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Home My Public Portal About2023-03 Amending Chapter 21 of the Village Code of Ordinances to establish construction and permitting requirements for construction work in the public rights-of-wayO RD IN A N C E N O . 2023-03 A N O RD IN A N C E O F T H E V IL L A G E O F KE Y BISCA Y NE , F L O RI D A , A M E N D IN G C H A PT E R 21 O F T H E VILL A G E C O D E O F O RD IN A N C E S TO ESTA BL ISH C O N ST R U C T IO N A N D PE RM IT T IN G RE Q U IRE M E N T S FO R C O N ST R U C T IO N W O RK IN TH E PU B L IC RI G H T S O F -W A Y ; PR O V ID IN G FO R SE V E RA B IL IT Y ; PR O V ID IN G FO R C O D IF IC A T IO N ; PR O V ID IN G FO R CO N F LICT S; A N D P R O V ID IN G FO R A N EF F E C T IV E D A T E . W H E RE A S, the Village of Key Biscayne (the "Village") has a substantial and significant public interest in maintaining and protecting the Public Rights-of-Way; and W H E RE A S, the Public Rights-of-Way are essential for the travel of persons and the transport of goods throughout the Village; and W H E RE A S, there are a number of entities and government agencies that have commenced construction or maintenance work: within the Public Rights-Of-Way; and W H E RE A S, in order to minimize the impacts of such construction or maintenance work, the Village desires to regulate construction within the Public Rights-Of-Way in order to maximize efficiency, minimize costs to Village taxpayers, and reasonably balance the potential inconvenience to and negative effects upon the public; and W H E RE A S, the Village Council desires to adopt requirements for construction or maintenance work in the Public Rights-of-Way; and W H E RE A S, the Village Council finds that adoption of this Ordinance is in the best interest and welfare of the Village and its residents. N O W , T H E RE F O RE , B E IT O RD A IN E D B Y T H E V IL LA G E CO U N C IL O F TH E V IL L A G E O F K E Y B ISC A Y N E , FL O RI D A , A S FO L L O W S:1 Section 1. R ecitals. The above-stated recitals are true and correct and are incorporated herein by this reference. Section 2. C reating A rticl e IV "C onstruction in Public Rights-of-W ay" of the V ill age C ode. That the Code of Key Biscayne, Florida, is hereby amended by adding Article IV "Construction in Public Rights-Of-Way" to Chapter 21 "Public Rights-of-Way," which Article reads as follows: CHAPTER 21 -PUBLIC RIGHTS-OF-WAY *** 1 Coding: 8trikethro ttgh words are deletions to the existing words. Underlined words are additions to the existing words. Changes between first and second reading are indicated with highlighted d1iuble stril~etlm iugk and double underline A R T I C L E I V . -C O N S T R U C T I O N I N P U B LI C RI G H T S -O F -W A Y *** Sec.21-37. Permit required for @onstrn@tio11 or maint@noo@@ wWork in Public Rights-of-Way within the Village. (a) P erm it required. Except as otherwise provided herein, it shall be unlawful for any person, corporation, partnership, association, governmental agency, or other legal entity to do any construction or maintenance work related to any Public Rights-of- Way ("Work"), unless a permit has been obtained from the Village and the required permit fees have been paid. Any such work by a Communications Services Provider shall be governed by Article III, Sec. 21-23. (b) P erm it Fee. The Village Council shall establish a fee for @onstrn@tio11 or maint@noo@@ wWorks in Public Rights-of-Way within the Village. For County Public Works Department projects, the Village and the County shall enter into an Interlocal agreement to establish a permit fee. The Village Manager or designee may impose fees for the issuance of permits by the Public Works Department. Such fees shall be set and may be amended from time to time by resolution of the Village Council following a public hearing ( c) A ppli cation. A permit application shall be made at least 96 hours in advance of any planned @011stnrntio11 or rn.ai11t@nan@@ ww'.ork within any Public Rights-of-Way. As part of any permit application for @onstnt@tion or maint@nan@@ wWork in Public Rights-of-Way within the Village, the permittee shall provide a proposal for @onstnrntion or maint@nan@@ wWork that sets forth at least the following: (1) An engineering plan signed and sealed by a Florida Registered Professional Engineer, or prepared by a Person who is exempt from such Registration requirements as provided in F.S. § 471.003, identifying the location of@onstnwtion wWork to be installed, where it is to be located, and the approximate size of Facilities and equipment that will be located in Public Rights-of-Way; (2) A description of the scope of work (i.e., anticipated construction methods