Skip Navigation
Sebago Maine Town Seal
This table is used for column layout.
 
Draft Mooring Ordinance
The Board of Selectmen has appointed a committee to develop a new ordinance for the Town of Sebago that would provide for a Harbor Master and develop a system for regulating moorings.  There currently is no ordinance that covers the placement of moorings, and the intent of developing a new ordinance is provide for an orderly system for users of Sebago's lakes and ponds to moor their boats.  

The ordinance below is only a draft - it is not an official ordinance of the Town of Sebago.  The mooring regulation ordinance is in the process of being developed, and citizen participation is encouraged.  Once the committee has reached a consensus on a draft ordinance it will be presented to the Board of Selectmen, subjected to legal review, and then presented to the public through one or more public hearings.

Meetings of the committee are open to the public and the public is encouraged to attend.  If not possible to attend, the public is encouraged to send e-mail comments to committee chair Allen Crabtree at "allencrabtree@townofsebago.org".  Committee meetings are posted on the meetings calendar at this website.

EIGHTH DRAFT OF THE MOORING REGULATIONS ORDINANCE - MARCH 23, 2011

Changes are noted in color - initial draft (black), second draft (red), third draft (blue), fourth draft (green), fifth draft (purple), sixth draft (brown), seventh draft (black), eighth draft (red).

INITIAL DRAFT OCTOBER 10, 2010

SECOND DRAFT OCTOBER 22, 2010
(changes made in red)

THIRD DRAFT OCTOBER 26, 2010
(changes made in blue)

FOURTH DRAFT NOVEMBER 16, 2010
(changes made in green)

FIFTH DRAFT NOVEMBER  30, 2010
(changes made in purple)

SIXTH DRAFT DECEMBER 21, 2010
(changes made in brown)

SEVENTH DRAFT JANUARY 13, 2011
(All text in black – earlier colored edits removed or incorporated)

EIGHTH DRAFT MARCH 23, 2011
(Changes made in red)


Section 1.      Purpose

The purpose of this ordinance is to establish regulations to protect property and promote public safety and orderly use of the Town of Sebago’s waterways, harbors and channels, to promote availability and the equitable and fair use of this valuable public resource, and to create a fair and efficient framework for the administration of that resource.  As well it is the purpose of this ordinance to preserve the opportunity for Town of Sebago residents, taxpayers, and shorefront property owners to moor their watercraft, recognizing historic patterns of use. This ordinance shall be subordinate to existing Federal and State laws governing the same matters and is not intended to preempt other valid laws.  


Section 2.      Authority  and Scope

The rules and regulations established by the Town of Sebago in this ordinance are enacted pursuant to the authority granted by: (1) Subchapter 1 of Chapter 1 of Title 38, Maine Revised Statutes Annotated; (2) §3001 of Chapter 141 of Title 30-A, Maine Revised Statutes Annotated; (3) §1900 and §13072 of Title 12, Maine Revised Statutes Annotated, and: (4) Article VIII, Part 2, Section 1 of the Maine Constitution.

The Town of Sebago hereby establishes that these rules and regulations shall apply to activities occurring within or directly affecting harbors and channels within the boundaries and legal limits of the Town of Sebago.

This ordinance allows the installation of moorings for the purpose of securing a watercraft, swimming raft, or floatplane in the waters of the Town of Sebago.

Any person using the facilities within the limits of a harbor or channel in the Town of Sebago shall assume all risk of damage or loss to their property and the Town of Sebago assumes no risk on account of fire, theft, Act of God, or damages of any kind to vessels within the harbor or channel.

Section 3.      Designated Mooring Anchorages and Open Shoreline

3.1     The area on Sebago Lake in the Town of Sebago known as Safe Harbor is a designated mooring anchorage, and all moorings in Safe Harbor shall conform to a mooring plan prepared by the Harbor Master.  Mooring registrations shall be allocated to watercraft owners by the Harbor Master in accordance with this ordinance.   

The approximate location of the Safe Harbor designated mooring anchorage is as follows: From a point starting on the westerly side of the Town public way, situated off Safe Harbor Road and proceeding along the westerly shore approximately 345 feet to the permanent concrete docks on lot 11; and from the Town public way and proceeding easterly along the easterly shore approximately 450 feet to the ledges on lot 19 and from that point directly across the harbor, in a westerly direction approximately 500 feet, to the afore mentioned concrete docks on lot 11, all located on Town of Sebago property tax map No. 30.

3.2     Any waters of the Town of Sebago not designated as a mooring anchorage are considered open shoreline.  Mooring plans are not required for these areas and mooring registrations are voluntary.  

3.3     Other Designated Mooring Anchorages in the Town of Sebago may be established by the Board of Selectmen from time to time.

