amended 6-6-1995 Select Board] F. Only a single watercraft may be tied to a single mooring at any one time. Should the mooring holder wish to replace his or her watercraft, the replacement must comply with the pertinent size regulations cited in § 91-4 of this chapter and must have the Harbormaster's written approval of the replacement prior to its being moored or anchored in Perkins Cove. G. Each mooring is allowed one nonmotorized tender or dinghy, which shall have the owner's name placed thereon. [Amended 6-6-1995 Select Board] H. Existing mooring assignment holders shall retain their mooring priority until such time as a holder fails to pay the required mooring fees, voluntarily surrenders the mooring, or fails to comply with the mooring regulations contained within this chapter. I. In that instance when a mooring assignment holder sells or otherwise disposes of his or her watercraft, so long as the holder's annual mooring fees are current, he or she shall have a one-year grace period in which to replace the watercraft with one that likewise meets the size limitations dictated by this chapter. After a year's grace period, if the same watercraft or one of similar size is not placed back on the leased mooring by June 1 of the next year, the mooring will become forfeited and open to the mooring waiting list applicant. J. There shall be two mooring waiting lists: small boat (25 feet or less) and large boat (26 feet or greater). Within each list there shall be two categories: commercial and noncommercial. Mooring vacancies shall be filled from the appropriate mooring waiting list on a first-come, first-serve basis, based on filing date of the application(s). [Amended 6-4-2011 ATM] (1) Upon refusal of an offered mooring, an applicant who wishes to remain on the mooring waiting list will be required to pay another filing fee and will have his/her name placed at the bottom of the appropriate mooring waiting list. (2) To upgrade from a small boat mooring to a large boat mooring, the applicant's name will be placed at the bottom of the large boat mooring waiting list. K. Mooring assignments shall be available in the following priorities: commercial and noncommercial/recreation. [Amended 6-14-2011 ATM] (1) Failure to demonstrate commercial activity will result in the loss of the mooring lease and that mooring loss will be at the discretion of the Harbormaster and will include a period of time (one year) for the mooring holder to come into compliance. Any mooring leaseholder must provide appropriate licenses and business plan, and/or other documentation sufficient to prove commercial activity, to the Harbormaster, upon request. Loss of mooring lease may be first appealed to the Harbor Committee with further appeal made to the Select Board. (2) Commercial mooring holders must demonstrate commercial activity every year for a period of 10 years in order to maintain the mooring lease and its commercial status. (3) After a period of 10 years of proven continuous commercial activity, the commercial mooring leaseholder may, at his/her discretion, opt to discontinue commercial mooring activity and still retain the mooring under a recreational/noncommercial status without the rights and privileges of a commercial mooring lease. L. As a means of defraying costs for the administration of this chapter and the maintenance of floats, bulkheads, pilings, and other public structures in, around and associated with Perkins Cove, each mooring holder shall be charged an annual fee based upon the length of the moored watercraft in linear feet, each fraction of a foot to be rounded up to the next foot. It is the responsibility of the mooring holders to provide proof of ownership of a watercraft assigned to a specific mooring. Ownership must be proved at the time of application for a mooring permit. Such fees shall be set from time to time by the Municipal Officers and shall be attached as an appendix to this chapter.3 (1) Holder or owner of mooring assignment. The holder of each mooring assignment shall be a single individual, irrespective of whether title to or ownership in the watercraft is held in joint names or in a corporate name. In the event that title to or ownership in watercraft is held by a corporation, partnership or limited liability company, the holder of the mooring assignment shall be an individual who shall have no less than a 51% ownership interest in the corporation, partnership or limited liability company, as the case may be. (2) Transfer of commercial mooring assignment; watercraft used exclusively for commercial fishing or commercial tours. In the event of the death, retirement or at the request of a mooring assignment holder for watercraft used for commercial fishing or commercial tours, as defined, the mooring assignment may be transferred only to a member of the holder's family and only if the watercraft will continue to be used for commercial fishing or