HomeMy Public PortalAboutOrdinance 2023-0653 Demolition StandardsORDINANCE NO. 20230
AN ORDINANCE OF THE VILLAGE COUNCIL OF BAL
HARBOUR VILLAGE, FLORIDA; AMENDING CHAPTER
6 "BUILDINGS AND BUILDING REGULATIONS" OF
THE CODE OF ORDINANCES TO UPDATE AND
STRENGTHEN DEMOLITION REQUIREMENTS AND
STANDARDS FOR CONSTRUCTION SITE
OPERATIONS; PROVIDING FOR CONFLICT,
CODIFICATION, SEVERABILITY, AND FOR AN
EFFECTIVE DATE.
WHEREAS, Bal Harbour Village adopted its first version of Chapter 6,
"Buildings and Building Regulations" in the Village Code of Ordinances in 1974;
and
WHEREAS, the Village Council periodically studies various land
development trends and issues, and considers strategies and design guidelines to
encourage the proper development of lands within the Village, and amends its
Code accordingly; and
WHEREAS, at the July 18, 2023 Village Council meeting, the Council
discussed the demolition process under the Code and directed the Administration
to review and identify possible improvements to these requirements to protect
public safety and assure the compatibility of construction sites with the community;
and
WHEREAS, the Village's Local Planning Agency (LPA) and Village Council
held duly advertised public hearings to considerthe proposed modifications to the
Village's Code.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF BAL
HARBOUR VILLAGE, FLORIDA:
Section 1: Recitals Adopted. That the above stated recitals are hereby
adopted and confirmed.
Section 2: Village Code Amended -Chapter 6. That the Bal Harbour
Village Code is hereby amended to modify Chapter 6 "Buildings and Building
Bal Harbour Village Ordinance 2023-653 VER: 7 1
Regulations" by amending Article V, "Demolition of Structures"; and by amending
and creating a new section of Article VII of Chapter 6 "Construction Site
Operations", as more fully set forth herein.
Chapter 6 - BUILDINGS AND BUILDING REGULATIONS
ARTICLE V. - DEMOLITION OF STRUCTURES
Sec. 6-142. - Demolition plan_ and permit required.
(a Demolition Plan. The demolition plan shall include:
(1) Description.
a. For singlefamily dwellings, aA written description armor graphic display
of the buildings armor portions of buildings to be demolished, and(24 A a
description of the means of demolition to be utilized.
b. For multifamily dwellings and nonresidential development, a written
description and graphic display of the buildings or portions of buildings to be
demolished including signed and sealed design drawings by a structural
engineer, detailing the proposed methodology. means method and safety Ian
of demolition. The safety plan shall include, but not be limited to, removal of
windows and interior furnishings prior to demolition of the structure.
(42) The expected date for demolition to begin-, ands^the estimated
number of days necessary to complete the demolition and remove the resulting
debris.
The actual time of demolition, cleanup and, where applicable, regrading
and revegetation of single family dwelrinc,s shall not exceed 100 weFkiRg days;
exe-Iu-sive-^45-ti-, relays, Sundays and holidays. Such time shall not exceed 180 da : s
for multifamil; dwellings and nonresidential develo.�)ment.
4) A plan to address hurricanes or other weather emeraencies. The Plan
shall require that if a tropical storm watch or hurricane watch is issued for the
village, then the owner of the property shall comply with the requirements of
Section 8-16 of the Miami -Dade County Code of Ordinances, and the hurricane
Ian shall be implemented.
Bal Harbour Village Ordinance 2023-653 VER: 7 2
(5) Use of off -duty police to control demolition -related traffic may be
required by the Chief of Police c,r desinee.
b Demolition Permit. No demolition may occur without first obtaining a
demolition permit. An application fora demolition permit must address all of the
following items to the satisfaction of the Building Official prior to the issuance of
the demolition permit:
(1) A site management plan that includes: a plan for the demolition of the
structure(s): the location of utilities: location of temporary bathroom facilities: tree
identification and disposition: site grading_ pedestrian protection (if applicable -
when sidewalks exist); adjoining property protection: dust control: runoff control_
including but not limited to, a gravel bed at the entry to the site: fencing and
screenin • site security: and a demolition schedule.
(2) Proof of written notice to the owners of properties located within 300
feet of the site advising them that the demolition is to occur,Postmarked at least
ten (10) days prior to the start of demolition.
3 Proof of rodent control at the site provided by a licensed professional
company, and of methods of control of mosquitos or other nuisances.
