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Ordinance 026-2015A PA" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 ORDINANCE 026 -2015 AN ORDINANCE BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AMENDING SECTION 19 -1 OF THE MONROE COUNTY CODE OF ORDINANCES CONCERNING ROAD ABANDONMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, staff has received requests and the Board of County Commissioners has considered requests to abandon portions of the County's right of way which are not for the full width of the road, but only a portion of the road or right of way which will be usable to the applicant; and WHEREAS, granting of such requests does not relieve the burden of maintenance or upkeep by County staff and lessens the potential for use of the right of way for utilities or other public uses for public benefit; and WHEREAS, the BOCC approved Resolution No. 250 -1998 on June 10, 1998, to address concerns with abandoning irregular pieces of the road that could result in confusion in the future with respect to paving and maintenance, and that such an abandonment will prompt numerous petitions to carve irregular sections out of roadways; and WHEREAS, BOCC Resolution No. 250 -1998 did not allow partial abandonments to be considered and it was determined in 2010 that the criteria of Resolution No. 250 -1998 were more appropriately placed in an ordinance and codified; and WHEREAS, the BOCC approved Ordinance 017 -2010 amending Section 19 -1 to include the criteria from Resolution No. 250 -1998; and WHEREAS, Florida Statute Section 336.09 provides authority to allow for partial right of way abandonments; and WHEREAS, certain circumstances may allow for consideration of partial right of way abandonment and clarification of the road abandonment process is necessary. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. Section 19 -1 of the Monroe County Code shall be amended as follows: I A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Sec. 19 -1. - Abandonment of Rights -of -Way. (a) All applications for the abandonment of public rights of way shall demonstrate the right of way is no longer required for public use and convenience. Any proposed abandonment must demonstrate that such action will not adversely affect public safety or convenience or otherwise have a negative impact on the County system of streets or public or private utility facilities. (b) No dedicated and accepted right -of -way in the county shall be abandoned where: 1) The right -of -way terminates on a body of open water; or 2) The right -of -way provides access to the public to land on open water; or 3) The abandonment would preclude a way for the public to maintain access to the water. (c) In all other cases of abandonment, no right -of -way shall be abandoned unless there is an agreement to do so by all affected property owners. For purposes of this subsection, an affected property owner is the owner of property which directly adjoins the area subject to abandonment or, if the right -of -way is abandoned, will: 1) Have access that is currently used by that property owner eliminated or diminished; 2) Have the only platted access eliminated; 3) Have the paved area adjacent to that property increased for turn - around purposes; or 4) Be increased in size. (d) All right of way abandonments shall comply with the County Code and Standard Engineering requirements for road, turn- around and fire- rescue access. If required for safety purposes, as determined by either Fire Marshal or County Engineer, a dedicated turn- around area shall be shown on the submitted survey and shall be agreed to in writing and constructed with payment by the property owner(s) requesting abandonment. (e) A right of way may be abandoned only at the terminal portion of the road and in its full width unless one of the following applies; 1. An adjacent lot owner has on the platted right -of -way or within a setback a substantial structure which predates the Special Session Law 59 -1578 pertaining to maps, plats and right -of -way. The term "substantial structure" specifically does not include wood or metal fences, sheds or tiki huts or other items not listed which are accessory structures; or 2. The abandonment is requested by a County department or governmental agency for a public use; for purposes of this subsection public use is a public facility and /or public /private utility; or 3. The right of way area is unusual in size or shape and after abandonment the remaining right of way width will be the same on both sides of the abandonment as show in Example 1. 2 I (f) Any right of way abandonment at the end of a road requires adequate turning radius for public 2 safety vehicles. The applicant shall coordinate with the Monroe County Fire Marshal, 3 Engineering Department, and Sheriff's Office prior to application submittal. 4 (g) For all right of way abandonments at the terminus of a road where a turn- around is required by 5 the Monroe County Fire Marshal, Engineering Department, or Sheriff's Office the applicant shall 6 submit a survey showing the proposed location and dimensions. 