commercial tours, subject to the one-year grace period limitation. The term "member of the holder's family" shall mean a holder's spouse, parent, child or sibling, by birth or by adoption, including a relation of half-blood. M. Annual mooring bills are mailed in January of each year, payment due May 31 of that same year. Mooring payments not being made by December 31 of the same year will result in forfeiture of mooring. N. Should a mooring holder cause his or her watercraft to be absent from the assigned mooring for a period of time exceeding 48 consecutive hours, the mooring holder shall notify the Harbormaster, who then may offer the mooring for overnight use to a visiting watercraft. The fees for such temporary accommodations shall be established by the Municipal Officers and included in the mooring fees appendix. O. Winter mooring may be granted to commercial fisherman, at the discretion of the Harbormaster. Fees for such use shall be established by the Municipal Officers and shall be included in the mooring fees appendix. [Amended 6-6-1995 Select Board] P. The Harbormaster shall have full authority to shift boats from different mooring locations within the cove, when deemed necessary. [Amended 6-14-2011 ATM] SACO Moorings and buoys. A. Assignment of moorings. (1) No mooring shall be set within City waters except by permission of the Harbor Master. Any person wishing to place a mooring in City waters or to relocate an existing mooring shall request such permission in advance from the Harbor Master. Annually, the Harbor Master shall prepare an updated list of approved mooring holders and provide it to the City Clerk by January 1. Only applicants appearing on the current approved mooring holders list may submit a mooring permit application to the City Clerk. Following acceptance of the application by the City Clerk and the payment of the appropriate fee, and provided the conditions in Subsection B(7) are met, the Harbor Master shall then assign a location for such mooring and shall advise the applicant concerning the requirements of these rules and regulations. (2) In the assignment of moorings, the Harbor Master shall, insofar as the same may be done consistently with these rules and regulations and with due regard for the safety of other vessels and of navigation, give consideration to the choice of the applicant. However, where mooring rights of individuals are claimed to be invaded and protection is sought of the Harbor Master, the Harbor Master shall assign and indicate to the masters or owners of the vessels the location which they may occupy for said mooring, and the Harbor Master shall assign mooring privileges in all cases where individuals who own or have an interest in the shore rights are complainants and shall locate suitable mooring privileges temporarily or permanently, fronting their lands if so requested, but not so as to encroach upon the natural channel or channels established by this chapter. Moorings shall be set by July 30 of each year. (3) City Hall shall maintain a waiting list, with a registration fee established by the City Council, after a public hearing. (4) The Harbor Master, based upon the waiting list, shall authorize moorings on a first-come-first-served basis, except that commercial harbor users may be given priority for facilities developed for commercial users with federal funds. The Harbor Master will provide the updated lists to the City Clerk on May 1, July 1 and October 1 each year and at other times when requested. The lists shall be provided to any member of the public who requests them. If there is a dispute about mooring assignments, the Saco Coastal Waters Commission shall hear appeals from the decisions of the Harbor Master. (5) Any permit issued hereunder may be revoked if the Harbor Master determines that any portion of a permit holder's application contains false or misleading information. Any revocation may be appealed as set forth herein. [Added 2-3-2014] B. Application for mooring permits. (1) Applications for mooring permits for any one-year period must be filed with the City Clerk by March 15 of the current year, on forms prescribed by the Saco Coastal Waters Commission. Applications and payment for renewal of a mooring permit which have not been received within 60 days of the permit application filing date will cause that mooring location to be deemed vacant, and the mooring location reassigned. Applications received during the sixty-day period are subject to a late fee. (2) The City of Saco mooring permit application form contains additional rules and regulations regarding use and placement of moorings. The address of the applicant supplied with the permit application shall serve as the address of record for all purposes of notice where notice is required in this chapter. (3) Permits shall be good for one year (January 1 to December 31). They are at all times a revocable license issued subject to the