Sec. 2-703 Harbor Management Commission . Source: Rockland city ordinance
1. Purpose. The City of Rockland wishes to protect its marine-historic resources and sensitive natural resource areas found along its harbor and in nearshore coastal waters; to provide growth in public opportunities for water-based recreational activities; to maintain and enhance navigational facilities for the benefit of all harbor users; and to allocate land and water resources in an economically and environmentally sound manner.
To this end, the City believes that the most equitable way of balancing competing uses in the harbor and adjacent coastal waters is to develop, adopt and mplement a harbor management plan. To properly manage such a plan, and to plan for the future of Rockland Harbor, the City of Rockland hereby creates a Harbor Management Commission, pursuant to Title 38 of the Maine Revised Statutes Annotated.
2. Commission Composition. There shall be a Harbor Management Commission consisting of seven (7) members, appointed by the Mayor and confirmed by the City Council, from a list of persons recommended, because of their interest in harbor activities, by existing local committees, city staff, or local residents.
Said Commission is intended to be representative of, but not limited to members or representatives of the following groups: The Rockland Planning Board, marina operators, recreational boating community, commercial shipping industry, commercial fishing industry, the commercial lobster industry, the downtown/waterfront retail business community, and the Rockland-Thomaston Area Chamber of Commerce. In addition, there shall be two (2) alternate members appointed who shall serve in the absence of regular members and who may be appointed to fill any vacancies on the Commission. The Mayor (or designee), City Manager (or designee) and Harbor Master shall serve as an ex-officio non-voting members of the Commission.
The Commission shall maintain close cooperation with the Planning Board, Parks Commission, Recreation Advisory Committee, Economic Development Advisory Committee and other agencies in matters of policy and planning of harbor and waterfront activities and development. No regular member of the Harbor Management Commission shall receive compensation for service.
3. Commission Member Terms. The term of all members shall run for three (3) years, except for the first seven (7) first appointed, of which two (2) members shall be appointed for one (1) year, two (2) for two (2) years, and three (3) for three (3) years. The alternate members shall be appointed for terms of two (2) years, except for the first two (2) first appointed, of which one (1) shall be appointed for one (1) year, and one (1) for two (2) years. Such terms shall expire December 31 of each year as designated. There shall also be two (2) alternate members of the Commission who shall serve a term of three (3) years. The alternate members shall attend all meetings of the Commission, may participate in any discussions or hearings, but shall only vote on Commission matters if a full quorum is not present at such meeting. When a vacancy occurs on the Commission, an alternate member may be appointed to fill such vacancy.
The Commission shall elect annually, in January of each year, a chairperson and secretary from its membership and shall adopt its own rules of procedure. Should the position of chair become vacant during such year, the Commission shall elect another of its member to serve as chair for the remainder of that year.
As of the effective date of this section, no member shall be elected as chair of the Commission more than six (6) consecutive times; and as of the effective date of this section no member shall serve more than five (5) consecutive terms on the Commission. The secretary shall be responsible for taking minutes at each meeting of the Commission, and shall forward copies of the minutes to the City Manager for distribution once such minutes are accepted by the Commission. The Commission may also form subcommittees to address specific duties of the Commission. Eff: 11/09/18
4. Jurisdiction of the Harbor Management Commission. The Harbor Management Commission shall have jurisdiction within the area located in or contiguous to the waters of Rockland Harbor as defined by the shoreline between the boundaries of Rockland with Rockport to the north and Owl's Head to the south. The boundary lines are projections of the land boundaries into the Harbor. Specific municipal properties under this jurisdiction include Snow Marine Park, Sandy Beach, Harbor Park, the Public Landing, Fisherman's Pier, Buoy Park, the Rockland Municipal Fish Pier, Marie Reed Park, Mildred Merrill Park, and/or any municipally owned property abutting Rockland Harbor. Eff: 04/13/05
5. Power, Duties and Responsibilities. The purpose of the Harbor Management Commission shall be to prepare a harbor management plan in accordance with Title 38 of the Maine Revised Statutes Annotated. Upon adoption of the plan, the Commission shall provide for the annual review of the harbor management plan and shall submit recommendations to the City Council for additions and/or modifications to the plan that may be deemed appropriate, subject to the process set forth in the Maine Revised Statutes Title 38 or other subsequent harbor management legislation enacted by the State of Maine.
