Town of Thomaston harbor ordinance

[From the U.S. Government Printing Office, www.gpo.gov]

TOWN OF THOMASTON

HARBOR ORDINANCE

Adopted.: April 28, 1987

COASTAL ZONE

INFORMATION CENTER

HE
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1987 ial assistance for this report was provided, by a granta from
s Coastal Program, through funding providqed by the U.S
ment of Commerce, Office of Ocean & Coastal Resource
ment, under. the Coastal Zone Management Act of 1972, as
amended.

1. PURPOSE
The harbor mus 't be keptopen for navigation and other purposes by rule of the Corps of
Engineers, Department of the Army. Pursuant to the,provislons ofthe Maine Revised Statutes
annotated (MRSA), Title 48, Sec. 2, the following Ordinance Is hereby enacted. It is Intended
that these Will "provide. the means by which use of Thio.masto6,.,H,ar_bor maybe maximized, and
competing commercial, recreational ind other appropriate uses, balanced. TheinteIntofthis
Ordinance is to Insure that all. legitimate Interests Will. have the opponurilty to utilize
Thomaston's limited harbor resources.

11, CHARACTERISTIC.S
Thomaston Harbor, which Is defined in detail by Section, III, Is situated at the bend in.the St.
George River when approaching the Town qf.Thomaston from seaward. The Harbor Is
comprised of a narrow channe,11.at low dde which measures 19.3 acres between the fixed
beacon and. the Wadsworth Street Bridge. At normal high water, the water surface. measures.
96.9 acres. During northerly winds the harbor Is shialtered.' During southerly to. southwest
winds, the harbor is sheltered from the Wadsworth. Stria6iBridge to the vicinity of Browns'
Point. Southeast Winds provide the only direction from.which wind and waves create a
problem for a majority of the harbor. Durin g Incoming tides, the average"current Is 2-3
knots. During outgoing tides, the current averages 3-4 knots. A current. of.6 knots has been
measured. Presently the harbor sees maximum activity In. the spring from April through June
when boatsare launched, and In the fall during September and October when boats are hauled..
Considerable year-round activity results from productive clam flats on the St. Georgia River.

Ill. DEFINITIONS
A. Berths: The place where a vessel lies when at anchor or when
secured to a wharf.

B. Commercial Mooring: Mooring assigned to a commercial
enterprise Involved in sales, service, storage, construction, repair of operation
of vessels for hire rather than to specific vessels which may be used by
a suitable sized vessel with the. permission of such commercial
enterprise to which the mooring Is assigned.

C. Channel: That area enclosed by the mean low water Ones along.
Ahe northerly and.southerly sides of the natural channel of the St.
George River.

D. Dock: The slip or waterway extending between two piers or
projecting Wharves or cut Into the land for the reception of
vessels.

E Float: A structure, permanent or temporary, supported by Its buoyancy, Whether
attached to the shore.. a. wharf, a pier, or moored to the bottom, having no
Installed means of propulsion. and constructed with a deck. Temporary, as used
herein, means a structure which remains in the water for less than seven (7)
months In any consecutive twelve (12) months. No structure shall extend more
that four (4) feet above the deck of the float and no dwelling shall be located
theron.

F. Harbor: That portion of the St. George river ln*Thomaston from a.
projection of the center line of ship Street to the east-west line

passing through the. day b#acon.

a Harbor Master. An. officer appointed, by the Selectmen and
employed by the, Town of Thomaston to.anforce the, ordinances of
the Town as regard with t-he Harbor and all tidal waters,. of the,
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Town, with. the power to make arrests'and to work with fo
the Th o*ma'ston Harbor Committee andto, serve as Ex-.o
Advisor to the Commitee.

H. Thomaston Harbor Committee: A board o 'f, five permanent
members and tw'o alternates appointed by the Selectman, wl.thout
compensaton, to oversee, Ldirect, police and plan the general
op, eration of the Harbor including all piers. docks,'floats and,
moorings therein, and such other duties which are consistent
with the Intent of the committee.

