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HomeMy Public PortalAbout1993 AllORDINANCE NO 93-21 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $9,500,000 OF LAND ACQUISITION REVENUE BONDS OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING FOR A SUPPLEMENTAL RESOLUTION SETTING FORTH THE DETAILS OF SAID BONDS, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Village Council (the "Council") of the Village of Key Biscayne, Florida (The "Village") desires to authorize the issuance of not exceeding $9,500,000 Land Acquisition Revenue Bonds (the "Bonds") for the purpose of acquiring and improving certain undeveloped real property, commonly known as the "Tree Farm property", located in the Village for Village purposes, and paying costs of issuance of the Bonds, and WHEREAS, the Council desires that the Bonds be secured by certain available revenues of the Village, to be determined by subsequent resolution of the Council, NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 In accordance with the provisions of the Charter of the Village of Key Biscayne, Florida and Chapter 166, Florida Statutes, there are hereby authorized to be issued Land Acquisition Revenue Bonds of the Village, in one or more series, in an aggregate principal amount not to exceed Nine Million Five Hundred Thousand Dollars ($9,500,000) for the purpose of acquiring and improving the "Tree Farm property" located in the Village for Village purposes, and paying costs of issuance of the Bonds The Bonds shall be designated "Village of Key Biscayne, Florida Land Acquisition Revenue Bonds, Series " (inserting a year or letter or both to identify the particular series), or such other designation as may be approved by supplemental resolution, shall be dated such date, shall be in such denominations, shall be stated to mature in such year or years not later that twenty (20) years from their date of issuance, shall bear interest from their dated date at a rate or rates not exceeding the maximum rate permitted by law at the time of issuance of the Bonds, shall be subject to redemption at the option of the Village at such times and prices, and shall have such other details, all as shall hereafter be determined by the Council by supplemental resolution ORDINANCE NO 93-20 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING ORDINANCE NO 93-6 CHANGING THE NAME OF THE COMMUNITY DEVELOPMENT DEPARTMENT TO BUILDING, ZONING AND PLANNING DEPARTMENT, PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND THE EFFECTIVE DATE WHEREAS, pursuant to Ord,.rance 93-6 various departments were created and ramed within the Village, and WHEREAS, this Council wants to change the name of the "Community Development Department" to the "Building, Zoning and Plannurg Department" in order to more clearly identify the purposes and duties of that aepartment, NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS' Sec 1 Section 1 of Ordinance 93-6 of the Village of Key Biscayne is hereby amended to read as follows Section 1 Creates The following departments within the Village of Key Biscayne are hereby created CQaunity Development Department, Buiid,ing,Zoning and Planning Department; 2 Economic Development Department, 3 Finance and Administrative Services Department, 4 Recreation Department, 5 Emergency Services Department, and 6 Public Works Department Highlighted text has been added to existing language, struck through tcxt has been deleted from existing language Sec 2 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 u.n effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part Sec 3 Inclusion it the Code It is the intention of the Village Council, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances, Village of Key Biscayne, that the sections of this Ordinance may be renumbered or relettered to accomplish such intention, and that the word "Ordinance" may be changed to "Section" or other appropriate word Sec 4 Effective Date This Ordinance shall be effective upon adoption on second reading PASSED AND ADOPTED on first reading this 9th day of November , 1993 PASSED AND ADOPTED on second reading this 23rd day of November , 1993 ATTEST 0 FESTA, MAYOR Village Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY "'r Ri and Jay Weiss, Village Attorney MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday Sunday and Legal Holidays Miami Dade County Florida STATE OF FLORIDA COUNTY OF DADE Before the undersigned authority personally appeared Octelma V Ferbeyre who on oath says that she is the Super visor Legal Notices of the Miami Daily Business Review flk/a Miami Review a daily (except Saturday Sunday and Legal Holidays) newspaper published at Miami In Dade County Florida that the attached copy of advertisement being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE MEETING NOVEMBER 23, 1993 RE AMENDING ORDINANCE NO 93-6, etc the was published In said newspaper in the issues of X X X November 12, 1993 Court Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Dade County Florida and that the said newspaper has heretofore been continuously published in said 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 Dade County Florida for a period of one year next preceding the first publication of the attached copy of advertisement* and affiant f - - ays that she has neither paid nor promised any • n fi or corporation any di • unt rebate comma - on • refun • for the purpose of uri ,• this advertis - t f publi ation in the said n Sworn to and subscribed before me this 12 day of (SEAL) Octelma V November VP 93 NS) Ferbeyre personally knovielp 1r / o FLO*` OFY!CIAL NOTARY SEAL, CIIRRYL H MA MGR COMMLScION NO CC191642 MY COMMISSION CsXP APR. 12 19% 1 VILLAGE OF KEY BISCAYNE PUBLIC NOTICE Notice is hereby given that the following ordinance will be con sidered on Second Reading by the Key Biscayne Village Council at a meeting to be held on Tuesday November 23, 1993, at 7.00 p m in the Council Chamber at 85 West McIntyre Street, Second Floor Key Biscayne Florida. AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE FLORIDA AMENDING ORDINANCE NO 934 CHANGING THE NAME OF THE COMMUNITY DEVELOPMENT DEPARTMENT TO BUILDING ZONING AND PLANNING DEPARTMENT PROVIDING FOR SEVERABILITY "INCLU- SION IN THE CODE AND AN EFFECTIVE DATE. Interested parties are invited to appear and be heard Copies of the proposed ordinance may be obtained at Village Hail Office of the Village Clerk, 85 West McIntyre Street Key Biscayne Florida 33149 Should any person desire to appeal any decision of the Village Council with respect to any matter to be considered at this meet ing that person shall insure that a verbatim record of the proceed- ings is made including all testimony and evidence upon which any appeal may be based (F S 286 0105) Guido H Inguanzo, Jr Village Clerk 11/12 93-4-111206M ORDINANCE NO 93-19 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ESTABLISHING THE REGULATIONS BY WHICH THE VILLAGE SHALL REGULATE BASIC TIER CABLE RATES, AUTHORIZING THE FILING OF COMPLAINTS WITH THE FEDERAL COMMUNICATIONS COMMISSION FOR OTHER TIERS OF SERVICE, AUTHORIZING ENFORCEMENT OF FEDERAL CABLE TELEVISION CUSTOMER SERVICE OBLIGATION RULES WITHIN THE VILLAGE, ESTABLISHING RECOGNITION OF AND COMPLIANCE WITH ALL REGULATIONS CURRENTLY OR HEREAFTER ESTABLISHED BY THE FEDERAL COMMUNICATIONS COMMISSION, AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE WHEREAS, the Cable Television Consumer Protection and Competition Act (the "Act") was enacted in October 1992 and sets forth basic minimum requirements with respect to cable television services and rates, and WHEREAS, the Federal Communications Commission (the "FCC") has promulgated regulations for the purpose of interpreting and enforcing the provisions of the Act, and 11HEREAS, pursuant to such regulations, local franchising authorities are authorized to regulate the rates charged by cable television system operators for basic tier cable service and related equipment, and WHEREAS, pursuant to such regulations, local franchising authorities are authorized to regulate and enforce customer service requirements established by the Act, and JHEREAS, the FCC standards regarding customer service do not supersede any stricter customer service standards that may currently be in effect within the Village by virtue of existing franchises or state or local law, and WHEREAS, the Act permits local franchising authorities to file complaints with the FCC with respect to other tiers of cable television service, and WHEREAS, the Village desires to regulate basic cable television rates, and WHEREAS, the Village desires to authorize the filing of complaints with the FCC for other tiers of cable television service, NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS Section 1 The Village Manager is hereby authorized to file complaints with the FCC with respect to other tiers of cable television service that may exceed the FCC's cable rate benchmarks Section 2 The Village shall implement enforcement of FCC cable television customer service obligations as set for in the Act and accompanying federal regulations Section 3 Enforcement of FCC cable television customer service obligations shall not relieve any cable television system operator of any obligation or duty imposed by state or local law or ordinance or imposed in any cable television franchise, agreement or license Section 4 The Village may impose, by subsequent ordinance, specific enforcement mechanisms and penalties for violation of the FCC cable television customer service obligations Section 5 Except as provided herein or otherwise permitted by law, the Village recognizes and agrees to follow any regulations promulgated by the FCC in connection with the Act Section 6 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 7 Inclusion in the Code It is the intention of the Village, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the Village of Key Biscayne, that the sections of this Ordinance may be renumbered or relettered to accomplish such intention, that the word "Ordinance" may be changed to "Section" or other appropriate word, and all ordinances, resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict Section 8 Effective Date This Ordinance will become effective immediately upon adoption on second reading PASSED and ADOPTED on first reading this 12th day of October , 1993 PASSED and ADOPTED on second reading this October , 1993 ATTEST / 26th day 0 RAFAEL H ONTE, MAYOR VILLAGE CLERK APPROVED AS TO LEGAL FORM AND SUFFICIENCY qm/12/r04/...i IV LAGE ATTORN EY f MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday Sunday and Legal Holidays Miami Dade County Florida STATE OF FLORIDA COUNTY OF DADE Before the undersigned authority personally appeared Octelma V Ferbeyre who on oath says that she is the Super visor 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 Dade County Florida that the attached copy of advertisement being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE SECOND READING OF ORDINANCES ON OCTOBER 26, 1993 X X X the Court Mas published in said newspaper in the issues of October 15, 1993 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Dade County Florida and that the said newspaper has heretofore been continuously published in said 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 Dade County Florida for a penod of one year next preceding the first publication of the attached copy of advertisement and affiant further says that she has neither paid nor promised any person or corporation any discount rebate commisst'oe pr refu for the purpose of securing this advertiseolePet }6r pubi ation in the said new;paper,^ s� 15 day of Sworn to and subscribed before me this October (SEAL) Octelma V Ferbeyre person AD 19 93 I ICIAL t\ &•cY L. 1 4GVi F PENA 4W6Vicitt8TrALIC S I- 7E Or FLCRID A' CU'�e,.SS►©N NO CC 17:'108 I V r CO , I SIC' El P ig\ 6 19(5 1 VILLAGE OF KEY BISCAYNE PUBLIC NOTICE Notice is hereby given that the following ordinances will be considered on Second Reading by the Key Biscayne Village Coun cil at a meeting to be held on Tuesday October 26 1993 at 7 00 p m in the Council Chamber at 85 West McIntyre Street Second Floor Key Biscayne Florida AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE FLORIDA AMENDING THE 1992 1993 VILLAGE BUDGET AS PROVIDED FOR ON EXHIBIT A PROVIDING FOR AN EFFECTIVE DATE AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE FLORIDA PROHIBITING THE OPERATION OF VESSELS IN DESIGNATED AREAS PROVIDING FOR DEFINITIONS PROVIDING FOR ENFORCEMENT PROVIDING FOR PEN ALTIES PROVIDING FOR SEVERABILITY INCLUSION IN THE CODE AND AN EFFECTIVE DATE AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE FLORIDA ESTABLISHING THE REGULATIONS BY WHICH THE VILLAGE SHALL REGULATE BASIC TIER RATES AUTHORIZING THE FILING OF COMPLAINTS WITH THE FEDERAL COMMUNICATIONS COMMISSION FOR OTHER TIERS OF SERVICE AUTHORIZING THE ENFORCEMENT OF FEDERAL CABLE TELEVISION CUSTOMER SERVICE OBLIGATION RULES WITHIN THE VILLAGE ESTABLISHING RECOGNITION OF AND COMPLIANCE WITH ALL REGULATIONS CURRENTLY OR HEREAFTER ESTABLISHED BY THE FEDERAL COMMUNICATIONS COMMISSION AND PROVIDING FOR SEVERABILITY INCLUSION IN THE CODE AND AN EFFECTIVE DATE Interested parties are invited to appear and be heard Copies of the proposed ordinances may be obtained at Village Hall Office of the Village Clerk 85 West McIntyre Street Key Biscayne Florida 33149 Should any person desire to appeal any decision of the Vtllage Council with respect to any matter to be considered at this meet ing that person shall insure that a verbatim record of the pro ceedings is made including all testimony and evidence upon which any appeal may be based (F S 286 0105) Guido H Inguanzo Jr Village Clerk 10/15 93-4101512M ORDINANCE NO 93-18 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA PROHIBITING THE OPERATION OF VESSELS IN DESIGNATED AREAS DEFINITIONS, PROVIDING SEVERABILITY, PROVIDING PENALTIES, INCLUSION EFFECTIVE DATE PROVIDING FOR FOR ENFORCEMENT, PROVIDING FOR IN THE CODE AND AN WHEREAS, this Council wants to restrict vessels in certain areas of the Atlantic Ocean east of the Village in order to protect bathers from possible injury, and JHEREAS, the Village wants to place signs in the water designating no boating zones in order to notify boaters of the restrictions the Village has imposed, and JHEREAS, permits and approvals are required from the State of Florida in order to place necessary signs in the ocean, and WHEREAS, the State of Florida has required the Village to designate by ordinance restricted areas, NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS Section 1 That the Code of the Village of Key Biscayne, Florida is amended by adding a new section which section shall read as follows SECTION Sec 1 Definitions For the purposes of this Ordinance, the following terms, phrases, words and derivations shall have the meaning given herein When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and the words in the singular number include the plural number The word "shall" is always mandatory and not merely directory a "Beach" shall mean the soft sand portion of land lying landward of a seawall or line of permanent vegetation and landward of the mean high water line b "Operate" shall mean to navigate or otherwise use any vessel in, on or under the water c "Person" shall mean any individual, partnership, firm, corporation, association or other entity d "Vessel" shall mean a motor -propelled or artificially -propelled vehicle and every other description of boat, including sailboats, watercraft, barge, and airboat other than a seaplane on the water, used or capable of being used as a means of transportation on water including personal watercraft, a class A-1 and A-2 vessel as defined by state law which uses an outboard motor, or an inboard motor powering a water jet pump, as its primary source of motive power and which is designated to be operated by a person sitting, standing, or kneeling on, or being towed behind the vessel, rather than in the conventional manner of sitting or standing inside the Vessel This term shall not include rafts, floats or floatation devices, whether of canvas, vinyl, rubber, styrofoam or other substance, intended or capable of assisting in the floatation of a person on or in the water Sec 2 Prohibited Water Activity No owner, operator or Person in command of any Vessel shall permit or operate a Vessel within the area of the Atlantic Ocean, 500 feet east of the Beach from the southern boundary of Crandon Park to the northern boundary of Bill Baggs, Cape Florida State Park except as authorized by the Village Manager Sec 3 Enforcement The provisions of this Ordinance shall be enforced by members of all duly authorized law enforcement agencies within the Village Sec 4 Penalties Violation of the provisions of this Ordinance, or failure to comply with any of the requirements, shall constitute a non -criminal infraction Any person who violates this Ordinance or fails to comply with any provisions shall, upon conviction thereof, be fined or imprisoned, or both, as provided by law, and in addition shall pay all costs and expenses involved in the case In the alternative, a citation may be issued pursuant to the procedures set forth in Sections 327 73 and 327 72, Florida Statutes Section 2 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 3 Inclusion in the Code It is the intention of the Village Council, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances, Village of Key Biscayne, that the sections of this Ordinance may be renumbered or relettered to accomplish such intention, and that the word "Ordinance" may be changed to "Section" or other appropriate word Section 4 Effective Date This Ordinance shall be effective upon adoption on second reading PASSED AND ADOPTED on first reading this October , 1993 PASSED AND ADOPTED on second reading this October , 199'1 ATTEST 1 RAFAEL GUIDO INGUANZO, Village Clerk - D- 12th day of 26th day of CONTE, MAYOR APPROVED AS TO FORM AND LEGAL SUFFICIENCY civvvii 414 W Richar Jay eiss, Village Attorney MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday Sunday and Legal Holidays Miami Dade County Florida STATE OF FLORIDA COUNTY OF DADE Before the undersigned authority personally appeared Octelma V Ferbeyre who on oath says that she is the Super visor 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 Dade County Florida that the attached copy of advertisement being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE SECOND READING OF ORDINANCES ON OCTOBER 26, 1993 X X X in the Court ras published in said newspaper in the issues of October 15, 1993 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Dade County Florida and that the said newspaper has heretofore been continuously published in said 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 Dade County Florida for a period of one year next preceding the first publication of the attached copy of advertisement and affiant furt er says that she has neither paid nor promised any ,. on m or corporation any discount rebate commis • r refu • for the purpose of secu • g this advertise/' • r pub/ ation in the said ne Sworn to and subscribed before me this 15 day of '04ICIAL NOT -I -1/4Y SEAL (SEAL) �� AGN! F PE -NA (SEAL) Octelma V Ferbeyre person VTr 6 tgU IC STATE OF FLORIDA CO'IM SSTON `O CC 171108 M{1 CC 49'SSIO T El P TAN 6 1996 October AD 19 93 VILLAGE OF KEY SISCAVNfiL, PUBLIC NOTICE Notice is hereby given that the following ordinances will be considered on Second Reading by the Key Biscayne. Vi /age Coun cil at a meeting to be held on Tuesday October 26, 1993,41 7.00 p m in the Council Chamber at 85 West McIntyre Street, Second Floor Key Biscayne Florida AN ORDINANCE OF THE VILLAGE OF ` 1SCAV'NE, 44A GL FLORIDA, AMENDING THE 1992-1993 VI BUDGET AS PROVIDED FOR ON EXHIBIT' A PROVIDING FORAM EFFECTIVE DATE m, AN ORDINANCE OF THE VILLA& 0 FLORIDA PROHIBITING THE 0 IN DESIGNATED AREAS PROVIDING PROVIDING FOR ENFORCEMENT PROVI(SIN A LTI ES PROVIDING FOR SEVERABILITY, 1 THE CODE AND AN EFFECTIVE DATE. ,t,5/4 AN ORDINANCE OF THE VILLAG FLORIDA, ESTABLISHING THE REGU THE VILLAGE SHALL REGULATE BAS AUTHORIZING THE FIUNG OF ♦ + FEDERAL COMMUNICATIONS COMM TIERS OF SERVICE, AUTHORIZINGT i'E OF FEDERAL CABLE TELEVISION CUST • ' OBLIGATION RULES WITHIN. THE itit A ESTABLISHING RECOGNITION OF AND I WITH ALL REGULATIONS CURRENTLY OR ESTABLISHED BY THE FEDERAL COMMUN1GA► COMMISSION AND PROVIDING FOR SEV SICUTY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE Interested parties are Invited to appear and 664Itialifftles of the proposed ordinances may be obtained at VillageIIallt Office of the Village Clerk 85 West McIntyre Street, Key Biscayne, Florida 33149 Should any person desire to appeal any decision of Village Council with espect #e'any matter to be -co *f red ing that person shall insure that a verbatim MOM .ill the pro- ceedings is made including alt testimony and evidence upoq which any appeal may be based (FS -286 Q105). 4E40,? Guido H. Utguan 4 Village Clerk 10/15 StaBf5UM ORDINANCE NO 93-17 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE 1992-1993 VILLAGE BUDGET AS PROVIDED FOR ON EXHIBIT "A", PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the 1992-1993 Village budget was adopted pursuant to the Village Charter and based upon estimates of revenues and expenses in various categories, and WHEREAS, as a result of operations during the fiscal year 1992- 1993, certain changes are necessary _n various categories, NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS Section 1 Budget Amendments Approved and Adopted The of the Village of Key Biscayne for f_scal year 1992-1993 is amended as outlined in Exhibit "A' to this ordinance Section 2 Effective Date This ordinance shall effective upon adoption on second reading PASSED AND ADOPTED on first reading this 12th October, 1993 PASSED AND ADOPTED on second reading this October, 1993 ATTEST,,„, VILLAGE CLERK Budget hereby become day of day of MAYOR RAFAEL CONTE APPROVED AS TO FORM AND LEGAL SUFFICIENCY VILLAGE ATTORNEY MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday Sunday and Legal Holidays Miami Dade County Florida STATE OF FLORIDA COUNTY OF DADE Before the undersigned authority personally appeared Octelma V Ferbeyre who on oath says that she is the Super visor Legal Notices of the Miami Daily Business Review fik/a Miami Review a daily (except Saturday Sunday and Legal Holidays) newspaper published at Miami in Dade County Florida that the attached copy of advertisement being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE SECOND READING OF ORDINANCES ON OCTOBER 26, 1993 X X X 1 the Court was published in said newspaper in the issues of October 15, 1993 Aftiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Dade County Florida and that the said newspaper has heretofore been continuously published in said Dade County Flonda 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 Dade County Florida for a penod ot one year next preceding the first publication of the attached copy of advertisement and affiant furl er says that she has neither paid nor promised any person or corporation any discount rebate commisefoon pr refu for the purpose of securing this advertise - • • r pub► ation in the said newSpaper,- ,- 15 / day of ..e& Sworn to and subscribed before me this October (SEAL) Octelma V Ferbeyre person Q3 A 0 19 -• F IC.IAL 1`O ..Y AG\ E S F PEN \ 4+ tg LXSTr7EOFFCRIDAI CO` I -SCION \C CC 1'''210 V C'C' , ' 55I0 E' P TAO. 6 1951 I VILLAGE OF KEY BISCAYNE PUBLIC NOTICE Notice is hereby given that the following ordinances will be considered on Second Reading by the Key Biscayne Village Coun cil at a meeting to be held on Tuesday October 26 1993 at 7 00 p m in the Council Chamber at 85 West McIntyre Street Second Floor Key Biscayne Flonda AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE FLORIDA AMENDING THE 1992 1993 VILLAGE BUDGET AS PROVIDED FOR ON EXHIBIT A PROVIDING FOR AN EFFECTIVE DATE AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE FLORIDA PROHIBITING THE OPERATION OF VESSELS IN DESIGNATED AREAS PROVIDING FOR DEFINITIONS PROVIDING FOR ENFORCEMENT PROVIDING FOR PEN ALTIES PROVIDING FOR SEVERABILITY INCLUSION IN THE CODE AND AN EFFECTIVE DATE AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE FLORIDA ESTABUSHING THE REGULATIONS BY WHICH THE VILLAGE SHALL REGULATE BASIC TIER RATES AUTHORIZING THE FILING OF COMPLAINTS WITH THE FEDERAL COMMUNICATIONS COMMISSION FOR OTHER TIERS OF SERVICE AUTHORIZING THE ENFORCEMENT OF FEDERAL CABLE TELEVISION CUSTOMER SERVICE OBLIGATION RULES WITHIN THE VILLAGE ESTABLISHING RECOGNITION OF AND COMPLIANCE WITH ALL REGULATIONS CURRENTLY OR HEREAFTER ESTABLISHED BY THE FEDERAL COMMUNICATIONS COMMISSION AND PROVIDING FOR SEVERABILITY INCLUSION IN THE CODE AND AN EFFECTIVE DATE Interested parties are invited to appear and be heard Copies of the proposed ordinances may be obtained at Village Hall Office of the Village Clerk 85 West McIntyre Street Key Biscayne Florida 33149 Should any person desire to appeal any decision of the Village Council with respect to any matter to be considered at this meet ing that person shall insure that a verbatim record of the pro ceedings is made including all testimony and evidence upon which any appeal may be based (F S 286 0105) Guido H Inguanzo Jr Village Clerk 10/15 93-4 101512M ORDINANCE NO 93-16 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ESTABLISHING PROHIBITIONS AGAINST EXCESSIVE NOISE, PROVIDING FOR DEFINITIONS, ESTABLISHING PROHIBITED ACTS, REQUIRING PERMITS FOR SPECIAL EVENTS, PROVIDING FOR EXEMPTIONS, PROVIDING FOR ENFORCEMENT AND PENALTIES FOR VIOLATION, PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS, PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE WHEREAS, Section 8 03 of the Village Charter incorporates all code provisions, ordinances and resolutions contained in the Code of Metropolitan Dade County (the "County Code") on the date of the adoption of the Village Charter, ana WHEREAS, this Council wants to repeal any conflicting provisions of the County Code pertaining to excessive noise, and establish its own definit_ons and prohibitions against excessive noise, as well as enforcement and penalties for violations, and WHEREAS, it is in the public interest of the residents of the Village to regulate excessive noise, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 That the Code of the Village of Key Biscayne is hereby amended by adding a new chapter which shall read as follows CHAPTER NOISE Sec 1 Prohinition It shall be unlawful for any person to make, continue or cause to be made or continued any loud, excessive, unnecessary or unusual noise For purposes of this chapter, the word "noise" shall mean any sound in quant_ties whicr, are or may be potentially harmful or injurious to human health or welfare, or which unnecessarily interferes with the enjoyment of life or property, including outdoor recreation, of a reasonable person with normal sensitivities Sec 2 Definitions The following words, terms and phrases when used in this chapter shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning a Alarm Any fire, burglary, motor vehicle, motorboat or civil defense alarm, whistle or similar stationary emergency signaling device b Construction Any site preparation, assembly, erection, substantial repair, alteration, demolition or similar action, of public or private rights -of -way, structures, utilities