3.4     An individual or group of individuals may petition the Harbor Master to reclassify a defined portion of any open shoreline as a designated mooring anchorage.  The Harbor Master shall review the petition and recommend approval or denial to the Board of Selectmen.  The Board of Selectmen shall hold a public hearing to hear comments on the proposed petition.  Upon approval by the Board of Selectmen the Harbor Master shall prepare a mooring plan and implement the provisions of this ordinance.

Section 4.      Mooring Registration Process

4.1     The mooring and anchoring of all boats and swimming rafts and floats in mooring areas of the Town shall be governed, regulated and controlled by the Town and no person or persons shall moor or anchor or cause to be moored or anchored therein boats or floats of any description except in conformity with the rules and regulations established therefore by the Town.

a.      Moorings for all boats and swimming rafts in Designated Mooring Anchorages shall require a mooring registration.

b.      Registration of moorings for boats and swimming rafts in Open Shoreline Anchorages shall be voluntary.  Should a portion of an Open Shoreline Anchorage be reclassified as a Designated Mooring Anchorage at some point in the future, owners who have voluntarily registered their mooring shall have priority for issuance of mooring permits.

4.2     Moorings in Open Shoreline Anchorages

Non-Commercial  mooring placement in Open Shoreline Anchorages shall be the responsibility of the property owner subject to the following conditions.  Separate rules apply to moorings in Designated Mooring Anchorages and for Commercial Moorings (see Section 7.5 and 7.6 4.3 and 4.4 below).

a.      The mooring shall be placed so that it does not:

i.      Create a navigation hazard,

ii.      Materially adversely affect great pond vegetation, lake wildlife, or any natural aquatic habitat.

iii.     Interfere with other moorings, navigation, swim area, or a fairway

b.      If the mooring owner is notified by the Harbor Master that one or more of these prohibitions have been violated, then the mooring shall be removed or moved to a safe location specified by the Harbor Master at the owner’s cost.

4.3     Moorings in a Designated Mooring Anchorage

Non-Commercial moorings in a Designated Mooring Anchorage will be made available annually for Sebago residents and non-resident taxpayers according to the following rules.  Separate rules apply to the Commercial Moorings (see Section 4.4):

a.      Availability:  Mooring privileges for boats and swim rafts shall be granted upon an application to the Harbor Master on a first come-first serve and one-at-a-time basis. The Board of Selectmen will select the annual application date for mooring applications and advertise that date at least two weeks in advance.

b.      Priorities:  The Harbor Master will make all mooring assignments in accordance with following priorities:

i.      Qualified Shorefront Owners defined in this ordinance are entitled to one mooring immediately adjacent to the proposed mooring location pursuant to Title 38 Chap 1 for every 100 feet of frontage they own so long as it does not encroach upon the natural channel or channels established by the Town;

ii.     Shoreline property owners with real estate abutting the water;

iii.    Property owners with deeded access rights to the waterfront;
.
iv.     Other Resident taxpayers of the Town;

v.      Non-resident property owners;
c.      Evidence of Previous Moorings:  Irrespective of (b) above if the applicant for a registration can show credible evidence that he or she has had a mooring legally in place in the Designated Mooring Anchorage every season since June 1, 2008 will be given priority for a mooring registration over other applicants within their priority listing under this ordinance (e.g. – If a property owner with real estate abutting the water qualifies their application would be considered first among other property owners with real estate abutting the water.).  This test may also be used when there is a dispute between mooring registration applicants over conflicts between moorings.

d.      Waiting List: When the number of applications exceeds the number of
available mooring spaces as determined by the Harbor Master, the Harbor Master shall maintain a waiting list of all applicants who have not been issued a mooring registration, which shall be available at the town office. The list shall be used by the Harbor Master in issuing mooring registrations as mooring spaces become available, as the first person on the list will get the next available mooring space, except as set forth in (c) above.

e.      Nonresidents: If a nonresident wishes to moor a watercraft, the principal use of which is noncommercial, and less than 10% of the moorings are currently assigned to persons fitting this description, the next mooring available shall be assigned to the first such person on the list.

f.      Shorefront Owner Moorings

i.      Whenever practicable, the Harbor Master shall assign a mooring privilege to owners of shorefront lands contiguous to any waters in the Town of Sebago and who meet these criteria:

-        Individuals own the shore rights of at least 100 feet of frontage regardless of the size of the lot and have owned it prior to January 1, 1987, and

-.      are masters or owners of a boat or vessel, and

-.      the mooring shall front the shorefront land whenever practicable.

