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Home My Public Portal About2006-07 Amending Chapter 21 Public Rights-Of-WayORDINANCE NO. 2006-7 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 21 "PUBLIC RIGHTS -OF - WAY", AT ARTICLE II "LANDSCAPING IN PUBLIC RIGHTS -OF -WAY", BY CREATING SECTION 21-15 "EXEMPTION" TO EXEMPT THE VILLAGE SANITARY SEWER AND WATER LINE IMPROVEMENT PROJECT FROM THE PROVISIONS OF SECTION 21-12 "VILLAGE PROJECTS WITHIN THE PUBLIC RIGHTS -OF -WAY"; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 21-12 "Village Projects within the Public Rights -of -Way" imposes certain procedures to be followed in circumstances where Village projects or improvements in the public right of way require removal of landscape materials; and WHEREAS, the presently pending Village sanitary sewer and water line improvement project (the "Project"), is already subject to specific public hearing requirements pursuant to Village Charter Section 4.03(9); and WHEREAS, the Village Council finds that it is not necessary or desirable to provide for the Project to be subject to the additional public hearing and notice procedures set forth in Section 21-12 of the Village Code, and that the application of such procedures to the Project may serve to delay or impede the Project; and WHEREAS, the Village Council finds that the adoption of this Ordinance is in the best interest of the Village. NOW THEREFORE, IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. That each of the above stated recitals are hereby adopted and confirmed. Section 2. Village Code Amended. That the Village Code of the Village of Key Biscayne, Florida, is hereby amended by amending Article II "Landscaping in Public Rights -Of -Way", of Chapter 21 "Public Rights -of- Way", which Article prior to the adoption of this Ordinance consisted of the provisions which are set forth on Exhibit "A" attached hereto, by creating Section 21-15 "Exemption", to read as follows: Sec. 21-15. Exemption. The provisions of Section 21-12 "Village Projects within the Public Rights - of -Way" shall not be applicable to that certain sanitary sewer and water line improvement project (the "Project") which is authorized by Capital Project Authorizing Ordinance No. 2006-6, as adopted on June 27, 2006. The Village Manager may authorize the Project contractor to remove any Landscape Materials which are in conflict with the work of the Project. The Village Manager may replace Landscape Materials which are removed as a result of the Project, in accordance with the Project work items, but the Village shall not be responsible for the maintenance or survival of any Landscape Materials which are so replaced. Section 3. Severability. That 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. That it is the intention of the Village Council, and it is hereby ordained that the provisions 2 of this Ordinance shall become and be 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. That this Ordinance shall be effective immediately upon adoption on second reading. PASSED AND ADOPTED on first reading this 13th day of June, 2006. PASSED AND ADOPTED on second reading this 27th day of June, 2006. ,to c.,c4,, ct, L — MAYOR ROBERT OLDAKOWSKI ATTEST: CONCHITA H. ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENC VILLAGE ATTO' ►;j Y 3 EXHIBIT "A" ARTICLE II. LANDSCAPING IN 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. 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 chapter ("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 2 1/2 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. 4 (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 2 1/2 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, plantings with a height not to exceed 2 1/2 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; 5 (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) (g) The Village may replace Landscape Materials removed as a result of a Village Project ("Replaced Material"); and The Village shall not be responsible for the maintenance or survival of Replaced Material. Sec. 21-13. Enforcement. 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 F.S. Chapter 162. 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. F:/103.001/Ordinances/Ordinance Amending Rights of Way 5.11.06 6 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or 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 Miami -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 6/27/06 in the XXXX Court, was published in said newspaper in the issues of 06/16/2006 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, re ate, corn or refund for the purpose of securing s advert;. ent for publication in the said newspap (SEAL) Sworn to and subscribed before me this • O.V. FERBEYRE personally kn wn-4-6 me, ,) EF . $I�CAYNE F. THE VILLAGE CLERK PUBLIC NOTICE Notice is hereby given that the following ordinances will, be considered on Second Reading by the Village Council of the Village of Key Biscayne at a meeting to be held on Tuesday, June 27, 2006 at 7:00 p.m., in the Council Chamber, located at 560 Crandon Boulevard, Key Biscayne, Florida: A CAPITAL PROJECT AUTHORIZING ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA (THE "VILLAGE"), CONCERNING THE CONSTRUCTION OF CRANDON BOULEVARD IMPROVEMENTS - PHASE III OF THE VILLAGE; AUTHORIZING AND PROVIDING FOR THE VILLAGE TO CONSTRUCT IMPROVEMENTS ON CRANDON BOULEVARD AND AT CERTAIN ROADWAYS IN THE VICINITY OF CRANDON BOULEVARD, AS DESCRIBED HEREIN; AUTHORIZING EXPENDITURE OF FUNDS; PROVIDING FOR NOTICE OF ORDINANCE ADOPTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE, OF THE- VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING SECTION 22-31 "WEST MASHTA ROAD BRIDGE" OF CHAPTER 22 "PUBLIC PLACES" THE VILLAGE CODE TO PROVIDE RESTRICTIONS ON HOURS OF USE AND TO AMEND REFERENCE TO SPECIAL EVENT PERMIT SECTION IN CONFORMANCE WITH REVISIONS TO CHAPTER 17; PROVIDING FOR SEVERABILITY; PROVID- ING FOR INCLUSION IN THE CODE; PROVIDING FOR A PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE. A CAPITAL PROJECT AUTHORIZING ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA (THE:"VILLAGE"), CONCERNING THE CONSTRUCTION OF THE SANITARY SEWER AND,WATER LINE IMPROVEMENT PROJECT (THE "PROJECT") OF THE VILLAGE, AUTHORIZING AND PRO- VIDING FOR THE VILLAGE TO CONSTRUCT THE PROJECT AS DgsCRIKD HEREIN; AUTHORIZING EXPENDITURE OF FUNDS; . PROVIDING ' FOR NOTICE _ OF ORDINANCE ADOPTION;TROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 21 "PUBLIC- RIGHTS -OF - WAY", AT ARTICLE iI "LANDSCAPING IN PUBLIC RIGHTS - OF -WAY", BY CREATING SECTION 21.15 "EXEMPTION" TO EXEMPT THE VILLAGE SANITARY SEWER AND WATER LINE IMPROVEMENT PROJECT FROM THE PROVISIONS _OF SECTION 21-12 "VILLAGE PROJECTS WITHIN THE PUBLIC - RIGHTS -OF -WAY" • PROVIDING FOR SEVERA- BILITY; PR VIDINGFOR INCLUSION'IN CODE;` PROVIDING FOR AN -EFFECTIVE DATE._, The proposed Ordinances maybe inspected by the public at the Office of the Village Clerk. Interested parties may appear at the Public Hearing and be heard with respect to the proposed Ordinances. _Any person wishing to address the Village Council on any item at this Public Hearing ,is asked to register with'the Villag'OIerk prior to -that item being heard. In accordance with the Americans - With Disabilities Act of 1990- all persons who are -disabled and who need _special- accommodations to participate in this proceeding because of that disability should contact the Office of the Village -Clerk, 88°West McIntyre Street, Suite 220, Key Biscayne, Florida 33149, telephone number' (305) 365-5506, not later thantwo business days prior to such proceeding. 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 ail testimony and evidence upon which any appeal maybe' based (F.S. 286.0105). Corhm nts of any interested pay relative to, .this matter may be submitted in writing and or presented inperson at the public hearing. 6/1 `` „Conchitrr H. A_Iv,,ar0,-CMC Village Oierk 06-4-25/691576M