HomeMy Public PortalAbout2004-26 Implementing Noise Regulations for School Improvement to the KB Middle SchoolRESOLUTION NO. 2004-26
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, IMPLEMENTING
EXEMPTION FROM NOISE REGULATIONS FOR SCHOOL
IMPROVEMENT PROJECT OF THE SCHOOL BOARD OF
MIAMI-DADE COUNTY CONSISTING OF AN ADDITION TO
THE KEY BISCAYNE MIDDLE SCHOOL PURSUANT TO
SECTION 17-5(b)(3) OF CHAPTER 17 "NOISE" OF THE
VILLAGE CODE; AND PROVIDING FOR EFFECTIVE
DATE.
WHEREAS, the Village Council of the Village of Key Biscayne desires to implement a
limited exemption from noise regulations for a school improvement construction project (the
"Project") of the School Board of Miami -Dade County (the "School Board"), which consists of an
addition to the Key Biscayne Middle School, as authorized by Section 17-5(b)(3) of the Village
Code, subject to the conditions provided herein; and
WHEREAS, the Village Council has held a public hearing prior to the adoption of this
resolution.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL
OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That each of the recitals stated above is hereby adopted
and confirmed.
Section 2.
A. Exemption. That pursuant to Section 17-5(b)(3) of the Village Code, the
regulations of Chapter 17 "Noise" of the Village Code shall not be applicable to or enforced against
the above described Project from the date of issuance of the notice to proceed for the Project until
the completion and final acceptance of the Project, subject to compliance with each of the following
conditions:
1. Construction activities are not permitted on Sundays or holidays.
2. The creation of loud or excessive noise by the Project is permitted on Saturdays
between 9:00 a.m. and 5:30 p.m., and on Monday through Friday between the hours of 7:00 a.m. to
5:30 p.m. Loud or excessive noise during hours not listed in this subparagraph is prohibited.
3. Construction activities for the Project are conducted in a manner which mitigates any
adverse impact of noise upon properties adjacent to the area of construction in compliance with any
noise mitigation measures required by the Village Manager.
4. Active construction with an active full crew shall occur until 5:30 p.m. (Or dusk) on
each weekday during the entire course of construction.
B. Revocation of Exemption. The exemption shall be revoked by the Village Manager
after five (5) days notice and an opportunity to be heard is provided to the School Board and to the
School Board's contractor for the Project, if:
1. The Project contractor fails to comply with the conditions set forth in (A)
above or promptly fails to abate any incident ofnon-compliance as directed by the Village Manager;
or
2. The Village Manager finds that the construction activities may tend to create
a nuisance by unreasonably disturbing the occupants of other premises, if the exemption is
continued.
C. Violation. Any violation of the conditions of this Resolution shall cause a waiver
of the exemption provided by this Resolution and shall constitute a violation of Chapter 17 of the
Village Code.
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Section 3. Effective Date. That this Resolution shall be effective immediately from and
after adoption hereof.
PASSED AND ADOPTED this 22nd day of June, 2004.
7WC1utt
MAYOR ROBERT OLDAKOWSKI
at,
' CONCHITA H. ALVAREZ, CMC, VILLAGE CLE
APPROVED AS 0 FORM AND LEGAL SUFFIC
VILLAGE A TO
103.001/Resolutions/Noise Exemption 5.12.04
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