HomeMy Public PortalAbout2001-10 Implementing Exemption from Noise Regulations for Village Civic Center ProjectRESOLUTION NO. 2001-10
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, IMPLEMENTING
EXEMPTION FROM NOISE REGULATIONS FOR VILLAGE
CIVIC CENTER PROJECT OF THE VILLAGE OF KEY
BISCAYNE PURSUANT TO SECTION 17-5(B)(2) OF
CHAPTER 17 "NOISE" OF THE VILLAGE CODE;
PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the Village Council desires to implement a limited exemption from noise
regulations for the Village's Civic Center Project (the Project includes Community Center;
Administration/Police Station; Fire Station; Council Chamber/Community Theater; Parking Garage;
and associated infrastructure), as authorized by Section 17-5(b)(2) 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, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1.
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 a.m. to 7 p.m. Loud or excessive noise during
hours not listed in this subsection 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's building official.
4. The construction of the Project complies with building permit conditions.
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.
PASSED AND ADOPTED this 23rd day of January , 2001.
MAYOR JOE I. RASCO
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HITA H. ALVARFZ, CMC, VILLAGE CL
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
RICHARD JAY WEISS, VILLAGE ATTORNEY