I. Landings: A place for landing or discharging persons or things, as from'a vessel.
J. MoorIn'g: A.mooring Is a permanent, adequate means of securinga, boat to the
bottom In anchorage. This may be through, a b.uoy'or.,fioat.

K.. Pier: A permanent or temporary structure, located generally poTpondicular to
the shore, supported by piling, cribbing or solid fill.'.having a dock or platform
suitable for the berthing, loading, unloadin or servicing of vessels,. Temporary,
as used herein, means any structure which remains In the water ior less than
seven (7) months In any consecutive twelve (12) months. Except for mooring
devices, safety equipment, equipment and structures directly associated with the
services rendered to vessels using the pier, no building oustructure shall extend
above the level of.the deck of the pier and no dwelling shall be located thereon..
L Obstruction: A mooring, a vessel, floats and any object which
Impedes navigation is defined as an obstruction.

M. Vessels: Vessels shall Include boats of all sizes propelled by
sall, machinery or hand plus:scows, dredges, shellfish cars and
craft of any kind.

N. Wharf: A structure of Umber, masonry, cement, earth or other
materials, built on the shore of a harbor, river. canal or the like,
especially one extending parallel to the shore line, so that
vessels may lie close alongside to receive discharge
passengers and cargo.

0. Marina: A shorefront facility providing one or more of the, following services to
the public: boat berthing, boat launching, boat storage, boat repair and servicing,
sale of fuel and lubricants for marina use, sale of marine supplies,,, sale and /or
servicing of marine equipment and a ssorles, Including boat trailers.
P. Clear Passage Zone: A 50 foot wide area* in the north side of the
Corps of engineers layout channel. North side of zone shall be 20
feet and 35 feet from north layout channel Una as shown on
attached mooring plan.

Q Water Levels: Annual High Water - The highest 40 ot the year.
Normally 12 foot ti;le@.

Mean (Normal). High Water The averagoof t4e, Wigh water over a
@j 9 -year period.
Mean Water Level - Midway, between mean high water, @ndrnean low
water.:
Mean,(normal) Low Water - The average of the low water over a
19 year period.

STANDARDS

A@ Speed of Vessels: It shall be unlawful for any person to operate
any boat or vessel upon the St.. George River, In the. defined
harbor In such a manneras to cause a wash, a wake or waves that
disturb or damage any wharf, float or anchored or moored boat or
vessel' or at a spped'that endangers any person or property.
Vessels shall not exceed a-speed of five miles an hour In this
area.

B. Navigation: The channel Is. for the passage of boats and shall be
clear of any and ail obstructions, except as permitted below. No
obstructions of any kind shall 4e,placed In the Clear Passage,'
Zone.

Any person placing or owning an obstruction as follows In the areas as defined In
Secton 111-C,'Channel, and Section III-P. Clear Passage Zone, will be liable.for a
fine not exceeding $500 each day that a'ny person shall be found In violation of.
any of said provisions. Each day shall,constitute a separate and distinct offense.

1 . No person.shall set fishing equipment In the waters of the
Town of Thomaston or permit his equipment to remain In a,
position In said waters, where any portion of said equipment
shall be within eight feet of the surface of the waters within
the area described In Section III-C, Channel.

2. No mooring shall be set, established or maintained within
that portion of the St. George River and approaches lying
within the town limits ofThomaston, without permission of
the Harbor Master or his deputy who shall grant such
permission with due regard, for passage of,
vessels. No person shall anchor in said area except when in
distress or under direction of the Harbor Master.

3. -No water skiing or swimming Is permitted In the harbor execpt In areas
designated.
C. Anchorage: Vessels shall anchor In the harbor In such. a way and
In such places or areas as the Harbor Master shall direct, The
Harbor Master may at any time order any vessel at anchor to
change position when, in his opinion, said vessel is so anchored

as to impede navigation or to endanger other vessels.

D. Moorings: These regulations are promulgated to. meet the U.S.
Army Corps of Engineers requirements for Federal Anchorages age
and Title 38, MRSA Section 2 as amended.

1. All mooring space shall be under the exclusivecontrol of the.
Harbor Master who shall assign moorings, maintain a written record of
basic Information,on each mooring Including assigned location, Identifying number,
and any other data deemed useful. He shall also maintain a
chart of the relevant harbor, showing current mooring
locations, assignments, and their numbers.