or similar property c Emergency Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage demanding immediate attention d Holidays In addition to Sundays, those days declared by the laws of the State to be legal holidays, including New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Thanksgiving Day and Christmas Day e Motor Vehicle A two or more wheel vehicle, or machine, propelled or drawn by mechanical power, gas or diesel, and used on the public roads and highways in the transportation of people or property f Motorboat Any vessel which is propelled or powered ny machinery and which is used or capable of being used as a means of transportation on water Sec 3 Prohibited Acts The following acts are declared to be loud, excessive, unnecessary, or unusual noises in violation of this Chapter a Excessive Noise Any noise which is hazardous to public health, welfare, safety or the quality of life within the limits of the Village or of such character, intensity or duration which disturbs the public peace and welfare b Horns, Signaling Devices, etc The sounding of any horn or signaling device on any Motor Vehicle or Motorboat on any street or place in the Village, except as a danger warning, the creation by means of any such signaling device of any unreasonably loud or harsh sound, and the sounding of any such device for any unnecessary and unreasonable period of time c Radios, Televisions, Phonographs, Musical Instruments, etc The using, operating, playing, or permitting to be played, used or operated any radio, television, phonograph, musical instrument, or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants, or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, Motor Vehicle, Motorboat or area in which such machine or device is operated and who are voluntary listeners thereto The operation of any such radio, television, phonograph, musical instrument or other machine or device between the hours of 11 00 p m and 7 00 a m on weekdays and 12 00 a m and 8 00 a m on weekends and Holidays in such a manner as to be plainly audible at a distance of 100 feet from the building, structure, Motor Vehicle, or Motorboat in which it is located shall be prima facie evidence of a violation of this Chapter d Animals, Birds, etc The owning, possessing or harboring of any animal or bird which causes, between the hours of 11 00 p m and 7 00 a m , frequent or continued noise which is plainly audible at a distance of 100 feet from the building or structure in which the animal or bird is located e Exhausts The discharge into the open air of the exhaust of any engine, stationary internal combustion engine, Motor Vehicle or Motorboat engine, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom f Construction The creation of a loud or excessive noise in connection with the conducting of Construction between the hours of 7 00 p m and 7 00 a m on weekdays and 7 00 p m and 8 00 a m on weekenas and Holidays, except for Emergency work g Firearms or Explosives The use or firing of any explosives, firearms or similar devices, except in an Emergency, or using or firing firecrackers, skyrockets or the like without the prior approval of the Village Manager h Loudspeaker or Sound Amplifier The using or operating of any loudspeaker, loudspeaker system, sound amplifier or other similar device between the hours of 11 00 p m and 7 00 a m on weekdays and 12 00 a m and 8 00 a m on weekends and Holidays, such that the sound therefrom is plainly audible at a distance of 100 feet from the building, structure, Motor Vehicle or Motorboat in which it is located, provided, however, that this shall not apply to any public performance, gathering or parade for which a permit has been obtained from the Village Manager pursuant to Section 4 of this Chapter 1 Loading or Unloading The creation of a loud or excessive noise in connection with the loading, unloading, opening, closing or other handling of boxes, crates, containers, refuse cans or other objects between the hours of 7 00 p m and 7 00 a m on weekdays and 7 00 p m and 8 00 a m on weekends and Holidays 7 Commercial Maintenance Equipment The use of commercial maintenance equipment which creates a loud or excessive noise in connection with the operation of said equipment within 100 feet of any residential area between 7 00 p m and 7 00 a m weekdays and 7 00 p m and 8 00 a m weekends and Holidays k Defect in Motor Vehicle or Motorboat The use of any Motor Vehicle or Motorboat so out of repair, so loaded or in such a manner as to create loud or unnecessary grating, grinding, rattling or other noise 1 Hawkers/Peddlers The shouting and crying of peddlers, hawkers, and vendors which disturbs the peace and quiet of the neighborhood m Schools, Courts, Hospitals, Places of Religious Worship The creation of any excessive noise on any street or place adjacent to any school, court, hospital or place of religious worship, ,chile the same are in use, which unreasonably interferes with the operation of such institution or which disturbs or unduly annoys the persons within such institutions n Aircraft The use of any mechanical loudspeakers or amplifiers in any moving airplane or any other kind of aircraft, over any part of the Village, for advertising or other purposes o Open Air Concerts, Musical Broadcasts, etc The playing, broadcasting or transmitting of music in such a manner as would reasonably be calculated to attract a crowd or cause persons to congregate in or on any open space, lot, yard, park, sidewalk or street, or to permit the same to occur on or from any property owned, leased or occupied by said person(s) without first having obtained a permit to do so as provided in section 4 of this Chapter, except no permit shall be required of any person(s) in order to engage in such activity within the residential property wherein such person(s) resides Sec 4 Permits for Special Events Upon written application to the Village Manager or his or her designee submitted a minimum of ten days prior to an event at which noise levels are expected to violate this Chapter, the prohibitions or hour restrictions contained herein may be modified subject to such conditions as the Village Manager may impose The decision of the Village Manager shall be final and not subject to appeal a Permit application contain the Application Information The for a permit under this section shall following information (1) The name, date of birth, address and telephone number of the person who will be in charge of the activity or event for which a permit is requested, (2) The name of the person or entity seeking the permit, (3) The exact date and time for which the permit is sought, and (4) The exact location of the activity or event for which a permit is requested (5) A description of the activity or event for ,which a permit is requested b Permit Contents, Time Restrictions Permits issued under this section shall specify the date and time during which the activity or event authorized by permit may be conducted No permit shall be issued which encompasses more than one calendar day, or a span of hours in excess of eight hours, nor shall the requested activity or event commence or continue beyond the hour of 11 00 p m in any case c Procedures for Administrative Permits The Village Manager is hereby authorized to promulgate reasonable rules and procedures for the application, issuance and revocation of such permits d Criteria for Permit Issuance, Posting of Bond Issuance of a permit under this section shall be based on a determination by the Village Manager or his or her designee that the activity or event for which a permit is requested does not constitute a threat to public safety, constitute a danger or impediment to the normal flow of traffic, or constitute a potential disturbance of the peace and quiet of persons outside the premises where the activity or event is located The Village Manager or his or her designee may require that a bond be posted in an amount sufficient to secure the costs of cleanup, repair or replacement of damage or destruction of property and shall be subject to forfeiture for purposes of paying any such costs e Person Designated As Being In Charge To Be Present The person designated in the permit application required in this section as being the person in charge of the activity or event for which the permit is sought must remain at the location of said activity or event during the entire time stated in the permit It shall be unlawful and a violation of this section for said designated person in charge to fail to remain in attendance at the location of the activity or event authorized by the permit for the entire time specified in the permit Sec 5 Exemptions The terms and prohibitions of this Chapter shall not be applied to or enforced against a Any Motor Vehicle, Motorboat or other vehicle of the Village, the County, the State or licensed public utility vehicle within the Village while engaged in necessary public business b Excavation or repairs of bridges, streets, highways, street lights or utilities, by or on behalf of the Village, the County, or the State, or performance of such ,cork during the night if the public welfare ana convenience renders it impossible to perform such work during the day c A reasonable use of amplifiers or loud- speakers in the course of public addresses or gatherings which are non-commercial in character, noise generated in the course of a special activity or event which has obtained a permit pursuant to section 4 of this Chapter, noise generated for the purpose of alerting persons to the existence of an Emergency or noise generated in the performance of Emergency work Sec 6 Enforcement This Chapter shall be enforced by the Village Police Department or any other official of the Village authorized to enforce this Chapter Sec 7 Penalties A Village police officer who finds a violation of this Chapter shall issue a citation to the violator requiring immediate correction of the violation, and shall impose a fine in the amount of $150 00 for which the violator shall be liable If the violation is not corrected immediately by the violator upon issuance of the citation, the police officer shall issue a second citation and shall impose an additional fine in the amount of $350 00 In the event that the violation continues after issuance of the second citation to the violator, the violation shall constitute a public nuisance and may sub]ect the violator to arrest pursuant to State law Section 2 Repeal of Conflicting Provisions That any conflicting provisions, ordinances or resolutions of the County Code, as made applicable to the Village by Section 8 03 of the Village Charter, are hereby repealed in their entirety 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 aecision shall not affect the 7 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 Inclusion in the Code It is the intention of the Village Council, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of Key Biscayne, Florida, that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions, and that the word "Ordinance" shall be changed to "Section" or other appropriate word Section 5 Effective Date This Ordinance shall be effective upon adoption on second reading PASSED AND ADOPTED on first reading this 14th day of September , 1993 PASSED AND ADOPTED on second reading this 28th day of September , 1993 -41 7/ I 1 RAFAEL H CONTE, MAYOR ATTEST GUIDO H "INGUANZO, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY RICHARD JAY WEISS, VILLAGE ATTORNEY lad\keybisca\ord\noise 8 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday Sunday and ,..egal Holidays Miami Dade County Florida STATE OF FLORIDA COUNTY OF DADE Before the undersigned authority personally appeared Sookle Williams who on oath says that she is the Vice President of Legal Advertising of the Miami Daily Business Review f/k/a Miami Review a daily (except Saturday Sunday and Legal Holidays) newspaper published at Miami In Dade County Florida that the attached copy of advertisement being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE SECOND READING MEETING SEPTEMBER 28, 1993 the X X X as published in said newspaper in the issues of September 17, 1993 Court Affiant further says that the said Miami Daily Business Review Is a newspaper published at Miami In said Dade County Florida and that the said newspaper has heretofore been continuously published in said 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 Dade County Florida for a period of one year next preceding the first publication of the attached copy of rtisement and afflant further says that she has neithe paid nor promised any person firm or corporation any d cou rebate commission or refund for the purpose of s = uri this advertisement for publication In the said news Sworn to and subscribed before me this Septemberjell4p�9 93 (SEAL) : S Sookle Williams personally known toi �Of• •� Of FLY.• OFFICIAL [NOTARY SEAL CHERYL H MARMER COMIdtb610N NO CCtfif42 MY C011041911110N IMF APR. 12.1146 • • VILLAGE OF KEY BISCAYNE PUBUC NOTICE Notice is hereby given that the following ordinances will be considered on Second Reading by the Key Biscayne Village Coun cil at a meeting to be held on Tuesday September 28 1993 at 700 p m in the Council Chamber at 85 West McIntyre Street Second Floor Key Biscayne Flonda AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE FLORIDA ADOPTING THE OFFICIAL SEAL OF THE VIL LAGE PROVIDING FOR SEVERABILIITY INCLUSION IN THE CODE AND AN EFFECTIVE DATE. AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE FLORIDA ESTABLISHING PROHIBITIONS AGAINST EXCESSIVE NOISE PROVIDING FOR DEFINtITtONS ESTABUSHING PROHIBITED ACTS REQUIRING PERMITS FOR SPECIAL EVENTS PROVIDING FOR EXEMPTIONS PROVIDING FOR ENFORCEMENT AND PENALTIES FOR VIOLATION PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS, PROVIDING FOR SEVERABILITY INCLUSION IN THE CODE AND AN EFFECTIVE DATE Interested parties are invited to appear and be heard Copies of the proposed ordinances may be obtained at Village Hail, Mee of the Village Clerk 85 West McIntyre Street Key Biscayne Florida 33149 Should any person desire to appeal any decision►of the Village Council with respect to any matter to be considered at this meet ing that person shall insure that a verbatim record of the proceed ings is made Including ail testimony and evidence upon which any appeal may be based (F S 286 0105) 9/17 Guido H inguanzo Jr Village 4lerk 93-4-091711M ORDINANCE NO 93-15 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ADOPTING THE OFFICIAL SEAL Or THE VILLAGE, PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE WHEREAS, pursuant to Section 165 043, Florida Statutes, the Village Council wants to aaopt an official municipal seal for the Village to be affixed to ail official actions or documents of the Village and to identify and authenticate documents, and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 That the Code of the Village of Key Biscayne, Florida is hereby amended by adding a new article which shall read as follows ARTICLE OFFICIAL SEAL Sec 1 Official Seal Defined As used herein, the official seal of the Village of Key Biscayne, Florida shall mean the following identifying symbol Sec 2 Execution and Acknowledgment of Written Instruments yhenever it shall be necessary for the Village unaer the authority of its Village Council, its Charter or Code, and the general laws of the State of Florida, to execute contracts, deeds, or other documents on behalf of the Village, the official seal of the Village shall be affixed to such contract, deeds or other document Sec 3 Prohibition It shall be unlawful and a violation of this section for any person, firm, corporation or other legal entity to print for the purpose of sale or distribution or circulate, publish, use or offer for sale any letters, papers, documents, or items of merchandise which simulate the official seal of the Village or the stationery or a real or fictitious agency, department or instrumentality of the Village of Key Biscayne without the expressed written authority of the Village Manager or designee Sec 4 Exceptions The provisions of this section shall not be applicable to the Village of Key Biscayne, its agencies, departments, instrumentalities, quasi- judicial and advisory bodies, acting within the scope of their official capacities Section 2 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 3 Inclusion in the Code It is the intention of the Village Council, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Village of Key Biscayne Code, that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions, and that the word "Ordinance" shall be changed to "Section" or other appropriate word 2 Section 4 Effective Date This Ordinance shall be effective upon adoption on second reading PASSED AND ADOPTED on first reading this 14th day of September , 1993 PASSED AND ADOPTED on second reading this 28th day of September 1993 RAFAEL H CONTE, MAYOR ATTEST GUIDO H NGUANZO, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY RICHARD JAY WEISS, VILLAGE ATTORNEY lad\keybisca\ord\seal 103 001 3 MIAMI DAILY BUSINESS REVIEW Dubiished Daily except Saturday Sunday and .,gal Holidays Aiami Dade County Florida STATE OF FLORIDA COUNTY OF r)ADE Before the undersigned authority personally appeared Sookie Williams who on oath says that she is the Vice President of Legal Advertising of the Miami Daily Business Review fik/a Miami Review a daily (except Saturday Sunday and Legal Holidays) newspaper published at Miami in Dade County Florida that the attached cony of advertisement being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE SECOND READING EETING SEPTEMBER 23, 1993 the X X X Nas published in said newspaper in the issues of September 17, 1993 Court Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Dade County Florida and that the said newspaper has heretofore been continuously published in said 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 Dade County Florida for a period of one year next preceding the first publication of the attached copy ot rtisement and affiant further says that she has neithe paid nor promised any person firm or corporation any a cou rebate commission or refund for the purpose of se urir this advertisement for publication in the said iews 7 1 y day of 1,i,J4,.....,.. Sworn to and subscribed before me this September (SEAL) Sookle Williams personally known to ••19 93 -S r rj Cr fLv_ aFFICUL k.OTARY SEAL CHERYL H MAaiMElt Ct CI4b6KYsii NU CC 91642 N/Y COMMISSION UP AP& 12,19511 VILLAGE OF KEY BISCAYNE PUBLIC NOTICE Notice is hereby given that the following ordinances will be -onsidered on Second Reading by the Key Biscayne Village Coun I at a meeting to be held on Tuesday September 28 1993 at 7 00 Dm in the Council Chamber at 85 West McIntyre Street Second •=loor Key Biscayne Florida AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE FLORIDA ADOPTING THE OFFICIAL SEAL OF THE VIL ..AGE PROVIDING FOR SEVERABILITY INCLUSION IN THE CODE AND AN EFFECTIVE DATE AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE FLORIDA ESTABLISHING PROHIBITIONS AGAINST EXCESSIVE NOISE PROVIDING FOR DEFINITIONS ESTABLISHING PROHIBITED ACTS REQUIRING PERMITS FOR SPECIAL EVENTS PROVIDING FOR EXEMPTIONS PROVIDING FOR ENFORCEMENT AND PENALTIES FOR VIOLATION PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS PROVIDING FOR SEVERABILITY INCLUSION N THE CODE AND AN EFFECTIVE DATE Interested parties are invited to appear and be heard Copies of he proposed ordinances may be obtained at Village Hall Office of ie Village Clerk 85 West McIntyre Street Key Biscayne Florida .3149 Should any person desire to appeal any decision of the Village Council with respect to any matter to be considered at this meet ng that person shall insure that a verbatim record of the proceed nos s made including all testimony and evidence upon which any ooeal may be based (F S 286 0105) Guido H Inguanzo Jr Village Clerk 17 93 4-091711M ORDINANCE NO 93-14 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ADOPTING A TENTATIVE STORMWATER UTILITY BUDGET FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 1993 THROUGH SEPTEMBER 30, 1994 IN THE AMOUNT OF $500,000 00, SETTING A DATE FOR A FINAL PUBLIC HEARING TO ADOPT A BUDGET, PROVIDING FOR AN EFFECTIVE DATE BE IT ORDAINED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS .Section 1 That the tentative Stormwater Utility budget as presented by the Village Manager and amended by the Village Council be and is hereby tentatively adopted, subject to final adoption Section 2 That a final public hearing to adopt a budget for the fiscal year commencing October 1, 1993 through September 30, 1994 be and is hereby set in the Village Council Chambers, 85 West McIntyre Street, Key Biscayne, Florida at 7 00 p m on Monday Tucsday, September 27 2-4, 1993 Section 3 That the Village Clerk be and is hereby directed to advertise the said public hearing as required by law PASSED AND ADOPTED on first reading this 14th day of September, 1993 PASSED AND ADOPTED on second reading this 27th day of September, 1993 MAYO RAFAEL CONTE GUIDO H INGUANZO, JR , VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY RICHARD JAY WEISS, VILLAGE ATTORNEY MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday Sunday and L.egal Holidays Miami Dade County Florida STATE OF FLORIDA COUNTY OF DADE Before the undersigned authority personally appeared Sookie Williams who on oath says that she is the Vice President of Legal Advertising of the Miami Daily Business Review f/k/a Miami Review a daily (except Saturday Sunday and Legal Holidays) newspaper published at Miami in Dade County Florida that the attached copy of advertisement being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE MEETING SEPTEMBER 27, 1993 X X X Court was published In said newspaper in the issues of September 17, 1993 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Dade County Florida and that the said newspaper has heretofore been continuously published In said 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 Dade County Florida for a period of one year n preceding the first publication of the attached copy of • e isement and afffant further says that she has neither • Id or promised any person firm or corporation any di ou rebate commission or refund for the purpose of s - - ri this a rtilsement for publication In the said news (SEAL) Sworn to and subscribed before me this September A 93 v t i 1 1 f Sookie Williams personally known to mdtJ;,O1 ft~ ' OFFICIAL ........... SEAL CHERYL H MARIA SI COMMISSION NO CCt9t442 MY OUidl41ti61ON SAP API. tUNA VILLAGE OF KEY BISCAYNE PUBLIC NOTICE Notice is hereby given that the following ordinances will be considered on Second Reading by the Key Biscayne Village Coun cil at a meeting to be held on Monday September 27 1993 at 7 00 p m in the Council Chamber at 85 West McIntyre Street Second Floor Key Biscayne Florida AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE FLORIDA ADOPTING A TENTATIVE GENERAL FUND OPERATING BUDGET FOR THE FISCAL YEAR COMMENC ING OCTOBER 1 1993 THROUGH SEPTEMBER 30 1994 IN THE AMOUNT OF $9 445 768 00 PURSUANT TO FLOR IDA STATUTE 200 065 (TRIM BILL) SETTING A DATE FOR A FINAL PUBLIC HEARING TO ADOPT THE BUDGET PRO VIDING FOR AN EFFECTIVE DATE AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE FLORIDA ADOPTING A TENTATIVE STORMWATER UTIL ITY BUDGET FOR THE FISCAL YEAR COMMENCING OCTOBER 1 1993 THROUGH SEPTEMBER 30 1994 IN THE AMOUNT OF $500 000 SETTING A DATE FOR A FINAL PUBLIC HEARING TO ADOPT A BUDGET PROVIDING FOR AN EFFECTIVE DATE Interested parties are invited to appear and be heard Copies of the proposed ordinances my be obtained at Village Hall Office of the Village Clerk 85 West McIntyre Street Key Biscayne Florida 33149 Should any person desire to appeal any decision of the Village Council with respect to any matter to be considered at this meet ing that person shall insure that a verbatim record of the proceed ings is made including all testimony and evidence upon which any appeal may be based (F S 286 0105) Guido H lnguanzo Jr Village Clerk 9/17 93 4-091710M ORDINANCE NO 93-13 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ADOPTING A TENTATIVE GENERAL FUND OPERATING BUDGET FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 1993 THROUGH SEPTEMBER 30, 1994 IN THE AMOUNT OF 9,445,768.00 PURSUANT TO FLORIDA STATUTE 200 065 (TRIM BILL) , SETTING A DADE FOR A FINAL PUBLIC HEARING TO ADOPT THE BUDGET, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on July 27, 1993 the Village Manager presented to the Village Council a "Tentative General Fund Operating Budget" for the fiscal year commencing October 1, 1993 and further scheduled the public hearing required by Section 200 065 of the Florida Statutes to be held on September 14, 1993 at 7 00 p m , and WHEREAS, the Property Appraiser has properly noticed the public hearing scheduled for September 14, 1993 at 7 00 p m in the Council Chambers located at 85 West McIntyre Street, Second Floor, Key Biscayne, Florida 33149 as required by Chapter 200 of the Florida Statutes, and WHEREAS, the said public hearing as required by Section 200,0655 (2) (c) was held by the Village Council on September 14, 1993 commencing at 7 00 p m in the evening as previously noticed and the public and all interested parties having had an opportunity to address their comments to the Village Council, and the Village Council having had an opportunity to amend the tentative budget as it deemed appropriate and having considered the comments of the public regarding the tentative budget and having complied with the "TRIM" requirements of the Florida Statutes, NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA SECTION 1 That the tentative operating budget as presented by the Village Manager and amended by the Village Council be and is hereby tentatively adopted, subject to final adoption and amendment as provided by Section 200 065 of the Florida Statutes SECTION 2 That a final public hearing to adopt a budget for the fiscal year commencing October 1, 1993 through September 30, 1994 be and is hereby set in the Council Chambers located at 85 West McIntyre Street Second Floor, Key Biscayne, Florida 33149 at 7 00 p m on September 27, 1993 Page 1 of 2 SECTION 3 That the Village Clerk be and is hereby directed to advertise the said public hearing as required by law PASSED AND ADOPTED on the first reading this 14th day of September , 1993 PASSED AND ADOPTED on the second reading this 27th day of September , 1993 1 P MAYOR ATTEST VILLAG'CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY 447 VI GE ATTORNEY Page 2 of 2 1 FAEL CONTE one year copy of neither any di of news 17 day MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday Sunday and Legal Holidays Miami Dade County Florida STATE OF FLORIDA COUNTY OF DADE Before the undersigned authority personally appeared Sookie Williams who on oath says that she Is the Vice President of Legal Advertising of the Miami Daily Business Review f/k/a Miami Review a daily (except Saturday Sunday and Legal Holidays) newspaper published at Miami in Dade County Florida that the attached copy of advertisement being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE MEETING SEPTEMBER 27, 1993 X X X Court published In said newspaper in the issues of September 17, 1993 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Dade County Florida and that the said newspaper has heretofore been continuously published in said Dade County Florida each day (except Saturday Sunday and Legal Holidays) and has been entered as second class mall matter at the post office In Miami in said Dade County Florida for a period of preceding the first publication of the attached isement and affiant further says that she has or promised any person firm or corporation rebate commission or refund for the purpose this • • =rtisement for publication in the said • Sworn to and subscribed before me this .0MNft. of Septembej �, AWs93 (SEAL) 11,4?