(A) Harbor management plan consistency review. A town “harbor management consistency review” process shall be carried out by the Harbor Management Commission to ensure effective implementation of the harbor management plan and to provide coordinated, efficient and comprehensive review of the proposed projects and activities affecting the harbor management area.
(B) Coordinating with other town boards and commissions. As authorized by Conn. Gen. Stat. § 22a-113p, the Harbor Management Commission may review, and make recommendations consistent with the harbor management plan, on any proposal affecting the real property on, in or contiguous to the harbor management area as submitted to, or proposed by, all other town commissions and departments, including, but not limited to:
(1) Planning Commission;
(2) Zoning Commission;
(3) Zoning Board of Appeals;
(4) Water and Sewer Commission;
(5) Department of Public Works;
(6) Parks and Recreation Commission;
(7) Economic Development Commission; and
(8) Conservation Commission.
(C) Proposals subject to consistency review. The Harbor Management Commission may review for consistency with the harbor management plan:
(1) All development proposals subject to the town’s coastal site plan review process and located on parcels contiguous to the harbor management area, with the exception of one- and two-family dwellings;
(2) All proposed uses or activities occurring waterward of the coastal jurisdictional line, including, but not limited to, proposed uses or activities subject to state and federal coastal regulatory programs; and
(3) All proposed revisions and amendments to town plans, rules and regulations affecting the harbor management area and real property on, in or contiguous to the harbor management area, including, but not limited to, proposed revisions and amendments to the zoning regulations and plan of conservation and development, regulations for use of the town beaches and boat launching facilities, and regulations governing tidal wetlands and flood and erosion control.
(D) Referral schedule.
(1) The town boards and commissions identified in division (B) above shall send to the Harbor Management Commission a copy of any proposal subject to the harbor management consistency review process at the request of the Commission. The Commission shall be notified of any such proposal at least 35 days prior to the commencement of any hearings thereon or, where no hearing is held, at least 35 days prior to the taking of any final action on the proposal.
(2) Review of applications to state and federal governmental agencies shall be in accordance with the schedules set forth in the applicable state and federal regulatory programs.
(E) Determination of consistency. The Harbor Management Commission shall determine the consistency of proposed projects with the harbor management plan and make recommendations to the appropriate board or commission, or state or federal agency. The local agency authorized to act on the proposal shall consider the recommendations of the Commission. A two-thirds vote of all the members of the local agency having authority to act on the proposal shall be required to approve a proposal which has not received a favorable recommendation from the Commission, provided that the provisions of this section shall not be deemed to alter the authority of the agency having primary jurisdiction over the proposal to deny, modify or condition the proposal. Failure of the Commission to submit a recommendation to another town agency acting on a proposal affecting the real property on, in or contiguous to the harbor management area shall be deemed to be approval of the proposal.
(Ord. passed 5-4-1994; Ord. passed 9-4-2019)
Editor’s note:
TM Volume 20, page 144