ii.     The Harbor Master shall assign one mooring site to each of these qualifying individuals for every 100 feet of frontage they own so long as it does not encroach upon the natural channel or channels established by the Town. The mooring(s) shall be registered in accordance with this ordinance.  There shall be no registration fee for this/these mooring(s).

iii.    The limitation of one mooring for every 100 feet of frontage owned assigned under this privilege does not prevent the owner of a shorefront parcel from receiving additional mooring assignments under the allocation system for all other residents up to the maximum number allowed.

g.      Location Standards: In issuing mooring registrations in the Designated Mooring Anchorage, the Harbor Master shall follow the following standards:

i.      The mooring shall not create a navigation hazard,       

ii.     The mooring location shall not materially adversely affect great pond vegetation, lake wildlife, or any natural aquatic habitat.

iii.     The mooring location shall not interfere with other moorings, navigation, swim areas, or a fairway.

h.      Number of Registrations allowed – Individuals may apply for multiple mooring registrations and may hold up to three registrations for water craft moorings and one registration for a swimming raft mooring at the same time, subject to the restrictions of (a) and (b) above.

i.      Fee:  Annual mooring fees shall be paid at the time of obtaining a mooring registration.  Mooring fees will be set each year by the Board of Selectmen.   See Appendix C for a schedule of current fees.

j.      Transfers:  No mooring may be rented, sold, or transferred by the party receiving the registration.  However, the temporary use of mooring by tenants of rental property shall be allowed.  Also, moorings may be transferred to an immediate family member.

k.      Renewals: Mooring registrations issued for a designated mooring anchorage are valid so long as there is no change of ownership of the watercraft, the mooring site does not change, and the requirements of this ordinance are complied with.  Every year on the anniversary date of the initial registration all mooring registration owners shall notify the Harbor Master whether they will maintain their mooring for the next year, if they still retain ownership of their watercraft, or if there has been any change in the status of the mooring.  The Harbor Master may require moorings to be moved at the expense of the owner if they interfere with other moorings, navigation, swim area, or a fairway, or if the mooring is abandoned.  The renewal report form is attached as Appendix B.

Any mooring registration not renewed by the annual date set by the Selectmen will be canceled and the owner’s name added to the waiting list.  The Town of Sebago may send renewal notices to registration holders annually in advance of registration due dates as a reminder.  Registration holders may request an extension of time up to 30 days to renew their registrations for cause shown, and the Town of Sebago may grant the request.  Notice of the loss of the registration shall be sent to the owner by first class mail.

l.      Abandonment: Any mooring, which has not been occupied with a watercraft for one boating season will lose its registration, unless the mooring registrant requests and is granted a variance from the Harbor Master. The owner’s name losing a registration shall be added to the waiting list. Notice of the loss of the registration shall be sent to the owner by certified mail. If the mooring is not removed within 2 weeks (14 days), the Harbor Master may cause the mooring ball to be removed and a fee of $50.00 will be assessed to the owner as well as any incidental expenses.

m.      Common Access Areas: Moorings may be placed in the Designated Mooring Anchorage. All moorings will be placed in locations specified by the Harbor Master .

n.      Lake Access: Access over private property must be documented with written permission of the property owner or by the deeds or rights-of way or easements. Deeds and rights-of-way shall specify or identify parties of interest.  Deeded lake access entitles the owner to apply for one mooring registration without fee.

o.      Parking: Parking a vehicle or a watercraft on private property that enables access to a mooring must be documented with written permission of the property owner.

p.      Water Safety:  Watercraft shall move at Headway Speed only with No Wake in all Designated Mooring Anchorages. No Water Skiing or Tubing shall be allowed through these mooring areas.

4.4     Marinas:  To enhance the safety of the residents and visitors to the Town of Sebago and its surrounding waters, the mooring of watercraft in marinas is regulated by this Ordinance.

a.      All marina moorings shall be considered commercial moorings.

b.      Marinas shall submit a mooring plan developed and stamped by a licensed engineer paid by the applicant, approved by the appropriate town authority, to the~Planning Board each year for evaluation prior to the placement of moorings for the season. Any change to~the mooring plan shall require a revised plan~developed and stamped by a licensed engineer paid by the applicant, approval by the appropriate town~authority, and review by~the planning Board. ~~

c.      Fees associated with commercial moorings shall be paid for and applied for annually and paid in full at the time of submission.  

d.      All commercial moorings approved by the Planning Board shall be located at the direction of the Harbor Master, and in compliance with this ordinance.

