The City of Titusville, Florida / Community Development / Planning / Right of Way VacationRight-of-way Vacation
WHAT IS A RIGHT-OF-WAY?
The City’s Land Development Regulations define a right-of-way as “Land reserved, used or to be used for a street, alley, walkway, drainage facility or other public use or service purpose and the title to which is in public ownership.” The most common rights-of-way are for roads, but there may also be right-of-way designated for drainage, utility, or some other public use.
Rights-of-way are “owned” by the public. They are entrusted to various public entities for maintenance. Within the City of Titusville, there are rights-of-way that the City is responsible for as well as rights-of-way that the County, the State, or some other entity is responsible for.
WHAT IS A RIGHT-OF-WAY VACATION?
When a right-of-way is vacated, it is returned to private ownership. Generally, when a right-of-way is vacated, the abutting property owners would become the owners of the property that was vacated. For instance, if a 50 foot right-of-way were vacated, 25 feet would go to the property owners on one side and 25 feet to the owners on the other.
WHAT IS THE PROCESS TO VACATE A RIGHT-OF-WAY?
The City allows landowners to eliminate or “vacate” rights-of-way when it is determined that the right-of-way is not being used, and there is no apparent use for the right-of-way in the future. More specifically, the City of Titusville uses the following process to assist property owners with the right-of-way vacation process:
1. Obtain a Right-of-way Vacation Application from the Planning Department. A representative from the Department will be able to discuss specifics and answer questions concerning the proposed right-of-way vacation. (A Right-of-Way Vacation Application is available for download at the bottom of this page.)
2. A letter will need to be obtained from all utility companies. In the Right-of-way Vacation Application package is a sample letter that may be sent to each of the utility companies in order to request a letter for the defined right-of-way area.
3. A list of required documentation and the application fee amount are stated on the application form. Upon receipt of the completed application, required documentation, and the application fee, the Planning Department will proceed with the right-of-way vacation process.
4. The Planning Department staff will present the application to City Council and request authorization to proceed with the right-of-way vacation process. This item will appear on the City Council agenda as an “Advisability to Proceed” and is normally considered as a consent agenda item.
5. After City Council has authorized the Planning Department to proceed with the vacation application, it will be scheduled for review and recommendation by the Planning and Zoning Commission and action by the City Council. The City Council approves right-of-way vacation applications as a resolution through a majority vote at City Council meetings, which are open to the public.
6. If the right-of-way vacation is approved at the City Council meeting, the City Clerk will have the resolution recorded with Brevard County Clerk’s office. A letter is provided to the applicant stating the results of the City Council vote. If approved, a copy of the recorded resolution will also be provided to the applicant completing the right-of-way vacation process.
The right-of-way vacation process usually takes six (6) to eight (8) weeks to complete upon receipt of the completed application, required documentation, and the application fee. Any questions concerning the process, the status of an application, or the status of releases received from utility companies may be made through the Planning Department, located on the second floor of City Hall.
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