Title 55 · Chapter 55 - SUBDIVISION REGULATIONS

Vacation and closure of rights-of-way, platted easements, and emergency access easements by plat

Section: 55-15

(a)

Procedure. The vacation and closure of any rights-of-way or platted easements, and the reversion thereof to abutting property owners shall be accomplished only through the platting procedure as set forth in section 55-7, subsections (a) "Preliminary conference" through (c) "Filing copies of tentative plat and plat application;" however, the closure or vacation of any alley abutting only parcels of land zoned T3-R or T3-L (single-family residential) or T3-O (two-family residential) may be accomplished by an alternative method as set forth herein below. Additionally, unimproved alleys (alleys which have never been improved and remain in their natural state) in any T3 transect abutting any more intense transect may be vacated by the alternate method as well, as set forth below. Further, any subdivider or applicant requesting to vacate and close a right(s)-of-way shall research and obtain a confirmation from the city's office of capital improvements and the department of resilience and public works regarding whether the city expended any funds for improvements on the right(s)-of-way proposed to be vacated and closed within the prior 50 years, except as to restricted funds required to be repaid regardless of the timeframe ("confirmation"). If the confirmation indicates that funds were expended, the city's finance department and office of management and budget will determine the total amount of the city's expenditure, specifically including expenditure of restricted funds (bond funds, grant funds, or otherwise) for such improvements as a separate line item. The amount of funds expended on the area proposed for vacation and closure shall be calculated as the ratio of the total cost of the entire project to the total square footage of the entire project multiplied by the square footage of the area proposed to be vacated. The city manager or his or her designee will issue a total expenditure, which shall specify the amount that the subdivider must repay to the city ("total expenditure"). Said confirmation and, if applicable, total expenditure must be provided to the city before the scheduling of a public hearing before the city commission regarding the vacation and closure. No application for public hearing shall be scheduled for city commission consideration without a confirmation and, if applicable, the total expenditure. Payment to the city of the amount indicated on the total expenditure shall be paid to the city before recordation of the final plat in accordance with section 55-8 of the City Code. For those plats where a right-of-way is to be closed and vacated and such former right(s)-of-way is made a part of a lot owned and used by a non-revenue generating governmental agency and used for a public purpose, the subdivider shall be exempt from payment of the total expenditures for so long as the lot(s) containing said right(s)-of-way remain owned and used by a non-revenue generating governmental agency for a public purpose and shall be pro-rated based upon the square footage of the right(s)-of-way to be contained in a lot owned and used by a non-revenue generating governmental agency and used for a public purpose, relative to that which is not. The city attorney may take any and all steps necessary to require repayment of the total expenditure upon the exemption no longer being applicable in order to maintain compliance with restrictions related to tax-exempt bond, restricted grant, and other funds. Any governmental entity availing itself of this exemption shall repay the total expenditure in full with the maximum statutory interest should that entity be found to not be in compliance with restrictions related to tax-exempt bonds, restricted grants, and other funds as it relates to the use of the property containing said former right(s)-of-way.

(b)

Plat and street committee review of tentative plat. All tentative plats involving vacation and closure shall be reviewed for compliance with all technical requirements of this chapter by the plat and street committee, and including the following criteria:

(1)

No tentative plat will be considered by the plat and street committee which includes only rights-of-way or easements to be vacated and closed. The properties on each side of the rights-of-way or easements to be vacated and closed shall be included in the plat, and all abutting property owners shall join in the plat and the disposition of the rights-of-way or easements shown.

(2)

Vacation and closure of half the width of the right-of-way or easement shall not be permitted.

(3)

Where the subdivider requests the vacation and closure of a portion of the right-of-way connecting two streets, he/she shall provide a cul-de-sac specified in section 55-11 "Design standards." This cul-de-sac shall be fully within the property being platted. All property owners abutting the right-of-way between the two streets shall join in the plat abandoning and disclaiming all right, title and interest in the portion of the right-of-way being closed except as provided in section 54-4.