(4) Fencing_:
a Issuance of a fence permitto enclose the demolition site on all sides with
a temporary six-foot chain link fence with screening_ material,
b installation and inspection of the fence
(c) close-out of the fence permit by the building department.
(5) Proof that A/C systems have been evacuated to avoid Freon leaking
into the atmosphere when applicable).
(6) If required by the Building Official, any or all of the following may be
required for demolition of anything other than single family dwellings: safety plan..
seismic monitoring, engineered demolition plan, and onsite structural inspector.
(7) Any additional documents that may be required by the building
department including.. but not limited to, a survey of the property, letter of
disconnect from FPL. water and sewer capping, letter of disconnect from gas
company (when applicable), and approval of outside agencies (when applicable
Bal Harbour Village Ordinance 2023-653 VER: 7
such as the department of regulatory and economic resources (for asbestos, when
applicable), department of health, or department of environmental protection.
(c) Additional requirements for demolitions.
1 All demolition sites shall be dust controlled throughout the hours of
operation.
(2) All demolition sites shall comply with the village's noise ordinance and
hours of construction. No demolition activity is permitted on SaturdaysSundays
or those holidays specified in Section 11-31(b) of the Code.
3 All equipment used during demolition must be contained within the site.
unless the village manager or designee approves an alternative location within the
village.
4 Compliance with the NPDES permit and related village requirements.
(5) The village manager or designee may require other documentation or
impose additional requirements for any demolition in a particular site.
(d)Appeals. The Building Official's decision pertaining to a demolition.permit may
be appealed to the Miami -Dade County Board of Rules and Appeals ("BORA"). In
the event BORA denies jurisdiction to consider the appeal. such appeal may be
made to the appropriate court with jurisdiction.
Sec. 6-143. - Regrading and revegetation plan. If the proposed demolition will
remove an entire building or any portion thereof, and i a building permit for a
principal structure is not issued within 30 ea4mWaf= days of completion of
demolition or (ii) construction does not commence within 45 f.-4eyvdaf days of
completion of demolition (or such alternative timeframe approved by the building
official as reasonable to the circumstances), then the applicant for a demolition
permit shall also submit a regrading and revegetation plan prepared by a
registered landscape architect. This plan shall include:
(1) A regrading plan providing for the regrading of the site so that it will be
generally smooth and level so that there are no dropoffs, holes or other features
which might pose a safety hazard or threaten to damage adjacent Property or any
areas likely to hold standing water that might pose a potential health or safety
hazard.
(2) A revegetation plan providing that the site shall be revegetated by being
properly treated with topsoil, sprigged or sodded with a lawn grass commonly
Bal Harbour Village Ordinance 2023-653 VER: 7 4
used in Miami -Dade County, and maintained until growth is self-sustaining. If the
demolition site is beachfront property and the Village Building Official determines
that portions of the site are not suitable for revegetation with any of the lawn
grasses commonly used in Miami -Dade County, then the Village Building Official
may approve revegetation of those portions of the demolition site with plants from
the following list:
Scientific Name
Common Name
Cakile
Sea rocket
Hetrotheca subaxillaris
Cam horweed
I omoea es -car rae
Railroad vine/beach morning for
Panicum amarularum
Dune panic grass
Pas alum va inatum
Salt jointgrass
Scaevola plumieri
Inkberr
Sesuvium portulacastrumSea
purslane
Smilax spp.
Bamboo vine
Horsebriar
Greenbriar
S artina patens
Saltmeadow cord rass
Uniola planiculata
Sea oats
or any other plants certified by a registered landscape architect as being
equivalent to the species listed in this subsection. These plants shall also be
maintained until they become self-sustaining.
(3) A Written estimate, certified by a registered landscape architect, specifying the
cost of implementing the regrading and revegetation plans.
(4) The estimated number of days necessary to complete the implementation of
the regrading and revegetation plan. This time, other than the maintenance
period necessary to achieve self -sustained growth, shall not exceed ninety (90)
days from the date demolition is begun.
Sec. 6-144. - Regrading and revegetation bond. The applicant shall post a surety
bond or cash equivalent perfeF^^a^G-^ beAd running to the Village equal to 150
percent of the estimated cost of implementing the regrading and revegetation
plans, to ensure the regrading and revegetation of the Property within the time
required by this Article and otherwise to protect the Village against any costs
which it may incur forthe subsequent revegetation of the Property if the Owner or
permit holder fails to complete revegetation within the time required by this
Article.
Sec. 6-145. - Failure to regrade and revegetate site.