terms herein, and under no circumstances will they be treated as, or deemed, a property right. [Amended 2-3-2014] (4) Any mooring location not occupied by the vessel or float registered to it, or a vesselof equal or lesser gross tonnage owned by the mooring permit holder, for at least one day in each of three out of the five months during the period May 1 through September 30 during the permit year may be considered to be abandoned. The location may be reassigned by the Harbor Master, after the Harbor Master has first given the registrant 30 days' advance written notice at his/her last known address (certified mail, return receipt). The cost of removing or dropping moorings shall be assessed to the owner if not removed by him within 30 days of receipt of said notice, in accordance with state law. Notwithstanding the above, this subsection will not apply to a mooring whose owner has notified the Harbor Master that such mooring will not be occupied due to prolonged absence from the area, illness, or other extenuating circumstances, provided the permit is timely renewed annually as required by this chapter. (5) The annual application fee for the waiting list shall be established by the City Council after a public hearing. (6) Moorings are not transferable except as provided by 38 M.R.S.A. § 3A. (7) A person may be denied a mooring permit if they are found to have previously violated this chapter without good cause; or if they are in arrears of any City tax or fee. C. Adequacy of moorings. All existing moorings hereinafter to be set shall be of sufficient size to hold the vessel for which they are used. All moorings shall have approved buoys and must be visible at all times. All mooring requirements will be determined by the Harbor Master. Guidelines on mooring block weight, attachment requirements and chain-link size are listed below and on the mooring permit application. (see ordinance for details) D. Inspections of moorings. The Harbor Master or his/her designee shall inspect moorings biannually. It is the permit holder's responsibility to contact the Harbor Master to arrange for inspections. Two visits by the Harbor Master are included in the mooring application fee; any additional visits required to complete an inspection shall be at the applicant's expense. E. Manner/condition of moorings: (1) All mooring floats shall meet United States Coast Guard regulations. (2) The float attached to the mooring line shall be of sufficient size to remain afloat when not attached to the vessel. (3) The Harbor Master may at any time examine any mooring or mooring line to determine compliance with this section. Except in the case of an emergency, he shall notify the owner of his or her intention to examine the mooring, either in writing or verbally, and request the presence of the owner during such examination. Any cost of examination shall be borne by the owner of the mooring. (4) If a party fails to properly maintain his/her/its mooring, float or cable, the Harbor Master will, in writing (by certified, return receipt mail), issue a seven-day notice-to-cure letter. If the offending party fails to correct the deficiency identified by the Harbor Master within seven days, the party's mooring permit shall thereafter be revoked upon the filing of a written decision from the Harbor Master to the City Clerk with copies provided to the offending party and the Coastal Waters Commission. (5) Vessels on moorings must be properly maintained to minimize hazards to other vessels, including: (a) The vessel must be capable of moving under its own mechanical means. (b) Sail, lines, and sheets must be secured at all times when the vessel is not occupied. (c) All accessories, anchors, lines, poles, etc., must be secured and within the gunwales of the vessel. (d) Nothing may be trailing behind a moored vessel or protruding from the vessel that can damage another vessel. (e) Failure to properly maintain a moored vessel may result in revocation of the mooring permit. (6) All moorings, whether now existing or hereinafter set, shall be so located or relocated that the vessels secured thereby will not impede navigation within City waters nor endanger other vessels moored therein. If the Harbor Master shall find that any vessel is so moored as to impede navigation or to endanger other vessels, he may require that the owner of the mooring or of the vessel secured thereby take such steps, whether by shortening the scope of the mooring lines or by the use of additional mooring or mooring lines, as will prevent such impeding of navigation or endangering of other vessels; or, in the alternative, he may order that the mooring be removed and relocated. In requiring the removal of a mooring because of its danger to other mooring last set shall be the first ordered to be removed. Any person so ordered by the Harbor Master acting under this subsection shall remove a vessel within 48 hours after order, whether