• J Sookie Williams personally known to m4 ,,, Of ft.... OPMCIAL NOTARY SIAL CHERYL H JAMMU COMMISSION NO CC191642 MY OOMMISS/ON 6X? APR 1? 1 VILLAGE OF KEY BISCAYNE PUBLIC NOTICE Notice is hereby given that the following ordinances will be considered on Second Reading by the Key Biscayne Village Coun cil at a meeting to be held on Monday September 27 1993 at 7 00 p m in the Council Chamber at 85 West McIntyre Street Second Floor Key Biscayne Florida AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE FLORIDA ADOPTING A TENTATIVE GENERAL FUND OPERATING BUDGET FOR THE FISCAL YEAR COMMENC ING OCTOBER 1 1993 THROUGH SEPTEMBER 30 1994 IN THE AMOUNT OF $9 445 768 00 PURSUANT TO FLOR IDA STATUTE 200 065 (TRIM BILL) SETTING A DATE FOR A FINAL PUBLIC HEARING TO ADOPT THE BUDGET PRO VIDING FOR AN EFFECTIVE DATE AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE FLORIDA ADOPTING A TENTATIVE STORMWATER UTIL ITY BUDGET FOR THE FISCAL YEAR COMMENCING OCTOBER 1 1993 THROUGH SEPTEMBER 30 1994 IN THE AMOUNT OF $500 000 SETTING A DATE FOR A FINAL PUBLIC HEARING TO ADOPT A BUDGET PROVIDING FOR AN EFFECTIVE DATE Interested parties are invited to appear and be heard Copies of the proposed ordtnances my be obtained at Village Hall Office of the Village Cleric 85 West.ylcintyre Street Key Biscayne Florida 33149 Should>any_person`desiire to -appeal any decision of the Village Couacil with respectlo arty matter to be considered at this meet trig that person shall insure4that a verbatim record 9f the proceed ings is made including ati testimony and evidence upon which any appea( may be based (F S 286.0105) �a it rn Ye - w ahe Guido 1j inguanzo Jr Village Clerk 9/17 x 93-4-091710M ORDINANCE NO 93-12 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ADOPTING AND ENACTING A NEW VILLAGE CODE, PROVIDING PENALTIES FOR VIOLATIONS OF THE CODE, PROVIDING FOR INCLUSION IN THE CODE OF FUTURE AMENDMENTS AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE VILLAGE OF KEY BISCAYNE, Section 1 The Code entitled "The Code of Ordinance, Village of Key Biscayne, Florida" published by Municipal Code Corporation consisting of Chapters 1 through 30, each inclusive, is adopted Section 2 Unless another penalty is expressly provided, every person convicted of a violation of any provision of the Code or any ordinance, rule or regulation adopted or issued in pursuance thereof, shall be punished by a fine not to exceed $500 00 or imprisonment for a period not to exceed 60 days, or both fine and imprisonment Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense The penalty provided by this section, unless another penalty is expressly provided shall apply to the amendment of any Code section whether or not such penalty is reenacted in the amendatory ordinance In addition to the penalty prescribed above, the Village may pursue other remedies such as abatement of nuisances, injunctive relief, and revocation of licenses or permits Section 3 Additions or amendments to the Code when passed in the form as to indicate the intention of the Village Council to make the same a part of the Code shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments Section 4 Ordinances adopted after January 26, 1993, that amend of refer to ordinances that have been codified in the Code, shall be construed as if they amend or refer to like provisions of the Code Section 5 This ordinance shall become effective upon adoption PASSED AND ADOPTED this 27th day of July , 1993 1/V RAFAEL H\ CONTE, MAYOR ATTEST Village Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY RIC D JAY WEISS, VILLAGE ATTORNEY 2 -D UBLISHED DAILY MIAMI-DADE-FLORIDA STATE OF FLORIDA COUNTY OF DA DE The\ aml NC a d Puo shin_ imp Be fo re the unders ign ed au thority per so nally appeared OLGA L A RCIA who on oath says that he /she is CUSTODIA N OF RECORDS of The Mia mi Her ald a daily news- pa per publis hed at Miami in Da de County Florida that the attac hea copy of adver tisemen t wa s publis he d in sa id newspa per in the iss ues of JL� 6 19°3 Affiant further says tha t the s aid he Miami He ra ld is a neon ^a pe- pupiished at Miami in the said Daa e County Florida a nd tha t the sa id ne wspaper has her etofore been cor*inu ous ly pu blishe d in said Da ae Co un ty Florida e ach da y and ha s be en en tere d as s econd cla ss mail ma tter at the post o ffice in Miam. in said Da de County Flor ida fo r a p eriod of one year next pre cedin g tn e first publica tion of the at- ta cne d co py of a dvertisement an d affian t further sa ys tha t he ha s n either paid nor pro mise d an y per - so - firm or corporation a ny dis- cour- rebate co mmis sion or re fund f or the purpo se of sec uring this a dve rtisement for pu blication in tne said n ewspaper (s) O C Q CU CO >isCD co Y C C O O cp 0) O 01 d 0 t0 m 0, 0 0 to m c a co O O — Q O EO a m Zt 3--� oc Q) ms >- w� ca OELu g0 J 0 > c 0 HU) LL. Z20 a20W OQOUQ WO Q • W CCQZV Da0I wW ZZDZ 0>Z co W W O Z O (g O u- z5 0030 CC • CL ggo aQ >>w, 14J„ 1_▪ ZOW OQwo UZ~Z Zi=u.m <004 O tZZ el CCWOD OCIpt- O mIlD 7J ' r >- P3 C/)WI- MU) 0to W Q Q mi re taunt mm0 3 V W 0-1>- Z Z ' m ¢0> O W W u) x w FZ-Z¢ • Z• 0 211 m (, n ▪ Zao N =QN COMM T M CL Q -N c> Cu) i n- co `o` 73 C) oV am 0> L o o0 m mELO r c w on _� u, 0) el W>0 O mo w- c corn p c O � m cm �ai13 o c o c c � U —co CO 0 0) YO O oO =cE jo 0 c�a Y 0 .N. m z3 tea= cm 0 rte.. cn or 0 n Om co 0?O A— m _ N c ECDCD E c°L0u . --� a�NN 0 0 F. vu, mo00 Do2E o O CO m mo-Q CO 0 03 f0��c OEcm 0 c ca ccnn-4 0 N c m i0 om -0 05 Sworn to and s ubs cribed befo re me this 19thday of Jul A D 1993 Commiss ion ex pir es ct r -� Elyse Benton 0 H rdld P \fiim n7 1 ORDINANCE NO 93-11 A AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING ORDINANCE NO 93-11, RELATING TO TtIE VILLAGE STORMWATER UTILITY SYSTEM, PROVIDING FOR BILLING OF STORMWATER UTILITY FEES, AUTHORIZING MIAMI-DADE WATER AND SEWER AUTHORITY DEPARTMENT TO ACT AS BILLING AND COLLECTING AGENT FOR THE VILLAGE, PROVIDING FOR SE\'ERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE IHEREAS, the Village nas determined that the most practical and economic method for billing and collecting the Stormwater Utility Fees is to include the fee as part of the water and sewer bills, and WHEREAS, Miami Dade ;later and Sewer Authority Department ("WASAD") is responsible fcr billing and collecting water and sewer charges from the residents of the Village, and WHEREAS, ;IASAD is willing to bill and collect the Stormwater Utility fees on behalf of the Village NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGL OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 That Sec 2 of Ordinance No 93-11 of the Village of Key Biscayne is nereby amended to read as follows 1 Sec 2 Definitions (o) WASAD shall mean Miami. Dade Water and Sewer Authority Department Highlighted items are aaditons to the text, items struck through are deletions to text Section 2 That Sec 5 of Ordinance No 93-11 of the Village of Key Biscayne is hereby amended to read as follows Sec 5 Collection of Stormwater Utility Fee, Liens (a) The Stormwater Utility Fee shall be billed to the owner, tenant or occupant of each Developed Property If the Stormwater Utility Fee is not fully paid by the owner, tenant or occupant on or before the past due date set forth on the owner's, tenant's or occupant's bill, a ten percent late charge may be added to the bill Any unpaid balance of the owner, tenant or occupant for a Stormwater Utility Fee shall be subject to an interest charge at a rate of eight percent per annum Imposition of this interest charge shall commence 60 days after the past due date of the fees set forth on the bill of the owner of the Developed Property WASAD is hereby authorized to act as the Village's agent for the purpose of billing and collecting Stormwater Utility Fees. Stormwater Utility Fees shall be billed by WASAD in the same manner and subject to the same rules and regulations governing WASAD's water and sewer bills, including, but not limited to, the right to discontinue service (b) Fees and late charges, together with any interest charges, shall be debts due and owing the Village's Stormwater Utility and all of same shall be recoverable by the Village in a court of competent jurisdiction (c) The Village Manager shall establish procedures to notify owners, tenants, occupants or managers of Developed Property of delinquent Stormwater Utility Fee accounts 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 2 Section 4 Inclusion in the Code It is the intention of the Board of Trustees, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of the Village of Key Biscayne, that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions, and that the word "Ordinance" shall be changed to "Section" or other appropriate word Section 5 Effective Date This Ordinance shall be effective upon adoption on second reading PASSED AND ADOPTED on first reading this 28th day of September , 1993 PASSED AND ADOPTED on second reading this 12th day of October ATTEST 1993 RAFAEL F1 CONTE, MAYOR APPROVED AS TO FORM AND LEGAL SUFFICIENCY RICHARD JAY WEISS, VILLAGE ATTORNEY gil\keybisca\storirwat ord 3 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday Sunday and Legal Holidays Miami Dade County Florida STATE OF FLORIDA COUNTY OF DADE Before the undersigned authority personally appeared Octelma V Ferbeyre who on oath says that she is the Super visor Legal Notices of the Miami Daily Business Review f/kla Miami Review a daily (except Saturday Sunday and Legal Holidays) newspaper published at Miami in Dade County Florida that the attached copy of advertisement being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE MEETING ON OCTOBER 12, 1993 RE AMENDING ORDINANCE 93-11, etc X X X in the was published in said newspaper in the issues of October 1, 1993 Court Afflant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Dade County Florida and that the said newspaper has heretofore been continuously published in said 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 Dade County Florida for a period of one year next preceding the first publication of the attached copy of advertisement and affiant - says that she has neither p nor promised an • - on f m or corporation any dis ' • unt rebate com * • n - r ref d for the purpose of s - urin • this adverti - .w nt • r pu • cation in the said ne Swom to and subscribed before me this 1st day of October AD 1993 Y CAS "i'1 c,'1 � � • (SEAL) Octelma V Ferbeyre personally kndwn � • • • OF F09- IP L OFFICIAL NOTARY SEAL CHERYL H MARMkR COMMISSION NO CC191642 'IY COMMISSION fiXP APR. 12.19916 VILLAGE OF KEY II$CAYNE PUBLIC NOTICE Notice is hereby given that the following qialinence wilt be con- sidered on Second Reading by the Key Biscayne Village Council at a meeting to be -held on Tuesday October 12, 1993,. at 7r 00 p m in the Council Chamber, at 85 West McIntyre Streett,Second Floor Key Biscayne Florida 10/1 AN ORDINANCE OF THE VILLAGE OF AYNE, FLORIDA AMENDING ORDINANCE 93• , REj.4G TOa THE VILLAGE STORMWATER UTILITY SYSTEM* ID ING FOR BILLING OF STORMWATER UTlL1 FEE$ AUTHORIZING MIAMI-DADE WATER AND:SE1 ITY TO ACT AS BILLING AND COL THE VILLAGE, PROVIDING FOR SEV IN THE CODE AND AN EFFECTIVE DATE. Interested- parties are Invited to Copses of the proposed ordinance may bix loge Hall Office of th.Mljage Clerk, 85'illwstf Key Biscayne Florida 33149 ri‘l MUM Should any person desire to appeal tits- Oa q( the Village Council with respect to any to �ilP��� at this meeting; their person shall insure record of the proceedings Is made Including Mtestimony and evidence upon. which any appeal may be based- (F.S. 286 0105) Guido H { M Village Clerk 4 • $ 93-4-100141M ORDINANCE NO. 93-11 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ESTABLISHING A STORMWATER UTILITY SYSTEM FOR THE VILLAGE, PROVIDING FOR DEFINITIONS, MAKING CERTAIN FINDINGS AND DETERMINATIONS, ESTABLISHING A STORMWATER UTILITY FEE, ESTABLISHING A METHOD AND PROCEDURE FOR THE COLLECTION OF STORMWATER UTILITY FEES, DIRECTING THE VILLAGE MANAGER TO MAINTAIN CERTAIN RECORDS, PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES, PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE WHEREAS, the Village is responsible for the ownership, maintenance and expansion of an existing stormwater management system that has been developed over a number of years for the purpose of collecting and disposing of storm and other surface water; and WHEREAS, the points of discharge for numerous stormwater drainage systems serving the Village of Key Biscayne are Biscayne Bay and its tributaries, and WHEREAS, the waters of Biscayne Bay and its tributaries are protected under the provisions of the Biscayne Bay Aquatic Preserve Act (the "Act") as adopted by the Florida State Legislature; and WHEREAS, pollution abatement requirements of the Act are among the most stringent in the State, resulting in higher capital and maintenance costs for storm drainage facilities, and WHEREAS, the South Florida Water Management District has recently adopted rules and regulations with respect to groundwater protection that result in higher capital costs for the construction of ground water protection devices in conjunction with storm drainage improvement, and WHEREAS, the Village desires to address such various environmental issues which will further burden its infrastructure requirements, and WHEREAS, the Village finds that although each developed property on Key Biscayne has varying degrees of water retention, all properties contribute to some extent to the Village's stormwater problems and that all citizens will benefit from the establishment of a Stormwater Utility, and WHEREAS, the Village finds that from both a financial and administrative perspective, it would be impractical to measure each property's impervious area and to calculate with mathematical precision each Stormwater Utility fee, and WHEREAS, the fee structure set forth herein represents a reasonable and rational basis for allocating the need for a Stormwater Utility to the developed property owners of the Village, and WHEREAS, therefore the Village finds that it is necessary and essential to establish a Stormwater Utility to ensure that the collection and disposal of stormwater within the Village of Key Biscayne adequately protects the health, safety and welfare of the citizens of the Village, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS 2 Section 1. That the Code of the Village of Key Biscayne is hereby amended by adding a new Chapter which shall read as follows STORMWATER UTILITY SYSTEM Sec 1 Purpose, Authority The purpose of this article is to implement the provisions of Section 403 0893(1), Florida Statutes, by creating a Village -wide Stormwater Utility and adopting stormwater utility fees sufficient to plan, construct, operate and maintain the stormwater management system required by Section 403 0891(3), Florida Statutes Sec 2 Definitions The following, when used in this article, shall have the meanings ascribed in this section, except where the context clearly indicates a different meaning. (a) "Developed Property" shall mean any parcel of land that contains an impervious area (b) "Dwelling" shall mean any building that is wholly or partly used or intended to be used for living, sleeping, cooking and eating (c) "Dwelling Unit" shall mean any room or group of rooms located within a dwelling and forming a single habitable unit with facilities used or intended to be used for living, sleeping, cooking and eating. (d) "ERU" shall mean "Equivalent Residential Unit." (e) "Impervious Area" shall mean the horizontal ground surface that is incapable of being penetrated by rainwater. This shall include, but not be limited to, all structures, roof extensions, slabs, patios, porches, driveways, sidewalks, parking areas, swimming pools, athletic courts and decks (f) "Nonresidential Developed Property" shall mean any parcel of land that contains an impervious area and that is classified by the Dade County Property Appraiser as land use types 10 through and including 99, as set forth in Florida Administrative Code Rule 12D-8 008(2)(c), as amended from time to time (g) "Residential Developed Property" shall mean any parcel of land that contains an impervious area and is 3 classified by the Dade County Property Appraiser as land use types 00 through and including 09 as set forth in Florida Administrative Code Rule 12D -8.008(2)(c), as amended from time to time (h) "Stormwater Infrastructure" shall mean the structural, non-structural or natural features of a parcel of land or Watershed which collect, convey, store, absorb, inhibit, treat, use, reuse, or otherwise affect the quantity or quality of stormwater (1) "Stormwater" shall mean the water that results from rainfall (j) "Stormwater Management System" (or the "System") shall have the meaning specified by Section 403 031(16), Florida Statutes, as amended from time to time (k) "Stormwater Utility" shall have the meaning specified by Section 403 031(17), Florida Statutes, as amended from time to time (1) "Stormwater Utility Trust Fund" shall mean that separate bank account established by the Village for the deposit and use of all Stormwater Utility Fees collected (m) "Stormwater Utility Fee" shall have the meaning specified by Section 403 0893(3), Florida Statutes, as amended from time to time (n) "Watershed" shall have the meaning specified by Section 403 031(18), Florida Statutes, as amended from time to time Sec 3 Findings and Determinations It is hereby determined and declared as follows: (a) The Village desires to create a Stormwater Management System to maintain and improve water quality, to control flooding that results from rainfall events, to deter unmanaged rainwater from eroding sandy soils, to deter the disruption of the habitat of aquatic plants and animals and to provide for the collection of Stormwater Utility Fees for those expenses connected with the planning, constructing, operating and maintaining of a Stormwater Management System. (b) The collection of and disposal of stormwater and regulation of groundwater are of benefit to all property within the Village including property not currently served by the System (c) The cost of operating and maintaining the System should, to the extent practicable, be allocated in relationship to benefits enjoyed and services received Sec 4 Stormwater Utility Fee (a) A Stormwater Utility Fee is hereby assessed against each Developed Property within the Village for services and facilities provided by the Stormwater Management System The rate per ERU to be used in calculating Stormwater Utility Fees shall be set by an administrative order of the Village Manager after approval by the Village Council The Village Manager or his/her designee is directed to prepare a list of lots and parcels within the Village and to assign a classification of Single-family Dwelling Unit, Multi -family Dwelling Unit, "Place of Worship" or Nonresidential Developed Property to each lot or parcel. (b) ERUs shall be assigned as follows: (1) Single Family Dwelling Units 1 5 ERU (2) Multi -family Dwelling Units 1 0 ERU per Dwelling Unit (3) Place of Worship 0 ERU. (4) Non -Residential Developed Properties, exc,lpding Places of Worship, shall be assigned ERUs on the basis of one ERU per 1083 square feet of Impervious Area. (c) The following procedures and criteria are to be used to calculate Stormwater Utility Fees. (1) Each Single -Family Dwelling Unit, Multi -family Dwelling Unit and Nonresidential Developed Property shall be assessed a Stormwater Utility Fee calculated by multiplying the rate for one ERU by the number of ERUs provided in Sections 4(b)(1), (2) and (4), respectively (2) The Stormwater Utility Fees payable to the Village pursuant to this article shall be deposited in a separate Village Stormwater Utility Trust Fund account and shall be used exclusively by the Village, together with accrued interest thereon, to pay for the costs of planning, financing, constructing, operating and maintaining the 5 Stormwater Management System required pursuant to Section 403 0891(3), Florida Statutes. Sec 5 Collection of Stormwater Utility Fee; Liens. (a) The Stormwater Utility Fee shall be billed to the owner of each Developed Property If the Stormwater Utility Fee is not fully paid by the owner on or before the past due date set forth on the owner's bill, a ten percent late charge may be added to the bill Any unpaid balance of the owner for a Stormwater Utility Fee shall be subject to an interest charge at a rate of eight percent per annum Imposition of this interest charge shall commence 60 days after the past due date of the fees set forth on the bill of the owner of the Developed Property (b) Fees and late charges, together with any interest charges, shall be debts due and owing the Village's Stormwater Utility and all of same shall be recoverable by the Village in a court of competent jurisdiction. (c) The Village Manager shall establish procedures to notify owners or managers of Developed Property of delinquent Stormwater Utility Fee accounts (d) All Stormwater Utility Fees, late charges and interest accruing thereupon, due and owing to the Village's Stormwater Utility which remain unpaid 60 days after the past due date shall become a lien against and upon the Developed Property for which the Stormwater Utility Fees are due and owing to the same extent and character as a lien for a special assessment. Until fully paid and discharged, such fees, late charges, and interest accrued shall constitute a special assessment lien equal in rank and dignity with the liens of Village ad valorem taxes and superior in rank and dignity to all other liens, encumbrances, titles, and claims in, to or against the Developed Property involved for the period of five years from the date such Stormwater Utility Fees, late charges, and interest accrued thereupon became a lien as set forth in this ordinance This lien may be enforced and satisfied by the Village pursuant to Chapter 173, Florida Statutes, as amended from time to time, or by any other method permitted by law The lien provided for in this sub -section shall not be deemed to be in lieu of any other legal remedies for recovery of such fee, late charges, and accrued interest available to the Village (e) For Stormwater Utility Fees which become more than 60 days past due and unpaid, the Village shall cause to 6 be filed in the office of the Clerk of the Circuit Court of Dade County, Florida, a notice of lien or statement showing a legal description of the Developed Property against which the lien is claimed, its location by street and number, the name of the owner, and an accurate statement of the fees and late charges then unpaid. A copy of such notice of lien shall be mailed within a reasonable time to the owner of the Developed Property involved as shown by the records of the tax collector of Metropolitan Dade County No such lien shall be enforceable by the Village unless this notice is filed within six months from the date the fees and late charges become a lien as established in this section (f) Liens may be discharged and satisfied by payment to the Village of the aggregate amounts specified in the notice of lien, together with interest accrued, and all filing and recording fees When any such lien has been fully paid or discharged, the Village shall cause evidence of the satisfaction and discharge of such lien to be filed with the office of the Clerk of the Circuit Court of Dade County, Florida (g) Notwithstanding other provisions to the contrary, the Village shall have the discretion not to file notices of lien for fees, late charges, and interest accrued in an amount less than fifty dollars ($50 00) If the Village elects not to file a notice of lien, such fees, late charges, and accrued interest shall remain as debts due and owing in accordance with Section (b) above. (h) The Village Manager or his designee is authorized and directed to certify upon request the amount of fees, late charges and interest accrued, which are due and owing to the Village for any Developed Property which is subject to payment of said fees, or the Village Manager may certify that no fees, late charges or accrued interest are due and owing Section 2 Repeal of Conflicting Ordinances Article IV of Chapter 24 of the Dade County Code made applicable to the Village by Article VIII, Sections 8 03 of the Village Charter is hereby repealed. 