7 (h) All right of way abandonment requests shall require a survey prepared by a state licensed 8 surveyor, dated not more than 180 days prior to the date of submission of the application. The 9 survey shall depict the precise location and dimensions of the area to be vacated and text from the 10 recorded plat that dedicated the right of way. The survey shall also depict all parcels of land 11 within 200 feet of the subject right -of -way and all public and private easements, public utility 12 facilities and private franchise facilities located in or upon said right -of -way. The Planning 13 Director and County Engineer may elect to waive elements of the survey requirements in cases 14 where it is determined that inclusion of an element on the survey is not necessary for the 15 evaluation of the application. 16 (i) Applicant must submit a copy of the recorded plat with the application. 17 (j) All applications require a title certification, prepared not more than 90 days prior to submission of 18 the application specifying language from the plat that dedicated the right of way and the County's 19 interest in the right of way. 20 (k) Each abandonment application shall include written statements, dated not more than 90 days prior 21 to the date of submission of the application, from all public and private utilities servicing the 22 subject property including water, sewer, electric, telephone, and cable television stating any 23 objection or required mitigation to the proposed abandonment. 24 (1) Upon the filing of a complete application, as determined by the Planning Director the petition 25 shall be reviewed by affected County departments as follows: 26 1) Review for consistency with the Comprehensive Plan by the Department of Planning. 27 2) Review for impact on public safety and convenience by the County Engineer, Sheriff, 28 and Fire Marshal or designees. 29 3) Review for impact on transportation system and drainage by the County Engineer, or 30 designee. 31 4) Review for title interest by County Attorney. 32 (n) The Board of County Commissioners considers these a restriction on the rights of individuals 33 who desire to abandon properties in accordance with F.S. § 336.09. 34 35 Section 2. Severability. 36 If any portion of this ordinance is for any reason held invalid or declared to be unconstitutional, 37 inoperative or void, such holding shall not affect the remaining portions of this ordinance. If this 38 ordinance or any provision thereof shall be held to be inapplicable to any person, property or 39 circumstances, such holding shall not affect its applicability to any other person, property or 40 circumstances. 41 42 Section 3. Conflicting Provisions. 43 All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of 44 said conflict. 45 46 47 48 3 1 Section 4. Inclusion in the Code of Ordinances. 2 The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the 3 County of Monroe, Florida, as an addition to amendment thereto, and shall be appropriately renumbered 4 to conform to the uniform numbering system of the Code. 5 6 Section 5. Transmittal and Effective Date. 7 This Ordinance shall be filed with the Department of State and shall be effective as provided in section 8 125.66(2)(b), Florida Statutes. 9 10 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a 11 regular meeting held on the day of _�e L� , 2015. 12 13 14 Mayor Danny L. Kolhage Yes 15 Mayor pro tem Heather Carruthers Yes 16 Commissioner Sylvia Murphy Yes 17 Commissioner George Neugent Yes 18 Commissioner David Rice Yes 19 20 21 22 BOARD OF COUNTY COMMISSIONERS 23 OF MONROE COUNTY, FLORIDA 24 25 T 26 BY: dw 27 Mayor ny L. Kolhage 28 Z W MONROE COUNTY ATTORNEY PROVED ASM FORM: t ..J STEVEN TT.. k,AA,.LiAMS ASSISTANT C Q U TY ATTORNEY Date (W t /S 4 October 28, 2015 Mr. Ernest L. Reddick, Program Administrator Administrative Code & Weekly R.A. Gray Building 500 S Bronough Street Tallahassee FL 32399 -0250 Dear Mr. Reddick, Enclosed please find a certified copy of Ordinance No. 026 -2015 A Public Hearing to consider modifications to Monroe County Code of Ordinances Section 19 -1 Abandonment of Right -of- Way. This Ordinance was adopted by the Monroe County Board of County Commissioners at a Regular Meeting, held in formal session, on October 21, 2015. Please file for the record. Should you have any questions please feel free to contact me at (305) 295 -3130. Respectfully submitted, Amy Heavilin, CPA, Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners by: Cheryl Robertson, D.C. cc: County Attorney via e-mail Growth Management via e-mail County Administrator via e-mail BOCC via e -mail MuniCode via e-mail File FLORIDA DEPARTMENT Of STAT RICK SCOTT Governor October 27, 2015 Honorable Amy Heavilin Clerk of the Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Attention: Ms. Cheryl Robertson, Executive Aide Dear Ms. Heavilin: KEN DETZNER Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Monroe County Ordinance No. 026 -2015, which was filed in this office on October 27, 2015. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250 Telephone: (850) 245 -6270 • Facsimile: (850) 488 -9879 www.dos.state.fl.us