written or verbal; provided, however, that if the mooring owner fails to do so, then the Harbor Master shall thereupon cause the mooring to be removed or relocated. Any expense incurred by the City to move or remove a mooring shall be borne by the owner of the mooring or vessel. [Amended 2-3-2014] (7) If in the sole opinion of the Harbor Master a mooring creates an emergency or imminently dangerous condition, or if immediate action is required to ensure proper navigation and safety, the Harbor Master may temporarily, without notice to the permit holder, take possession of the mooring and temporarily remove and/or secure it until such time as the permit holder can be notified. The parties shall thereafter determine together the appropriate terms and conditions for resetting and reinstalling the mooring. F. The Harbor Master shall hold all moorings and tackle removed from coastal waters as a lien against all fees, fines and costs incurred as a result of the acts, actions or inactions of any mooring permit holder. No such equipment shall be returned until all such charges are fully paid. G. Interference with moorings. Except by direction of the Harbor Master acting in an emergency or with permission of the owner, no person shall move or interfere with any mooring or vessel in the harbor. H. Removal. [Amended 2-3-2014] (1) A mooring shall be removed after September 30, unless it is still in use by its owner. If not removed by its owner, the Harbor Master shall see to its removal at the expense of the mooring owner. The mooring and ground tackle shall not be returned to its owner until such bill is paid. 2) All noncommercial vessels shall be removed from the river by November 1. I. Waiver procedures. (1) A mooring permit holder may request a temporary waiver to the mooring requirements stated in this chapter by submitting a written request to the Harbor Master. A waiver will not be granted for a violation that impacts safe navigation on the Saco River. The waiver request must clearly state: (a) Mooring number; (b) Name and current address and phone number of the permit holder; (c) The nature of the waiver (e.g., inability to position or remove an authorized mooring, inability to attach a boat to an authorized mooring, inability to pay for a mooring in a timely manner); (d) The reason the waiver is needed; and (e) Expected date for compliance (date the permit holder will make corrections or come into compliance with mooring requirements). (2) The Harbor Master will notify the permit holder of his decision to approve or disapprove the waiver in writing and provide a copy of the written decision to the City Clerk, the City Administrator and the Coastal Waters Commission. If the Harbor Master must disapprove the waiver request, the Harbor Master will send the decision via certified mail return receipt requested to the address of record. The permit holder can appeal the Harbor Master's decision to the Coastal Waters Commission. (3) Waivers for medical conditions may be granted for a maximum of one permit year. (4) Waivers for mechanical conditions may only be granted for moorings which have been in use during the permit year. [Added 2-3-2014] (5) Waivers and associated mooring privileges may be revoked if the Harbor Master determines that the waiver request misrepresented the facts and/or conditions that form the basis for the waiver request. [Amended 11-4-2014] J. Buoys other than for mooring vessels. No buoy of this type shall be placed in channels leading to wharves, nor shall such buoys be placed less than 150 feet from a mooring buoy for that vessel. The Harbor Master is empowered, in the interest of public safety, to require the removal of any buoys. K. Courtesy moorings provided by the City of Saco. The use of the courtesy moorings in the River shall be for no more than 48 hours, without the express permission from the Harbormaster. Any boats remaining on the moorings in violation of this section shall be subject to removal by the authority of the Harbormaster, with the costs being assessed against the owner. In addition, any violation of this section shall subject the boat owner to a fine of $100 per day or $2 a foot, whichever is the greater SCARBOROUGH Article V - Regulations Concerning Anchoring, Mooring and Security of Vessels Section 1a. Placement of Private Moorings. It shall be a violation of this Ordinance to place any mooring in the harbor without a permit from the Harbormaster issued in accordance with 38 M.R.S.A. Sections 3, 7-A and 8. Proof of boat registration and insurance, in the same name as the mooring applicant, must be shown prior to a mooring permit being issued. No more than two (2) moorings will be issued to the same household. No more than three (3) moorings will be issued to the same commercial entity. A person whose application for a mooring permit is denied may appeal as provided in Article XI of this Ordinance There shall be