HomeMy Public PortalAbout2003-43 Amending Resolution 2003-38 re_ _Noise Regulations_RESOLUTION NO. 2003-43
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING
RESOLUTION 2003-28 WHICH HAD REVISED THE
EXEMPTION FROM NOISE REGULATIONS FOR THE
VILLAGE'S CIVIC CENTER PROJECT PURSUANT TO
SECTION 17-5(B)(2) OF CHAPTER 17 "NOISE" OF THE
VILLAGE CODE; SO AS TO MODIFY THE CONDITIONS OF
SUCH EXEMPTION FOR THE CONSTRUCTION OF THE
FIRST AND SECOND LEVELS OF THE CONCRETE
SUPERSTRUCTURE OF THE COMMUNITY CENTER;
PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the Village Council desires to revise the provisions of Resolution No. 2003-28,
which had previously revised the limited exemption from noise regulations for the Village's Civic
Center Project as authorized by Section 17-5(b)(2) of the Village Code, as provided herein; and
WHEREAS, the Village Council has held a public hearing prior to the adoption of this
Resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. That Section 1 of Resolution No. 2003-28, is hereby amended to read as follows:'
A. Exemption. That pursuant to Section 17-5(b)(2) of the Village Code, the regulations
of Chapter 17 "Noise" of the Village Code shall not be applicable to or enforced against the Village
Civic Center Project (the "Project") from the date of issuance of the notice to proceed for any
component of the Project until the completion and final acceptance of the entire 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 for the Project is permitted on
Saturdays between 9:00 a.m. and 7:00 p.m. and Monday through Friday
between the hours of 7:00 a.m. to 7:00 p.m. Loud or excessive noise
during hours not listed in this subsection is prohibited.
1
/ Underlined text indicates addition to provisions of Section 1 of Resolution No. 2003-28.
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's building official.
4. The construction of the Project complies with building permit conditions.
The conditions provided above in paragraphs 1-4, inclusive, shall not be applicable to the pouring and
installation of the concrete for the basement level or to the construction of the concrete superstructure for
the first and second levels of the Community Center component of the Project.
B. Revocation of Exemption. The exemption shall be revoked by the Village Manager,
after five days notice and an opportunity to be heard is provided to the 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 of non-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.
Section 2. Effective Date. That this Resolution shall be effective immediately from and
after adoption hereof and shall serve to amend Resolution No. 2003-28 as indicated hereinabove.
PASSED AND ADOPTED this 10th day of December, 2003.
1
CONC ITA H. ALVAREZ, CMC, VILLAGE CLE
APPROVED AS T • ORM AND LEGAL SUFFICI
VILLAGE A 0
103001\resolutions\new version .u.: ceding noise resolution no. 2003-28
(.......------1..
MAYOR ROBERT OLDAKOWSKI
2