DIVISION 2. - HARBOR MANAGEMENT COMMISSION
Part of the Code of Ordinances of Narragansett, RI.
The text
Footnotes:
--- (5) --- Cross reference— Boards, commissions and committees, § 2-71 et seq.
State Law reference— Authority to create a harbor management committee, G.L. 1956, § 46-4-6.8.
Sec. 82-121. - Powers and duties generally.#
The harbor management commission shall be authorized to prepare a harbor management plan for the tidal waters of the town, to provide for annual review of the harbor management plan, and recommend any additions or modifications of the plan as may be deemed necessary; to assist in the evaluation of the town's harbor management operation; to hear appeals to actions of the town in execution of the plan, and to initiate studies and other actions as may be necessary for proper management of the tidal waters of the town in accordance with the town charter and state enabling legislation. The commission will be responsible for the development and recommendation of additional policies, rules and regulations for the harbor management plan and subsequent ordinances, subject to approval of the town council and, where applicable, the coastal resources management council.
(Ch. 1054, § 1, 8-20-2018)
Sec. 82-122. - Composition.#
The harbor management commission shall consist of seven members and two alternate members who must be residents of the town. Such commission shall to the extent practical include a member of the conservation commission, and the general public.
(Ch. 1054, § 1, 8-20-2018)
Sec. 82-123. - Ex-officio members.#
Each ex-officio member shall be a nonvoting member of the harbor management commission. The harbormaster, the chief of police, the town manager, the director of community development, the director of parks and recreation, a representative of the North Kingstown harbor commission, and a representative of the South Kingstown harbor commission shall serve as ex-officio members of the commission.
(Ch. 1054, § 1, 8-20-2018)
Sec. 82-124. - Appointments.#
Members shall be appointed by the town council for terms consisting of three years. The alternate members shall be appointed annually. The commission may also form subcommittees to address specific duties of the commission.
(Ch. 1054, § 1, 8-20-2018)
Sec. 82-125. - Vacancies.#
Vacancies shall be filled as necessary. The person appointed shall serve for the remainder of the unexpired term.
(Ch. 1054, § 1, 8-20-2018)
Sec. 82-126. - Officers.#
A chairperson, vice-chairperson and secretary shall be elected by the members of the commission. Meetings shall be called by the chairperson or at the request of at least four members of the commission. The secretary shall keep minutes of all meetings and file such minutes with the town clerk. The commission shall meet monthly and shall conform to open meeting laws.
(Ch. 1054, § 1, 8-20-2018)
Sec. 82-127. - Compensation.#
No member of the harbor management commission shall receive compensation for service. Harbor commission members may be compensated for any normal expenses incurred in the performance of their duties, when approved by the town manager.
(Ch. 1054, § 1, 8-20-2018)
Sec. 82-128. - Additional powers and duties.#
The harbor management commission shall be the municipal advisory and appeal body authorized to prepare and to amend, subject to town council approval, a harbor management plan to oversee the enforcement of such plan, and subsequent implementing ordinances, regulations, and programs. The harbor management commission shall adopt rules of procedure and operation for its meetings and is authorized to: (1)
Recommend to the town council the adoption of rules, regulations and other amendments to the harbor management plan and its subsequent ordinances which may be necessary to fulfill the goals and objectives of the harbor management plan and meet the requirements of this article.
(2)
Recommend as necessary additional authorities and duties for the harbormaster.
(3)
Assist in the preparation of an annual budget for harbor management in accordance with the provisions of the town charter.
(4)
Recommend the expenditure of budgeted funds to acquire services or materials necessary for the implementation of the harbor management plan, subject to approval of the town manager per the provisions of the town charter.
(5)
Recommend fees and fines, subject to town council approval for the implementation of the harbor management plan, including support of the harbormaster's payroll, improvement to moorings, anchorages, accessways, marine sanitation, surveys, studies, and other activities deemed necessary for carrying out the goals, policies, and implementation of the harbor management plan.
(6)
Review and revise as necessary the harbor management plan and subsequent ordinances for the town council and coastal resources management council approval. The harbor management plan and its ordinances shall be reviewed and revised at least once every five years. Public participation and input shall be encouraged during each five-year review. Significant public notice, which shall include notice in the newspaper and on cable TV, shall be given by the commission for all meetings at which the review and revision of the harbor management plan will be discussed.
(7)
To assist in the coordination of all public and private agencies, commissions and other organizations which have interest or jurisdiction with regard to the tidal waters of the town.
(8)
To review for consistency with the harbor management plan any public notice of an application for a local, state or federal permit for any water based activity taking place within the jurisdiction of this article, and to respond in a timely fashion with recommendations to the regulating agencies.
(9)
To review and make recommendations on proposed water use activities contiguous to the waterfront, and in the waters within the jurisdiction of the town that are received for review by other municipal agencies.
(10)
Advise the town manager on the performance and/or the qualifications of the harbormaster.
(11)
Coordinate and/or conduct a minimum of one U.S. Coast Guard approved boating safety class per year.
(13)
Members of the public may suggest revisions to the harbor management plan at any meeting of the commission. Each suggested revision shall be noted in the minutes of the commission's meetings. The minutes shall also reflect the actions taken by the commission on the request.
(Ch. 1054, § 1, 8-20-2018)
Sec. 82-129. - Appeals to the harbor management commission.#
In accordance with the authority granted under section 82-128, the harbor management commission shall have jurisdiction to hear appeals from any decision of the harbormaster made pursuant to the authority granted to the harbormaster in section 82-141(2) regarding the issuance of mooring permits and the placement of moorings. Any person wishing to appeal a decision of the harbormaster under this section must submit a written statement to the harbor management commission, with a copy to the harbormaster, outlining the specific decision being appealed, the basis for the appeal, and a specific citation to the provisions of the harbor management plan and harbor management ordinance upon which they rely to support the basis of their appeal An aggrieved party must file his/her appeal not later than 30 days after the date of the decision of the harbormaster. The harbor management commission shall review the appeal in public and permit both the appealing party and the harbormaster to submit information and evidence to the harbor management commission. Upon completion of the hearing, the harbor management commission shall render a written decision, specifying its findings of fact and conclusions regarding the appeal.
(Ch. 1054, § 1, 8-20-2018)