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 7 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 Inclusion in the Code It is the intention of the Board of Trustees, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of the Village of Key Biscayne, that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions, and that the word "Ordinance" shall be changed to "Section" or other appropriate word Section 5 Effective Date This Ordinance shall be effective upon adoption on second reading PASSED AND ADOPTED on first reading this 8th day of June , 1993 PASSED AND ADOPTED on second reading this 22nd day of June , 1993 ATTEST' Village Cek RAFAEL H APPROVED AS TO FORM AND LEGAL SUFFICIENCY RICHARD JAYIWE.TS, VILLAGE ATTORNEY rwt\keybisca\ord\stormwat 1 8 ONTE, MAYOR \IIIAMI DAILY BUSINESS REVIEW -ublished Daily except Saturday Sunday and egai Holidays tiami Dade County Florida STATE OF FLORIDA COUNTY OF fADE 3efore 'e undersigned authority personally appeared Sookie Williams who on oath says that she is the Vice President 01 Legal Advertising of the Miami Daily Business Review f/k/a Miami Review a daily (except Saturday Sunday .3na Legal Holidays) newspaper published at Miami in Dade County Florida that the attached copy of advertisement being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE MEETING SEPTEMBER 27, 1993 X X X +he ss published in said newspaper in the issues of September 17, 1993 Court dffiant further says that the said Miami Daily Business Review is a newspaper published at Miami In said Dade :ounty Florida and that the said newspaper has heretofore oeen continuously published in said Dade County Florida .3ach day (except Saturday Sunday and Legal Holidays) and bas been entered as second class mail matter at the post office in Miami in said Dade County Florida for a period of One year n - preceding the first publication of the attached i.opy 01 •ve lisement and afflant further says that she has neither • aid or promised any person firm or corporation any di - ou rebate commission or refund for the purpose of s = • ri this a rtisement for publication In the said news 17 day of C SEAL) Sookie Williams z.,),.b.,.. Sworn to and subscribed before me this Septembe; HA 93 Y 7r r s 4 7 �; i personally known to m4►�; OF ft.O"f OFFICIAL NOTARY /SAL Cr1ERYL H f1ARMkit COMMtbSiON NO CC1v1642 4Y CO11041bSiON EXP APR 12.1911 VILLAGE OF KEY BISCAYNE PUBLIC NOTICE Notice is hereby given that the following ordinances will be considered on Second Reading by the Key Biscayne Village Coun L,il at a meeting to be held on Monday September 27 1993 at 7 00 o m in the Council Chamber at 85 West McIntyre Street Second Floor Key Biscayne Florida AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE FLORIDA ADOPTING A TENTATIVE GENERAL FUND OPERATING BUDGET FOR THE FISCAL YEAR COMMENC lNG OCTOBER 1 1993 THROUGH SEPTEMBER 30 1994 IN THE AMOUNT OF $9 445 768 00 PURSUANT TO FLOR IDA STATUTE 200 065 (TRIM BILL) SETTING A DATE FOR A FINAL PUBLIC HEARING TO ADOPT THE BUDGET PRO VIDING FOR AN EFFECTIVE DATE AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE FLORIDA ADOPTING A TENTATIVE STORMWATER UTIL ITY BUDGET FOR THE FISCAL YEAR COMMENCING OCTOBER 1 1993 THROUGH SEPTEMBER 30 1994 IN THE AMOUNT OF $500 000 SETTING A DATE FOR A FINAL PUBLIC HEARING TO ADOPT A BUDGET PROVIDING FOR AN EFFECTIVE DATE Interested parties are invited to appear and be heard Copies of the proposed ordinances my be obtained at Village Hall Office of he Village Clerk 85 West McIntyre Street Key Biscayne Florida i3149 Should any person desire to appeal any decision of the Village Council with respect to any matter to be considered at this meet ng that person shall insure that a verbatim record of the proceed rigs is made including all testimony and evidence upon which any appeal may be based (F S 286 0105) Guido H Inguanzo Jr Village Clerk 9117 93 4 091710M VILLAGE CLERK ORDINANCE NO 93-10 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE 1992- 1993 VILLAGE BUDGET AS PROVIDED FOR ON EXHIBIT "A", PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the 1992-1993 Village budget was adopted pursuant to the Village Charter and based upon estimates of revenues and expenses in various categories, and WHEREAS, as a result of the creation of the Village's Fire Rescue Department, certain changes are necessary in various categories for fiscal year 1992-1993, NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 Budget Amendments Approved and Adopted The Budget of the Village of Key Biscayne for fiscal year 1992-1993 is hereby amended as outlined in Exhibit IIIAIt to this ordinance Section 2 Effective Date This ordinance shall become effective upon adoption on second reading PASSED AND ADOPTED on first reading this 25th day of May , 1993 PASSED AND ADOPTED on second reading this 8th day of June , 1993 MAYOR APPROVED AS TO FORM AND LEGAL SUFFICIENCY VILLAGE ATTORNEY FAEL CONTE 2811 day of (SEAL) A. Octelraa V erbd ep8 MIAMI REVIEW Published Daily except Saturday Sunday and Legal Holidays Miami Dade County Florida STATE OF FLORIDA COUNTY OF DADE Before the undersigned authority personally appeared Octeima V Ferbeyre who on oath says that she is the Super visor Legal Notices of the Miami Review a daily (except Saturday Sunday and Legal Holidays) newspaper published at Miami in Dade County Florida that the attached copy of advertisement being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE meeting on June 8, 1993 RE 1 AN ORDINANCE AMENDING THE 1992-1993 VILLAGE BUDGET, etc x x x ite .s published in said newspaper in the Issues of May 28, 1993 Court Affiant further says that the said Miami Review is a newspaper published at Miami in said Dade County Florida and that the said newspaper has heretofore been continuously published in said 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 Dade County Florida for a period of one year next preceding the first publication of the attached co• of advertisement and affiant further says that she has n - r p id nor promised any person f or corporation an ring tt is advertisement for or rebate commission ref refu fo he purpose o pubil do n he sal ; w / Sworn to and subscribed before me this 4 ce. May ; A 0 19 ri +known to me OF1ICI\L \O1ARY SEAL CRUT1\+ \GLLMO COMMISSION \O CC C CS1 VP( COMMISSION EXP APR 995 93 VILLAOIL OP KEY BI$CAYNI PUBLIC IIQTICE Notice is hereby given that the following ordinance will be con sidered on Second Reading by the Key Biscayne Village Council at a meeting to be held on Tuesday June 8 1993 at 7•00 pot at the Council Chamber 85 West McIntyre Street,. Second Floor Key Biscayne Florida 1 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYIM FLOR- IDA AMENDING THE 1992 1993 VILLAGE BUDGETMS PROVIDED FOR ON EXHIBIT A , PROVIDING FOR API EFFECTIVE DATE Interested parties are invited to appear and'pe C? pies of the proposed ordinance may be obtained at VW. �H� rice of the Village Clerk, 85 West McIntyre Street, t f ayriftwFhdr dda 33149 Should any person desire to appeal any decision of the Village Council with respect to any matter to be conaideq d at this meet ing that person shall insure that a verbatim record of the proceed- ings is made including all testimony and evider, r0 L nY appeal may be based (F S 286 0105) Guido H Inguahho Jr Village Clerk 5/28 9344052832M ORDINANCE NO 93-9 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE INCURRING OF INDEBTEDNESS IN AN AMOUNT NOT TO EXCEED $1,000,000 00, PROVIDING FOR THE APPROVAL OF THE SPECIFIC TERMS AND CONDITIONS OF SUCH INDEBTEDNESS BY RESOLUTION ADOPTED BY THE VILLAGE COUNCIL, PROVIDING FOR REPAYMENT OF SAID INDEBTEDNESS FROM AVAILABLE MUNICIPAL REVENUES, PROVIDING FOR THE EXECUTION OF DOCUMENTS, AUTHORIZING FURTHER OFFICIAL ACTION, SPECIFYING GOVERNING LAW, PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE WHEREAS, Article 8, Section 2(b) of the Constitution of the State of Florida grants to municipalities such governmental, corporate and proprietary powers as are necessary in order to enable them to conduct municipal government, perform municipal functions, and render municipal services, and WHEREAS, Section 166 021(4), Florida Statutes 1990, grants to municipalities all powers not expressly prohibited by the Constitution, general or special law, or County Charter, and WHEREAS, Section 4 03 (6) of the Charter of the Village of Key Biscayne provides that the Village Council may by ordinance borrow money, and WHEREAS, the Village is in need of funds to pay for various municipal expenses createa as a result of the establishment of a Village Fire Rescue Department, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Page 1 of 3 Section 1 Autiorization The Village is hereby authorized to incur indebtedness in an amount up to 51,000,000 00 to pay for expenses and equipment naae necessary as a result of establishing a Village Fire Rescue Department Section 2 Terms of _-aebtedness ^e interest rate, terms, maturity and other aetaiis of such indebtedness are subject to approval by this Council pv subsequent resolution Section 3 Repayment Such indebteaness shall be repaid by the Village through taxes, fees, ana other revenues received by the Village Section 4 Execution of Documents The documents evidencing such indebtedness shall be executed in the name of the Village by the Mayor and shall be approved as to for-- ana correctness by the Village Attorney Section 5 Further Official Acton The Mayor, Vice Mayor, Village Manager and Village Attorney are hereby authorized, empowered and directea to execute ana deli er such other aocuments and take other such actions wnicq snap be necessary ana appropriate to incur the indebtedness Section 6. Governing Law The prov_sions of this ordinance shall be construes and enforces in accoraarce with the laws of the State of Florida Section 7 Severabi-ity The prov_sions of this Ordinance are declared to be severapie and if any section, sentence, clause or pnrase of this Orainance snail for any reason be Held to be age 2 o f 3 invalid or a nconstycatio-al, such aecision shall not affect the validity of the rema_Lring sections, sentences, clauses, and phrases of this Ordinance but tree shall remain _n effect, it being the legislative intent tat 4-6, ~ s Orairance sham stand notwithstanding the invalidity of ary part Section 8 Eff=cti71e Date Tn-s Ord.-nance shall be effective upon adoption PASSED AND ADOPTED ON =I ST-EAD:\G THIS llth DAY OF MAY, 1993 PASSED AND ADOPTED ON SECOND RED:NG THIS 25th DAY OF MAY, 1993 RAFAEL H CONTE, MAYOR ATTEST VILLAGE CLERK APPROVED AS TO FORM .-;.ND LECL SUFFICIENCY \ N«R ZUi \TILLAGE ATTORNEY =age cf VILLAGE OF KEY BISCAYNE PUBLIC NOTICE MIAMI REVIEW Published Daily except Saturday Sunday and Legal Holidays Miami Dade County Florida STATE OF FLORIDA COUNTY OF DADE Before the undersigned authority personally appeared Sookie Williams who on oath says that she is the Vice President of Legal Advertising of the Miami Review a daily (except Saturday Sunday and Legal Holidays) newspaper published at Miami in Dade County Florida that the attached copy of advertisement being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE ORDINANCES WILL BE CONSIDERED 7-iT A MEETING TO BE HELD ON £lay 25, 1993 X X X le was published in said newspaper in the issues of lay 14, 1993 Court Affiant further says that the said Miami Review is a newspaper published at Miami in said Dade County Florida and that the said newspaper has heretofore been continuously published in said 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 Dade Coun rida for a period of one year next preceding the first licat n of the attached copy of advertisement and affiant rther s s that she has neither paid nor promised any perso firm 1 corporation any discount rebate commission or rend fo%the purpose of securing this advertisement for publl do n the said spaper • l4thday of til Sworn to and subscribed before me this •*,4ci.ZN9 93 O% r (SEAL) Sookie Williams personally knowrittg, - *1174- --"'s 0 cvo OFFICIAL NUT AkV '-FAL CIOSTINA INC tl_MN ''OV 114f ICSION O C Oil MYCOPC.tISI ON F P '.i14 Notice is hereby given that the following ordinances will be considered on Second Reading by the Key Biscayne Village Coun cil at a meeting to be held on Tuesday May 25 1993 at 700 pm at the Council Chamber 85 West McIntyre Street Second Floor Key Biscayne Florida 1 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE FLOR IDA ESTABLISHING A QUALIFYING PERIOD FOR CANDIDATES PUNNING FOR ELECTION PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS PROVIDING FOR SEVERABILITY NCLUSION IN THE CODE AND AN EFFECTIVE DATE 2 AN ORDINANCE OF THE VILLAGE OF KEY BISCANYE FLOR DA PROVIDING THAT THE VILLAGE CLERK SHALL CANVASS ELECTION RETURNS WITH THE ASSISTANCE OF THE DADE .OUNTY SUPERVISOR OF ELECTIONS PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS PROVIDING FOR SEVERABILITY NCLUSION IN THE CODE AND AN EFFECTIVE DATE 3 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE FLOR DA AUTHORIZING THE INCURRING OF INDEBTEDNESS IN THE MOUNT NOT TO EXCEED $1 000 000 PROVIDING FOR THE APPROVAL OF THE SPECIFIC TERMS AND CONDITIONS OF SUCH NDEBTEDNESS BY RESOLUTION ADOPTED BY THE VILLAGE COUNCIL PROVIDING FOR REPAYMENT OF SAID INDEBTEDNESS PROM AVAILABLE MUNICIPAL REVENUES PROVIDING FOR THE EXECUTION OF DOCUMENTS AUTHORIZING FURTHER OFFICIAL ACTION SPECIFYING GOVERNING LAW PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE 4 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE ENACTED PURSUANT TO SECTION 403 OF THE VILLAGE CHAR TER CREATING THE COMMUNITY DEVELOPMENT DEPARTMENT ECONOMIC DEVELOPMENT DEPARTMENT FINANCE AND ADMINISTRATIVE SERVICES RECREATION DEPARTMENT POLICE DEPARTMENT AND PUBLIC WORKS DEPARTMENT PRO VIDING FOR SEVERABILITY INCLUSION IN THE CODE AND AN EFFECTIVE DATE Interested parties are invited to appear and be heard Copies of the proposed ordinances may be obtained at Village Hall Office of the Village Clerk 85 West McIntyre Street Key Biscayne Florida 33149 Should any person desire to appeal any decision of the Village Council with respect to any matter to be considered at this meet ing that person shall insure that a verbatim record of the proceed ings is made including all testimony and evidence upon which any appeal may be based (F S 286 0105) Guido H Inguanzo Jr Village Clerk 5/14 93-4-051403M ORDINANCE NO 93-8 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING THAT THE VILLAGE CLERK SHALL CANVASS ELECTION RETURNS WITH THE ASSISTANCE OF THE DADE COUNTY SUPERVISOR OF ELECTIONS, PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS, PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE WHEREAS, Section 8 03 of the Village Charter incorporates all code provisions, ordinances and resolutions contained in the Code of Metropolitan Dade County (the "County Code") on the date of the adoption of the Village Charter, and WHEREAS, this Council wants to repeal any conflicting provisions of the County Code pertaining to canvassing of elections, and establish its own procedure for the canvassing of election returns and certificates of election, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS 1 Section 1 That the Code of the Village of Key Biscayne is hereby amended by adding a new section which shall read as follows Canvassing of Election Returns Certificates of Election Au. municipal elections shall be canvassed by the Village Clerk with the assistance of the Dade County Supervlsor of Elections The Village Clerk shall present a certthhcatlon o4 election results to the Village Council 1 Highlighted text has been added to existing language, struck through text has been deleted from existing language at the first meeting of the Village Council fo .1owutg the election. Canvassing of election returns shall be conducted under the applicable provisions of the Florida Statutes Section 2 Repeal of Conflicting Provisions That any conflicting provisions, ordinances or resolutions of the County Code, as made applicable to the Village by Section 8 03 of the Village Charter, are hereby repealed in their entirety 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 Inclusion in the Code It is the intention of the Village Council, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Village of Key Biscayne Code, that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions, and that the word "Ordinance" shall be changed to "Section" or other appropriate word Section 5 Effective Date This Ordinance shall be effective upon adoption on second reading 2 PASSED AND ADOPTED on first reading this llth day of May , 1993 PASSED AND ADOPTED on second reading this 25th day of May , 1993 1 RAFAEL;H CONTE, MAYOR ATTEST Village Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY RICHARD JAY WEISS, VILLAGE ATTORNEY lad\keybisca\ord\canvass 103 001 3 P �0. 9 3 • VILLAGE OP KEY BISCAYNE PUBUC NOTICE MIAMI REVIEW Published Daily except Saturday Sunday and Legal Holidays Miami Dade County Florida STATE OF FLORIDA COUNTY OF DADE Before the undersigned authonty personally appeared Sookie Williams who on oath says that she is the Vice President of Legal Advertising of the Miami Review a daily (except Saturday Sunday and Legal Holidays) newspaper published at Miami in Dade County Florida that the attached copy of advertisement being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE ORDINANCES WILL BE CONSIDERED AT A MEETING TO BE HELD ON May 25, 1993 X X X was published in said newspaper in the issues of May 14, 1993 Court Affiant further says that the said Miami Review is a newspaper published at Miami in said Dade County Florida and that the said newspaper has heretofore been continuously published in said 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 Dade Coun nda for a period of one year next preceding the first • • licat n of the attached copy of advertisement and affiant rther s that she has neither paid nor promised any perso firm corporation any discount rebate commission or ref rid f • the purpose of secunng this advertisement for publ • do n the said paper Sworn to and subscnbed before me this 14th day of (SEAL) Sookie Williams personally knowrdt4, rf ' Qom• •,tl OF FL%, - OFFIC'IAL V(YTARY SEAL CR1STNA L'YCkLMQ COMMISSION 0 Ct1C1QIs1 MY COtrCAIS5ION EXP APR 5 1 Notice is hereby given that the following ordinances will be considered on Second Reading by the Key Biscayne Village Coun cil at a meeting to be held on Tuesday May 25 1993 at 7 00 pm at the Council Chamber 85 West McIntyre Street Second Floor Key Biscayne Florida 1 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE FLOR IDA ESTABLISHING A QUALIFYING PERIOD FOR CANDIDATES RUNNING FOR ELECTION PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS PROVIDING FOR SEVERABILITY INCLUSION IN THE CODE AND AN EFFECTIVE DATE 2 AN ORDINANCE OF THE VILLAGE OF KEY BISCANYE FLOR IDA PROVIDING THAT THE VILLAGE CLERK SHALL CANVASS ELECTION RETURNS WITH THE ASSISTANCE OF THE DADE COUNTY SUPERVISOR OF ELECTIONS PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS PROVIDING FOR SEVERABILITY INCLUSION IN THE CODE AND AN EFFECTIVE DATE 3 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE FLOR IDA AUTHORIZING THE INCURRING OF INDEBTEDNESS IN THE AMOUNT NOT TO EXCEED $1 000 000 PROVIDING FOR THE APPROVAL OF THE SPECIFIC TERMS AND CONDITIONS OF SUCH INDEBTEDNESS BY RESOLUTION ADOPTED BY THE VILLAGE COUNCIL, PROVIDING FOR REPAYMENT OF SAID INDEBTEDNESS FROM AVAILABLE MUNICIPAL REVENUES PROVIDING FOR THE EXECUTION OF DOCUMENTS AUTHORIZING FURTHER OFFICIAL ACTION SPECIFYING GOVERNING LAW PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE , 4 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE ENACTED PURSUANT TO SECTION 403 OF THE VILLAGE CHAR TER CREATING THE COMMUNITY DEVELOPMENT DEPARTMENT ECONOMIC DEVELOPMENT DEPARTMENT FINANCE AND ADMINISTRATIVE SERVICES RECREATION DEPARTMENT POLICE DEPARTMENT AND PUBUC WORKS DEPARTMENT PRO- VIDING FOR SEVERABILITY INCLUSION IN THE CODE AND AN EFFECTIVE DATE Interested parties are invited to appear and be heard Copses of the proposed ordinances may be obtained at Village Hall Office of the Village Clerk 85 West McIntyre Street Key Biscayne Ronda 33149. ~- Should any person desire to appeal any decision of the Village Council with respect to any matter to be considered at this meet ing that person shall insure that a verbatim record of the proceed ings is made including all testimony and evidence upon which any appeal may be based (F S 286 0105) 5/14 Guido H Inguanzo Jr Village Clerk 93-4-051403M ORDINANCE NO 93-7 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ESTABLISHING A QUALIFYING PERIOD FOR CANDIDATES RUNNING FOR ELECTION, PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS, PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE WHEREAS, Section 8 03 of the Village Charter incorporates all code provisions, ordinances and resolutions contained in the Code of Metropolitan Dade County (the "County Code") on the date of the adoption of the Village Charter, and WHEREAS, this Council wants to repeal any conflicting provisions of the County Code pertaining to qualifying periods for candidates running for election, and establish its own qualifying period for candidates, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 That the Code of the Village of Key Biscayne is hereby amended by adding a new section which shall read as follows Qua,. i fyrncg ,P9,ri od Candidates for the office of Mayor or Village Council shall qualify with the Village Clerk no earlier than noon on the 55th day and no later than noon on the 45th day prior to the date of the election in the method provided for in the village Charter or Code, and under the rules of elections prescribed in the Florida Statutes. Highlighted text has been added to existing language, struck through text has been deleted from existing language Section 2 Repeal of Conflicting Provisions That any conflicting provisions, ordinances or resolutions of the County Code, as made applicable to the Village by Section 8 03 of the Village Charter are hereby repealed in their entirety 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 Inclusion in the Code It is the intention of the Village Council, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Village of Key Biscayne Code, that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions, and that the word "Ordinance" shall be changed to "Section" or other appropriate word Section 5 Effective Date This Ordinance shall be effective upon adoption on second reading PASSED AND ADOPTED on first reading this llth day of May , 1993 2 PASSED AND ADOPTED on second reading this 25th day of May , 1993 RAFAEL,H1 CONTE, MAYOR ATTEST Village Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENC RICHARD JAY WEISS, VILLAGE ATTORNEY lad\keybisca\ord\qualify 103 001 3 VILLAGE OF KEY BISCAYNE PUBLIC NOTICE MIAMI REVIEW Published Daily except Saturday Sunday and Legal Holidays Miami Dade County Florida STATE OF FLORIDA COUNTY OF DADE Before the undersigned authority personally appeared Sookie Williams who on oath says that she is the Vice President of Legal Advertising of the Miami Review a daily (except Saturday Sunday and Legal Holidays) newspaper published at Miami in Dade County Florida that the attached copy of advertisement being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE ORDINANCES WILL BE CONSIDERED AT A MEETING TO BE HELD ON May 25, 1993 X X X Court was published in said newspaper in the issues of May 14, 1993 Affiant further says that the said Miami Review is a newspaper published at Miami in said Dade County Fionda and that the said newspaper has heretofore been continuously published in said 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 Dads Coun nda for a period of one year next preceding the first licat n of the attached copy of advertisement• and afftant rther s that she has neither paid nor promised any perso firm • corporation any discount rebate commission or ref rid f • the purpose of secunng this advertisement for pubs • do n the said spaper 14th day 01 (SEAL) Sookie lJ Sworn to and subscribed before me this ,•• •. rfl 19 93 \f# Williams personally knowrfl;Io, riii" '1 Ty .'ljF OF TLa1;L e ofnc1AL NOTARY SEAL CRISTINA tNGkLMO COW M ISsION C 0 CC I C Mt MY COMMISSION EXP APR 3 +41% Notice is hereby given that the following ordinances will be considered on Second Reading by the Key Biscayne Village Coun 1 cil at a meeting to be held on Tuesday May 25 1993 at 7 00 pm at the Council Chamber 85 West McIntyre Street Second Floor Key Biscayne Florida 1 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE FLOR IDA ESTABLISHING A QUALIFYING PERIOD FOR CANDIDATES RUNNING FOR ELECTION PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS PROVIDING FOR SEVERABILITY INCLUSION IN THE CODE AND AN EFFECTIVE DATE 2 AN ORDINANCE OF THE VILLAGE OF KEY BISCANYE FLOR IDA PROVIDING THAT THE VILLAGE CLERK SHALL CANVASS ELECTION RETURNS WITH THE ASSISTANCE OF THE DADE COUNTY SUPERVISOR OF ELECTIONS PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS PROVIDING FOR SEVERABILITY INCLUSION IN THE CODE AND AN EFFECTIVE DATE 3 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE FLOR IDA AUTHORIZING THE INCURRING OF INDEBTEDNESS IN THE AMOUNT NOT TO EXCEED $1 000 000 PROVIDING FOR THE APPROVAL OF THE SPECIFIC TERMS AND CONDITIONS OF SUCH INDEBTEDNESS BY RESOLUTION ADOPTED BY THE VILLAGE COUNCIL, PROVIDING FOR REPAYMENT OF SAID INDEBTEDNESS FROM AVAILABLE MUNICIPAL REVENUES PROVIDING FOR THE EXECUTION OF DOCUMENTS AUTHORIZING FURTHER OFFICIAL ACTION SPECIFYING GOVERNING LAW PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE 4 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE ENACTED PURSUANT TO SECTION 403 OF THE VILLAGE CHAR TER CREATING THE COMMUNITY DEVELOPMENT DEPARTMENT ECONOMIC DEVELOPMENT DEPARTMENT FINANCE AND ADMINISTRATIVE SERVICES RECREATION DEPARTMENT POLICE DEPARTMENT AND PUBLIC WORKS DEPARTMENT PRO- VIDING FOR SEVERABILITY INCLUSION IN THE CODE AND AN EFFECTIVE DATE Interested parties are invited to appear and be heard Copies of the proposed ordinances may be obtained at Village Hall Office of the Village Clerk 85 West McIntyre Street Key Biscayne Flonda 33149 Should any person desire to appeal any decision of the Village Council with respect to any matter to be considered at this meet ing that person shall insure that a verbatim record of the proceed ings is made including all testimony and evidence upon which any appeal may be based (F S 286 0105) Guido H Inguanzo Jr Village Clerk 5114 93-4-051403M ORDINANCE NO 93-6 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE ENACTED PURSUANT TO SECTION 4 03 OF THE VILLAGE CHARTER, CREATING THE COMMUNITY DEVELOPMENT DEPARTMENT, ECONOMIC DEVELOPMENT DEPARTMENT, FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT, RECREATION DEPARTMENT, EMERGENCY SERVICES DEPARTMENT, AND PUBLIC WORKS DEPARTMENT, PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE WHEREAS, Section 4 03 of the Village Charter requires that departments of the Village be established by ordinance, and WHEREAS, the Village government has developed to the extent that the creation of departments is necessary and appropriate, NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS Section 1 Created The following departments within the Village of Key Biscayne are hereby created 1 Community Development Department, 2 Economic Development Department, 3 Finance and Administrative Services Department, 4 Recreation Department, 5 Emergency Services Department, and 6 Public Works Department Section 2 "Sunset" Review of Departments Commencing May 1, 1996 and every three years thereafter, each department shall be reviewed by the Village Council pursuant to the following criteria a Whether the department is serving the purpose for which it was created, and b Whether the department is serving the current needs of the Village residents and the community, and c Whether the department has met its goals and objectives, and d Whether there is any other department, board or entity, either public or private, which would better serve the function of the department, and e Whether the department is operating within its prescribed budget In conducting its review of each department, the Council shall consider the criteria set forth herein, together with any reports or presentations made to the Council by the departments and any recommendations or comments submitted by the Village Manager Following such review, the Council shall determine whether to abolish, continue, consolidate or modify each department for the next three year period 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 Inclusion in the Code It is the intention of the Village Council, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances, Village of Key Biscayne, that the sections of this Ordinance may be renumbered or relettered to accomplish such intention, and that the word "Ordinance" may be changed to "Section" or other appropriate word Section 5 Effective Date This Ordinance shall be effective upon adoption on second reading PASSED AND ADOPTED on first reading this 27th day of April. , 1993 PASSED AND ADOPTED on second reading this 25th day of May , 1993 kf‘i RAFAEL ATTEST e fi' t _------ Village Clerk CONTE, MAYOR APPROVED AS TO FORM AND LEGAL SUFFICIENCY Richard Jay Weiss, Village Attorney 3 VILLAGE OP KEY BISCAYNE PUBUC NOTICE MIAMI REVIEW Published Daily except Saturday Sunday and Legal Holidays Miami Dade County Florida STATE OF FLORIDA COUNTY OF DADE Before the undersigned authority personally appeared Sookie Williams who on oath says that she is the Vice President of Legal Advertising of the Miami Review a daily (except Saturday Sunday and Legal Holidays) newspaper published at Miami in Dade County Florida that the attached copy of advertisement being a Legal Advertisement of Notice In the matter of VILLAGE OF KEY BISCAYNE ORDINANCES WILL BE CONSIDERED AT A MEETING TO BE HELD ON May 25, 1993 X X X Court was published