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 a its discretion and non-commercial users shall. have no
vested right to said mooring space.

Mooring locations shall be assigned on the basis of one
mooring location per vessel. Mooring locations shall
initially be assigned to those persons owning vessels, and
occupying mooring, locations as of July 10, 1986.

Moorings assigned to commercial entities shall be reassigned at such time as
the Harbor Master makes finding that justification the for the original
assignment is no longer present.. Commercial mooring locations shall
Initially be assigned to those commercial entities occupying mooring space.
as of July 10. 1986.

No Individual will be eligible for a second mooring or float
until all other claims for a float or mooring have been satisfied.

Any mooring or float assigned beyond the original assignment will be subject
to annual review and will not be considered vested Interest of the
assignee.

Within space available, future requests for a mooring'..
location shall be treated on a first come basis In accordance
with following priority guidelines:

a. Shore-front owners requesting an Initial location
adjacent to their property.
b. Resident commercial vessels owners.

c. Resident pleasure vessels owners.

d. Resident commercial vessel owners and marineoperators
requesting multiple locations..

a. Non-resident commercial owners.

f. Non-residerit pleasure vessel owners.

g. 411 others.

Applications for a boat mooring shallbe submitted annually by March.1, to
,the Harbor Master, who shall review ft application with regard to space
available for the type of boat so Indicated. tJpo'n,appf.Qval,, It Is the
,responsibility of the, applicant, to submit.the approved
application to the Town Office ogether with,WI fees due..
The applicant shall, then present the application, ind p'ro'of of
payment to the Harbor Master-who shall.assigna.
reqistratlon number and location for such m g and
, @ . I oorij)
advise the applicant of these rules and regulations. Mooring.
permits are not transferrable. The Harbor Master shall
submit, to the Town and maintain the list ofall paid
applications. The Harbor Master shall, when assigning
mooring locations, be guided by water depth and the Mooring
Plan which Is a part of this ordinance.

2. Any person or legal entity assigned the use of a mooring space shall be
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 1 st of each year. Failure to remit these
fees to the Town ot 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 moorings.

All moorings shall be of sufficient size to hold the vessel
for which they are used. All moorings shall, have been approved with the
registration number assigned by the Harbor Master parminently,aff ixed
therein. Such numbers shall be at least three Inches high
and shall be clearly visible at all firnes.1he'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 re(Isulting 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.

4. No person shall -move or Interfere with any mooring or vessel belonging to

another person except by direction of the Harbor Master or with permission
of theowner.

15. Courtesy Moorings may be pro.videdfor the use of visiting vessels. Such
Y.essols.rnay use these moorings for a' period of no longer than 24 hours,
except under unusual circumstances, with. the, express [email protected] of the
Harbor Master.

6. Moorings that are unused by the vessel assigned to It,.for more than five (5)
months during the period April I to Oct 31,may be deemed vacated and be
reassigned by the.Hlarbo,r Master If a mooring..14 (6-assigned under this
section the former assignee sh-ail, have no tight to. special consideration for
assignment of another mooring.

7. Vessels, In violation of this ordinance may be moved by the Harbor Master,
at the owners expense.

8. All decisions made by the Harbor 'Master under this section may be appealed
to the Harbor Committee on forms approved,by the Harbor Committee.

FLOATS-.

1. It Is recog nIzed that 'floats' In the. harbor will allow for a, higher density of
boats In any given area, therefore, 'floats' may be mooted In Thomaston
Harbor on a space available basis as assigned by the Harbor Master. All
year-round (More than 7 months) 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.

2. All boat owner's who have not renewed their float or mooring assignment.
with the Harbor Master by March I st of each year shall be considered as
having abandoned their assignment. Any owner must Inform the Harbor
Master It his float or mooring Is being unused for 48 hours or more and
allow the Harbor Master to assign temporary use.

