HomeMy Public PortalAbout2000-36 Implementing exemption from noise regulations for public improvements projects of the VKBRESOLUTION NO. 2000-36
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, IMPLEMENTING
EXEMPTION FROM NOISE REGULATIONS FOR PUBLIC
IMPROVEMENT PROJECTS 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 conditional exemption from noise
regulations for the 2000 beach renourishment project, 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 public
improvement projects of the Village of Key Biscayne (the "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 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.
2. The construction of the Project complies with building permit conditions
and any environmental regulatory 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 fails to promptly 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 11th day of July , 2000.
MAYOR JOE I. RASCO
CONCHITA H. ALVAREZ, CMC, VILLAGE CLE
APPROVED AS TO FORM AND LEGAL SUFFICIEN
(k4'i/yiN
RICHARD JAY WEISS, VILLAGE ATTORNEY
10300 Rresolutions\exemption from noise regulations for public improvement projects
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