A. Purpose
The purpose of this section is to establish a uniform procedure for city acceptance of right-of-way or easements being offered for dedication to the public, where such offers are made independent of a procedure for review of an application for Plat Approval or other application reviewed under this Code.
B. Applicability
The City Manager or his designee shall review and decide any applications associated with a development permit in Chapter 155 that request city acceptance of an offer to dedicate to the public any right-of-way or easement in accordance with this section.
C. Right-of-Way or Easement Dedication Acceptance Procedure
1. Step 1: Pre-Application Meeting
Optional (See Section 155.2301.).
2. Step 2: Neighborhood Meeting
Not applicable.
3. Step 3: Application Submittal and Acceptance
Applicable (See Section 155.2303.), except that applications may be initiated by the City Commission, P&Z, or Development Services Director, as well as a person who may submit an application in accordance with Section 155.2303.A, Authority to Submit Applications.
4. Step 4: Staff Review and Action
Applicable to a decision by the City Manager or his designee. The City Manager may take one of the following actions on the application:
a. Approval of the application as submitted;
b. Approval of the application with a reduction in the amount or extent of right-of-way or easement dedication accepted; or
c. Denial of the application.
5. Step 5: Public Hearing Scheduling and Notice
Not Applicable (See Section 155.2305.).
6. Step 6: Advisory Body Review and Recommendation
Not Applicable.
7. Step 7: Decision-Making Body Review and Decision
Not Applicable
D. Right-of-Way or Easement Dedication Acceptance Review Standards
An application for acceptance of a right-of-way or easement shall be approved only on a finding that all of the following standards are met:
1. Acceptance of the proposed right-of-way or easement would be in the best interest of the public;
2. Acceptance of the proposed right-of-way or easement is consistent with the comprehensive plan; and
3. The city is capable of maintaining and regulating the proposed right-of-way or easement in an efficient and economical manner.
E. Survey Preparation and Recordation
1. If the application is approved, the applicant shall prepare a survey showing the rights-of-way or easements and incorporating accepted conditions of approval and any required certification forms and signatures, and shall submit the survey, and all other documentation appropriate to acceptance of the dedicated rights-of-way or easements, to the City Engineer for review and approval.
2. On determining that the City Engineer has approved the survey and other appropriate documentation, the Development Services Director shall certify the city's approval of the survey and documentation in accordance with this Code and shall file the approved survey and other documentation with the Broward County Records Division for recording.
F. Acceptance of Dedication
Approval of an application for Right-of-Way or Easement Dedication Acceptance and recordation of a survey with the Broward County Records Division shall, unless otherwise specified on the survey, constitute the acceptance of the dedication to public use of any rights-of-way and easements as shown on the survey. This acceptance of dedication shall not constitute or imply a responsibility of the city or other public agency to open or maintain such rights-of-way or easements, or any improvements therein, until so determined by the City Commission or other public agency.
(Ord. 2012-64, passed 9-11-12; Am. Ord.
2019-110
, passed 9-24-19)