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HomeMy Public PortalAbout2012-01 Amending Chapter 8 Environment to create Soil Erosion Fugitive Dust and Sediment ControlORDINANCE NO. 2012-1 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 8 "ENVIRONMENT" TO CREATE ARTICLE VIII "SOIL EROSION, FUGITIVE DUST AND SEDIMENT CONTROL" TO PROVIDE FOR SOIL EROSION AND SEDIMENT POLLUTANT MANAGEMENT AND CONTROL REGULATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, under the National Pollutant Discharge Elimination System (NPDES) program, all municipal, industrial and commercial facilities that discharge wastewater directly from a point source (a discrete conveyance such as a pipe, ditch or channel) into a receiving waterbody (lake, river, ocean) are issued an NPDES permit; and WHEREAS, in compliance with the renewed MS4 Phase I NPDES permit issued to the Village of Key Biscayne (the "Village"), the Village is required to adopt additional standards and regulations regarding water quality, including standards to provide for erosion, fugitive dust and sediment control; and WHEREAS, the Village Council hereby finds and declares that adoption of this Ordinance is necessary, appropriate, and advances the public interest. NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Recitals. The preceding "Whereas" clauses are ratified and incorporated as the legislative intent of this Ordinance. Section 2. Village Code Amended. The Village Council hereby creates Article VIII "Soil Erosion, Fugitive Dust and Sediment Control," of Chapter 8 "Environment" as follows:' Article VIII. Soil Erosion, Fugitive Dust and Sediment Control. Sec. 8-423. Purpose and intent. (a) Land dDisturbing aActivities can cause excessive runoff and accelerate the process of soil erosion, resulting in the damage and loss of natural resources, including the degradation of water quality. (b) In addition, emissions of particulate matter during construction and demolition, including but not limited to incidents caused by vehicular movement, transportation of materials, construction, alteration, demolition or wrecking of buildings or structures, or the stockpiling of particulate substances, may trespass on neighboring properties and degrade air quality. (c) The Village finds that: (1) Excessive quantities of soil may erode from areas undergoing development due to +Land dDisturbing $Activity. (2) Soil erosion can result in the degradation of valuable shoreline resources, such as dDunes and lagoonal shoreline communities. (3) Sediment from soil erosion can clog storm sewers and swales, and silt navigational channels. (4) Sediment and Sediment-rRelated pPollutants degrade wetland systems, resulting in the destruction of aquatic life and degradation of water quality. 1 Revisions following first reading of the Ordinance are shown as follows: additions are indicated by highlighted underlined text, and deletions are indicated by highlighted underlined and text. 2 (5) Airborne sSediments can constitute a nuisance for adjacent property owners, and degrade the quality of the air. Sec. 8-424. Purpose. The purpose of this article is to safeguard persons, protect property, prevent damage to the environment, and promote the public welfare by guiding, regulating and controlling the design, construction, use and maintenance of any development or other activity which disturbs or otherwise results in the movement on earth of land situated in the '"Village. Sec. 8-425. Defmitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Director means the Village Manager or designee. Dune means a hill or ridge of windblown sand and marine deposits formed by action of the wind and water, often stabilized by vegetation indigenous to this formation. Erosion and sediment control plan means a plan for the control of soil erosion, sedimentation of waters and sSediment-rRelated pPollutants, and stormwater runoff resulting from +Land dDisturbing aActivity. monitoring i cpurts, as dccmcd necessary, to dctci mint whcthcr the rncasures rcquircd by the gr 1 y rcaeniilg an avciage maximum ncign of not more than 24 ii1chcs at maturity. 3 Land disturbing activity means any land change that may result in soil erosion from water or wind and the movement of sSediments and sSediment rRelated pPollutants in waters, including but not limited to clearing, grading, excavating, transporting and filling of land, and tree removals. Sediment means the mineral or organic particulate material that is in suspension or has settled in sSurface wWaters or groundwaters. Sediment related pollutants means substances such as nutrients, pesticides, pathogens, and organic materials that are transmitted with, or in association with, sSediment. Surface water means water above the surface of the ground whether or not flowing through definite channels. ul Wetlands means those lands defined by P.S. § 373.019(25) as wetlands, as may be amended. Sec. 8-426. Erosion and sediment control plan and standards. No person may shall engage in +Land dDisturbing aActivity until an Erosion and Sediment Control pPlan has been submitted for erosion and scdimcnt control and the plan has been approved by the dDirector. The Erosion and Sediment Control Plan shall comply with the erosion control standards provided in this article the latest edition of the Florida Stormwater Erosion and Sediment Control Inspector's Manual published by the Florida Department of Environmental Protection Nonpoint Source Management Section shall be incorporated as determined to be applicable by the Director at the time of permit application ' . The Director shall require the party responsible for carrying out the Erosion and Sediment Control Plan to submit monitoring 4 reports, as deemed necessary, to determine whether the measures required by the approved Erosion and Sediment Control Plan are being properly performed. (a) No land disturbing activity during periods of construction or improvcmcnt to land shall bc (b) The angle for graded slopes and fills shall not be greater than the angle that can bc retained by Slopcs left exposed will, within tcn working days of completion of any phase of grading, be planted or otherwise provided with ground cover, devices or structures sufficient to restrain erosion. (c) Croundcover sufficient to icstram erosion must be planted or otherwise provided on portions of cleared land upon which furthcr construction activity is not being undertaken within. 