Section 5.0             Mooring Registrations

                5.1     Registration Applications

a.      Each person desiring a Mooring registration shall file a Mooring registration application with the Harbor Master (see Appendix A) containing the following information:

i.      The applicant’s name, complete address, home telephone number, cell telephone and work telephone number;

ii.     The boat name and State and Federal registration number as applicable, the name and address of the boat owner(s) and a copy of the current boat registration or documentation certificate;
iii.    Mooring use and area applying for (whether Open Shoreline or Designated Mooring Anchorage);

iv.     The type of boat, i.e., sail, power, inboard or outboard, or swimming raft;
v.      Length of boat and hull configuration, i.e. deep keel, shallow draft, or if a float the dimensions of the float;

vi.     Residency status of applicant  (whether a preferred shorefront owner (own 100’ shoreline since Jan 1, 1987, own boat), a shorefront owner, a backlot owner w/ deeded access, an other Sebago resident, or a non-resident.

vii .   The signature of the applicant and date of applications;

viii.   Proof of a mooring inspection within the 24-month period immediately prior to the date of the application.

ix.     Approximate position or GPS coordinates.
b.      Incomplete Applications: Each application that fails to provide the above
listed information will be deemed incomplete. All applications must include
the appropriate fee. Those without the appropriate fee shall be deemed
incomplete. Incomplete applications shall be returned to the applicant without
further action by the Harbor Master. A fraudulent application is grounds for
immediate termination of mooring assignment.

c.      The Mooring registration application has been approved and the Harbor Master has issued a written registration to the applicant stating the location of the mooring (see Appendix A).

5.2     Other Provisions

a..     Neglected, abandoned or unauthorized moorings (including, but not limited to,  unpaid fees or wrong location) shall be moved or removed by or under the direction of the Harbor Master. Any expense incurred will be borne by the person  responsible for its placement (if known).

b.      An assigned mooring not set or set and then unused by the applicant for a period of one season or more, as determined by the Harbor Master, shall be deemed abandoned unless the mooring registrant requests and is granted a variance from the Harbor Master.

c.      Notwithstanding any other provision of this chapter to the contrary, houseboats are prohibited from mooring or anchoring in Town waters for a period longer than 10 consecutive days or 20 total days per calendar year except at marinas that provide the following:

i.      A permanent float, dock or slip from which the houseboat may be directly boarded from land;
ii.     Connection to a public water supply by means of an individual anti backflow valve;

iii.    A sewer connection to a suitable means of sewage disposed;

iv.     An all weather supply of electricity;

v.      Parking as required by the codes and ordinances of the Town; and compliance with the applicable Land Use Codes.

e.      Rafting or attaching a group of ‘rafted’ boats to a mooring is not allowed. (see definition of rafting in Section 7.3)

f.      No boat owner or person shall fasten or tie a boat to a mooring without the expressed permission of the assigned mooring holder except in instances of a true emergency, which shall be defined as a threatened loss of personal property  and or personal injury.

g.      Violations of any provisions of these rules shall result in forfeiture of all registration and lease privileges. Additionally, whoever violates any provision of these regulations shall be subject to a fine and penalty described in Section 8.

h.      This Ordinance shall not preclude those individuals who wish to “anchor” a boat temporarily for a period of time not to exceed twenty-four (24) hours. All anchored boats shall maintain a dusk to dawn quiet. Those failing to do so will be in violation of M.R.S.A. Title 17-A sections 501 and 502, disturbing the peace, and will be asked to cease and desist by the Harbor Master. Any further complaint will result in a summons and be asked to leave the area.

i.      A developed swim area may be delineated within the Water Safety Zone by qualified entities as defined in accordance with State law (§1900 of Chapter 220 of Title 12, Maine Revised Statutes Annotated), and mooring sites shall not be allowed by the Harbor Master within this area.  

Section 6.      Mooring Standards:  

6.1     Moorings must conform to all the specifications and registrations required by this Ordinance as well as all applicable Federal and State regulations and laws.

a.      All moorings shall be of stone, granite or cured reinforced concrete or mushroom anchor without dangerous protrusions or others as approved by the Harbor Master
.
b.      The line between the mooring and the buoy shall be chain of a size to fit boat exposure and water depth as approved by the Harbor Master. The summer buoy, as set by the Maine Department of conservation, shall be colored white with a single BLUE horizontal band clearly visible above the water line. The buoy must be removed by December 1st.

c.      A winter mooring marker may be made of polyball, plastic bottles or plastic material. The buoy must be white, have the owner’s name and registration number affixed to it.

d.      The mooring registration holder must affix the assigned mooring registration number in at least three-inch letters on contrasting color. If the mooring does not display this and cannot be otherwise identified, it shall be considered in violation of this ordinance. If the number is not displayed within 10 days of a written warning by the Harbor Master, the mooring will be removed by the Harbor Master and a $50.00 penalty will be assessed before the mooring can be recovered.

