A. Purpose
The purpose of this section is to establish a uniform mechanism for vacating or abandoning developed and undeveloped public rights-of-way and easements when they are no longer required or needed by the city or designated on the Broward County Trafficways Plan.
B. Applicability
The City Commission shall review and decide applications to vacate or abandon public rights-of-way and easements in accordance with this section.
C. Right-of-Way or Easement Abandonment 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 recommendation by the Development Services Director (See Section 155.2304.).
5. Step 5: Public Hearing Scheduling and Notice
Applicable (See Section 155.2305.), except that in providing notice of the public hearing(s) on the application in accordance with Section 155.2305.C, Public Hearing Notice, the Development Services Director shall:
a. Construe that section's references to the "parcel" or "property" subject to the application as incorporating the segment of right-of-way or easement proposed to be vacated or abandoned;
b. Also provide mailed notice of the public hearing to every utility agency authorized to maintain facilities within that part of the city in which the subject right-of-way or easement is located.
6. Step 6: Advisory Body Review and Recommendation
Applicable to a recommendation by the P&Z (See Section 155.2306.), following a quasi-judicial public hearing on the application conducted in accordance with Section 155.2307.B, Public Hearing.
7. Step 7: Decision-Making Body Review and Decision
Applicable to a final decision by the City Commission, following a quasi-judicial public hearing (See Section 155.2307.). The following alternative or additional procedures shall apply:
a. The City Commission's final decision shall be one of the following:
i. Approval of the application as submitted;
ii. Approval of the application with a reduction in the amount or extent of right-of-way or easement that is vacated or abandoned; or
iii. Denial of the application.
b. Conditions of approval may include requirements for retention of a public utility easement in any portion of a vacated right-of-way.
D. Right-of-Way or Easement Abandonment Review Standards
An application for abandonment of a public right-of-way or easement shall be approved only on a finding that all of the following standards are met:
1. The right-of-way or easement is not now, or in the foreseeable future, of any benefit to the city or its inhabitants; and
2. Abandonment of the right-of-way or easement is consistent with the comprehensive plan.
E. Survey Preparation and Recordation
1. If the application is approved, the applicant shall prepare documentation that identifies the public rights-of-way and easements to be vacated or abandoned and incorporates conditions of approval and any required certification forms and signatures, and submit the documentation to the City Engineer for review and approval.
2. On determining that the City Engineer has approved the documentation as appropriate to the abandonment of the public right-of-way or easement, the Development Services Director shall certify the city's approval of the documentation in accordance with this Code and shall file the approved documentation with the Broward County Records Division for recording.
F. Effect of Right-of-Way or Easement Abandonment
Approval of the total abandonment of a public right-of-way or easement and recording of a survey showing the abandonment shall extinguish the right of the public to use the right-of-way or easement. Title to any land on which a public right-of-way or easement is so vacated or abandoned shall revert to the underlying or adjacent landowners, in accordance with state law.
(Ord. 2012-64, passed 9-11-12; Am. Ord.
2019-110
, passed 9-24-19)