3. Additional moored 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 in accordance with the following priority
guidelines:

a. Shore-front. owners requesting aninitial location adjacent to their
property.

b. 'Resident commercial vessel own ers.

c. Resident pleasure vessel owners.

d. Resident commercial. vessel owners and marine operatorsrecluesting
multip@elqcatlons.

e. Non-resident commercial vessel owners.

I". Non-fesident pleasure vessel owners..

g. All oltherA.

The floats shall be privately owned, built and maintained. Floats shall be
built to thestandards listed In Section V. Individuals who, construct floats
and are granted, space shall have the right t6, use-of the floats assigned space
consistent with this 0rdinanoe. If these Ind ividuals change the"Size of their
vessq@ they they will go to a priority status and be, reassigned 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. ownefshop.change, either of
the vessel or the float.

Uniform rental fees for moored, floats. shall, be established. annually January
1. by the Harbor Committe

Floats shall initially begin south and east of the treatment, plant'and extend
towards the Wadsworth Street Bridge on the south side of the channPlas.
deemed fit by the Harbor Committee.

4.. Floats that are'unused by the vessel assigned to It for more than five
(S)months during. the period April, 1 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.

S. All decisions made by the Harbor Master under this section may be appealed
to the Harbor Committee on forms approved by the Harbor Committee.,

F. Buoys Other Than for maddng Vessel Moorings:

No buoy of this type shall be placed In channels leading to wharves, nor shall such
buoys be placed less than three vessel lengths from a moo ring bouy for that vessel.
The Harbor Master Is empowered, in, the Interest of public safety, to require the
removal of non-conforming bouys,

GL Public Wharves, Landings, and Launching Ramps:

1. Obstructions: No person shall obstruct by any means whatsoever the free use of
piers, docks and other'common landing places. The town wharves shall be used
only for loading and unloading. Vessels shall not remain moored to the wharf of
float for a period longer than Is reasonably necessary for this purpose, except by
permission of the Harbor Master. Boats and trailers shalf not remaln.on the ramp
longer than reasonably required to launch or retrieve a boat. The Harbor Master

shall remove or cause to be, removed any uriattended vessel obstructing free.,use
of piers, docks or other commonlanding places after. due effort has been made: to
notify the mastaror owner, of said vessel. of the above violation.

The,Harbor,Master shall allow overnight dockage.on town floats at a tee
designated each y9arby the Harbor Committee. Any'personmoorind overnight on
town docks with or without permission shall be c4ar ad, dockage payable,on
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demand.

3. No person shall loiter, create a public nuisance or partake olf.alcQholic beverages
on Town wharves, landings. or ramps. Town wharves or. piers may, be closed,, at
the discretion.qf the Harbor Committeearkd so posted.

4. No skiffs, dinghies or lenders are allowed on top of Town owned floats.
a. No boat.more than 12 feet in length shall be fled to a ToWn-owned float
except for loading ol"unloading. Tenders, skiffs,.and dinghies Must be
maintained by owner and.owner shabe liable for any damage occurring to
floats or other vessels duelo negligence. All.lenders, skiffs and din hies
shall be registered with the Harbor Master and identified by number.

b. All tenders must be fled behind Town floats leaving the channel side.of floats
open for use.

S. Storage: Personal property such as lobster traps, automobiles, cradles, boats,
vessels, floats, etc. shall not be stored on Town whWes or landings. Exceptions
to the rule shall be considered on an Individual basis when submitted, In writing to
the Harbor Committee. Personal property shall not remain for more than 2 hours
on the designated loading-,zone.

6, Construction: No additions, alteraUons. new construction or changes to existing
structures at any wharf, pier or landing shall be made without prior permission of
the Harbor Committee and Code Enforcement Officer. : Permission for, construction
of any new wharves or piers within the Harbor 110ts, must W obtained from the
Harbor Committee and Code Enforcement Officer.

R Waste and Refuse:

No person or vessel shall deposit, throw, sweep. or cause to. be deposited or swept Into
the waters of Thomaston, or Into waters adjacent thereto, any gas or oil orbllga
water containing same, "has, dirt, stones, gravel, mud, logs, planks or any other
substance tending to obstructthe navigation of said Harbor or waters thereof. No
trash or refuse shall be placed 6n any Town float or, pier except in designated
containers.

