§ 9-83. Outhaul application process

(a) No outhaul shall be located in the coastal waters and harbor areas of the town until a permit has been issued for the use of such outhaul by the harbormaster or assistants. No outhaul shall be located nor shall be maintained unless the outhaul owner has received a valid outhaul permit issued by the harbormaster or assistants for the outhaul and that the outhaul conforms to the specifications and standards set forth in this article and permit.

(b) Request for new outhaul permit.

(1) To be eligible for a new outhaul permit, an applicant must own a vessel and must be the owner of record of the waterfront property for which an outhaul permit is being sought. All requests for a new outhaul permit shall be submitted to the harbors division on the forms provided by the harbors division by March 14 of each year. Outhaul permit applications are available at the harbors division office. An application shall be accompanied by the appropriate fee and shall be received by March 14 in the office of the harbors division. A complete and accurate outhaul permit application must be provided before the harbor division can act to approve or deny such application. The harbors division shall determine if a new outhaul permit can be issued only after the provisions of the harbor management plan and this article are satisfied.

(2) If the harbors division issues an outhaul permit, the outhaul owner for which the permit has been issued must locate the outhaul at the direction of the harbormaster or assistant in accordance with the harbor management plan and this article.

(c) Permit renewals.

(1) Applications for renewal of a valid outhaul permit shall be submitted to the harbors division on the application forms provided by the harbors division by March 14 of each year. An application shall be accompanied by the appropriate fee and shall be received by March 14 in the office of the harbors division. Failure to submit a complete and accurate application by March 14 shall result in the loss of the outhaul permit.

(2) The harbors division shall mail the application forms by February 1 of each year to those persons who held valid outhaul permits at the end of the previous calendar year, to the address listed on their last outhaul permit. It shall be the responsibility of the outhaul permit holder to notify the harbors division of any change in address.

(3) The harbors division shall approve or reject outhaul permit applications by May 1.

(d) Relocation of existing permitted outhaul.

All requests for relocation of existing permitted outhauls must be submitted to the harbors division. Information for such requests must meet the requirements listed for an outhaul application, as well as show proof of valid outhaul permit issued for the previous year. The reason for outhaul relocation must also accompany the request. Based on availability of space, the requirements of this article, and the type and size characteristics of vessel, action will be taken on the request.

(e) Failure to renew an existing valid outhaul permit.

Failure to renew an existing valid outhaul permit in accordance with the provisions of this article by March 14 of any given year shall result in the permitted owner's abandonment of all his/her privileges and interests in the previously permitted outhaul. The harbormaster may remove the now abandoned outhaul, at the permitted owner's expense. Such expenses may in turn be recovered by the town, in accordance with any provision of this article.

(f) Forfeiture of outhaul.

Any owner of an outhaul located in the coastal waters and harbors areas of the town shall be deemed to have forfeited his/her outhaul by reason of any of the following:

(1) Failure to comply with any of the requirements of this article;

(2) Removal of the outhaul by outhaul owner and notification to the harbors division that the outhaul has been removed;

(3) Failure to respond to the harbors division notice that the outhaul does not comply with the outhaul standards set forth in this article, or that the outhaul has been displaced or moved from its permitted location;

(4) Failure to resurface or replace an outhaul within 30 days after being advised by the harbormaster that the outhaul is down.

(g) Waiting list.

The harbors division shall maintain waiting lists of all waterfront property owner applications for outhaul permit requests when no outhaul space is available within the coastal waters and harbor areas of the town. Placement of applications on such waiting lists will be recorded from complete outhaul waiting list/policy applications as they are received by the harbors division. The harbors division shall update the waiting list as applications are received and make the waiting list available for review at all times.

(h) Outhaul permit application requirements.

All applications for outhaul permits shall contain the following information:

(1) Name, address and telephone (home and office) of owner;

(2) Plat and lot number of the waterfront property for which an outhaul permit is being sought;

(3) Map depicting the lot, and the location of the outhaul in relation to the waterfront property;

(4) Vessel name, registration number, length (feet), width (feet), draft (feet), type, and color;

(5) Number of sleeping berths, if any, and type of marine sanitation device (MSD), if any;

(6) Appropriate registration fee.

(i) Outhaul records.

The harbors division shall keep a detailed record of all outhauls, their location, along with the owner's name, home (and business, if applicable) address, telephone number(s), outhaul permit number, date outhaul was set, last outhaul inspection date, and vessel data as detailed above.

(j) No outhaul permit will be issued without proof of the owner's current vessel registration and/or documentation and/or proof of annual inspection of outhaul by a qualified inspector.

(k) No outhaul permit will be issued without proof of the applicant's documentation and/or proof of ownership of waterfront property.

(l) Outhaul inspections.

The harbormaster shall develop and set standards for installing, maintaining, and inspecting outhauls.

(Ord. of 5-1-2007, § 9-83)