in said newspaper in the issues of May 14, 1993 Affiant further says that the said Miami Review is a newspaper published at Miami in said Dade County Flonda and that the said newspaper has heretofore been continuously published in said 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 Dade Coun • ride for a penod of one year next preceding the first • licat n of the attached copy of advertisement and affiant rther s that she has neither paid nor promised any perso firm corporation any discount rebate commission or ref rid f • the purpose of secunng this advertisement for publ • do n the said i Min 14 th day of (SEAL) Sookie Williams ft Sworn to and subscribed before me this r at9 93 ti f r ii personally knownttOt i \Q '7'F OF FLOC' ofFtc1AL 'Y(TARY SEAL CRIlSTINA LNGkLMO COy'i, SSION 0 C(.1(10131 MY cOt.CAISSION EJ(P APR 5 1 • Notice is hereby given that the following ordinances will be considered on Second Reading by the Key Biscayne Village Coun cii at a meeting to be held on Tuesday May 25 1993 at 7 00 pm at the Council Chamber 85 West McIntyre Street Second Floor Key Biscayne Florida 1 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE FLOR IDA ESTABLISHING A QUALIFYING PERIOD FOR CANDIDATES RUNNING FOR ELECTION PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS PROVIDING FOR SEVERABILITY INCLUSION IN THE CODE AND AN EFFECTIVE DATE 2 AN ORDINANCE OF THE VILLAGE OF KEY BISCANYE FLOR IDA PROVIDING THAT THE VILLAGE CLERK SHALL CANVASS ELECTION RETURNS WITH THE ASSISTANCE OF THE DADE COUNTY SUPERVISOR OF ELECTIONS PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS PROVIDING FOR SEVERABILITY INCLUSION IN THE CODE AND AN EFFECTIVE DATE 3 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE FLOR IDA AUTHORIZING THE INCURRING OF INDEBTEDNESS IN THE AMOUNT NOT TO EXCEED Si 000 000 PROVIDING FOR THE APPROVAL OF THE SPECIFIC TERMS AND CONDITIONS OF SUCH INDEBTEDNESS BY RESOLUTION ADOPTED BY THE VILLAGE COUNCIL PROVIDING FOR REPAYMENT OF SAID INDEBTEDNESS FROM AVAILABLE MUNICIPAL REVENUES PROVIDING FOR THE EXECUTION OF DOCUMENTS AUTHORIZING FURTHER OFFICIAL ACTION SPECIFYING GOVERNING LAW PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE 4 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE ENACTED PURSUANT TO SECTION 403 OF THE VILLAGE CHAR TER CREATING THE COMMUNITY DEVELOPMENT DEPARTMENT ECONOMIC DEVELOPMENT DEPARTMENT FINANCE AND ADMINISTRATIVE SERVICES RECREATION DEPARTMENT POLICE DEPARTMENT AND PUBUC WORKS DEPARTMENT PRO- VIDING FOR SEVERABILITY INCLUSION IN THE CODE AND AN EFFECTIVE DATE Interested parties are invited to appear and be heard Copies of the proposed ordinances may be obtained at Village Hall Office of the Village Clerk 85 West McIntyre Street Key Biscayne Flonda 33149 ` ' Y Should any person desire to appeal any decision of the Village Council with respect to any matter to be considered at this meet ing that person shall insure that a verbatim record of the proceed ings is made including all testimony and evidence upon which any appeal may be based (F S 286 0105) Guido H Inguanzo Jr Village Clerk 5/14 93-4-051403M MIAMI REVIEW Published Daily except Saturday Sunday and Legal Holidays Miami Dade County Florida STATE OF FLORIDA COUNTY OF DADE Before the undersigned authority personally appeared Octelma V Ferbeyre who on oath says that she Is the Super visor Legal Notices of the Miami Review a daily (except Saturday Sunday and Legal Holidays) newspaper published at Miami in Dade County Florida that the attached copy of advertisement being a Legal Advertisement of Notice in the matter of Village of Key Biscayne TTeeting Aay 11, 1993 (SEE ATTACHED) he X. X X Court 4 published in said newspaper in the issues of April 30, 1993 Afflant further says that the said Miami Review is a newspaper published at Miami in said Dade County Florida and that the said newspaper has heretofore been continuously published in said Dads County Florida each day (except Saturday Sunday and Legal Holidays) and has been entered as second class mall matter at the post office in Miami in said Dade County Florida for a period of one next preceding the first publication of the attached co• adv lament and affiant furth r says that she has ne r fd no promised any person or corporation any • u reba commission or of d fg& the pu • • of ment for publ Sworn to and subscribed before me this 3 0 day of (SEAL) A D 19 9 3 Octelma V Ferbeyl'o ' • ,1*. • Itwn to me ``OF R0' OFFICIAL NOTARY SEAL C I TINA I\CFL\1O C r)M\tl',SION \O CC 081 MY CO' l'4b,jON EAP AIR 995 Page 1 of 2 VILLAGE OF KEY BISCAYNE,. PUBLIC NOTICE ?, r A ; ..t , Notice is hereby given that the following ordinance will be cons fT on Second Reading by the Key Biscayne Village Council at a meet to°be held on Tuesday, May 11, 1993, at 7 00 p m , at the Council Char r elr; 85 West McIntyre Street, Second Floor, Key Biscayne, Florida �" AN ORDINANCE OF THE VILLAGE OF KEY BJSCAYNE ENACTED PURSUANT TO SECTION 4 03 OF THE VILLAGIECtHARTEI4 APING THE COMMUNITY DEVELOPMENT' DEPART NOMIC DEVELOPMENT DEPARTMENT, FINANCE AND ADM TRATIVE SERVICES DEPARTMENT, RECREATION DEPARTME,110044' POLICE DEPARTMENT, AND PUBLICAVOIM # VIDING FOR SEVERABILITY, INCLUSION WINECOD EFFECTIVE DATE. Interested parties are invited to appear and be beard Copies ordinance may be obtained at Village Hall, Office (*the Village 'West McIntyre Street, Key Biscayne, Ft AZ49 o Any person wishing to appeal any d ""litadtertliel with resepect to any matter considered at this meeting will need a, of the proceeding, and for such purposes, may need to ensure - verbatim record of the proceedings is made which record Inc testimony and evidence upon which appeal is made h`' Guido H Inguanzo, Jr Village Clerk 4/30 011. 934oaernrf Page 2 of 2 ORDINANCE NO 93-5 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE 1992- 1993 VILLAGE BUDGET AS PROVIDED FOR ON EXHIBIT "A", PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the 1992-1993 Village budget was adopted pursuant to the Village Charter and based upon estimates of revenues and expenses in various categories, and WHEREAS, as a result of operations during the fiscal, certain changes are necessary in various categories for fiscal year 1992- 1993, NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 Budget Amendments Approved and Adopted The Budget of the Village of Key Biscayne for fiscal year 1992-1993 is hereby amended as outlined in Exhibit "A" to this ordinance Section 2 Effective Date This ordinance shall become effective upon adoption on second reading PASSED AND ADOPTED on first reading this 13th day of April , 1993 PASSED AND ADOPTED on second reading this 27th day of April , 1993 MAYOR RAFAEL CONTE ATTEST(' VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY VILLAGE ATTORNEY EXHIBIT "A" VILLAGE OF KEY BISCAYNE AMENDMENT TO BUDGET ORDINANCE 93 -5 DESCRIPTION Budget Transfers ADMINISTRATION Retrmnt Contrib Hlth & Life Ins Other Prof Fees Court Costs & Fees Unemployment Tax Postage/Freight Liability Ins Office Equipment Payroll Taxes Worker's Comp Salaries, Other Committee Expenses Leased Equipment Community Aff Sec Community Dev Sec Totals, Admin POLICE Salaries Fringe Benefits Payroll Taxes Retirement Contr Life,Health,Dis Ins Worker,s Comp Ins Unemployment Tax Recruiting, Hiring Office Supplie Totals, Police BUDGET INCREASES GRANTS Economic Development Crandon Boulevard Master Plan Miami Conv Bureau INITIAL BUDGET $ 7,425 15,517 5,000 3,000 7,500 2,500 20,000 10,000 30,000 5,000 95,500 5,000 5,000 20,000 20,000 $251,442 $628,250 258,502 $886,752 EXPENSES Economic Developmen Salaries Fringe Benefits Promotional Activities Crandon Boulevard Landscape Architect Contractual Services Master Plan AMENDED INCREASE DECREASE BUDGET $ 26,000 20,000 12,000 2,000 1,500 2,500 11,000 5,000 $81,000 3,000 3,500 48,000 4,000 4,000 8,500 9,000 $81,000 $ 50,000 191,500 45,000 60,000 50,000 35,000 1,500 35,000 15,000 $241,500 $241,500 $ 50,000 156,200 11,600 25,000 $242,800 $ 40,000 10,000 25,000 20,000 136,500 11,600 $242,800 $ 33,425 35,517 17,000 5,000 9,000 5,000 31,000 15,000 27,000 1,500 47,500 1,000 1 000 11,500 11 000 $251,442 $578,250 67,002 45,000 60,000 50,000 35,000 1,500 35,000 15,000 $886,752 MIAMI REVIEW Published Daily except Saturday Sunday and Legal Holidays Miami Dade County Florida STATE OF FLORIDA COUNTY OF DADE Before the undersigned authority personally appeared Octslma V Ferbeyrs who on oath says that she is the Super visor Legal Notices of the Miami Review a daily (except Saturday Sunday and Legal Holidays) newspaper published at Miami in Dade County Florida that the attached copy of advertisement being a Legal Advertisement of Notice In the matter of VILLAGE OF KEY BISCAYNE meeting on April 27, 1993 RE AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE 1992-1993 VILLAGE BUDGET, etc x x x the was published in said newspaper in the issues of April 19, 1993 Court Affiant further says that the said Miami Review Is a newspaper published at Miami In said Dade County Florida and that the said newspaper has heretofore been continuously published in said 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 Dade County Florida for a period of one ear next preceding the first publication of the attached o dvertisement and afflant furth says that she has r paid nor promised any person fi or corporation a unt r bate commission or refu forme purpos s ng thi advertisement for publication ,ln e s (SEAL) Octelma V Ferbeyr Sworn to and tsub ribed before me this AD 19 93 OFFICIAL NOTAR" SEA AGNES E PENA 10519etlYPIEMPLAIEt4fPM OF FLORIDA COMMI5SI0L. NO CC i''21C8 MY COMMbSION EXP AN 61°96 VILLAGE OF KEY BISCAYNE MIL* Notice is'� foitowlflg ordinance Istlitoff sidered on. Second Read by the Key -fiii'scayne Village Okla cilataaseeting¢ on Tueedaiy PO 9 PAL, Ftogrs k 1 to of and �� at tl Office_ West,'N nti►r M=0* ._ Any person yrbhif any decision by Council watt♦ zes met tat ti° ldd" ct, t meeting will need airectigl proceeding, ,,*rtd f'oc .;euch.,, that aeY4c4a>`lm;�or�dr10 ofsi� � proceedings la made . } iA-4 record jpcluds th. jio' anti-iiviOncelppont appeal Is rrlsds Guido H Inguanzo Jr Village Clerk 4/19 93d-041974AA_ ORDINANCE NO 93-4 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE AMENDING THE CODE OF ORDINANCES BY ADDING A CHAPTER ENTITLED "SIGNS", PROVIDING FOR THE PURPOSE OF THE ORDINANCE, PROVIDING DEFINITIONS, SETTING FORTH PROHIBITED SIGNS, SETTING FORTH REQUIRED SIGNS, PROVIDING FOR THOSE SIGNS THAT MAY BE ERECTED WITHOUT PERMIT, PROVIDING FOR REGULATIONS FOR PERMANENT SIGNS IN RESIDENTIAL DISTRICTS, PROVIDING FOR REGULATIONS FOR PERMANENT SIGNS IN NON-RESIDENTIAL DISTRICTS, PROVIDING FOR TEMPORARY SIGNS, PROVIDING FOR SUPPLEMENTAL SIGN REGULATIONS, PROVIDING A PROCEDURE FOR OBTAINING SIGN PERMITS, PROVIDING FOR AMORTIZATION OF LEGAL NON -CONFORMING SIGNS, PROVIDING FOR SIGN MAINTENANCE, PROVIDING A PROCEDURE FOR THE REMOVAL OF IMPROPER SIGNS, PROVIDING FOR THE REPEAL OF CONFLICTING PROVISIONS, PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE WHEREAS, Florida Statutes Section 163 3202 requires a municipality to adopt land development regulations consistent with its comprehensive plan, and WHEREAS, Florida Statutes Section 163 3202(f) provides that such land development regulations shall include a sign code, and WHEREAS, it is the intent of the Village Council to adopt a sign code that both prevents the degradation of the aesthetic attractiveness of the Village and promotes the safety of motorists, pedestrians, cyclists and other users of the public streets, and WHEREAS, the proposed ordinance has been advertised in conformance with Florida Statutes Section 166 041(c) relating to zoning ordinances, and WHEREAS, this Council finds that this proposed sign ordinance will promote the health, safety and welfare of the citizens of the Village, NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS Section 1 That the Code of the Village of Key Biscayne is hereby amended by adding a new chapter as follows "Chapter Signs" Sec 1 Purpose The purpose of this ordinance is to promote and protect the public health, safety and general welfare of the Village of Key Biscayne by regulating existing and proposed signs and other street graphics within the Village In particular, this ordinance is intended to preserve the unique aesthetic character of the Village and ensure that signs are compatible with their surroundings It is further intended to protect property values, create a better business climate, enhance the physical appearance of the community, preserve the natural beauty of the Village and improve vehicular and pedestrian safety and reduce visual pollution Sec 2 Definitions (a) Abandoned Sign A sign is considered abandoned if a business or other purpose advertised on that sign is no longer licensed, no longer has a certificate of occupancy or is no longer doing business at that location (b) Animated Sign A sign that uses motion of any part by any means, or that displays flashing, oscillating, sequential or intermittent lights other than time or temperature (c) Awning Sign A sign placed on an awning that is supported entirely from the exterior wall of a building and composed of a non -rigid material, except for the supporting framework (d) Balloon Sign Any sign of fabric type material, inflated by air to a point of semi -rigidity for the purpose of floating above the ground or building 2 (e) Banner Sign A sign having characters, letters or illustrations applied to cloth, plastic, paper or fabric of any kind with only such material for backing (f) Box Wall Sign A Wall Sign that consists of a box made of plastic, metal, wood or similar material which is mounted on the wall (g) Bunting Any kind of pennant, streamer or other similar fabric decoration (h) Building Frontage The horizontal ground floor distance from one end of the building to the other, parallel to the designated front lot line of the property, as determined by the Director (1) Bus Bench Sign Any Sign painted on or attached to a bench or to a shelter for persons awaiting public transportation (j) Canopy Sign A Sign hanging underneath a pedestrian shelter canopy in a multi -tenant commercial structure (k) Changeable Copy Sign A Sign displaying messages that can be, or are intended to be, changed by use of removable letters and numerals (1) Construction Sign A Sign designating the names of a general contractor, architect, engineer or similar firm involved in undertaking improvements to an existing building or to new construction (m) Copy Area See Sign Area (n) Detached Sign A Sign that is not attached to or painted on a building, but that is affixed to a supporting structure that is attached to the ground by a concrete foundation (o) Development Identification Sign A Sign that is permitted to be installed on a building or around the perimeter of a residential development or neighborhood identifying the name of that building, development or neighborhood (p) Director The Director of the Key Biscayne Department of Community Development (q) Directory Sign An index consisting of the names of tenants of an office building, shopping center or other multi -tenant business complex 3 (r) Facade The face of a building from the ground to the roof line (s) Flag Any fabric containing distinctive colors, patterns, or symbols used as a symbol of a government, political subdivision or other similar entity (t) Government Instructional Sign See Instructional Sign (u) Ground Sign See Monument Sign (v) Externally Illuminated Sign Any Sign illuminated by shielded electric lights (including reverse channel lighting and backlighting) which are not part of the sign (w) Internally Illuminated Sign Any Sign having translucent characters, letters, designs, logos or outlines illuminated by electric lights located within the sign or luminous tubes designed for that purpose (x) Instructional Sign (1) A noncommercial Sign permanently erected and/or maintained by the Village, the County or State, or any agency thereof Such Sign shall include legal notices, identification and information (See also "Governmental Instructional Sign") (2) A noncommercial sign located on and relating to an activity on the premises upon which the Sign is located, providing information to pedestrian and vehicular traffic, e q , "entrance," "exit," "caution" and "no (3) trespassing 11 A Sign within a development, or at the entrance(s) thereto, showing the name(s) and directions to the location(s) of the subdivisions comprising the development, the sales office, etc (y) Model Sign A Sign that designates a particular dwelling unit that is exhibited to depict other units of a similar design that are for sale or rent (z) Monument Sign Any freestanding solid monument structure containing a Sign face that is supported solely by its own ground -mounted base (or two pole -like supports not to exceed 18 inches in height) and that is 4 not attached or affixed in any way to a building or other structure (aa) Multitenant Center Any shopping center, office center or business center in which two or more occupancies abut each other on the site or share common parking facilities or driveways or are otherwise related (bb) Nonconforming Sign (legal) A Sign existing within the Village limits upon the effective date of this ordinance which does not conform to the requirements of this ordinance (cc) Off -Premise Sign/Billboards Any Sign advertising a commercial establishment, activity, product, service or entertainment that is sold, produced, manufactured, available or furnished at a place other than on the property upon which the Sign is located (dd) Pole Sign Any Sign erected upon a pole, and which is wholly independent of any building and/or other structure for support (ee) Political Sign Any Sign that indicates the name, cause or affiliation of anyone seeking public office or that describes an issue for which a public election is scheduled to be held (ff) Political Sign Sponsor Any person or organization who erects or causes to be erected a Sign describing an issue for which a public election is scheduled to be held (gg) Portable Sign Any Sign not permanently attached to the ground or other permanent structure or any sign designed to be transported Portable Signs shall include, but not be limited to, Signs designed to be transported by means of wheels, skid -mounted Signs, Signs converted to A- or T -frames, Menu and Sandwich Signs, balloons used as Signs, and Signs attached to or painted on vehicles parked for the purpose of providing advertising, close to or on the public right-of-way, unless such vehicle is used in the normal day-to-day operations of the business or the Sign Area is less than two square feet per side or there is no reasonable alternative storage space for the vehicle (hh) Projecting Sign A Sign directly attached to and extending from a building or other structure by more than 15 inches 5 (ii) Real Estate Sign A temporary Sign erected on -site by the owner or his agent, indicating property which is for rent, lease or sale, open for inspection, shown by appointment only or such similar announcement (jj) Reverse Channel Wall Sign Opaque individual letters or numbers that are mounted directly on the wall with lighting within the letter or number so that they reflect off of the wall, i e , reverse lighting (kk) Roof Sign A Sign that is painted on or erected over, across or on the roof of any building and that is dependent on the roof, parapet or upper walls of a building for support (11) Sign Any structure and all parts composing the same, together with the frame, background or support therefor, that is used for identification, advertising, informational or display purposes or any statuary, sculpture molding, casting or other objects used for identification, informational, advertising or display purposes Merchandise, vehicles or equipment used as an attention attractor or advertising device, with or without a printed message, shall be considered a Sign (mm) Sign Area The square foot area enclosed by the perimeter of the Sign structure, and including borders and framing When a Sign is composed of individual letters, symbols or logos only, the Sign Area is the area enclosed by a perimeter line (forming a single rectangle or square) enclosing all letters, symbols and logos, and shall be measured to the furthest point In the case of a Monument Sign, the Sign Area is the square foot area from the ground to the maximum height times width (nn) Sign Height The height of the Sign measured from the finished ground elevation to the top extremity of the Sign If the area around the Sign is bermed, then the height of the Sign is determined from the crown of the fronting street (oo) Snipe Sign A Sign that is tacked, nailed, posted, pasted, glued or otherwise attached to trees, poles, stakes, walls, trash receptacles or fences, or to other objects Legal notices required by law are exempted (pp) Swinging Sign The term "swinging sign" shall mean any Sign that swings freely from or on supports regardless of the guy wires used in connection therewith This shall include any Sign that rotates or revolves 6 (qq) Temporary Sign Any Sign to be displayed for a limited period as specified in Section 8 of this Ordinance A Temporary Sign shall be displayed only on the site to which it applies (rr) Time and Temperature Sign A display containing illuminated numerals flashing alternately to show the time and/or temperature (ss) V -Sign A freestanding Sign with two sides angled rather than parallel and flush The spread of the V at the open end shall not be greater than the length of its narrowest side (tt) Wall Sign A Sign which is affixed to or painted on and flat against an exterior wall, facia, cantilever or marquee of any building that is parallel thereto and supported by such wall, facia, cantilever, marquee or building No Wall Sign shall project higher than the top of the wall, facia or building and no sign shall be attached to a decorative architectural feature (uu) Window Sign A Sign attached to or painted on the inside of a store front window or door Sec 3 Prohibited Signs The following are prohibited in the Village (a) Abandoned Signs (b) Animated Signs (c) Balloon Signs (d) Box Wall Signs (e) Buntings (f) Bus Bench Signs (g) Flags other than one United States flag and one other non-commercial flag together on a pole not to exceed 20 feet in height, one pole each permitted per building (h) Neon Signs (other than Reverse Channel and Wall Signs where permitted) and neon building trim (1) Off -premise Signs/Billboards (j) Pole Signs (k) Portable Signs (1) Projecting Signs, except Canopy Signs (m) Roof Signs (n) Snipe Signs (0) Swinging Signs (p) All Signs except those placed by governmental agencies located on public property 7 (q) Any Sign on a utility pole except for the purpose of utility identification (r) Any Sign that could be confused with a traffic signal or traffic sign (s) Any Sign that in the opinion of the Director constitutes a safety hazard (t) Any private Sign extending over a public right-of- way Sec 4 Required Signs The following Signs shall be placed where relevant by a property owner (a) Safety Signs Fire safety markings as may be prescribed by fire authorities (b) House Numbers (1) Residential building with four dwelling units or less - address numerals at least four inches high but not greater than ten inches (2) Residential building with more than four dwelling units and non-residential buildings - address numerals at least ten inches high (c) Handicapped Parking and Access Signs In accordance with State handicapped parking and Federal Disabilities Act access requirements Sec 5 Signs Not Requiring a Permit The following Signs do not require a sign permit (a) A Government Instructional Sign (b) Temporary holiday decorations, provided they carry no advertising matter, and further provided that they are not up more than 45 days for a single holiday and are removed seven days after the holiday ends (c) Temporary Signs for special events by non-profit entities, subject to approval by the Director 8 (d) No -trespassing and no -dumping Signs not to exceed one and one-half square feet in area per sign and not to exceed four per lot, except that special permission may be obtained from the Director for additional signs under proven special circumstances (e) Certain temporary Signs as specified in Section 8 hereof Sec 6 Residential District Permanent Signs The following Signs are authorized in all residential districts and residential -office districts (a) Development Identification Sign (Village Council approval required) Permitted only for a) multifamily buildings with over 25 units, b) single-family developments with over 25 units, c) religious institutions, schools and public uses Where multifamily dwellings are part of a larger development, there shall be only one such Sign on each public street frontage on which the development faces Prior to the issuance of a permit, the owner shall covenant that such Sign shall be continually and properly maintained •Number (maximum) •Area (maximum) •Sign Height (maximum) •Setback (minimum) •Illumination •Changeable Copy Sign (b) Instructional Sign (1) •Number •Area (maximum) •Sign Height (maximum) 1 Monument Sign (or Sign mounted on perimeter wall) per street frontage, except 2 are permitted where attached to wall of symmetrical entrance feature 16 sq ft (aggregate if 2 signs) 4 ft 5 ft from right of way 15 ft from side property line Externally Illuminated Signs only Signs for religious institutions only To be approved as part of site plan 4 sq ft 2 ft 9 " Other restrictions No advertising copy or logos {')Sign permit not required but number and location must be approved as part of site plan Sec 7 Non-residential District Signs The following Signs are authorized in all non-residential districts in the Village (a) Monument Sign or V -Sign (Village Council approval required) " Number (maximum) 1 per parcel, parcel must have frontage of at least 150 feet on a public street(') " Area (maximum) 300 ft or more of parcel frontage 24 sq ft Less than 300 ft of Building Frontage 16 sq ft Sign Height (maximum) 4 ft Setback (minimum) From right of way line 5 ft From side property line 20 ft Illumination Externally Illuminated Sign only Supplemental provisions Option on number signs if parcel has 300 or more feet of Building Frontage and two two-way access points 2 signs each 12 sq ft or less Time and Temperature Sign authorized within total permitted Sign area Landscaping and visibility sight triangle on corner lot See Section 9(f) of this Ordinance (b) Wall Sign (permitted only on buildings where the majority of the floor area is in retail use, Village Council approval required) " Type Reverse Channel Wall Sign only " Number (maximum) (2) 1 per ground or second floor establishment which has its own frontage and entrance facing a public street(3) 10 " Area (maximum) 1 sq ft for each 1 lineal ft of Building Frontage " Illumination See definition of Reverse Channel Wall Sign " Supplemental provisions See Section 9(d) of this Ordinance for gas station provisions (c) Canopy Sign " Number (maximum) " Area (maximum) " Minimum clearance above ground " Must be rigidly attached 1 per establishment 4 sq ft 8 ft (d) Awning Sign (permitted only in lieu of Wall Sign, Village Council approval required) " Number 1 per establishment " Lettering 1 line, letters not to exceed 9 in in height " Logo (e) Directory Sign " Number (maximum) (f) " Area (maximum) " Location " Illumination Window Sign (permanent) " Number (maximum) " Area (maximum) Maximum of 6 sq ft 1 per multi -tenant building, in addition to other permitted Signs 32 sq ft On building wall (or freestanding within internal courtyard) Externally or Internally Illuminated Signs 1 per establishment 4 sq ft 11 (g) Instructional Sign •Number To be approved as part of site plan •Area (maximum) •Height (maximum) •Other restrictions 4 sq ft 2 ft No advertising copy ('Subdivision of an existing building or planned building group shall not entitle the new parcels to additional Monument Signs (2)In the case of a Multitenant Center, Wall Signs are permitted on walls that face an access drive or internal courtyard (3)If the Building Frontage requirement for a Monument Sign precludes an office building from having a Monument Sign, one building identification Wall Sign that otherwise meets the Wall Sign standards is authorized Sec 8 Temporary Signs The following Temporary Signs are authorized in the Village Residential Non -Residential District District (a) Grand opening or seasonal Banner Sign (permit from Director required) •Number (maximum) •Area (maximum) •Sign Height (maximum) •Length of display (b) Real Estate Signs •Number (maximum) •Area (maximum) •Sign Height (maximum) •Setback (minimum) (c) Construction Sign •Number (maximum) •Area (maximum) •Sign Height (maximum) 1 per project 1 per lot except two establishments per calendar year in a multi -tenant building 20 sq ft 4 ft 14 days 20 sq ft 4 ft 14 days 2 per lot 1 per lot 40 sq in each 4 sq ft 4 ft 4 ft 5 ft 5 ft 1 per lot 4 sq ft 4 ft 12 1 per lot 4 sq ft 4 ft " Setback (minimum) " Length of display (d) Model Sign " Number (maximum) " Area (maximum) " Sign Height (maximum) " Model arrow signs 5 ft During remo- deling or construction 5 ft During remodeling or construction 1 per model [Not applicable] unit lot and 1 per office lot 4 sq ft 4 ft 3 per development not to exceed 2 sq ft each " Flags Not permitted " Time limit (e) Window Sign, temporary (f) (g) Until certificate of completion/occupancy is issued for last house in development " Area (maximum) Not permitted 10% of window area up to a maximum of 10 sq ft " Time limit Garage sale sign " Number (maximum) " Area (maximum) " Height (maximum) " Length of display 1 per lot on -site 6 sq ft 4 ft 14 days Not permitted Max of 1 weekend during 6 month period Political Sign (see section 9(h) for supplemental provisions) " Area (maximum) 24 sq ft 24 sq ft " Sign Height (maximum) 6 ft 6 ft " Setback (minimum) 5 ft from 5 ft from right of way right of way 13 Sec 9 Supplemental Regulations (a) Multitenant Center Sign Graphics Criteria (1) The owner of a Multitenant Center shall submit to the Director a written statement of the uniform Sign graphics criteria of the Multitenant Center The Director shall review the criteria and make a recommendation to the Village Council, which shall have final approval Once the criteria have been approved, it shall apply to the entire center, as well as to each individual occupant, and shall remain in effect for so long as the center exists, regardless of a change in ownership or management, unless and until the owner obtains a new uniform Sign graphics criteria approval from the Village Council Uniform Sign graphics criteria shall include, but not be limited to, color(s), type of Sign, style of letters, size of letters (maximum or minimum) and size of Sign (2) A Sign application for any portion of a Multitenant Center shall contain a written description of the uniform Sign graphics criteria established at the Multitenant Center and a sketch thereof This shall apply to application for all types of Signs to be displayed at the location Written consent of the owner of the Multitenant Center shall accompany all such applications (b) Design Review Guidelines In reviewing Monument, Wall, Awning or Development Identification Signs, the Village Council shall use the following design review criteria (1) Number of items No more than five items shall be contained in any one sign (2) Entrance feature An entrance feature shall not be designed so as to effectively increase the size of a Sign (3) Legibility All Signs shall be designed to be clearly legible (4) Architectural features Signs shall not be placed on decorative architectural features (5) Building compatibility The material and colors of all Signs shall be compatible with the materials and colors of the building 14 (6) Illumination of buildings by Externally Illuminated Signs There shall be no such illumination of buildings facing residential properties The illumination of other buildings by Externally Illuminated Signs shall not be brighter than the standard for parking lot and grounds lighting (c) Changeable Copy Signs (1) In general Changeable Copy Signs are permitted to be used only for theaters, other entertainment businesses, hotels, religious institutions, drive -through establishments, and gasoline service stations, subject to the restrictions in subsection (2) below (2) Drive -through Drive -through establishments shall be permitted to have a Changeable Copy Sign showing menu or featured items, provided it has a transparent protective locked cover The Sign must be affixed to a wall of the establishment adjacent to the drive-in service window or located freestanding within and parallel to the drive-in lane area If freestanding, the top of the Sign shall not exceed six feet in height (d) Gasoline Station Canopies When calculating Building Frontage for purposes of determining Wall Sign size, gasoline station canopies shall not be included A company logo not to exceed four square feet shall be permitted on each side of a canopy but no Wall Sign shall be permitted thereon (e) Rear of Signs Where the rear or side of any Sign is visible from any street or from any adjoining residential district, such side or rear shall present a completely finished appearance (f) Nuisance and Safety (1) Illumination No Externally or Internally Illuminated Sign shall cause an unreasonably excessive glare intensity in an adjacent residential district (2) Site triangle No Monument Sign shall be located within a 25 foot triangle at the intersection of two public streets (measured along the property or right-of-way line) unless it is 30 inches or less in height 15 (g) Landscaping of Detached Signs Unless otherwise provided in the Village of Key Biscayne Code of Ordinances, all Detached Signs shall be placed in a planting bed of at least two feet width surrounding the Sign This bed shall contain shrubs, flowers or other ground cover, and shall be shown on the site plan (h) Political Signs (1) Although no permit is required for a Political Sign, each candidate successfully filing qualifying campaign papers and each Political Sign Sponsor shall be responsible for meeting all requirements of this ordinance relative to Political Signs The Vi1...age Clerk shall furnish a copy of this ordinance to all qualifying candidates and Political Sign Sponsors and each shall sign and date an acknowledgment of receiving this document (2) The Director may cause the removal of any Political Sign erected on public property contrary to the provisions of this ordinance The candidate or Political Sign Sponsor responsible for erecting such Political Sign shall be liable to the City for the costs incurred in the removal The Director may cause the removal of any Political Sign illegally erected on private property in conformance with Section 13 hereof (3) All Political Signs shall be removed within seven days after the election to which they relate Upon a failure to remove a Political Sign in a timely fashion, the Director may cause the removal of the Political Sign and charge the candidate or Political Sign Sponsor the actual cost of removal Sec 10 Sign Permits (a) Required Except as otherwise set forth herein, it shall be unlawful for any person to display or install any Sign without first having obtained a permit (b) Applications (1) Filing Applications for permits required by this ordinance shall be filed with the Director upon forms to be furnished by the Director Such applications shall also respond to the structural requirements for Signs as specified in the South Florida Building Code 16 (2) Signs requiring Village Council Approval All Monument, Wall, Awning and Development Identification Signs, and Multitenant Center Sign graphics criteria, require prior review and approval by the Village Council based upon the recommendations of the Director (c) Issuance Provided the terms of this ordinance have been complied with, the Director shall issue a permit for each sign and retain a copy thereof and a copy of the plan Permits shall be numbered in order of their issuance (d) Time Limitation of Permits All Signs shall be erected on or before 90 days from the date of the issuance of a Sign permit If the Sign is not erected within such time, the permit shall become null and void and a new permit shall be required (e) Installation Inspection The contractor or owner securing the permit for any Sign shall notify the Director and request an inspection whenever such Sign is being installed, and before any concrete is poured, a final inspection shall be requested upon completion At the time of the final inspection, a photograph of the completed Sign shall be taken by the inspector and placed with the plans or file records of the Sign permit (f) Labels At the time of final inspection, the inspector shall attach a label to the Sign The permit number of the Sign shall be shown on the label and the label shall be visible from ground level (g) Revocations The Director may revoke a permit or approval, issued under the provisions of this ordinance, if it is found that there has been any false statement, concealment or misrepresentation as to any material fact in the application or plans upon which the permit or approval was based (h) Variances and Appeals Anyone seeking a variance to the provisions of this ordinance or appealing an administrative decision 17 relating to the Sign application or permitting process shall present such application or appeal to the Council An application for variance or an appeal of an administrative decision shall be made pursuant to Village zoning requirements and shall be scheduled accordingly for a hearing by the Village Council ( i) Fees Sign permit fees shall be established, from time to time, by Resolution of the Village Council Sec 11 Legal Nonconforming Signs (a) Amortization of 1993 Sign Code Nonconformities Any Sign that lawfully existed at the time this ordinance became effective may be continued, although it does not conform to all the provisions hereof, provided that no structural alterations are made thereto and that all such nonconforming signs shall be completely removed from the premises or made to conform by May 1, 1996 If the owner of a Sign can document the facts that (1) the Sign was installed or renovated after January 1, 1990, (2) the Sign is in sound condition, and (3) the cost of such sign or renovation exceeded $3,000, then the Council may extend the amortization period up to May 1, 1998 (b) Exception to Amortization Schedule Nonconforming Banner Signs, Buntings, Portable Signs and Snipe Signs, as well as prohibited signs placed on public property and utility poles, shall be removed within three months of the effective date of this ordinance (c) Nonconformities Created by Amendments to this Sign Ordinance Any Sign which may become nonconforming as a result of any subsequent amendments to this ordinance shall be completely removed from the premises, or altered to conform, not later than five years from the date such Sign becomes nonconforming (d) Other Termination of Legal Nonconforming Signs (1) By abandonment - Abandonment of a legal nonconforming Sign shall terminate its nonconforming status (2) By damage or poor condition - The legal nonconforming status of a Sign shall cease whenever the Sign is damaged beyond 50 percent as determined by the Director, from any 18 cause whatever, or to the extent the Sign becomes a hazard or danger (3) Abandoned and damaged signs, as described in this section, shall be removed by owners in accordance with the requirements of section 13 hereof Sec 12 Sign Maintenance (a) Maintenance All Signs shall be maintained in a safe, presentable and good structural condition, which shall include the replacement of defective parts, repainting, cleaning and other acts required for the maintenance of said Sign The area around the base of the sign shall be kept free of weeds and debris If a Sign does not comply with the above standards, the Director shall require its removal in accordance with section 13 hereof (b) Ineffective Signs Except as otherwise provided in this ordinance, any Sign which is located on property that becomes vacant and unoccupied for a period of 90 days or more, or any Sign which pertains to a purpose that no longer applies, shall be deemed ineffective An ineffective sign is prohibited and shall be removed by the owner of the premises in accordance with section 13 hereof (c) Dangerous or Defective Signs No person shall permit to be maintained on any premises owned or controlled by him, any Sign that is in a dangerous or defective condition Any such Sign shall be removed or repaired by the owner of the Sign or the owner of the premises (d) Unlawful Signs No person shall erect on any premises owned or controlled by him any Sign that is prohibited under Section 3 or any Sign that in any way does not comply with the provisions of this ordinance or any Sign that has not received a valid permit (unless specifically exempted therefrom) 19 Sec 13 Removal of Improper Signs (a) The Director shall cause the removal of any Sign in violation of this ordinance in accordance with the procedures set forth in the Village of Key Biscayne Code Enforcement Ordinance (b) Emergency Notwithstanding the above, the Director may cause the immediate removal of any Sign that poses an immediate danger to the health, safety or welfare of the community The Director may cause the Sign to be made safe as an alternative to removal In either event, Village personnel may enter onto premises, with or without the property owner's consent, for emergency repair or removal (c) Removal Costs Costs incurred by the Village's removal of a Sign shall be charged to the real property owner on whose property the Sign is located The Village shall assess the entire cost of such demolition, removal or repair, which assessment shall include, but not be limited to, all administrative costs, postal expenses and newspaper publication costs Such charge shall constitute a lien upon such property The Village Clerk shall file such lien in the county's official record book showing the nature of such lien, the amount thereof and an accurate legal description of the property No certificate of use and occupancy shall be approved for such a property until the full amount associated with the lien, or the full amount in the event no lien has yet been filed, has been paid to the Village by the property owner Section 2 Repeal of Conflicting Ordinances Article VI of Chapter 33 of the Dade County Code made applicable to the Village by Article VIII, Sections 8 03 of the Village Charter is hereby repealed 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 20 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 Inclusion in the Code It is the intention of the City Council, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances, Village of Key Biscayne, that the sections of this Ordinance may be renumbered or relettered to accomplish such intention, and that the word "Ordinance" may be changed to "Section" or other appropriate word Section 5 Effective Date This Ordinance shall be effective upon adoption on second reading PASSED AND ADOPTED on first reading this 23rd day of February , 1993 PASSED AND ADOPTED on second reading this 9th day of March , 1993 RAFAE]4 H CONTE, MAYOR ATTEST Village erk APPROVED AS TO FORM AND LEGAL SUFFICIENCY Ric F22/"114 1 Jay Weiss, Village Attorney 21 PUBLISHED DAILY MIAMI-DADE-FLORIDA STATE OF FLORIDA COUNTY OF DADE IV1 F I'L IhcMI it 1 ici ild [ktbl -oComoanv Before the undersigned authority personally appeared OI,GA I ARCIA who on oath says that he/she is CUSTODIAN OF RFCORDS of The Miami Herald a daily news- paper published at Miami in Dade County Florida that the attached copy of advertisement was published in said newspaper in the issues of MAR( fl 3 19) 3 Affiant further says that the said The Miami Herald is a newspaper published at Miami in the said Dade County Florida and that the said newspaper has heretofore been continuously publ i r-hed in Did County Florida each diy and has been entered as second class mail matter at the post office in Miami in said Dade County Florida for 1 period of one year next prec dint the first publication of the at- tached copy of advertisement and affiant further says that he has neither paid nor promised any per- son firm or corporation my dis- count rebate commission or refund for the purpose of securing this advertisement for publication in the raid new -paper(-) Sworn to And subscribed before me tli 1 11 14 day of M lrc h A D 1993 My erg Commiss,i6n ( ) 11(- / / _'/ L Virg -Intl .T / ((; 1 111on II II Village of Key Biscayne Notice of Zoning Code Change The VILLAGE OF KEY BISCAYNE proposes the following actions within the area shown on the map in the advertisement 1 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE AMENDING THE CODE OF ORDINANCES BY ADDING A CHAPTER ENTITLED SIGNS PROVIDING FOR THE PURPOSE OF THE ORDINANCE PROVIDING DEFINITIONS SETTING FORTH PRO- HIBITED SIGNS SETTING FORTH REQUIRED SIGNS PROVIDING FOR THOSE SIGNS THAT MAY BE ERECTED WITHOUT PERMIT PROVIDING FOR REGULATIONS FOR PERMANENT SIGNS IN RESIDENTIAL DISTRICTS PROVIDING FOR REGULA TIONS FOR PERMANENT SIGNS IN NON RESIDENTIAL DISTRICTS PROVIDING FOR TEMPORARY SIGNS PROVIDING FOR SUPPLEMENTAL SIGN REGULATIONS PRO VIDING A PROCEDURE FOR OBTAINING SIGN PERMITS PROVIDING FOR AIIIIORTI ZATION OF LEGAL NON CONFORMING SIGNS PROVIDING FOR SIGN MAINTE NANCE PROVIDING A PROCEDURE FOR THE REMOVAL OF IMPROPER SIGNS PROVIDING FOR THE REPEAL OF CONFLICTING PROVISIONS PROVIDING FOR SE VERABILITY INCLUSION IN THE CODE AND AN EFFECTIVE DATE 1 i 6 l Nam nu. raire—roada'; :UDR�I i S I / M 1141C.11.' AIIP* Nkl\N\si)4Va .8„ Min, MEI MM MINA JIMIL A PUBLIC HEARING ON THIS ORDINANCE WILL BE HELD ON TUESDAY MARCH 9 1993 AT 700 P M AT THE COUNCIL CHAMBER AT 85 WEST MCINTYRE STREET SECOND FLOOR KEY BISCAYNE FLORIDA 33149 Copies of the proposed ordinance may be obtained at Key Biscayne Village Hall Office of the Village Clerk 85 West McIntyre Street Key Biscayne Florida 33149 Should any person desire to appeal any decision of the Village Council with respect to any matter to be considered at this meeting that person shall insure that a verbatim record of the proceedings is made including all testimony and evidence upon which any appeal may be based (F S 288 0105) Guido H Inguanzo Jr Village Clerk TheMiami Herald PublishingCompan UBLISHED DAILY MIAMI-DADE-FLORIDA STATE OF FLORIDA COUNTY OF DADE Before the undersigned authority personally appeared OLGA L ARCIA who on oath says that he/she is CUSTODIAN OF RECORDS of The Miami Herald a daily news- paper published at Miami in Dade County Florida that the attached copy of advertisement was published in said newspaper in the issues of FEBRUAR1 16 1993 ffiant further says that the said The Miami Herald is a newspaper published at Miami in the said Dade County Florida and that the said newspaper has heretofore been continuously published in said Dade County Florida each day and has been entered as second class mail matter at the post office in Miami, in said Dade County Florida for a period of one year next preceding the first publication of the at- tached copy of advertisement and affiant further says that he has neither paid nor promised any per- son firm or corporation any dis- count rebate commission or refund for the purpose of securing this advertisement for publication in the said newspaper(s) f Sworn to and subscribed befforruary A re 1993e this 23rd day of y Commie expires irgin a Gallon On Hkrild vliinu Flondl 1 _ It, Village of Key Biscayne Notice of Zoning Code Change The VILLAGE OF KEY BISCAYNE proposes the following actions within the area shown on the map in the advertisement 1 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE AMENDING THE CODE OF ORDINANCES BY ADDING A CHAPTER ENTITLED SIGNS , PROVIDING FOR THE PURPOSE OF THE ORDINANCE, PROVIDING DEFINITIONS SETTING FORTH PRO HIBITED SIGNS SETTING FORTH REQUIRED SIGNS, PROVIDING FOR THOSE SIGNS THAT MAY BE ERECTED WITHOUT PERMIT, PROVIDING FOR REGULATIONS FOR PERMANENT SIGNS IN RESIDENTIAL DISTRICTS, PROVIDING FOR REGULA TIONS FOR PERMANENT SIGNS IN NON-RESIDENTIAL DISTRICTS, PROVIDING FOR TEMPORARY SIGNS, PROVIDING FOR SUPPLEMENTAL SIGN REGULATIONS PRO VIDING A PROCEDURE FOR OBTAINING SIGN PERMITS, PROVIDING FOR AMORTI ZATION OF LEGAL NON -CONFORMING SIGN% PROVIDING FOR SIGN MAINTE NANCE PROVIDING A PROCEDURE FOR THE REMOVAL OF IMPROPER SIGNS PROVIDING FOR THE REPEAL OF CONFLICTING PROVISIONS, PROVIDING FOR SE VERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE A PUBUC HEARING ON THIS ORDINANCE WILL BE HELD ON TUESDAY, FEBRUARY 23,1993 AT 7 00 P M , AT THE COUNCIL CHAMBER, AT N15 WEST MCINTYRE STREET SECOND FLOOR, KEY BISCAYNE, FLORIDA 33149 Copies of the proposed ordinance may be obtained at Key Biscayne Village Hall Office of the Village Clerk 85 West McIntyre Street Key Biscayne Florida 33149 Should any person desire to appeal any decision of the Village Council with respect to any matter to be considered at this meeting that person shall insure that a verbatim record of the proceedings is made including all testimony and evidence upon which any appeal may be based (F S 286 0105) Guido H Inguanzo Jr Village Clerk ORDINANCE NO 93-3 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, REQUIRING ALL PERSONS ENGAGING IN CONSTRUCTION OR DEMOLITION TO FURNISH SUFFICIENT ON -SITE RECEPTACLES FOR THE COLLECTION OF CONSTRUCTION DEBRIS, REQUIRING CONSTRUCTION DEBRIS TO BE EITHER STORED IN ON - SITE RECEPTACLES FOR LATER DISPOSAL OR REMOVED FROM CONSTRUCTION OR DEMOLITION AREAS BY 5 00 P M DAILY, PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE WHEREAS, the Village seeks to prevent the accumulation of loose construction debris in order to maintain construction and demolition areas in a clean, neat and sanitary condition, and WHEREAS, this Council has concluded that all persons engaging in construction or demolition should be responsible for keeping construction and demolition areas free of construction debris in order to adequately protect the health, safety and welfare of the citizens of the Village of Key Biscayne, NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 That the Code of the Village of Key Biscayne is hereby amended by adding a new section which shall read as follows Sec 1 Definitions "Construction Debris" shall mean loose paper or cardboard, waste or scrap building materials, or other litter which is generated by construction or demolition activities "On -site Receptacle" shall mean a portable container or bin designed to be a depository for Construction Debris "Persons" shall mean owners or lessees of real property, their contractors, subcontractors and agents Sec 2 On -Site Receptacles Required All Persons engaging in construction or demolition projects with a cost in excess of $15,000, shall provide sufficient On -site Receptacles to maintain construction or demolition areas in a clean, neat, and sanitary condition free from Construction Debris Sec 3 Disposal of Construction Debris All Construction Debris shall be either stored in On -Site Receptacles for later disposal or shall be removed from construction or demolition areas by 5 00 p m daily Section 2 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 3 Inclusion in the Code It is the intention of the Village Council, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of the Village of Key Biscayne, that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions, and that the word "Ordinance" shall be changed to "Section" or other appropriate word Section 4 Effective Date This Ordinance shall be effective upon adoption on second reading 2 PASSED AND ADOPTED on first reading this January , 1993 12th day of PASSED AND ADOPTED on second reading this 26th day of January , 1993 ATTEST VILLAGE LERK RAFAEL H CONTE, MAYOR APPROVED AS TO FORM AND LEGAL SUFFICIENCY RI ARD JAY WEISS, VILLAGE ATTORNEY \keybisca\ord\debris 103 001 MIAMI REVIEW Publishe Daily except Saturday Sunday and Legal Holidays Miami Dade County Florida STATE OF FLORIDA COUNTY OF DADE Before the undersigned authority personally appeared Sookie Williams who on oath says that she is the Vice President of Legal Advertising of the Miami Review a daily (except Saturday Sunday and Legal Holidays) newspaper published at Miami in Dade County Florda that the attached copy of advertisement being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE MEETING JANUARY 26 , 1993 1 Ile X X X Court was published in said newspaper in the issues of January 15, 1993 Affiant further says that the said Miami Review is a newspaper published at Miami in said Dade County Florida and that the said newspaper has heretofore been continuously published in said 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 Dad my Florida for a period of one year next preceding the first p blication of the attached copy of advertisement and affi t fu er says that she has neither paid nor promised any per - . n fi or corporation any discount rebate commission or r un . for the purpose of securing this advertisement for publ a • n in th : : aid newspaper 41,12140*U40 15th (day 01 Sworn to and subscribed before me this A D 1993 FICA' T,cyrAR SEAL GI LSE PENk Sookie WiliiiMeE3PPINYINtei FLORIDA COYMISSIGN `' 0 CC 172163 iy CON.PMISS'ON EXP ' \'N. 6 1 VILLAGE OF KEY BISCAYNE* FLORA PUBLIC NOTICE - Notice is hereby gwea that the following ordinanc* W$II bacon sidered on Second Reeding by the Key Biscayne Vfliape Council at a meeting to be-heti:4m Tuesday Januavy 26; 191164d 7.00 p.rn. at the Council Chamber, ilEmWest McIntyre Stu* Secotic1Floor, Key Biscayne Florida.r AN ORDINANCE. OF THE VILLAGEAFAliefellteGifiNE, FLORIDA, REQUIRING AtL PERSONSEl+1t>MIMINMi IN CON STRUCTJOMOR prowlJoN TO FURNOWSUPSICIENT ON -SITE RECEPTACKS FOR THE COLLECT ON OF CON- STRUCTION OEOA1kREOUIRING CONSTRICTION DEBRIS TO BE EIMER STOAEI N ON SITE, RECEPTACLES FOR LATER DISPOSAL OF&REMOVE OR DEMOLITION ARBASSY FOR SEVERABILITYr MICLUSION EFFECTWE DATEM �v r 7a ti+P - interested partlaeastrilsiteltirto of the ordinance's 11' be 1/111/11064K the Office of the Clevige6VMIlildelyns StreeitaiagOEMIEWROtida 33149 7 i f7.48 + , "' 1.4er-,ill 11'0 Any person vrishing_toteppI*$nl decieich b iM 1l Coon cil with respegMaiasoss rtter considers/$*4 this meeting will need a record of the _pro4eMk1Q "and Jot suck, purpodeiCmay need to ensure that a verb h ij oel-oS the proceedings Is trade which record includes thedesairsony,end evidence upon which the appeal s made W t, f ►si rp Guido H Inguanzor415. 4 Village Clerk 1/15 444. t 114. 