1. Harbor Master:
The Harbor Master shall enforce this Ordinance and the rules and'regulatlons
pertaining to harbors and tidal. waters under the jurisdiction for the Thomaston Harbor
Committee as promulgated by the Committee, and shall cooperate with other
government agenclesin enforcing their regulations. 'He shall, under the supervision of
the Committee, oversee the jurisdictional area of Committee preserve and regulate

navigation with said waters, assign mooringsjoquire same to be, kept in safe
condition, direct the, removal of vessels, It necessity, or emergency requires, Inquire
into and@ prosecute all offense; occuring within his jurisdiction, and he shall keep such
records as'the Committee mayrqquire and shall perform such otherduties. a's the
Commitlee. may prescribe. The Harbor Master shall jDo appointed for,one year, his
qualifications, salary and expenses to be recommended, by the Committee. The Harbor
Maste'rsh S' U
all be empowered to make arrests, for often as. nder the, provisions of the,
1regulation as other officers: arelauthorized to. do so. (M,RSA Title 38, Sub6hapl,eri).

J. Harbor Committee:

The duties of the Harbor Committee shall be:
I - To serve as the,Appeals Board for decis.los of the Harbor Master.
2. To Promulgate Harbor Rules and Regulations
3. To Establish fees.

K. Penalty:

Whoever violates any of these rules or regulations or refuses or neglects to obey the
lawful and reasonable, orders of the Harbor Master, or- resists him In the execution of
his duties, shall be punished by. a fine of not more. than $500.00 for each day of
occurrence.

L Federal and State Regulations.

Nothing herein Shall be considered as conflicting with Federal laws applicable to the
coastal waters and tidal waters and 11dal rivers and harbors of the state., In all cases
the more Stringent law shall prevail.

M. Effective Date:

These rules and regulations shall take effect when adopted and shall remain In affect
until altered or repealed by a regulators ecial Town Meeting.
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N. Separability.,

In the event that any secti on, subsection or portion of this Ordinance shall be declared
by any competent Court to be Invalid for any reason. iuch decision shall not affect the
validity of any other section, subsection or portion of this Ordinance.

V. STANDARDS

A. Setbacks:

All floats, moorings, slips, and piers and docks shall be situated In a fashion which
will not allow any boat to be In the "Clear Passage Zone" or within ton (10) feet of any
property line, below mean high. water. An exception to the ton (10) toot setback
requirement may be made where abutting property owners forge an alternative
written agreement, said agreement ratified by the Harbor Committee and Planning
Board.

B. Floats:

After the ado tion, of this. ordinance, no now float In Thomaston Harbor shall exceed,
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ten (10),feet.in width or, twenty (20) feet in length. All floats shall be constructed in
accordance, with State of Maine Standards. Bureau of Parks and Flecreation, as
revised March 1.987. Al) existin non c on in g floats shall be regist red with the
@g form
Harbor Master by June, 1, 119.87.

C. Property Lines:

Property lines extending belowmean average of
high water shall be determined by the
perpendicular lines to a,line connecting the end Inpoints of the shore lines at mean high
water unless otherwise determined by registered property survey.

D. Boat moorings shall comply with the following.:

Length Chain Mushroom Granite Pennant Pennant
Boat, Max. Size Weight Weight Length Strength

is, 5/6" 100 lbs. 2,000, lbs. 41 400 lbs
201 3/80 150 lbs. 2,000 lbs. Be 600 tbs.
251 3/80 200 lbs. 4.000 lbs. 10, 800 lbs.
301 1/2: 300 lbs. 6,000 lbs 10, 1,200 lbs.
35' 1/2 350 lbs. 6,000 lb@ 1000, 1,400 lbs.
40' 5/80 400 bs. 6,000 lbs. 19 1,600 ibs.
45' 6/80 450 lbs. 6,000 lbs. 101 1,800 lbs.
5/8" 500 lbs. 6,000 lbs. 10, 2,000 tbs.

Chain length required Is a 3 to I scope of water depth at Mean High Water. Mushroom or
granite anchor may be used.

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