no appeal from the issuance of a permit. The sale of a recreational boat does not include the sale of the mooring locations. The mooring permit holder must notify the Harbormaster immediately upon the sale of their boat. Commercial moorings may be transferrable with the approval of the Harbormaster. Section 1b. Minimum Mooring Requirements. All mooring gear shall be inspected and/or serviced by a mooring service company, or by the owner with Harbor Master approval, at least once bi-annually to determine the condition of gear and to ensure compliance with minimum standards set forth by this ordinance. All mooring owners or mooring service companies shall notify the Harbormaster’s office in writing of all inspections and service completed to mooring gear. The Town of Scarborough recommends a 2.5 to 1 ratio for permanent moorings with the following minimum specifications: Mushroom, Granite Block, or Pyramid (of ample size/weight) Heavy Chain 1.5 times maximum water depth plus one foot Light chain or Nylon line (not floating line) 1.0 times maximum water depth Pennant 1.5 times the distance from chock to waterline Buoy (white poly ball preferred) Must have assigned number and blue band painted 3" (or larger) on buoy Total scope = Heavy chain + light chain and/or nylon line + Pennant Example: 25 ft. cruiser; 20 ft. maximum water depth; Distance from chock to waterline = 3 ft. Requires: 1.5 x 20 = 30 ft. of heavy chain plus one foot 1.0 x 20 = 20 ft. of light chain or equivalent nylon line 1.5 x 3 = 4.5 ft. pennant For the safety of his/her boat and that of adjacent boats, mooring permit holders are responsible for having their mooring set and making any required adjustments or repairs. Boats must have been moored by July 1 of the permitted year or the mooring permit shall be revoked subject to the Harbormaster’s discretion. The denied applicant may appeal the Harbormaster’s decision to the Coastal Waters and Harbor Committee. The Harbormaster may permit variations from these specifications, if in his or her judgment, the proposed mooring has holding power equivalent to that which would be provided by a mooring meeting these specifications. All moorings that are to be placed up river from the day marker in Scarborough must be built using granite block only and cannot be any higher than 24 inches in overall height. Marker Buoys to show at all tides. All chains to be at least one foot above high water mark. All moorings to be inspected every two years - no later than July 1st. The Harbormaster shall maintain a plot plan of the anchorage area indicating locations of moorings, size of boats, and areas to be used as waterways. A copy of this map will be kept on file at the Town Office. Subletting of Mooring Space: The owner of any vessel having mooring space shall not sublet said mooring or mooring space to another user or boat owner; however, another boat owner may use the mooring, provided the original owner pays the fee or fees and has requested permission from the Harbormaster to moor such vessel through a completed notice of intent form that can be found on the Town of Scarborough website, scarborougmaine.org. Section 1c. Creation and Maintenance of a Mooring Waitlist. Two mooring waitlists shall be maintained by the Town Clerk and available for inspection in the Town Clerk’s office. The first shall be for commercial applicants and the second for recreational applicants. Commercial applicants will be verified by the Harbormaster and shall provide proof of a commercial State license or a Federal permit. Commercial applicants will, if requested by the Harbormaster, provide proof of commercial waterfront activity equaling 20% of their annual household income. Applicants seeking a mooring shall be placed on the waitlist in order of date and time of application. No one household shall be allowed to hold more than two (2) spots on the waitlist at any one time. When a mooring becomes available the Town Clerk will first consult the commercial waitlist which will be given priority. If the next name on either waitlist is unable to accept the mooring they may request to stay on their respective waitlist until the next mooring becomes available. If, at the time of the second mooring becoming available, the applicant again is unable to accept the mooring their name shall be removed from the waitlist and the applicant would need to reapply if they wished to again be listed. If an applicant on the waitlist has died their spot may be reassigned to a legal heir providing the Town of Scarborough has been notified within six (6) months of the applicant’s death. THOMASTON 401.3.4 – Moorings: These regulations are promulgated to meet the U.S. Army Corps of Engineers requirements for Federal Anchorages and Title 38, MRSA Section 2 as amended. A.All mooring space shall be under the exclusive control of the Harbor Master who shall assign moorings, maintain a written record of basic