9340445141M ORDINANCE NO 93-2 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE CODE OF THE VILLAGE OF KEY BISCAYNE BY ADDING A NEW CHAPTER ENTITLED "FLOOD DAMAGE PREVENTION", PROVIDING FOR STATUTORY AUTHORITY AND LEGISLATIVE FINDINGS, PROVIDING AN INTENT AND PURPOSE, PROVIDING OBJECTIVES, PROVIDING DEFINITIONS, PROVIDING GENERAL PROVISIONS, PROVIDING ADMINISTRATIVE PROCEDURES AND STANDARDS, PROVIDING FOR FLOOD HAZARD REDUCTION, PROVIDING FOR VARIANCES AND APPEALS, PROVIDING FOR THE REPEAL OF CONFLICTING PROVISIONS, PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE WHEREAS, the Village of Key Biscayne is located in an area highly susceptible to Flooding, WHEREAS, the Village Council has determined that it is in the best interest of the residents of the Village of Key Biscayne to establish regulations on the development of land to reduce the risk of Flood damage to improvements and structures located in the Village NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS Section 1 That the Code of the Village of Key Biscayne is hereby amended by adding a new chapter which shall read as follows Chapter Flood Damage Prevention Sec 1 Short Title This Chapter shall be known as the Flood Damage Prevention Chapter Sec 2 Statutory Authority and Legislative Findings A The Legislature of the State of Florida has in Chapter 166 and 163 Florida Statutes, granted the authority and responsibility to local governmental units, including the Village, the power to adopt regulations designed to promote the public health, safety and general welfare, as well as to adopt development regulations controlling the use of land B The flood hazard areas of the Village are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for Flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare C These Flood losses are caused by the cumulative effect of obstructions in Floodplains causing increases in Flood heights and velocities, and by the occupancy in Flood hazard areas by uses vulnerable to Floods or hazardous to other lands which are inadequately elevated, Flood -Proofed, or otherwise unprotected from Flood damages Sec 3 Intent and Purpose It is the purpose of this Chapter to promote the public health, safety and general welfare and to minimize public and private losses due to Flood conditions in specific areas by provisions designed to A restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in Flood heights or velocities, B require that uses vulnerable to Floods, including facilities which serve such uses, be protected against Flood damage at the time of initial construction or Substantial Improvement, C control the alteration of natural Floodplains, stream channels, and natural protective 2 barriers which are involved in the accommodation of Flood waters, D control filling, grading, dredging and other Development which may increase erosion or Flood damage, and, E prevent or regulate the construction of Flood barriers which will unnaturally divert Flood waters or which may increase Flood hazards to other lands Sec 4 Objectives The objectives of this Chapter are A to protect human life and health, B to minimize expenditure of public money for costly Flood control projects, C to minimize the need for rescue and relief efforts associated with Flooding and generally undertaken at the expense of the general public, D to minimize prolonged business interruptions, E to minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, street and bridges located in Floodplains, F to help maintain a stable tax base by providing for the sound use and development of Flood Prone Areas in such a manner as to minimize Flood blight areas, G to insure that potential home buyers are notified that property is in a Flood area, and H to comply with the requirements of the National Flood Insurance Program so as to ensure the availability of Flood insurance for residents and property owners Sec 5 Definitions In construing the provisions of this Chapter, where the context will permit and no definition is provided herein, the definitions provided in Chapter 403, Florida 3 Statutes, as may be amended from time to time, and in the rules and regulations promulgated thereunder, as may be amended from time to time, shall apply The following words and phrases when used in this Chapter shall have the meanings ascribed to them in this section A Accessory Structure shall mean a non -habitable, garage, or other Building or Structure on a lot or parcel subordinate to an not forming an integral part of the main or principal Building but pertaining to the use of the main Building B Area of Special Flood Hazard shall mean the land in the Floodplain within a community subject to a one percent or greater chance of Flooding in any given year C Base Flood Elevation means the elevation for which there is a one percent chance in any given year that Flood levels will equal or exceed it The Base Flood Elevations are indicated on the Village FIRM D Base Flood shall mean a Flood having a one percent chance of being equaled or exceeded in any given year E Basement shall mean that portion of a Building having its Floor subgrade (below ground level) on all sides F Breakaway Wall shall mean any type of wall, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic, or any other suitable building material, which is not a part of the structural support of the Building and which is intended through design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the Building or the supporting foundation system or any other Building to which they might be carried by Flood waters G Building shall mean any Structure built for support, shelter or enclosure for any occupancy or storage H Coastal High Hazard Area shall mean an Area of Special Flood Hazard extending from off -shore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity waters caused by, but not limited to, hurricane wave wash The area is designated on a FIRM as Zone VI -30, VE or V 4 I Development or Development Activity shall mean any man-made change to improved or unimproved real estate, including, but not limited to, Buildings or other Structures, mining, dredging, filling, grading, paving, excavating, drilling operations, or permanent storage of materials or equipment J Development Permit means any building permit, zoning permit, subdivision approval, rezoning, recertification, special exception, variance or any other official action of the Village having the effect of permitting the Development of land K Elevated Building means a non -basement building built to have the Lowest Floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns (posts and piers) or shear walls L Flood or Flooding shall mean a general and temporary condition of partial or complete inundation of normally dry land areas from (1) the overflow of streams, rivers, or other inland water, or abnormally high tidal water or rising coastal waters resulting from severe storms, hurricanes or tsunamis, or the unusual and rapid accumulation of run-off of surface water from any source M Flood -Plain or Flood -Prone Area means any land area susceptible to being inundated by water from any source N Floodproofing shall mean any combination of structural and nonstructural additions, changes, or adjustments (other than elevating) to Structures which reduce or eliminate Flood damage to real estate or improved real property, water supply and sanitary sewage facilities, Structures, and their contents Floodproofing includes by way of illustration, not limitation, the following measures (1) Anchorage to resist flotation and lateral movement 5 (2) Installation of watertight doors, bulkheads, and shutters, or similar methods of construction to protect against winds, wave action, or Flood waters (3) Reinforcement of walls to resist water pressures (4) Use of paints, membranes, or mortars to reduce seepage of water through walls (5) Addition of mass or weight to Structures to resist flotation (6) Installation of pumps to lower water levels in Structures (7) Construction of water supply and waste water treatment and disposal systems to prevent the entrance or infiltration of Flood waters (8) Pumping facilities or comparable practices for subsurface drainage systems for Buildings to relieve external foundation wall and Basement Flood pressures (9) Construction to resist rupture or collapse caused by water pressure or Flooding debris (10) Installation of valves or controls of sanitary and storm drains which will permit the drains to be closed to prevent backup of sewage and storm waters into the Buildings or Structures Gravity draining of Basements may be eliminated by mechanical devices (11) Locate all electrical equipment, circuits and installed electrical appliances in a manner which will assure they are not subject to Flooding and to provide protection from inundation by the Base Flood (12) Locate any Structure, storage facilities for chemicals, explosives, buoyant materials, flammable liquids or other toxic materials which could be hazardous 6 to the public health, safety, and welfare in a manner which will assure that the facilities are situated at elevations above the height associated with the regulatory protection elevation or are adequately Floodproofed to prevent flotation of storage containers, or damage to storage containers which could result in the escape of toxic materials into Flood waters 0 Flood Hazard Boundary Map means an official map of the Village, issued prior to the FIRM by the Federal Emergency Management Agency, where the boundaries of the Areas of Special Flood Hazard have been identified P Flood Insurance Rate Map (FIRM) shall mean an official map of a community, on which the Federal Emergency Management Agency has delineated both the Areas of Special Flood Hazard and the risk premium zones applicable to the community Q Flood Insurance Study shall mean the official report provided by the Federal Emergency Management Agency The report contains Flood profiles, as well as the water surface elevation of the Base Flood R Floor shall mean the top surface of an enclosed area in a Building (including Basement), 1 e , top of slab in concrete slab construction or top of wood flooring in wood frame construction The term does not include the floor of a garage used solely for parking vehicles S Functionally Dependent Structure shall mean a Structure which cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, ship repair, or seafood processing facilities The term does not include long-term storage, manufacture, sales, or service facilities T Historic Building or Structure shall mean any Structure that is (1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the 7 requirements for individual listing on the National Register, or (2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district, or (3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior, or (4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either a) By an approved state program as determined by the Secretary of the Interior, or b) Directly by the Secretary of the Interior in states without approved programs U Lowest Floor shall mean the lowest floor of the lowest enclosed area (including Basement) An unfinished or Flood -resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a Basement area, is not considered a Building's Lowest Floor, provided that such enclosure is not built so as to render the Structure in violation of the applicable non -elevation design requirements of this Chapter ✓ Mangrove Stand shall mean an assemblage of mangrove trees which consist of one or more of the following species black mangrove (Avicennia Germinans), red mangrove (Rhizophora Mangle), white mangrove (Languncularian Racemosa) and buttonwood (Conocarpus Erecta) W Manufactured Home (trailer) shall mean a Structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities The term Manufactured Home does 8 not include a Recreational Vehicle, however, park trailers, travel trailers, and similar transportable structures placed on a site for one hundred eighty (180) consecutive days or longer shall be regulated as Manufactured Homes X Mean Sea Level shall mean average height of the sea for all stages of the tide It is used as a reference for establishing various elevations within the Floodplain For purposes of this Chapter, the term is synonymous with National Geodetic Vertical Datum (NGVD) (as corrected in 1929), which means a vertical control used as a reference for establishing varying elevations within a Flood -Plain Y New Construction shall mean any Structure for which the Start Of Construction commenced on or after the effective date of this Chapter The term also includes any subsequent improvements to the Structure Start of Construction (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (P L 97-348)), includes Substantial Improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within 180 days of the permit date The actual start means the first placement of permanent construction of a Building (including a Manufactured Home) on a site, such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation or the placement of a Manufactured Home on a foundation Permanent construction does not include land preparation, such as clearing, grading and filling, nor does it include the installation of streets and/or walkways, nor does it include excavation for a Basement, footings, piers or foundations or the erection of temporary forms, nor does it include the installation on the property of Accessory Structures, such as garages or sheds not occupied as dwelling units or not part of the main Building For a Substantial Improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a Building, whether or not that alteration affects the external dimensions of the Building Z New Manufactured Home Park or New Manufactured Home Subdivision shall mean a Manufactured Home Park or Subdivision for which the construction of facilities for servicing the lots on which the Manufactured Homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final 9 site grading or the pouring of concrete pads) is completed on or after the effective date of this Chapter AA Recreational Vehicle shall mean a vehicle which is (1) built on a single chassis, and (2) 400 square feet or less when measured at the largest horizontal projection, and (3) designed to be self-propelled or permanently towable by a light duty truck, and (4) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use BB Residential or Residence shall mean any lot, plot, parcel, tract, area, piece of land or Building used exclusively for family dwelling purposes or intended to be so used, including concomitant uses as specified in the prevailing land development regulations of the Village CC Sand Dunes shall mean naturally occurring accumulations of sand in ridges or mounds landward of the beach DD Structure shall mean a walled and roofed Building that is principally above ground, a Manufactured Home, a gas or liquid storage tank, or other man-made facilities or infrastructures EE Substantial Damage shall mean damage of any origin sustained by a Structure whereby the cost of restoring the Structure to its before damaged condition would equal or exceed 50 percent of the market value of the Structure before the damage occurred FF Substantial Improvement shall mean any combination of additions, rehabilitation, reconstruction, alteration, or other improvements to a Structure, taking place during a one (1) year period in the "A" zones and a five (5) year period in the "V" zones, in which the cumulative cost equals or exceeds 50 percent of the market value of the Structure The market value of the Structure shall be the appraised value of the Structure prior to the start of the initial work 10 Substantial Improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the Building commences, whether or not that alteration affects the external dimensions of the Structure This term includes Structures which incur Substantial Damage regardless of actual work performed The term does not include either (1) Any project for improvement of a Structure required to correct existing Violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or (2) Any alteration of a Historic Structure, provided that the alteration will not preclude the Structure's continued designation as a Historic Structure for which a Variance has been granted pursuant to this Chapter, or (3) Repairs for damage from any origin which are determined to be less than Substantial Damage GG Variance is a grant of relief from the requirements of this Chapter which permits construction in a manner otherwise prohibited by this Chapter where specific enforcement would result in unnecessary hardship HH Village shall mean the Village of Key Biscayne II Violation shall mean the failure of a Structure or other Development to be fully compliant with the provisions of this Chapter Sec 6 General Provisions A Lands To Which This Chapter Applies This Chapter shall apply to all areas of the Village B Basis For Establishing The Areas of Special Flood Hazard The Areas of Special Flood Hazard identified by the Federal Emergency Management Agency in its Flood Insurance Study and Flood Insurance Rate Map, for Dade County, Florida dated January 20, 1993, with accompanying maps and other supporting data, and 11 any revision thereto, are adopted by reference and declared to be a part of this Chapter All lands within the Village are within an Area of Special Flood Hazard C Development Permits Required A Development Permit shall be required in conformance with the provision of this Chapter prior to the commencement of any Development Activities D Compliance No Development Activity shall occur without full compliance with the terms of this Chapter and other applicable regulations E Abrogation and Greater Restrictions This Chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions However, where this Chapter and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail F Interpretation In the interpretation and application of this Chapter all provisions shall be (1) considered as minimum requirements, (2) liberally construed in favor of the governing body, and, (3) deemed neither to limit nor repeal any other powers granted under state statutes G Warning and Disclaimer of Liability The degree of Flood protection required by this Chapter is considered reasonable for regulatory purposes and is based on scientific and engineering consideration Larger Floods can and will occur on rare occasions Flood heights may be increased by man-made or natural causes This Chapter does not imply that land outside the Areas of Special Flood Hazard or uses permitted within such areas will be free from Flooding or Flood damages This Chapter shall not create liability on the part of the Village or by any officer or employee thereof for any Flood damages that result from reliance on this Chapter or any administrative decision lawfully made hereunder 12 H Penalties for Violation Violation of the provisions of this Chapter or failure to comply with any of its requirements, including Violation of conditions and safeguards established in connection with grants of a Variance shall constitute a misdemeanor Any person who violates this Chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $500 or imprisoned for not more than 60 days, or both, and in addition, shall pay all costs and expenses involved in the case Each day such Violation continues shall be considered a separate offense Nothing herein contained shall prevent the Village from taking such other lawful actions as are necessary to prevent or remedy any Violation Sec 7 Administration A Designation of Local Administrator The Village Manager or his designee is hereby appointed to administer and implement the provisions of this Chapter Whenever the term Village Manager is used in this Chapter, it is intended to include any designee B Permit Procedures for Building Construction Application for a Development Permit for constructing or Substantially Improving a Structure shall be made to the Village Manager on forms furnished by the Village Manager's office prior to any Development Activities, and may include, but not be limited to, the following plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question, existing or proposed Structures, earthen fill, storage of materials or equipment, drainage facilities, and the location of the foregoing Specifically, the following information is required (1) Application Stage (a) Elevation in relation to Mean Sea Level of the proposed Lowest Floor, or the lowest surface of any heating or air conditioning duct work installed below the Lowest Floor, or the lowest horizontal supporting member in a Coastal 13 High Hazard Area (V -Zone), of all proposed Buildings or Substantial Improvements, (b) Elevation in relation to Mean Sea Level to which any proposed Building or Substantial Improvement, not located in a Coastal High Hazard Area (V -zone), will be Flood -Proofed, (c) Signed, sealed certificate, separate from the submitted plans, from a registered professional engineer or architect that the Flood -Proofed Building will meet the Flood -Proofing criteria in this Chapter, (d) Signed, sealed certificate, separate from the submitted plans, from a registered professional engineer or architect that a new or Substantially Improved Building located in the Coastal High Hazard Area (V -Zone) will meet the construction standards contained in Sec 8 C (e) Description of the extent to which any watercourse, swamp, marsh, lake, or pond will be altered, relocated, or created as result of proposed construction, and, (f) Description of the type, extent, and depth of proposed fill and the elevation in relation to Mean Sea Level of the top surface of the fill, and, (g) Description of the type, extent, and depth of proposed excavation in relation to Mean Sea Level (h) Plot plan, to scale, illustrating the locations of all proposed construction, fill, excavating, and other aspects of the Development (1) Copy of the proposed stormwater management report and Floodplain study, if any, complete with technical supporting data (j) Grading and drainage plans (k) Upon request, stormwater management plans 14 (2) Construction Stage Floor elevation or Flood - Proofing certifications (a) Upon placement of the Lowest Floor, or, in the Coastal High Hazard Areas (V - zones) upon placement of the horizontal structural members of the Lowest Floor, whichever is applicable, it shall be the duty of the permit holder to submit to the Village Manager a certification of the elevation of the top of the Lowest Floor, or the lowest surface of any heating or air conditioning duct work installed below the Lowest Floor, or the elevation of the lowest portion of the horizontal structural members of the Lowest Floor, whichever is applicable, as built, in relation to Mean Sea Level Said certification shall be made on a FEMA Elevation Certificate form No 81-31, or a form containing at least the same information, and shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer (b) When Flood -Proofing is utilized for a Building, the permit holder shall submit to the Village Manager a Flood -Proofing certification at the time the exterior walls are completed to the required Flood -Proofed elevation Said certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same, utilizing the FEMA Floodproofing Certificate form No 81-65, or the equivalent (c) Any additional work undertaken prior to submission and approval of the certification shall be at the permit holder's risk (d) The Village Manager shall review the floor elevation survey data or Flood - Proofing certification submitted Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further progressive work being permitted to proceed 15 (e) Failure to submit the elevation or Flood - Proofing certifications or failure to make said corrections required hereby, shall be cause to issue a stop -work order for the project (f) Prior to issuance of a certificate of occupancy for New Construction or Substantial Improvement in the Coastal High Hazard Area (V -Zones), the permit holder shall submit a signed, sealed certificate, separate from the submitted plans, from a registered professional engineer or architect certifying that the Building has been constructed in compliance with the standards contained in Sec 8 C A certificate of occupancy will not be issued until this certification has been received and accepted by the Village Manager C Duties and Responsibilities of the Local Administrator Duties of the Village Manager, as the local administrator of this Chapter, shall include, but not be limited to (1) Review all applications for Development Permits to assure that the permit requirements of this Chapter have been satisfied, (2) Advise permittees that additional federal or state permits may be required, and if specific federal or state permit requirements are known, require that copies of such permits be provided and maintained on file with the Development Permit (3) Verify and record the actual elevation (in relation to Mean Sea Level) of the Lowest Floor of all new or Substantially Improved Buildings, in accordance with Sec 8 B(1) (4) Verify and record the actual elevation (in relation to Mean Sea Level) to which the new or Substantially Improved Buildings have been elevated or Flood -Proofed, in accordance with Sec 8 B(2) 16 (5) In Coastal High Hazard Areas, requiring permittees to provide certification from a registered professional engineer or architect that the Building is designed and securely anchored to adequately anchored pilings or columns in order to withstand velocity waters and hurricane wave wash, in compliance with Sec 8 C(2)(3)(4) (6) In Coastal High Hazard Areas, the Village Manager shall review plans for adequacy of Breakaway Walls in accordance with Sec 8 C(8), (9) and (10) (7) When Flood -Proofing is utilized for a particular Building, the Village Manager shall obtain certification from a registered professional engineer or architect, in accordance with this Chapter (8) The office of the Village Manager shall serve as the official map repository for FEMA Flood Insurance Rate Maps, Flood Boundary and Floodway Maps (if applicable), and Flood Hazard Boundary Maps for the community, together with Letters of Map Amendment (LOMAs) and Letters of Map Revision (LOMRs) At least one copy of all current and superseded maps, LOMAs and LOMRs shall be maintained for public use and viewing (9) All records pertaining to the provisions of this Chapter shall be maintained in the office of the Village Manager and shall be open for public inspection Copies of all Development Permits and summary supporting documentation shall be filed by geographic area for ease of coordinating all Floodplain Development Activities Sec 8 Provisions for Flood Hazard Reduction A General Standards In all Areas of Special Flood Hazard the following provisions are required (1) New Construction and Substantial Improvements shall be anchored to prevent flotation, collapse or lateral movement of the Structure, 17 (2) Manufactured Homes shall be anchored to prevent flotation, collapse, or lateral movement Methods of anchoring may include, but are not limited to, use of over -the -top or frame ties to ground anchors This standard shall be in addition to and consistent with applicable state requirements for resisting wind forces New Construction and Substantial Improvements shall be constructed with materials and utility equipment resistant to Flood damage, New Construction or Substantial Improvements shall be constructed by methods and practices that minimize