e.      Metal devices, engine blocks and other materials, which may release contaminants, shall not be used in construction of anchoring structures.

f.      Minimum tackle standards.  Mooring gear and tackle used in the Town shall meet or exceed those specified in the current edition of Chapman’s Piloting & Seamanship.  The Town assumes no liability whatsoever for the actual performance of adequacy of any mooring system employed by a mooring holder whether or not such system conforms to these minimum standards.  The mooring owner is responsible for the adequacy and performance of all mooring gear, tackle and maintenance thereof
6.2     Inspections

a.      At least once every two years, each mooring shall be either self-inspected by the mooring owner or inspected through a mooring service company chosen by the mooring owner, and in either case, must be in a safe condition before being placed in any Town anchorage.

Section 7.      Harbor Master

7.1. ~~ The Harbor Master shall be appointed by the Town’s Board of Selectmen.  At the request of the Harbor Master the Board of Selectmen may appoint one or more Assistant Harbor Master(s) who shall report to the Harbor Master for direction.  The Board of Selectmen may also remove the Harbor Master and/or Assistant Harbor Masters.
~
7.2. ~~ The Harbor Master and Assistant Harbor Master(s) shall serve at the pleasure of the Board of Selectmen for a one-year term.  Compensation for the Harbor Master and the Assistant Harbor Master(s) shall be established by the Board of Selectmen.

7.3     The Harbor Master and Assistant Harbor Master(s) shall satisfactorily complete a basic harbor master training course offered by a statewide harbor masters association within one year after being appointed or reappointed unless that person has previously completed such a course.  The Town will pay the cost of this training.
~
7.4     The Town will pay for any additional insurance costs such as a rider for the performance of the Harbor Master and Assistant Harbor Master’s duties.
~
7.5     Duties and Authority - The Harbor Master shall:
~
a.       Enforce the Town of Sebago Mooring Regulation Ordinance and exercise those powers granted by state law, including, but not limited to, the provisions of Title 38, Chapter 1, Subchapter 1, MRSA.
~
b.      Have jurisdiction over all moorings in the Town and its waters.

c.      Is empowered to require that any mooring be moved at any time at the owner’s expense.  Failure to more or remove a mooring at the request of the Harbor Master will be a violation of this ordinance.   
~
d.      Remove or cause to be removed obstructions to navigation in Town waters.
~
e.      Place and maintain or cause to be placed and maintained, either on land or water, such signs, notices, signals, buoys, waterway or channel markers, or control devices as he or she deems necessary to carry out the provisions of this ordinance or to secure public safety and the orderly and efficient use of the waters of the Town of Sebago.
~
f.      Respond to requests from citizens, neighborhood groups, and vessels for information or assistance to resolve problems.
~
g.      Develop and maintain Mooring Plan(s) for review of the Town Manager and Board of Selectmen for designated mooring anchorages including:

i~      Review/Approve/Document Moorings

ii~     Assignment

iii~    Location

iv      Mooring per area

v       Channels~

                        h.      Issue mooring registrations

i.      Maintain and post a current mooring list and mooring waiting list for Town waters for which a Mooring Plan has been established.

j.      Refuse to grant a mooring to anyone who fails to pay fines or fees levied under this ordinance, or to anyone who is in arrears with their property taxes.

Section 8.      Supervision and Appeal Process

8.1     The Harbor Master and Assistant Harbor Master(s) shall report administratively to the Sebago Town Manager.  The Town Manager shall monitor their performance and is responsible that they are carrying out any and all duties of their position.  The Town Manager may recommend to the Board of Selectmen that the Harbor Master and/or Assistant Harbor Master be removed from their appointment(s).

8.2     In situations where a resident or non-resident is not satisfied with the actions and or decisions made by the Harbor Master, they shall have the right to submit a formal appeal to the Town Manager.

8.3     The Board of Appeals shall be the final appeal if residents are not satisfied with the decision of the Town Manager to their appeal.

Section 9.      Definitions of Terms Used

Abandoned Moorings - A mooring in waters classified under this ordinance shall be considered abandoned unless it is used by the owner or his family during the calendar year, unless the owners notified the town in writing of his intent to not use the mooring, registers mooring in accordance with this ordinance, and grants permission for the use of the mooring to-be assigned to others.

Abandoned Vessel - Any vessel which is unattended and determined by the Harbor Master to constitute a danger to navigation, or which is sinking or already sunk, or which is stranded on any property without the permission of the owner of the property.  

Allocated Space – a mooring assigned to an individual according to this ordinance.  

Anchor - Any appliance used by a craft for anchoring purposes and which appliance is carried aboard such craft when under way as regular equipment.

