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HomeMy Public PortalAbout1999-04 Creating Chapter 21 Public Rights-of-WayORDINANCE NO. 99-4 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA (THE "VILLAGE"), CREATING CHAPTER 21, "PUBLIC RIGHTS -OF -WAY," TO PROVIDE REGULATIONS FOR THE PLACEMENT OF LANDSCAPING MATERIALS IN THE UNPAVED PORTION OF THE VILLAGE'S RIGHTS - OF -WAY; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the Village Council has found that encroachments into the public rights -of -way, in the form of landscaping, have been allowed to occur over time; and WHEREAS, while much of this landscaping has resulted in the beautification of the Village, it can sometimes also cause a safety hazard to pedestrians walking along the public rights -of -way and to motorists who have their views blocked by overgrown vegetation; and WHEREAS, such landscaping may also be inconsistent with the public's future use of the public rights -of -way; and WHEREAS, the Village Council desires to amend the Village Code in a manner which will allow landscaping to remain in the public rights -of -way areas to the extent that it does not create a safety problem or impair the public's future use of the public rights -of -way; and WHEREAS, it is important that new residents of the Village are aware that there exists public rights -of -way within the Village and that restrictions on the use of that property exist; and WHEREAS, in order to provide such information, the Village will include information regarding landscaping in the public rights -of -way along with its response to lien search requests; NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. That Chapter 21, Rights -of -Way, is hereby created as follows: CHAPTER 21 PUBLIC RIGHTS -OF -WAY ARTICLE I. IN GENERAL Sec. 21-1. Definitions. [As used in this Chapter, the following words and terms shall have the meanings respectively ascribed:] Landscape Materials. Plants, trees, decorative rocks (natural or artificial) and similar items that accent the overall appearance of property. Public Rights -of -Way. Land where the State, Miami -Dade County, or the Village owns the fee or has an easement devoted to, or required for, use as a transportation facility. Street Trees. Trees that are planted and maintained consistently with the Village's street tree planting program. Swale. That portion of the Public Right -of -Way that is not improved with pavement. Village. The Village of Key Biscayne, Florida. ARTICLE II. LANDSCAPING IN THE PUBLIC RIGHTS -OF -WAY Sec. 21-10. Purpose. Surveys conducted in the Village have shown that many property owners have installed landscaping materials within the Swale portion of the Village's Public Rights -of -Way. While, in most cases, these installations have beautified the Village, in some instances the landscaping materials could create a safety threat (such as when they prevent pedestrians from being able to step off of the paved roadway or block motorists' line of sight). Additionally, use of the Public Rights -of -Way in this manner is inconsistent with its use by the public for travel purposes and, restricts the ability to alter the developed portion of the Public Rights -of -Way in the future if the need for such alteration should arise. 2 Sec. 21-11. Restrictions on the Placement of Landscape Materials in the Public Rights -of -Way. Landscape Materials may be installed or maintained in the Public Rights -of -Way subject to the following restrictions: (a) For properties where the driveway(s) can accommodate three or more parked vehicles, an area three feet wide, parallel with and immediately adjacent to the edge of the paved roadway, shall be maintained as a Step Off Clear Zone. No Landscape Materials other than sod are permitted in the Step Off Clear Zone. For properties where the driveway(s) can accommodate less than three vehicles, an area six feet wide, parallel with and immediately adjacent to the edge of the paved roadway, shall be maintained as a Clear Zone. With the exception of Street Trees, no Landscape Materials other than sod are permitted in the Clear Zone. However, plantings with a height not to exceed two and one half feet may be maintained within a radius of 24 inches from the base of any Street Tree. Trees installed prior to the adoption of this ordinance ("Existing Trees") may be retained in the Clear Zone so long as the tree is not less than three feet from the paved roadway, the lowest limb is a minimum of six feet above the ground and they are not so closely situated so as to prevent pedestrians from stepping off of the paved roadway as vehicles pass by. Plantings with a height not to exceed two and one half feet may also be maintained within a radius of 24 inches from the base of any Existing Tree that is allowed to remain pursuant to this provision. (b) Except within a line -of -sight triangle, Landscape Materials with no height restriction may be maintained within the remainder of the Public Right -of - Way area. (c) Line -of -Sight Triangles. There shall be maintained a Line -of -Sight Triangle which shall be an isosceles triangle with sides ten feet along the edge of the driveway and the edge of the street. In cases where a sidewalk exists, an additional Line -of -Sight Triangle with sides five feet along the edge of the driveway and the edge of the sidewalk shall be maintained. Within the Line - of -Sight Triangle Landscape Materials shall be maintained at a height not to exceed two and one half feet or with the lowest tree limb at least six feet above the ground. (d) In cases where the Public Right -of -Way width is greater than 50 feet, the distances from the paved roadway shall be expanded proportionately. (e) When