15 days of clearing: (d) Vegetative cover of other erosion conti of devices or structures used to meethesc requirements shall bc properly maintained during and after construction. (c) Temporary seeding or sodding, adcquatc covering, or chemical application shall bc used on exposed soils, including stockpiles of topsoil, and or other construction fill, where delays in 5 Sec. 8-428-427. Exemptions. Minor stand dDisturbing aActivityies, such as home gardens and individual home landscaping, repairs, maintenance work, and other related activities, shall be exempt from the requirements of this article, provided that such activities do not contribute to any on -site generated erosion, or degradation of lands or water beyond the boundaries of the property involved. Sec. 8-429-428. Enforcement. (a) Injunctive relief Any violation of any provision of this article, or of any regulation or order issued hereunder, shall be subject to injunctive relief if necessary to protect the public health, safety or general welfare. (b) Continuing violation. A person shall be deemed guilty of a separate violation for cach day hereunder. f ej (a) Enforcement actions. The (Director may shall take all actions necessary, including the issuance of notices and violations, the filing of court actions, and/or referral of the matter to the board of special magistrates in accordance with Article III of Chapter 2 of this code, to require fines and enforce compliance with the provisions of this article and with any regulation or permit issued hereunder. (d) (b) Stop work orders. In addition to other remedies for violation as provided in this section, violation of this article shall constitute grounds for the issuance of a stop work order by the building official in accordance with the provisions of the building code. 6 VILLAGE ATTORNEY Section 3. Severability. 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. Conflicts. All ordinances or parts of ordinances, resolution or parts of resolutions, in conflict herewith, are repealed to the extent of such conflict. Section 5. Effective Date. This Ordinance shall become effective immediately upon adoption on second reading PASSED AND ADOPTED on first reading this 7th day of February , 2012. PASSED AND ADOPTED on second reading this 28th day of February , 2012. ATT CONCHITA H. ALVAREZ, MMC, VILLAGE C APPROVED AS TO FORM AND LEGAL SUFFIC 7 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared MARIA MESA, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE ORDINANCES MEETING - FEB. 28, 2012 in the XXXX Court, was published in said newspaper in the issues of 02/16/2012 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor •romised any person, firm or corporation any discount e, comml ion or refund for the purpose of = - . r :this adve �= .e._ - - • cation in the said 16 day of FEBRUARY , A.D. 2012 o and subscribed before me this (SEAL) MARIA MESA personally known to me v� oR'' �4e( Notary Public State of Florida Cheryl H Mariner My Commission 00793490 „ y ,-� Expires 07/18/2012 VILLAGE OF KEY BISCAYNE OFFICE OF THE VILLAGE CLERK PUBLIC NOTICE Notice is hereby given that the following ordinances will be considered on Second Reading by the Village Council of the Village of Key Biscayne at a meeting to be held on Tuesday, February 28, 2012 at 7:00 p.m., in the Council Chamber, located at 560 Crandon Boulevard; Key Biscayne, Florida: AN ORDINANCE OF THE VILLAGE OF KEYBISCAYNE, FLORIDA, AMENDING- CHAPTER 8 "ENVIRONMENT"'tcetftEATE ARTICLE VIII "SOIL EROSION, FUGITIVE DUST AND SEDIMENT' CONTROL" TO PROVIDE FOR SOIL EROSION AND SEDIMENT POLLUTANT MANAGEMENT AND CONTROL REGULATIONS;, PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; -AND; PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE,OF THE VILLAGE'OF KEY, BISCAYNE, FLORIDA, AMENDING'CCHAPTER 8 "ENVIRONMENT"" TO£ CREATE ARTICLE VII "STORM1,iItATEFI C9NT OI ";`i ORDER TO PROVIDE FOR STORMWAT _ R N ANAGEMEN rr1=LATIONS;' PROVIDING FOR SEVERABILI�" ;, PROVIbII G F S1 ONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The proposed Ordinapces may be inspected by the public at the Office of the Village Clerk,: interested parties may appear at the' Public Hearing and be heard with'5respect,T to the proposed Ordinances.- Any person wishing to address tha,Village Council"on any itern at this Public Hearing is asked to register with theVillage Clerk prior to that item being heard. In accordance'witb the ,Americans With Disabilities Act of 1990, all persons who':are 'disabled and who need special accommodations to participate in this proceeding because of that disability should contact the Office ofal e.Village Clerk, 88 West McIntyre Street, Suite 220, Key Biscayne; Florida 331,491 -telephone number (305)_ 365-5506, not later than two business days prior to such proceeding. Should any"Orson desire to appeal any decision of the Village Council with respect-: any. matter to be considered at this meeting, that person shall insure that a verbatim record of the proceedings is made including al1,1astirponyt and evidence upon which any appeal may be based (F.S..286.(t1:0'6). Comments., f. any interested party relative to this matter may be sub r ittted my riling and or presented in person at the public hearing. Conchita H. Alvarez, MMC Village Clerk - - -4440- 2/16 12-4-231/1;8a5602M.