information as each mooring including assigned location, identifying number, vessel description, size, owner, and other datadeemed useful. He shall also maintain a chart of the relevant harbor, showing current mooring locations, assignments, land their numbers. B.Commercial moorings shall be located in space designated by the Harbor Master for said use. The Harbor Master may assign unused commercial mooring space to other vessels based upon standards set forth in this Ordinance. Such assignment will be subject to review by the Harbor Committee at its discretion and non-commercial users shall have no vested right to said mooring space. C.Mooring locations shall be assigned on the basis of one mooring location per vessel. Mooring space shall not be transferable. D.Moorings assigned to commercial entities shall be reassigned at such time as the Harbor Master makes finding that the justification for the original assignment is no longer present. E.No individual will be eligible for a second mooring or float until all other claims for a float or mooring have been satisfied. F.Any mooring or float assigned beyond the original assignment will be subject to annual review and will not be considered a vested interest of the assignee. G.Within space available, future requests for a mooring location shall be treated on a first come basis and with no distinction made to residency in accordance with the following priority guidelines. 1. Shore-front owners requesting an initial location adjacent to their property, where practicable. 2. Commercial vessel owners and marine operators. 3. Pleasure vessel owners. 4. Commercial vessel owners and marine operators requesting multiple locations. 5. All others. H.Applications for a boat mooring shall be submitted annually by March l, to the Harbor Master, who shall review the application with regard to space available for the type of boat so indicated. Upon approval, it is the responsibility of the applicant to submit the approved application to the Town Office together with all fees due. The applicant shall then present the application and proof of payment to the Harbor Master who shall assign a registration number and location for such mooring and advise the applicant of these rules and regulations. Mooring permits are not transferable. The Harbor Master shall submit to the Town and maintain the list of all paid applications. The Harbor Master shall, when assigning mooring locations, be guided by water depth and the mooring plan which is part of this ordinance. I.Any person or legal entity assigned the use of a mooring space is required to pay an annual mooring fee to the Town of Thomaston. The fees shall be established annually by the Harbor Committee. These fees are due and payable on or before April 1st of each year. Failure to remit these fees to the Town of Thomaston shall result in forfeiting the Harbor space assignment. Owners of moorings shall be liable for any and all fees due the Town of Thomaston resulting from usage of their mooring. J.All moorings shall be of sufficient size to hold the vessel for which they are used. Refer to Section 401.4 of this Ordinance. All moorings shall have been approved with the registration number assigned by the Harbor Master permanently affixed therein. Such numbers shall be at least three inches high and shall be clearly visible at all times. The Harbor Master may at any time examine any mooring or mooring line to determine compliance with this section. Except in case of emergency, he shall notify the owner of this intention to examine the mooring and request the presence of the owner during such examination. Moorings found to be inadequate with regards to the requirements of this section shall be corrected within 48 hours or removed. Any cost of examination or removal resulting therefrom shall be borne by the owner of the mooring. Vessels and/or mooring owners shall be liable for any damage caused by faulty, inadequate, or improperly placed moorings. Mooring and float tackle must be either pulled and inspected annually or visually inspected annually by an individual/qualified diver approved by the Harbor Committee. K.No person shall move or interfere with any mooring or vessel belonging to another person except by direction of the Harbor Master who will inform the owner. L.Courtesy moorings may be provided for the use of visiting vessels. Such vessels may use these moorings for a period of no longer than 48 hours, except under unusual circumstances with the express permission of the Harbor Master. M.Moorings that are unused by the vessel assigned to it, for more than five (5) months during the period April 1 to Oct.31, may be deemed vacated and the location reassigned by the Harbor Master. If a mooring location is re-assigned under this section the former assignee shall have no right to special consideration for assignment of another mooring. N.Vessels in violation of this ordinance