and/or techniques); (3) A traffic maintenance plan for any disruption of the Public Rights-of-Way; ( 4) A point of contact from permittee and point of contract from work crew; (5) The timetable for construction of the project or each phase thereof, and the areas of the Village which will be affected; aH€l ( 6) gtt@h additional information r@qtt@st@d hy th@ Villag@ that th@ Villag@ finds r@asonahly n@@@ssary to r@vi@w th@ f)@rmit ari:rili@ation. A restoration plan requiring the Public Rights-of-Way to return to original or better condition, at permittees sole cost and expense: an (7) Such additional information requested by the Village that the Village finds reasonably necessary to review the permit application. 2 (d ) R estoration of R ights-of Way after com pletion of w ork. The permittee shall notify the Village upon completion of the wJYork and return the Public Rights-of-Way to original or better condition at permittees sole cost and expense. (e) P erm itt ing fo r C ounty P ublic Works D epartm ent P ro;ects. County Public Works Department projects shall be reviewed, approved, and any applicable fees be accessed assessed! in accordance with County Code Sec. 2-103 .1, as amended. *** 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. Codification. That 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 Village's Code of Ordinances, and 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. Conflicts. That all ordinances or parts of ordinances, resolutions or parts of resolutions, in conflict herewith, are repealed to the extent of such conflict. Section 6. Effective Date. That this Ordinance shall become effective immediately upon final adoption on second reading. PASS ED on first reading on the 17th day of January 2023. PASSED AND ADOPTED on second reading on the 121h day of February 2023. / ATTEST: ~~'G¥-och VILLAGE CLERK 3 S TO FO RM A N D LE G A LI T Y : J~~ - W E ISS SE R O T A H E L FM A N C O L E & B IE RM A N , P.L. V IL L A G E A T T O R N E Y 4 M IA M I-D A D E STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared GUILLERMO GARCIA, who on oath says that he or she is the DIRECTOR OF OPERATIONS, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, of Miami-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE - ORDINANCES - SECOND READING - FEB. 15, 2023 in the XXXX Court, was published in a newspaper by print in the issues of Miami Daily Business Review f/k/a Miami Review on 02/03/2023 Affiant further says that the newspaper complies with all legal for publication in chapter 50, Florida 3 ,,:!r= GUILLERMO GARCIA personally known to me ... •·~v·;/·•••, /.f:?"t· '•¥t~\ ROSANA SALGADO (t. .... ,.· );J Commission# HH 336987 •"l;i·vC,.$1: E. ·•,.f.kr:i.~?}·· xpires November 30, 2026 -··-----------.J VILLAGE OF. KEY BISCAYNE OFFICE OF THE VILLAGE CLERK PUBLIC NOTICE Notice. is hereby given that the following ordinances will be eonsidered on seceno Re~ding by the Village Council of the Vill~ge of Key Biscayne at a meeting to be held on Wednesday, February 15, 2023 at 6:30.p.m., in the Council Chamber, located at 560 Crandon Boulevard, Key Biscayne, Florida: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING ORDINANCE NO. 2022-06 WHICH · ADOPTED THE BUDGET FOR FISCAL YEAR 2022-2023 BY REVISING THE 2022-2023 FISC_AL YEAR BUDGET (BUDGET AMENDMENT NO. 3}; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF. THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 21 OF THE VILLAGE CODE OF ORDINANCES TO ESTABLISH CONSTRUCTION AND PERMITl'ING REQUIREMENTS "FOR CONSTRUCTION WORK IN THE· PUBLIC RIGHTS-OF-WAY; PROVIDING, 'FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The proposed ordinances may be inspected 'by the public at the Office of. the· Village Clerk. Interested parties may appear in person 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 isl asked to register with the Village Clerk prior to that item being heard. ·In accordance with the Americans with Disabilities Act of 1990, all persons iwho are disabled and who need special" accommodations to participate in, lthis 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 than two business days prior to such proceeding. . · . . Should any_ person desire to appeal any decision of the VIiiage Council with respect to any matter.to be considered at this meeting, that person shall insure that a verbatim record of the proceedinqs is made including all ·testimony and evidence upon which any appeal may be based (F.S: ~~~ . Comments of any interested 'party relative to this matter may be submitted in writing via email to publiccomments@keybiscayne.fl.gov or-presented in person at the public hearing. 2/3 Jocelyn B.' Koch, VIiiage Clerk . 23-84/0000644090M