Resolution 1995-547
RESOLUTION NO. 95- 547
RESOLUTION GRANTING A WAIVER OF THE MAXIMUM
ALLOWABLB NOISB LEVEL AND TIMB-OF-DAY
RESTRICTIONS SPECIFIED IN SUBSECTION 54-92(e)
OF THB COLLIER COUNTY CODE.
WHEREAS, the nature of the construction and critical time
requirements to complete the Collier County Beach Restoration
Project will roake it necessary for noise generating construction
equipment to cperate 24 hours each day, 7 days each week, in the
vicinity of residentially zoned property; and
WHEREAS, the beach restoration project is in unincorporated
Collier county; and
WHEREAS, Subsection 54-9: (e) of the county (ode provides that
tI
construction equipment t1.at must be operatec near a
residentially zoned area on a 24 hour basis (i.e" pumps,
welltips, generators, etc,) shall be shielded by a barrier to
reduce t:he noise during the hours of 6:00 p.m. t'1 7:00 a.m. unless
the unshielded noise level is less than 55 dBA, i',easured at the
closest adjacent residential oned ~roperty line"; and
WHEREAS, the operation c: some such equipmelt may from
time-to-time e'.cceed the maxim..m allowable noise levels during the
hours of 6:00 p.m. to 7:00 a.m., when measured at the closest
residentially zoned property; and
WK'.E:REAS, pursuant to sub',ection 54-87 of th\ Collier County
Code, tne limi~ations of subf !ction 54-92(e) apr.y to the subject
beach restoration project; at
WHEREAS, section 54-89 c;: the County Code pr.ovides that
applications for a waiver for relief from the macimum allowable
noise level L.mits and time-of-day restrictions lesignated in
Article IV of Chapter 54 of \)le Code, shall be made in writing to
the Board of County commissioners if the activit', creating such
noise is within the unincorporated area of the c)unty; and
WHEREAS, the County, by means of its Execut ive Summary
submitted to the Board of County commissioners, pursuant to
subsection 54 '89 of of the c~unty Code, is applying for such a 30
day wai.ver; and
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WHI!:REAS, Waivers may be issued for no longer than 30 days,
which waivers are renewable by further application to the Board of
County Commissioners; and
WHJ~REAS, if it is determined during the first 30 day waiver
that th(! noise conditions actually being experienced by applying
the applicable noise restrictions require an additional waiver,
staff will sulmit a further application to extend the noise
waiver.
NOH, THEr.EFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
l. The ;oard of County r ommissioners, pur~ant to subsection
54-89 of the r.ollier County Cede of Ordinances, Iccepts staff's
application fur a noise waive: and hereby grants a waiver of the
maximum noise level during th/. hours of 6:00 p.m to 7:00 a.m. for
construction activities relatt.,d to the Collier Cc;unty Beach
Restorat.ion Project from November 1, 1995 until November 30, 1995.
2. If it is determined that the noise gene :."ated from these
construction activities durin, the first 30 day \ 'aiver period
require an extension of this: oise waiver, staff shall apply to
the Board of Cnunty Commissio ers to extend this waiver and any
such applicatLm for an extension shall be considered by the Board
under the then existing circumstances.
3. Nothing herein shall imply that the Boaj':! will not impose
conditions upon this waiver 0' any extensions of this waiver if
valid noise conplaints justif such conditions.
THIS RESOLUTION ADOPTED fTER MOTION, SECON[
V~7.;,.r.~~~,.,~t DAY OF ...-h;4". , 1995.
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" .', ATTEST , '.' "
;', DWIGHT E/ BROC':, CLERK
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AND MAJORITY
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,.Ap rov~d as to
and .~9~1
COMMISSIONERS
FLORIDA
. ~"TTH~z~LRMAN
......
Attorney
HEH/lgk/10511/Rev-TCP
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