Flood damage, Electrical, heating, ventilation, plumbing, air conditioning equipment, including duct work, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of Flooding New and replacement water supply systems shall be designed to minimize or eliminate infiltration of Flood waters into the system, New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of Flood waters into the systems and discharges from the systems into Flood waters, (8) On -site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during Flooding, (9) Any alteration, repair, reconstruction or improvement to a Building which is in compliance with the provisions of this Chapter, shall meet the requirements of New Construction as contained in this Chapter (10) Adequate drainage paths shall be provided around Structures to guide stormwater runoff away from them, (11) Any improvements made to new or Substantially Improved Buildings for which permits were issued on or after December 31, 1974 shall 18 conform to the requirements for New Construction under this Chapter (12) Functionally Dependent Structures and any improvements to Historic Buildings may be exempted from one or all of the standards contained in this Chapter, provided the request for an exemption is approved as a Variance, as provided in this Chapter, and with regard to Historic Buildings the proposed improvements are certified by a certified local government or the State Historic Preservation Officer as maintaining the historical integrity and classification of the Building B Specific Standards for A -zone Flood Hazard Areas In all Areas of Special Flood Hazard, areas denoted with an "A" prefix on the FIRM where Base Flood Elevation data have been provided, as set forth in Sec 6 B, the following provisions are required, in addition to the general standards of Sec 8 A (1) Residential Construction New Construction or Substantial Improvement of any Residential Building (or Manufactured Home) shall have the Lowest Floor, together with all mechanical and electrical equipment, including duct work, and including any basement, elevated no lower than the Base Flood Elevation Should solid foundation perimeter walls be used to elevate a Structure, openings sufficient to facilitate the unimpeded movements of Flood waters shall be provided in accordance with standards of Sec 8 B(3) The floor of an attached garage may be placed below the Base Flood Elevation, provided the openings required in Sec 8 B(3) are installed and all mechanical and electrical equipment, including laundry facilities and food freezers, are elevated above the Base Flood Elevation (2) Non -Residential Construction New Construction or Substantial Improvement of any commercial, industrial, or non-residential Building shall have the Lowest Floor, together with all mechanical and electrical equipment, including duct work, and including any Basement, elevated no lower than the Base Flood Elevation The floor of an attached garage or loading dock may be placed below the 19 Base Flood Elevation, provided the openings required in Sec 8 B(3) are installed and all mechanical and electrical equipment are elevated above the Base Flood Elevation Buildings may be Flood -Proofed to an elevation one foot above the required Base Flood Elevation noted above, in lieu of being elevated, provided that all areas of the Building below the required elevation are water tight with walls substantially impermeable to the passage of water, and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy A registered professional engineer or architect shall certify that the standards of this subsection are satisfied Such certification shall be provided to the official as set forth in Sec 7 C(4) (3) Elevated Buildings New Construction or Substantial Improvements of Elevated Buildings that include fully enclosed areas formed by foundation and other exterior walls below the Base Flood Elevation shall be designed to preclude finished living space and shall be designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic Flood forces on exterior walls (a) Designs for complying with this requirement must either be certified by a professional engineer or architect or meet the following minimum criteria (1) Provide a minimum of two openings (in walls or doors) having a total net area of not less than one square inch for every square foot of enclosed area subject to Flooding, (11) The bottom of all openings shall be no higher than one foot above grade, and, (iii) Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwaters in both direction 20 (b) Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator), and (c) The interior portion of such enclosed area shall not be partitioned or finished into separate rooms (d) Use of such enclosed areas shall be limited to parking, storage, and Building access (4) Manufactured Homes and Recreational Vehicles (a) All Manufactured Homes placed within the Village must meet all the requirements for New Residential Construction contained in this Chapter, including installation on permanent foundation systems, elevation, and anchoring At minimum, a permanent foundation system shall constitute reinforced piers placed on poured footings, or other foundation elements of equivalent strength Any additions to Manufactured Homes subject to provisions of this subsection shall also be considered New Construction and must therefore comply with the requirements of this Chapter, including elevation requirements (b) All Recreational Vehicles placed on sites must either (1) Be fully licensed and ready for highway use, or (ii) The Recreational Vehicle must meet all the requirements for New Construction, including anchoring and elevation requirements of this Chapter A Recreational Vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached Structures 21 (5) Accessory Structures Accessory Structures may be exempted from the elevation requirement of Sec 8 B, provided the following criteria are met (a) The Structure is not used for human habitation, including occupancy as a workplace for extended periods of time, (b) The Structure is designed and constructed so as to have a low potential for damage during a Flood (eg using flood resistant materials as provided in FEMA Technical Bulletin #88-2, and any subsequent revisions thereto), (c) The Structure shall be located so as to offer the minimum resistance to the flow of floodwaters (eg parallel to a stream, perpendicular to the ocean), (d) The Structure is firmly anchored to prevent flotation, per Sec 8 A(1), (e) All electrical service, heating/cooling equipment, and other mechanical or electrical equipment is either elevated above the Base Flood Elevation, or is Floodproofed One ground -fault interrupt circuit may be installed below the Base Flood Elevation, and all construction below that elevation shall be of flood - resistant materials (6) Temporary Structures Certain types of structures (eg fruit stands, construction site offices) may be sited temporarily on property without having to comply with the General Standards of Sec 8 A, or the elevation standard of Sec 8 B, provided the following criteria are met (a) The Structure is mobile, or can be made so, and is capable of being removed from the site with a minimum of thirty-six (36) hours warning (b) The Structure does not have an approval to remain on the property for more than 180 days 22 (c) The applicant submits a plan for the removal of the Structure, containing the following documentation (1) The name, address, phone number and emergency contact point of the individual responsible for the removal of the Structure (11) The time at which the Structure will be removed (le a minimum of 72 hours in advance of the projected landfall of a hurricane) (iii) A copy of a contract or other suitable instrument with a trucking company to ensure the availability of removal of the Structure when needed, together with the name, address, and emergency phone number of the responsible trucking company agent (iv) Designation, accompanied by documentation (eg signed consent of the property owner), of a site outside the Village to which the Structure will be moved (v) Signatures of the applicant, property owner on which the Structure will be placed, and owner of the Structure, agreeing to abide by the terms of the removal plan A temporary development permit shall be issued when a temporary Structure is approved, and the expiration date shall be clearly marked on the face of the permit The original copy of the removal plan shall be attached to the permit, and the documentation shall be kept on file in the Village Manager's office A copy of the permit, together with the removal plan, shall be provided by the owner to the local emergency management coordinator C Standards for Coastal High Hazard Areas (V Zones) Located within the Areas of Special Flood Hazard are areas designated as Coastal High Hazard Areas, which are denoted with a "V" prefix on the FIRM. These areas, called "velocity zones", have special Flood hazards associated with wave action, therefore, the following provisions shall apply 23 (1) Building location All Building shall be located in conformance with the requirements of the State of Florida Coastal Zone Protection Act of 1985 (2) Elevated Buildings All Buildings shall be elevated so that the bottom of the lowest supporting horizontal member (excluding pilings or columns), together with all mechanical and electrical equipment, including duct work, is located no lower than the Base Flood Elevation, with all space below the lowest supporting member open so as not to impede the flow of water Open lattice work or decorative screening may be permitted for aesthetic purposes only and must be designed to wash away in the event of abnormal wave action and in accordance with Sec 8 C(8), (3) Piling or column foundations All Buildings or Structures shall be securely anchored on pilings or columns extending vertically below grade a sufficient depth below the zone of potential scour and securely anchored to subsoil strata, (4) Anchoring and connection requirements All pile and column foundations and Structures attached thereto shall be anchored to resist flotation, collapse, and lateral movement due to the effect of wind and water loads acting simultaneously on all Building components Proper structural anchoring shall include a complete system of adequately -sized, galvanized metal connectors securely fastening the various structural subsystems of the Building together, from the roofing and ridge down to the pilings, to resist wind damage. Water loading values shall equal or exceed the Base Flood Wind loading values shall be in accordance with the South Florida Building Code, and any subsequent revisions thereto (5) Certification of design At time of application for a permit, a registered professional engineer or architect shall certify that the design, specifications and plans for construction are in compliance with the provisions contained in Sec 8 C(2), (3) and (4) of this Chapter, and shall cite the parameters and variables used in developing the design, including wind loading values, 24 water loading values, depth of potential scour zone, and subsoil strata characteristics (6) Ban on use of structural fill There shall be no fill used as structural support Limited non -compacted fill may be used around the perimeter of a Building for landscaping/ aesthetic purposes provided the fill will wash out from storm surge, (thereby rendering the Building free of obstruction) prior to generating excessive loading forces, ramping effects, or wave deflection The Village Manager shall approve design plans for landscaping/aesthetic fill only after the applicant has provided an analysis by an engineer, architect, and/or soil scientist, which demonstrates that the following factors have been fully considered (a) Particle composition of fill material does not have a tendency for excessive natural compaction, (b) Volume and distribution of fill will not cause wave defection to adjacent properties, and (c) Slope of fill will not cause wave run-up or ramping (7) Protection of Sand Dunes and Mangrove Stands There shall be no alteration of Sand Dunes or Mangrove Stands which would increase potential Flood damage (8) Enclosures below Base Flood Elevation Lattice work or decorative screening shall be allowed below the Base Flood Elevation provided they are not part of the structural support of the Building and are designed so as to breakaway, under abnormally high tides or wave action, without damage to the structural integrity of the Building on which they are to be used Solid, non -supporting, Breakaway Walls may also be used, but only for purposes of enclosing and securing access to upper floors (foyer for staircase or elevator) and for secured storage and vehicle parking The solid Breakaway Walls shall have a safe design loading resistance of not less than ten (10) and not more than twenty (20) pounds per square foot 25 (9) Use of enclosed areas If aesthetic lattice work or screening is utilized, such enclosed space shall not be designed to be used for human habitation, but shall be designed to be used only for parking of vehicles, Building access, or limited storage of maintenance equipment used in connection with the premises Areas enclosed by solid, Breakaway Walls shall be used for Building access parking and secured storage only (10) Plans for enclosures Prior to construction, plans for any Buildings that will have lattice work or decorative screening, or solid, Breakaway Walls must be submitted to the Village Manager for approval, and must comply with the standard noted in Sec 8 C(8) Certification by a registered architect or engineer is required for any Breakaway Wall designs which do not comply with said standard Such designs must be certified to collapse as a result of a water loads less than that which would occur during the Base Flood, and to not result in the displacement, collapse, or other structural damage to the rest of the Building and foundation system or to adjoining Structures Water and wind loading values shall be those set forth in Sec 8 C(4) above (11) Restriction on future enclosures Any alteration, repair, reconstruction or improvement to a Structure shall not enclose the space below the Lowest Floor except as provided for in Sec 8 C(8)(9) (12) Manufactured Homes No Manufactured Homes or Recreational Vehicles may be placed in Coastal High Hazard Areas (13) Certification of completed construction. Upon completion of the Structure or Substantial Improvement, a registered professional engineer or architect shall certify that the building was constructed are in compliance with the provisions contained in Sec 8 C of this Chapter, including the approved, certified design specifications provided per Sec 8 C(5) 26 (14) Accessory Structures Accessory Structures shall be allowed per Sec 8 B(5), subject to the following criteria (a) the Structure is located so as not to cause collapse, displacement, or other structural damage to adjacent primary Structures during a Base Flood event, (b) the Structure is designed to not provide resistance to the combined effects of wave action and wind during a Base Flood event, and to break down into small enough pieces so that the resultant debris does not create a serious danger to adjacent primary Structures (the safe design loading of the walls shall be not less than 10 and no more than 20 lbs per square foot), and (c) the design of the Building is certified by a registered professional engineer or architect to comply with said standards (15) Temporary structures Temporary structures shall be permitted per Sec 8 B(6) Sec 9 Standards for Subdivision Proposals A All subdivision proposals shall be consistent with the need to minimize Flood damage, B All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize Flood damage, C All subdivision proposals shall have adequate drainage provided to reduce exposure to Flood hazards, and, D Base Flood Elevation and Flood hazard area mapping shall be provided in accordance with this Chapter for subdivision proposals and other proposed development which is greater than the lesser of fifty lots or five acres D The Base Flood boundary, floodway and/or V - zone boundary if applicable, and the applicable Base Flood Elevation for the Building site on each lot shall be clearly marked on all recorded subdivision plats, be 27 they for residential, commercial, or industrial use Sec 10 Variances A The Village Council shall hear and decide requests for Variances from the requirements of this Chapter B Any person aggrieved by the decision of the Village Council may appeal such decision to the Circuit Court, as provided in the Florida Rules of Appellate Procedure C Variances may be issued for the repair or rehabilitation of Historic Structures upon a determination that the proposed repair or rehabilitation will not preclude the Structure's continue designation as a Historic Structure and the variance is the minimum to preserve the historic character and design of the Structure D In passing upon such requests, the Village Council shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this Chapter, and (1) the danger that materials may be swept onto other lands to the injury of others, (2) the danger to life and property due to Flooding or erosion damage, (3) the susceptibility of the proposed facility and its contents to Flood damage and the effect of such damage on the individual owner, (4) the importance of the services provided by the proposed facility to the community, (5) the necessity of the facility to a waterfront location, in the case of a functionally dependent facility, (6) the availability of alternative locations, not subject to Flooding or erosion damage, for the proposed use, 28 (7) the compatibility of the proposed use with existing and anticipated Development, (8) the relationship of the proposed use to the comprehensive plan and floodplain management program for that area, (9) the safety of access to the property in times of Flood for ordinary and emergency vehicles, (10) the expected heights, velocity, duration, rate of rise and sediment transport of the Flood waters and the effects of wave action, if applicable, expected at the site, and, (11) the costs of providing governmental services during and after Flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges E Upon consideration of the factors listed above, and the purposes of this Chapter, the Village Council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this Chapter F Conditions for Variances (1) Variances shall only be issued upon a determination that the Variance is the minimum necessary, considering the Flood hazard, to afford relief, and in the instance of a Historical Building, a determination that the Variance is the minimum necessary so as not to destroy the historic character and design of the Building, (2) Variances shall only be issued upon (1) a showing of good and sufficient cause, (ii) a determination that failure to grant the Variance would result in exceptional hardship, and, (iii) a determination that the granting of a variance will not result in increased Flood heights, additional threats to 29 public safety, extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or Chapters (3) Any applicant to whom a Variance is granted shall be given written notice specifying the difference between the Base Flood Elevation and the elevation to which the Building is to be built and stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced Lowest Floor elevation (4) The Village Manager shall maintain the records of all Variances and report any variances to the Federal Emergency Management Agency upon request Sec 11 Administrative Appeals A The Village Council shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the Village Manager in the administration of this Chapter B Any person aggrieved by the decision of the Village Council may appeal such decision to the Circuit Court, as provided in the Florida Rules of Appellate Procedure C The Village Manager shall maintain the records of all appeal actions under this section Section 2 Repeal of Conflicting Provisions All provisions of the Code of Metropolitan Dade County as made applicable to the Village by Article VIII, Section 8 03 of the Village Charter which are in conflict with this Chapter are hereby repealed Section 3 Severability The provisions of this Chapter are declared to be severable and if any section, sentence, clause 30 or phrase of this Chapter 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 Chapter but they shall remain in effect, it being the legislative intent that this Chapter shall stand notwithstanding the invalidity of any part Section 4 Inclusion in the Code It is the intention of the Council Members and it is hereby ordained that the provisions of this Chapter shall become and be made a part of the Village of Key Biscayne Code, that the sections of this Chapter may be renumbered or relettered to accomplish such intentions, and that the word "Ordinance" shall be changed to "Section" or other appropriate word Section 5 Effective Date This Chapter shall become effective on January 20, 1993 PASSED AND ADOPTED on first reading this 22nd day of December, 1992 PASSED AND ADOPTED on second reading this 5th day of January, 1993 Attest 641,..r Village rk Rafaeit H Conte, Mayor APPROVED AS T FORM AND LEGAL SUFFICIENCY k il Villago Attor y 31 E:}je 'tamt Herat PUBLISHED DAILY MIAMI-DADE-FLORIDA STATE OF FLORIDA COUNTY OF DADE Before the undersigned authority personally appeared ANN MARTULA who on oath says that he/she is CUSTODIAN OF RECORDS of The Miami Herald, a daily news- paper published at Miami in Dade County, Florida that the attached copy of advertisement was published in said newspaper in the issues of DECEMBER 15 1992 Affiant further says that the said The Miami Herald is a newspaper published at Miami, in the said Dade County, Florida and that the said newspaper has heretofore been continuously published in said Dade County, Florida each day and has been entered as second class mail matter at the post office in Miami, in said Dade, County Florida, for a period of one year next preceding the first publication of the at- tached copy of advertisement and affiant further says that he has neither paid nor promised any per- son, firm or corporation any dis- count, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper(s) Sworn to and subscribed before me this 5th day of ,Tannary A D 19g1 My Commission expires 7 _ re 9ZC_t� Village of Key Biscayne Notice of Zoning Code Change The VILLAGE OF KEY BISCAYNE proposes the following a^ tons within the area shown on the map in the advertiseme 1 ADOPTION OF AN ORDINANCE ESTABLISHING FLOOD DAMAGE PREVENTION REGULATIONS IN ACCORDANCE WITH THE REQUIREMENTS OF THE NATIONAL FLOOD IN- SURANCE PROGRAM 2 ADOPTION OF AN ORDINANCE AMENDING THE VILLAGE ZONING REGULATIONS TO ELIMINATE ADMINISTRATIVE VARIANCES. A PUBLIC HEARING ON THESE ORDIN CES WILL BE HELD ON TUESDAY, DECEMBER 22, 1992 T 7:00 P.M., AT THE COUNCIL CHAMBER, AT 85 ST MCINTYRE STREET, SECOND FLOOR, KEY BISC NE, FLORIDA 33149 Copies of the proposed ordinances may be o ta,ned at the Key Biscayne Village Offices, Office of the Clerk; 5 West McIntyre Street, Key Biscayne, Florida 33149 Should any person desire to appeal any decision of the Village Councit be considered at this meeting that person shall insure that a verbatim made including all testimony and evidence upon which any appeal m respect to any matter to rd of the proceedings is be based (F S 286 0105) Guido H Inguanzo Jr Village Clerk ORDINANCE NO 93-1 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 33 OF THE CODE OF METROPOLITAN DADE COUNTY AS MADE APPLICABLE TO THE VILLAGE PURSUANT TO ARTICLE 8 OF THE VILLAGE CHARTER, DELETING SECTION 33-36 1 ENTITLED "ADMINISTRATIVE VARIANCES", PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE WHEREAS, pursuant to Article 8 of the Charter of the Village of Key Biscayne certain ordinances of Metropolitan Dade County are made applicable to the Village as municipal ordinances, including Chapter 33 of the Dade County Code (the "Zoning Code"), and WHEREAS, the Zoning Code provides that under certain circumstances, non-use variances may be granted on an administrative basis without the necessity of public hearing or review, and WHEREAS, this Board is of the opinion that such variances should be heard by the Board of Trustees in the same manner as all other variances, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 That Section 33-36 1 of the Code of Metropolitan Dade County as made applicable to the Village is hereby repealed in its entirety Section 2 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 3 Inclusion in the Code It is the intention of the Board of Trustees, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Village of Key Biscayne Code, that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions, and that the word "Ordinance" shall be changed to "Section" or other appropriate word Section 4 Effective Date This Ordinance shall be effective upon adoption on second reading PASSED AND ADOPTED on first reading this December , 1992 22nd day o f PASSED AND ADOPTED on second reading this 5th day of January , 1993 RAFAEL H CONTE, MAYOR ATTEST %r Village C1Le APPROVED AS TO FORM AND LEGAL SUFFICIENCY STEPHE J HEL LLAGE A TORNEY \keybisca\ord\variance 2 4 taint Herald SHED DAILY -DADE-FLORIDA OF FLORIDA Y OF DADE e the undersigned authority orally appeared MARTULA ►n oath says that he/she is TODIAN OF RECORDS ie Miami Herald, a daily news - published at Miami in Dade y, Florida that the attached of advertisement was published Lid newspaper in the issues of EMBER 31 1992 ►nt further says that the said [la= Herald is a newspaper shed at Miami, in the said County, Florida and that the newspaper has heretofore been nuously published in said Dade y, Florida each day and has entered as second class mail ✓ at the post office in Miami, Lid Dade, County Florida, for a xi of one year next preceding first publication of the at - d copy of advertisement and int further says that he has Ler paid nor promised any per - firm or corporation any dis- , rebate, commission or refund the purpose of securing this -tisement for publication in aid newspaper(s) to and subscribed before me 5th day of January A D 1993 �mmi� n re s Village of Key Biscayne Notice of Zoning Code Change The VILLAGE OF KEY BISCAYNE proposes the following ac- tions within the area shown on the map in the advertisement 1 ADOPTION OF AN ORDINANCE ESTABLISHING FLOOD DAMAGE PREVENTION REGULATIONS IN ACCORDANCE WITH THE REQUIREMENTS OF THE NATIONAL FLOOD IN- t SURANCE PROGRAM 2. ADOPTION OF AN ORDINANCE AMENDING THE VILLAGE ZONING REGULATIONa TO ELIMINATE ADMINISTRATIVE VARIANCES. A PUBLIC HEARING ON THESE OR INANCES WILL BE HELD ON TUESDAY, JANUARY 5, 1 3 AT 7 00 P.M , AT THE COUNCIL CHAMBER, AT 8 WEST MCINTYRE STREET, SECOND FLOOR, KEY BISCAYNE, FLORIDA 33149. Copies of the proposed ordinances mayVe obtaine4atthe Key Biscayne Village Offices, Office of the Mark, 8 IN StMotntyre Street, Key Biscayne, Flonda 33149 Should any person desire to appeal any decision of the Village Council with respect to any matter to be considered at this meeting that person shall insure that a verbatim record of theprOceedtngs Ls made including all testimony and evidence upon which any appeal may be WOO (F S 286 0105) tit Guido H Inguanzo Jr fp-ages CJerk