In addition, the Commission may exercise any of the following powers, duties and responsibilities:
a. to recommend ordinances for adoption by the City Council which implement the Harbor Management Plan and which specify fees and fines for violation of those ordinances, in accordance with the Maine Revised Statutes Title 38;
b. to assist the Harbor Master in the assignment of moorings, the management of mooring and anchorage areas.
c. To review and submit to the City Manager a proposed operating budget for the Harbor and Waterfront Department using funds from sources which may include, but are not limited to, local appropriations, mooring fees, violation fines, boat excise tax revenue or a harbor management fund established by the City Council by ordinance.
d. To hear and to adjudicate administrative appeals of the grant or denial of a permit by the Harbor Master or Fish Pier Director;
e. To hear proposals and concerns of members of the following customer base: - Commercial fishermen using the Municipal Fish Pier;
- Riparian land owners on Rockland Harbor regarding harbor use in the vicinity of their property; and - Other marine related. Eff: 04/07/10
f. To assist in the coordination of all public and private agencies, commissions and other organizations which have interest or jurisdiction within the harbor area.
g. To approve use of municipal properties and award fee waivers as appropriate for the use of these properties by such groups or individuals whose presence is appropriate based on specific purposes in line with the harbor area and whose presence is natural and historic to the harbor. The Commission shall recommend appropriate municipal locations to the City Council for events deemed inappropriate to the municipal areas under the Commission's jurisdiction.
h. To review and make recommendations on proposed land and water use activities contiguous to the waterfront and within the waters delineated in Section 4 of this Ordinance that are received for review by other municipal agencies in accordance with the procedure described in Section 6 of this Ordinance.
i. To review for consistency with the harbor management plan any public notice of an application for a local, state or federal permit for an activity taking place within the Commission's jurisdiction as described in Section 4 of this Ordinance, and to respond in a timely fashion with recommendations to the regulating agencies.
j. To conduct or cause to be conducted, studies of the conditions and operations in and adjacent to Rockland Harbor and to present to the City Council proposals for the harbor's efficient operations; and
k. To request, when appropriate, a general permit from the United State Army Corps of Engineers and/or delegation of state enforcement authority pursuant to the Maine Revised Statutes Title 38.
6. The Commission shall establish a Fish Pier Management Committee that shall review and advise the Commission as to matters within the Commission’s jurisdiction that affect Fish Pier operations, other than administrative appeals. The Fish Pier Management Committee shall consist of two or more Commission members and, whenever possible, representatives of users of the Fish Pier. The Fish Pier Management Committee shall serve an exclusively advisory role to the Commission. Eff: 04/07/10
7. Referral of Proposal Submitted to Other Municipal Agencies. Pursuant to the Maine Revised Statutes Title 38, the Commission shall review and make recommendations, consistent with the adopted harbor management plan, on any proposal affecting the real property on, in, or contiguous to the harbor and submitted to the Planning Board, Zoning Board of Appeals, Code Enforcement Office, Parks and Recreation Department, and City Council. The Harbor Management Commission shall be notified in writing of any such proposal at least twenty (20) days prior to the commencement of the hearing thereon or where no hearing is held, at least twenty (20) days prior to the taking of any final action on the proposal. The respective municipal agency shall send a copy of the application/proposal to the Commission upon request. The primary reviewing agency authorized to act on the proposal shall consider the recommendations of the Commission. Failure of the Commission to submit a recommendation
8. Severability. If any provision of this Ordinance of the application thereof to any person or circumstance is held to be invalid for any reason, such invalidity shall not affect the other provisions or any other application of this Ordinance are hereby declared to be severable.
9. City Council Retention of Responsibilities, Duties, and Appellate Availability.
a. In creating the Harbor Management Commission, the City Council in no way abdicates those duties specific to the City Council as delineated in the City Charter and Code.
b. All actions taken by the Harbor Management Commission may be appealed to the City Council. Eff: 1/7/98 on or before the date of the hearing or action on such proposal shall be deemed an approval
