 |
Brevard County |
 |
Code of Ordinances |
|
Chapter 86. ROADS AND BRIDGES |
|
Article II. VACATION OF ROADS, RIGHTS-OF-WAY AND EASEMENTS |
§ 86-36. Authority to vacate and petition requirements.
The board of county commissioners may in its own discretion and on its own motion, or upon request by petition duly signed by citizens or residents, is hereby authorized and empowered to close, vacate and abandon any county road, right of way, alley way, place of travel or easement (of any type) or any portion thereof within its jurisdiction. If the county acts upon its own motion, no fees shall be collected, but the county staff shall prepare a petition and process the petition and described in this section and sections 86-38 through 86-41.
All requests for vacating county roads, rights-of-way and easements by citizens and residents shall be made by verified written petition, in a form or forms required by and filed with the county, including, but not limited to, the following information:
(1)
Easements:
a.
A boundary survey and description of the easement to be vacated.
b.
The boundary survey must be current within 90 days from the date of application.
c.
The boundary survey must tie the easement to the applicant's property, parent tract, parent lot, and/or some well defined boundary line.
d.
The location of any improvements and encroachments within the easement to be vacated must be shown on the survey.
e.
The boundary survey and description must be prepared by a professional surveyor and mapper licensed in the state. Said boundary survey must comply with the requirements for a boundary survey as outlined in the Florida Minimum Technical Standards pursuant to Chapter 472, Florida Statutes.
f.
The boundary survey and description will be recorded in public records and therefore should be prepared at a scale suitable for recordation and reproduction.
(2)
Roads, rights of way, alleyway and or any other place of travel:
a.
A boundary survey and description of the property to be vacated.
b.
The boundary survey must be current within 90 days from the date of application.
c.
A boundary survey showing the location of any improvements and encroachments within the property to be vacated.
d.
The boundary survey and description must be prepared by a professional surveyor and mapper licensed in the state. Said boundary survey must comply with the requirements for a boundary survey as outlined in the Florida Minimum Technical Standards pursuant to Chapter 472, Florida Statutes.
e.
The boundary survey and description will be recorded in public records and therefore should be prepared at a scale suitable for recordation and reproduction.
(3)
The instrument that identifies the title or interest which the county and the public hold in the property sought to be vacated.
(4)
Proof that the county did not pay more than a nominal amount for the road, right-of-way or easement sought be vacated.
(5)
A boundary survey of the applicant's (or petitioner's) property.
(6)
A list of all abutting property owners. The applicant/petitioner shall make a good faith effort to obtain the signature of land owners abutting the property to be vacated.
(7)
In the case of roads and rights-of-way, a certification from the petitioner that the vacating will not deprive other property owners of access to and from their property.
(8)
In the case of roads and rights-of-way, a certification signed by the petitioner (or applicant) that within the 30 days prior to the public hearing on the petition, petitioner has notified all property owners within 500 feet of the property sought to be vacated advising the property owners that petitioner seeks to have the county vacate the subject property and renounce any rights in same.
(9)
Certificates from public utility companies that the vacating will neither interfere with the utility services being provided, nor encroach unreasonably on any utility's easement.
(10)
Certificates from pertinent county agencies that vacating the road, rights-of-way, alleyway, place of travel or easement (or any type) will not interfere with the intended use.
(11)
A statement of reasons why the petition should be granted.
(Ord. No. 03-15, § 1, 3-18-03)