Bal Harbour Village Ordinance 2023-653 VER: 7 5
(a) Al^+�ePViolation. If the Owner or permit holder fails to properly regrade and
revegetate the Property within the time set forth in this Article, then they shall be
subject to code enforcement pursuant to Chapter 2, Article V of the Code. it shall
to the PeFrnit-helder and the Iisteel-inthe
Feeerds of �4etrepeIitang)eele(;a}anty, t9 Fem^ey thTTeonditieR 4.A.T4iTomn -la n
iAQt+C-e T44+„- , shall be i � h�+�„+ III., the f„II. � .., . f)r.ti,:
♦I Mr-MMURIM_ 1HROWAM
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(b) Performance of work by Village; payment of costs. Upon failure of the permit
holder or Owner of Property to remedy the conditions in violation of the
requirements of this Article vVith;n te-H days aft service of Retie^ as provided in
this section, the Village Manager or designee is authorized to take all necessary
steps to regrade and revegetate the Property utilizing the proceeds from the bond
or cash equivalent. Any necessary costs incurred by the Village for that purpose in
excess of the bond amount, along with all costs incurred in establishing such lien,
shall be a special assessment lien upon such Property. The special assessment lien
provided for shall be superior in dignity to all other liens, except those of taxes,
Bal Harbour Village Ordinance 2023-653 VER: 7 6
and shall bear interest at the rate of ten percent per annum from the date that the
lien is established.
ARTICLE VII. - CONSTRUCTION SITE OPERATIONS
Sec. 6-201. - Property Maintenance Standards.
(a) Debris Control. All properties with on -going construction activities shall
maintain the premises in a neat and orderly manner. A trash enclosure, dumpster
or other container shall be maintained on -site at all times. Loose debris shall be
placed within the enclosure. A cover shall be maintained over such debris
containers during periods when no construction activity is taking place.
(b) Erosion and Dust Control. In compliance with the Village's National Pollution
Discharge Elimination System (NDPES) permit requirements, prior to beginning
any clearing, grubbing or construction activities, as part of the building permit
process, the contractor shall submit a plan detailing the location and handling of
materials, soils and outlining the actions that will be taken to prohibit run-off of
dirt, sand, fluids, vegetation or any other item into the Town's stormwater system
or onto adjacent property. Piles of soil shall provide for a containment area to
reduce run-off.
(c) Temporary Bathroom Facilities. Temporary Bathroom Facilities shall be placed
at a location that minimizes visibility from off -site. Any such facility shall be
enclosed within a decoratively fenced area, (suehar, shaele bex, v•;^^^_ f^^e-i^^,
; tt+c-e-weed panels, etc wrapped with materials that}- e effectively screen and
conceal the sides and rear of the Temporary Bathroom Facility. Plywood is not
acceptable nor is chain link fencing. No Temporary Bathroom Facility may be kept
on a construction site unless construction activities are occurring.
(d) Vegetation Maintenance. Vegetation such as grass, shrubs, trees and ground
covers shall be maintained in such a fashion so that the site does not appear
overgrown or unkempt. Within 30 days of demolition of an existing structure the
construction site must be sodded and properly maintained, until such time as a
construction fence is erected and construction activity begins.
(e) Emergency Plan. If a tropical storm watch or hurricane watch is issued for the
Village, then the owner of the property shall comply with the requirements of
Section 8-16 of the Miami -Dade Coun1y Code of Ordinances taking all steps
necessary to secure the construction site including removal or securing of objects
that could become hazardous or loose.
Bal Harbour Village Ordinance 2023-653 VER: 7 7
Sec. 6-202. - Construction site operations. It is the purpose of this section to
promote the public health, safety, and general welfare and to minimize public and
private losses arising as a result of unauthorized access to Construction Sites. or
from loose and unsecured materials at Construction Sites during emergency
weather conditions to minimize exposure and prohibit activities which may ose
a danger to persons located off the Construction Site from debris materials or
activities carried on at the Construction Site by enacting the following regulations.
a Definitions. The following words or phrases when used in this section shall have
the meanings ascribed to them herein:
1 I Construction site means all sites where new construction renovations or
additions take place, other than lust interior work that is not visible to the exterior
of the premises, and any construction that shall include excavation or exposure of
the interior of an existing structure. A construction site shall not include paving or
repaving of a driveway, or other re -surfacing or minor interior renovations or
construction that is not exposed to the elements.