may be moved by the Harbor Master, at the owner’s expense. O.All decisions made by the Harbor Master under this section may be appealed to the Harbor Committee on forms approved by the Harbor Committee. P.Allowable types of moorings are Private, Commercial Service and Commercial, Rental, described below: PRIVATE MOORING: A fixed and adequate means of securing a mooring licensee’s watercraft to a specified location upon Thomaston’s tidal waters. A private mooring is to be occupied by a specific watercraft and requires a mooring permit from the Harbor Master/Harbor Committee. COMMERCIAL SERVICE MOORING: A fixed and adequate means of temporarily securing watercraft to a specified location upon Thomaston’s tidal waters that are service customers of marine facilities such as boatyards, marinas, etc. The marine facility operator must obtain permits from both the Harbor Master/Harbor Committee and from ACOE. Multiple such moorings shall be used to moor a float, or floats in a linearly-linked array, used for servicing watercraft. COMMERCIAL RENTAL MOORINGS: A fixed and adequate means of securing watercraft to a specified location upon Thomaston’s tidal waters for which any type of fee is charged by the mooring licensee. The rental mooring operator must obtain permits from both the Harbor Master/Harbor Committee and from ACOE. Multiple such moorings shall be used to moor a float, or floats in a linearly-linked array, used for rental moorings. Q. Applications for a private vessel mooring permit must have a copy of proof of payment of the current year excise tax for the vessel which shall occupy the mooring. Maine residents must pay the excise tax in the municipality of the owner’s residence. Vessel owner’s non-resident in the state of Maine seeking a private mooring permit shall pay excise tax on their boat either in the state of their residence or in Thomaston. All vessels, whether documented or state registered, are liable for payment of excise tax in the State of Maine if proof of payment elsewhere is not provided. 401.3.5 – Floats A.It is recognized that “floats” in the harbor will allow for a greater density of boats in any given area, therefore, “floats” may be moored in Thomaston Harbor on a space available basis as assigned by the Harbor master. All year-round (more than 7 month) floats installed in Thomaston Harbor after April 15, 1976, must obtain permits from the U.S. Army Corps of Engineers and the Department of Environmental Protection. B.All boat owners who have not renewed their float or mooring assignment with the Harbor Master by March 1st of each year shall be considered as having abandoned their assignment. Any owner must inform the Harbor Master if his float or mooring is being unused for 48 hours or more and allow the Harbor Master to assign temporary use. C.Additional mooring floats shall be permitted and allowed by the Harbor Committee as demand increases. The Harbor Committee shall give first refusal for assignment of float space to individuals whose moorings have been displaced by placement of a given float. Within space available, future requests for a moored float location shall be treated on a first come basis and with no distinction made to residency in accordance with the following priority guidelines: 1.Shore-front owners requesting an initial location adjacent to their property, where practicable. 2.Commercial vessel owners and marine operators. 3.Please vessel owners 4.Commercial vessel owners and marine operators requesting multiple locations. 5.All others. D.The floats shall be privately owned, built, and maintained. Floats shall be built to the standards listed in 401.4.2. Individuals who construct floats and are granted space shall have the right to use of the floats assigned space consistent with this ordinance. If these individuals change the size of their vessel they will go to a priority status and be re-assigned a space for their vessel when available. Float space other than those attached to a pier or wharf cannot be transferred in the event of ownership change, either of the vessel or the float. E.Two-point tackle is required for all mid-channel mooring floats, with the moorings size calculated based upon the length of the float plus 10’ when referred to table 401.4.4. For example, a 15’ float would require two 4000# granite sinkers. F.Uniform rental fees for moored floats shall be established annually January 1, by the Harbor Committee. G.Floats that are unused by the vessel assigned to it for more than five (5) months during the period April l to October 31, may be deemed vacated and be reassigned by the Harbor Committee. If a moored float is re-assigned under this section the former assignee shall have no right to special consideration for assignment of another mooring or float. H.All decisions made by the Harbor Master under this section may be appealed to the Harbor Committee on forms approved by the Harbor Committee.