Anchorage, mooring – Any specific area of the waters of the Town of Sebago with permanent moorings and where all such moorings are be registered with the Harbor Master.  See also Designated Mooring Anchorage and Open Shoreline Anchorage.

Anchorage, temporary - An area of the waters of the Town of Sebago, which is capable of the temporary anchoring of boats and vessels.

Back lot - Any lot or parcel of land that is near a body of water but does not have direct water frontage on the water but has deeded rights to the body of water.  

Channel - An area of waterway or anchorage kept clear of moorings or other obstructions to allow the free passage of Vessels.

Commercial Mooring - Those moorings that are rented or leased. All marina moorings shall be considered commercial moorings

Common Access Area - An area where multiple inland landowners share deeded rights to a water body of the Town of Sebago with a common access easement.

Craft - Every description of watercraft including boats of all kinds, seaplanes, jet skis and scows used or capable of being used for any purpose on water, or any craft meeting the Federal or State definition of a watercraft.

Designated Mooring Anchorage – The Board of Selectmen may designate areas of the waters of the town as Designated Mooring Anchorages where a mooring plan shall be developed by the Harbor Master and where all mooring registrations shall be allocated to watercraft owners by the Harbor Master in accordance with this ordinance.  

Easement - The right to use the real property of another for a specific purpose. The easement is itself a real property interest, but the original owner retains legal title to the underlying land for all other purposes. Typical easements include access to another property.

Emergency - A state of imminent or proximate danger to life or property in which time is of the essence.

Fairway - A navigable channel in a harbor, which may but need not be marked with channel markers.

Great Pond – All land below the natural low-water mark of ponds that are 10 or more acres in size in their natural state

Harbor - The shoreline and offshore waters of the waters of the Town of Sebago

Harbor Master - A person appointed by the Board of Selectmen of the Town of Sebago who is charged with the enforcement of the provisions of this ordinance and certain duties and responsibilities as prescribed by Title 38, MRSA.  The Board of Selectmen may also appoint Assistant Harbor Masters.

Headway Speed - The minimum speed necessary to maintain steerage and control of the watercraft while the watercraft is moving through a mooring field. Watercraft may not be operated at a speed greater than headway speed while within the water safety zone or within a marina or a Designated Mooring Anchorage except while actively fishing.   

Houseboat – Any watercraft, including large, flat-bottomed boats with superstructures resembling a house, usually moored and used as a residence.  

Marina - A business establishment having frontage on navigable water and, as its principal use, providing for hire offshore moorings or docking and/or launching facilities for boats, and which may also provide accessory services such as boat repair, indoor and outdoor storage of boats and marine equipment, boat and tackle shops, and marine fuel service facilities.

Meaning of Words - All words not defined herein shall carry their customary and usual meanings. Words used in the present tense shall include the future. Words used in the singular, shall include the plural and vice versa. The word “shall” is used to include the mandatory and the word “may” is used to indicate the permissive.

Mooring - An anchoring device and line or chain that secures a watercraft, float, or floatplane to the bottom of a water body.   This equipment is not carried aboard the water craft or floatplane when underway as regular equipment.

Mooring Buoy - Any device designed to float that marks a mooring and is used to connect a mooring to a watercraft, float or floatplane.

Mooring Field – an area containing more than one mooring.

Mooring Registration - A registration issued on an annual basis by the Harbor Master to an applicant, authorizing the applicant to utilize a specific mooring site for a specified purpose or purposes.  

Mooring Registration Fees – The Board of Selectmen may set fees for mooring registrations issued under this ordinance, and may review and revise these fees on an annual basis without revising this ordinance. These fees shall be used only to administer and fund the Mooring Regulations ordinance.

Mooring Plan - A plan for the placement and specification of moorings in Town waters prepared or approved by the Harbor Master and Assistant Harbor Masters, with public input, and approved by the Selectmen.  There may be one or more mooring plans for different bodies of water in the Town, developed as needed.  

Mooring Site - A designated area on a body of water in which the master or owner of a boat or vessel has been permitted to place a mooring by the Harbor Master.

Mooring Tackle – The hardware and cordage used to secure a vessel at a mooring.

Municipal Resident - Any person who occupies a dwelling within the Town of Sebago for more than 180 days in a calendar year, or any person owning real estate in the Town of Sebago, or any person who maintains a legal residence in the Town of Sebago.

Municipal Non-Resident - Any individual who does not maintain a legal residence within the Town of Sebago, or a person who does not meet the definition of a municipal resident.

Normal High Water (NHW) – Is defined as Full Pond level for Sebago Lake, or 266.5 Feet above mean sea level (MSL).  NHW for other waters of the Town of Sebago (e.g. – Hancock Pond, Brown Pond, Peabody Pond) is as defined by the Harbor Master with approval of the Board of Selectmen.