(21 Secure, in reference to items, means fastening down or removing all hazardous
ob'ects including but not limited to construction shacks temporary toilets
roofina the building materials trash forms insecure structures and temporary
electric service poles,= The term "secure" as applied to construction site access,
includes protecting the construction site during the hours described herein in
paragraph e by way of locked fence surrounding the perimeter of the site or the
provision of security, or both.
b Temporafy construction fence. Temporary construction fences are required on
Construction Sites as specified below in order to avoid visual nuisances and to
prevent litter and debris from blowing orspilling outside of the construction site.
(1) Required. A temporary construction fence will be required for all construction
that has a temporary toilet or construction debris or material container. Work on
pools, pool installations or substantial renovations also requires a temporary
construction fence at all times to avoid health and safety hazards.
(2) Installation. A temporary construction fence screening the Construction Site
and enclosina the entire property shall be erected and maintained in good order
at all times. Temporary construction fences shall be installed only within the
platted lots, parcels or tracts, and shall not be installed within road rights-of-wu
shown on the recorded plats. The temporary construction fence shall be erected
Bal Harbour Village Ordinance 2023-653 VER: 7
and completely in place as a requirement forth issuance of a building_ permit and
prior to the beginning of construction activities.
(3) Materials.
a. Single Family. The temporary construction fence for single family
dwellings may be six feet of chain link fence with a screening material attached to
visually screen and minimize impact to neighboring properties which may be
affected by Construction Site dust and debris, or may comply with the materials
standards for other construction.
b Other construction. The temporary construction fence for other
construction shall be at least six feet of solid wood construction covered with
laminate or wrap, completely concealing the view of the construction from the
right of way, with a rolling gate. The fence may be embellished with graphics in
accordance with Chapter 15. the Villa.,e sign code. The silt fence shall be installed
inside of the wood fence as required for the NPDES germit.
4 Permit. A fence Rermit is re uired to be issued for the tem ora construction
fence and the fence must be installed and a final inspection approved prior to
the issuance of a building permit.
(c) Construction staging plan. Staging plans shall be required for all construction
projects involving the use of a trash or materials container or portable toilet. The
owner occupant or user of any Construction Site shall be required to present the
stagincl plan to the village manager or designee for approval priorto the issuance
of a building permit. The staging Ian shall include but shall not be limited to
the following elements:
(1) Parking for construction workers, which must be onsite or contracted with an
offsite legal parking location.
(2) General traffic and detours including specific routes to and from the
Construction Site.
3 Delivery and location of cranes.
(4) Delivery and storage of materials which must be to a designated_ delivery area
adiacent to the property, as aRproved by the village manager or desi nee
coordinated and scheduled sothatthey can be accommodated in the designated
area.
Bal Harbour Village Ordinance 2023-653 VER: 7
5 Use of state certified flaclaers or off -duty police officers. Off -duty police officers
will be required for the following activities: a complete street closure or concrete
pour lasting more than one hour, when cranes are delivered and set-up and when
they are being removed from the construction site, and any other activity as may
be required by the village manager or designee. Certified flag, ergs may be used
for normal deliveries and brief single lane closures.
6 Location and detail for construction fencing with visual/dust barrier.
7 Location and detail for construction si - ns which must display an emergency
contact and conform to Chapter 15 the Village sicin code.
8 Temporary construction trailer, with approval required by the village manage
or designee, provided that:
a The location of any trailer provides for safe and efficient completion of
the project with minimal disruption to existing residents businessesparking or
traffic flows and to ensure that public services and facilities are available.
b. No more than one trailer is permitted per Construction Site fora Single
Family dwelling. The number of trailers permitted for other construction shall be
as approved by the Building Official.
c No trailer may exceed one story, or exceed 12 feet in height above grade.
d. No trailer may exceed 530 square feet in size.
e. The location of the trailer shall be approved by the village manager or
desi nee to minimize the im2_act on neighboring properties.
f The trailer and all related temporary facilities shall be removed from the
Construction Site prior to the issuance of a certificate of occupancy.
a. Construction trailers are permitted to be located on a neighboring
staging area if proof is submitted that the property owner agrees to its proposed
location.
9 Proposed use of right-of-way.
10 Provision for pedestrian safet•,, and. pedestrian paths.
Bal Harbour Village Ordinance 2023-653 VER: 7 10
(11) Location of construction dumpsters and temporary bathroom facilities, as
approved bby the village manager or designee.
(12) Any other issues which may uniquely relate to a_particular Construction Site.