a sidewalk exists or is installed — no Landscape Materials, with the exception of Street Trees, may be maintained between the edge of the paved roadway and the sidewalk. Where Street Trees are have been installed, 3 plantings with a height not to exceed two and one half feet may be maintained within a radius of 24 inches from the base of the Street Tree. (f) Landscape Materials shall be maintained in compliance with the requirements of the Metropolitan Dade County Public Works Manual. Part 1 Standard Details at all street intersections. (g) The sloping of all Public Rights -of -Way shall be maintained in accordance with the Dade County Department of Planning. Development and Regulation Landscape Manual. Sec. 21-12. Village Projects Within the Public Rights -of -Way. The following procedures shall be followed in circumstances where Village projects or improvements in the Public Right -of -Way require removal of Landscape Materials ("Village Projects"): (a) Village Projects must be approved by the Village Council after a public hearing (the "Approval Hearing"); (b) At least 60 days written notice of the Approval Hearing shall be sent by certified mail, return receipt requested, to each owner of property where Landscape Materials are to be removed ("Affected Owner"); (c) At least 60 days prior to an Approval Hearing the Village shall also place an ad in a newspaper of wide readership in the Village containing information regarding the Village Project and the time and date of the Approval Hearing; (d) If the Village Project is approved, the Village shall send written notice, certified mail, return receipt requested, to each Affected Owner requiring that Landscape Materials be removed within 90 days. This 90 day period may be shortened by the Village Council in case of emergency; (e) The Village may remove any Landscape Materials that are not removed by the Affected Owner within the 90 day period; (f) The Village may replace Landscape Materials removed as a result of a Village Project ("Replaced Material"); and (g) The Village shall not be responsible for the maintenance or survival of Replaced Material. Sec. 21-13. Enforcement. 4 Enforcement of the provisions of this article shall be by action before the Special Master or such other method of code enforcement as the Village may use pursuant to the provisions of chapter 162, Florida Statutes. Sec. 21-14. Variances. Owners of developed property may apply for a Supervisory Variance for existing Landscape Material within the Public Rights -of —Way which does not comply with these provisions. Section 2. Conflict. To the extent that the provisions of this Ordinance conflict with the provisions of Section 2-103.16, concerning articles in the public right-of-way, and/or 33-11, concerning fences, walls, bus shelters and hedges, of the Miami -Dade County Code the provisions of this Ordinance shall prevail. 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 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, 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. Applicability. Nothing in this Ordinance shall be applied in a manner which conflicts with the conditions of development orders previously issued or which retroactively conflicts with the adjudications previously made by Special Masters of the Village in code enforcement 5 proceedings. Section 6. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. PASSED on first reading this 11th day of May, 1999. PASSED AND ADOPTED on second reading this 25th day of May, 1999. ,6 CONCHITA ALVAREZ, CMC, VILLAGE C APPROVED AS TO FORM AND LEGAL SUFFI RICHARD JAS' WEISS j VILL6 ATTORNEY C Vdv Doe.mnU1W ordD.Y11 WW ,&`U.. 13way6..w.kard16 fm.ldoc V26A9 II {10 AM 6 JOE I. RASCO, MAY 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 Supervisor, 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 AN ORDINANCE CREATING CHAPTER 21 in the .XXXXX. Court, was published in said newspaper in the issues of May 14, 1999 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 further says that she has neither paid nor promised any pe • , or corporation any disco , rebate, commi refund or the purpose of sec ng this advertis on in the said new 14 day (SEAL) \Octelma V. Ferbeyre Swo IS 9 2 ; 0 COMMISSION NUMBER CC566004 'gyp h I1/TOMMISsION EXPIRES FOF Ft -O JUNE 23,2000 Notice is hereby gilt ttrat the. awing QrCknange w�1 eyed on ♦/l� Second s by the Key Biscayne Village Council C Cil at a rneeting,_*c be �`al , 1 t25R - at /OD N ingthe Council -Chamber, :at -85 Waist McIntyre Stream, -Second -OW, • Key Biscayne, grid o .. • . -= AN ORDINANCE OF THE VKAAGG OF KEY YP s ,. FLORIDA.. (Ti'i ATING CHAPTER 21, STREETS AND A4.*I81.70 PROVIDE REGULA- TI©NS FOR LANDSCAPING MA - RIALS IN T#06c1INPMEEktrIFORTION OF THE Cart RI r :-,0 11R4WIDSWIFOR SEVERABILITY; PRO- VIDBIG FoRdilleiwaIITE. pe•r Interested parties3> :to appear and be heard. A copy of the ' proposed ordinance may,, ned at Village Hall, Office of the Vil- lage Clerk, 91 West McIntyre Street, Suite 201, Key , Florida 33149. '. e tn accordance) ficsins-WithVisibilities_ of 1990, all persons who are '+ tions to participate in thIS4 bise h� should contact the Office of the 1►Ytaga., -$ 1iliesit letelnt+ t Street, Suite 201, Key Biscayne, Florida ,33149, telephone number (305) 365-5506, not later than two business days odor to such proceeding. Should any wean desire to appeal any decision of -the Village Council with respect to any matter to be considered at this meeting, that person shat are Ibat avert atire mongol the pretcsadings is made including -la esatintiny and evidence fir+ which Ilirfr appeal may. Waned ael (F.G 286:01O5). 5/14- Conchita H. Alvarez, CMC Village Clerk 99-4_-_0514115it _