Open Shoreline Anchorage – Any portion of the waters of the Town of Sebago that is not a Designated Mooring Anchorage.  In the Open Shoreline Anchorage a mooring plan is not required however all moorings must be registered with the Harbor Master.  The Town may reclassify a portion of any Open Shoreline Anchorage as a Designated Mooring Anchorage.

Owner - The legal or equitable owner of a vessel or watercraft, or the agent or employee of such owner or any other person lawfully in actual physical possession of a vessel or watercraft.

Rafting -  the anchoring, mooring, tying, fastening linking or joining of any combination of six or more vessels together in close proximity with one another.

Right-of-Way – A deeded right-of-way for non-shorefront landowners over a designated portion of a shorefront property. (See also the definition for easement)

Shorefront Owner- An individual who owns the shore rights to a parcel of land contiguous to any waters in the Town of Sebago.

Slip - a docking place for a boat, as between wharves.

Speed - The rate which a vessel transits the water.

Structure - Anything built for the support, shelter, or enclosure of persons, animals, goods, or property of any kind whether permanent or temporary.

Swimming Raft – a flat floating structure that you can sit on, jump from, etc, when you are swimming.  Swimming rafts are affixed to a mooring and stay in one location, and are subject to this ordinance.

Town – the Town of Sebago, Maine.

Town Beach – property owned by the Town of Sebago on the shore of Sebago Lake, or other ponds or lakes in the town.

Vessel - See definition for Craft

Wake - Waves caused by the passage of a vessel through the water. These waves are a function of water displaced by the vessel and are generally unrelated to excessive speed.

Waters of the Town of Sebago – All Great Ponds and tributaries thereto lying in the boundaries of the Town of Sebago, Maine.

Water safety zone - the area of water within 200 feet of any shoreline, whether the shoreline of the mainland or of an island.  The State of Maine does not normally buoy hazards within this zone except when marking a channel or critical, high traffic areas.

Watercraft~ - any type of vessel, boat, barge, float or craft used or capable of being used as a means of transportation on water other than a seaplane.

Winter Mooring Marker - Marker made of plastic that may be used in winter when ice could cause damage or loss of approved mooring buoys.

Section 10.     Registration Fees

A Schedule of Mooring Registration Fees associated with this ordinance will be reviewed and established by the Board of Selectmen on an annual basis, as necessary.  Fees are listed in Appendix C.

Section 11.     Penalties

Whoever violates any provision of this Ordinance, neglects or refuses to obey the
provisions of this Ordinance shall be deemed guilty of a misdemeanor and, upon
conviction, shall be punished by a fine of not less than One Hundred Dollars
($100) and not more than $2,500 for the first offense. Each day that such violation exists shall constitute a separate offense. This  Ordinance shall be enforced by the Harbor Master and/or any other law enforcement official with jurisdiction in the Town. If the Harbor Master incurs costs in the conduct of his/her duty as a direct result of the failure of a vessel owner or operator to comply with the laws and regulations, the Harbor Master may recover these cost and reasonable reimbursement of his/her time by filing a civil complaint against such owner or operator in the appropriate District Court.

Section 12.     Severability.

In the event that any section or any portion of this ordinance shall be declared by any court of competent jurisdiction to be invalid for any reason, such decision shall not be effected to affect the validity of any other section or portion of this ordinance.  The provisions of this ordinance are hereby declared to be severable.

When a provision of this regulation conflicts with or is inconsistent with any other
ordinances, regulations or statute, the more restrictive provision shall apply.

Section 13.     Effective Date and Sunset Provision.  

13.1    Notwithstanding any law to the contrary, this ordinance shall take effect as follows:
Initial appointment and certification of a Harbor Master and Assistants – July 1, 2012  to June 30, 2013
Initial date that mooring registration applications may be filed with the Harbor Master – July 1, 2013
Initial date that mooring registrations are required in Designated Mooring Anchorages– July 1, 2014

13.2    This ordinance shall expire at the end of the third year after enactment unless extended by vote of the town.



Adopted

A true copy attest:_______________________________________ Town Clerk
                              Michele A. Bukoveckas
===================

Appendix A
TOWN OF SEBAGO, MAINE
NEW MOORING REGISTRATION

Name ________________________________________________________________________
                Last                            First                           MI
Physical Address________________________________________________________________

Mailing Address (if different) _____________________________________________________
______________________________________________________________________________

Home Phone __________________________ Cell Phone _______________________________

Boat Registration # _________________________ Body of Water________________________

Type/Length of boat ___________________________________Swimming Raft______________