The construction staging plan shall be presented in the form of site plans location
maps, critical path diagrams, and explanatory commentary. The building
department will coordinate the review of the construction staging Ian with the
public works department, village engineer, police department, building official
village planner, code compliance department and village manager's office. No
permit shall be issued on a construction project which requires a construction
stacting plan until such plan has been approved by all the appropriate
departments. A re -construction meeting may be required by the building official.
(d) Job site maintenance. The owner, occupant or user of a Construction Site shall
complete job site maintenance, on a daily basis, prior to the conclusion of each
da 's work. Daily iob site maintenance shall include the following:
(1) Sweeping of public roadways which are directly affected by Construction Site
dust, debris or activities.
2 Pick up and disposal of litter at or generated by the Construction Site.
(3) Washing down of any street si ns or i.-ublic facilities which are impacted b
dust or debris from the construction activity.
(4) Stacking of construction materials in a manner which assures that the materials
and the material packaginc shall not fall or be transported into any canals
drainage facilities or other water bodies in the vicinity of adiacent to the
Construction Site.
(5) Watering of exposed loose earth at the site so as to minimize off -site transport
of particulate matter.
(6) Compliance with additional job site maintenance components which are
described in an applicable construction staging plan for the Construction Site.
e Job site security. The owner, occupant or user of a construction site shall Secure
the Construction Site from unauthorized access between the hours of 5:30 p.m.
and 8.30 a.m. of the next day by the use of a locked fence or security or both,
assuming construction activities are occurring during the day. In the event that a
Bal Harbour Village Ordinance 2023-653 VER: 7 11
tropical storm watch or hurricane watch is issued, the owner, occupant or user of
a Construction Site shall comply with the requirements of section 8-16 of the
Miami -Dade County Code bytaking all steps necessar to securethe construction
site, including removal or securing of objects that could become hazardous or
loose.
f Parking. Motor vehicles which are used by construction workers and others
involved in the construction at the site for the purpose of commuting to and from
the Construction ajig. shall not be parked off of the Construction Site except in an
area or location which shall be first approved in writing by the village manager or
designee. Parking areas within the Construction Site are to be properly screened
from public view and shall not be detrimental to the surrounding neighborhood.
The village's approval shall be based on assuring that: streets or righ—ts-of-way are
not blocked: adequate parking remains for existing residences and businesses:
and any impact to public parking resources is mitigated.
[g] Public right-of-way. Any construction vehicles _ or equipment involved in
construction at a Construction Site which block a public roadway or right -of -way -
shall require a village right-of-way use permit and approval, with appropriate
conditions as issued by the village mana er or designee, 72 hours in advance of
any such activities which impact a public right-of-
(h) Enforcement. Failure to abide by the provisions of this section shall constitute
a violation of the Code. Any owner, occupant or user of a_construction site who
fails to correct a violation of this section, after being given notice by the Village
shall be subject to code enforcement as provided in Chapter 2. Article V of the
Code.
Section 3. Severabili . That the provisions of this Ordinance are
declared to be severable and if any section, sentence, clause or phrase of this
Ordinance shall for any reason be held to be invalid or unconstitutional, such
decision shall not affect the validity of the remaining sections, sentences, clauses,
and phrases of this Ordinance but they shall remain in effect, it being the legislative
intent that this Ordinance shall stand notwithstanding the invalidity of any part.
Section 4. Inclusion in the Code. That it is the intention of the Village
Council, and it is hereby ordained that this Ordinance shall become and be made a
part of the Bal Harbour Village Code; that the sections of this Ordinance may be
Bal Harbour Village Ordinance 2023-653 VER: 7 12
renumbered or relettered to accomplish such intention; and that the word
"Ordinance" shall be changed to "Section" or other appropriate word.
Section 5. Conflict. That all Sections or parts of Sections of the Code of
Ordinances, all ordinances or parts of ordinances, and all resolutions, or parts of
resolutions, in conflict with this Ordinance are repealed to the extent of such
conflict.
Section 6. Effective Date. That this Ordinance shall be effective
immediately upon adoption on second reading for any demolition permit initially
issued following adoption.
PASSED AND ADOPTED on first reading this 19th day of September, 2023.
PASSED AND ADOPTED on second reading this 17th day of October, 2023.
Op'
i BA
HARBOUR
„E oa
Jeffrey P. Freimark
ATTEST:
227af:� -�
Dwight kba nie ill ge Clerk
APPROVED O FORM AND LEGAL SUFFICIENCY:
Village tto ey
Weiss Serota Helfman Cole & Bierman P.L.
Bal Harbour Village Ordinance 2023-653 VER: 7 13