Mooring Use Area (check either ___Open Shoreline Anchorage or __Designated Mooring Anchorage)

Approximate position or GPS coordinates of mooring_______________________________________

Residency status (check one) __Preferred shorefront owner (own 100’ shoreline since Jan 1, 1987, own boat) __Shorefront owner __Backlot owner w/ deeded access __Other Sebago resident __Non-resident

If shorefront owner, how much shorefront do you own? _____________feet

If not a shorefront owner, do you own or have written permission to access the mooring and park on private property?  Where?___________________________________________________________

Type of Mooring Anchor _________________________________________________________
All moorings must be white with blue stripes (Maine State Law) and all assigned mooring
numbers must be on the sticker issued by the Town of Sebago for the current year. The sticker
must be viewable from a boat. Moorings must be in compliance with the Town of Sebago
Mooring Regulations Ordinance . All moorings are subject to yearly review for
placement, etc. and registrations must be renewed by July 15th. Moorings not in compliance are
subject to removal.

I acknowledge that the Town of Sebago, at any time, reserves the right to request my mooring be relocated or removed if found necessary to do so.  I agree to abide by the terms of the ordinance.

Signed by: _______________________________ Date: ______________________________
To be filled out by Town of Sebago Agent
Date Issued: ________________________ Date Expired: ______________________________
Tax Map# __________________________ Lot #_____________________________________
Mooring # ______________________ Fee Paid: ________________________________
=====================================

Appendix B
TOWN OF SEBAGO, MAINE
MOORING RENEWAL REPORT
MOORING # ______________

Name ________________________________________________________________________
                Last                            First                           MI
Physical Address________________________________________________________________

Mailing Address (if different) _____________________________________________________
______________________________________________________________________________

Home Phone __________________________ Cell Phone _______________________________

Boat Registration # _________________________ Body of Water________________________

Mooring Use Area (check either ___Open Shoreline Anchorage or __Designated Mooring Anchorage)

Approximate position or GPS coordinates______________________________________________
______________________________________________________________________________

Type/Length of boat ___________________________________Swimming Raft______________

=========================================================================
I certify that there has been no change to my watercraft ownership/swimming raft and the mooring site has not been changed from the initial registration I obtained for it from the town for this mooring.

I acknowledge that the Town of Sebago, at any time, reserves the right to request my mooring be relocated or removed if found necessary to do so.  I agree to inspect my mooring at least every 24 months and comply with the other provisions of the mooring regulation ordinance.  

Signed by: _______________________________ Date: ______________________________



=======================================================================================
To be filled out by Town of Sebago Agent
Date Issued: ________________________ Date Expired: ______________________________
Tax Map# __________________________ Lot #_____________________________________
Mooring # ______________________
==============================


Appendix C – Mooring registration Fee Schedule
The Sebago Board of Selectmen may set fees for mooring registrations issued under this ordinance, and may review and revise these fees on an annual basis without revising this ordinance.  Fees are initially established as follows for the effective date of this ordinance:
Open Shoreline Anchorage

Location
Any portion of the waters of the Town of Sebago that has not been designated as a mooring anchorage.
Watercraft Mooring
Registration
Optional
Swimming Raft Registration
Optional  
Fees
No fee for  initial registration.  No fee for annual reporting.  
Designated Mooring Anchorage

Location
Any area designated as a mooring anchorage by the Town of Sebago
# Moorings
Preference
Qualified Shorefront Owners (see Section 4.3) are authorized one mooring for every 100 feet of frontage owned.
# Moorings
Others
Non-commercial watercraft owners are authorized up to 3 registrations for watercraft and 1 registration for a swimming raft in a Designated Mooring Anchorage,  dependent on review and approval of the Harbor Master and according to the Anchorage Mooring Plan.  Registrations shall be issued singly on a first-come, first-served basis.  The # of commercial moorings and their location will be at the direction of the town authority
Watercraft Mooring Registration
Mooring registration for watercraft is required from Harbor Master for every new registration.  Registrations need not be renewed annually provided there is no change to watercraft ownership or use and the approved mooring site is not changed.
Swimming Raft
Registration
Mooring registrations for swimming rafts are required from Harbor Master for every new registration.  Registrations need not be renewed annually provided there is no change to swimming raft ownership or use and the approved mooring site are not changed.   
Reporting
Annual reporting is required to confirm watercraft ownership, use, and location of mooring site. Annual reporting is also required to confirm swimming raft ownership, use, and location of mooring site.
Fees
1 watercraft or swimming raft initial mooring registration - $15.00
2 - 4 registrations - $25.00 each
More than 4 registrations (commercial moorings) - $50 each
No fee for annual reporting.  No fee for qualified shorefront owner preference.