(4)

Where the subdivider requests the vacation and closure of a portion of an alley, he/she shall provide on his/her property suitable access from the closed end of the alley to the nearest public street, or streets, as required by the plat and street committee. All property owners abutting the alley shall join in the plat as required in subsection (b)(3), except as otherwise specifically provided in section 54-4.

(c)

Further consideration for vacations and closure. In addition to review for technical compliance, the plat and street committee shall also consider the request for vacation and closure with respect to the following:

(1)

Is it in the public interest, or would the general public benefit from the vacation of the rights-of-way or easements?

(2)

Is the general public no longer using the rights-of-way or easement, including public service vehicles such as trash and garbage trucks, police, fire or other emergency vehicles?

(3)

Would there be no adverse effect on the ability to provide police, fire or emergency services?

(4)

Would the vacation and closure of the rights-of-way or easements have a beneficial effect on pedestrian and vehicular circulation in the area?

(d)

Findings of fact and recommendations. After review of the tentative plat, and if the tentative plat complies with the technical requirements of this chapter, the plat and street committee shall forward to the planning, zoning and appeals board and the subdivider, in writing, its findings of fact that the tentative plat is in conformance with the technical requirements of this chapter, and shall also include its recommendations based on consideration of those items in subsection (c). If the tentative plat does not comply with the technical requirements, the subdivider shall be notified, and further action shall be withheld until the tentative plat is corrected.

(e)

Alternate method for vacation and closure of platted easements. The vacation and closure of platted private easements; platted public easements and platted emergency access easements, shall be accomplished by replatting the property as set forth in this section. Public hearings by the planning, zoning and appeals board and city commission are required, except in cases where waived by the city manager or his/her designee. Before the requirement for such public hearings may be waived, the applicant shall have obtained (i) written consent to vacate and close the platted private easement(s), platted public easement(s) or platted emergency access easement(s) from the holder(s) of the easement(s), (ii) written releases from all benefited specified individuals or public or private entities, or a certification that no such benefited individuals or public or private entities exist within the easement(s); and (iii) recommendations of approval from the departments of police, resilience and public works, fire-rescue, solid waste, planning, building and office of zoning. The written consent that must be obtained from the holder(s) of the easement(s) must specify that the holder(s) of the easement(s) consent(s) to the vacation and closure of the easement(s) and must specify whether the holder(s) of the easement(s) has (have) granted any type of interest in the easement(s) to a third party, and shall specify the third party's identity. In the event that a third party does have an interest in the easement(s), the applicant must also obtain the third party's written approval to vacate and close the easement(s). In addition, the applicant must submit an ownership and encumbrance search report prepared by a title company of the area encompassed by the easement(s) that is (are) to be vacated and closed.

(f)

Planning, zoning and appeals board's public hearing for vacation and closure of rights-of-way and platted easements. After issuance of the findings of fact and recommendations by the plat and street committee, the subdivider shall make application to the hearing boards section for a public hearing by the city planning, zoning and appeals board for the vacation and closure. The procedure for public notice and public hearing shall be as set forth in sections 62-19 et seq., including the payment of the necessary fees as required by the Code.

(g)

City commission's public hearing for vacation and closure of rights-of-way or easements. After public hearing before the planning, zoning and appeals board and a recommendation by the board for or against the vacation and closure, a public hearing shall be held before the commission of the city. The procedure for public notice and public hearing shall be as set forth in sections 62-19 et seq., including the payment of any necessary fees as required by the Code. If the city expended any funds on the right(s)-of-way proposed to be vacated and closed pursuant to the confirmation provided by the city, the total amount of funds shall be indicated in the total expenditure and those funds shall be repaid to the city in full, except for those properties meeting the non-revenue generating governmental agency exception as provided in subsection 55-15(a) of the City Code.

(h)

Determination by city commission. If the city commission determines that it is not in the public interest, the rights-of-way or easements shall not be closed, and the plat shall be denied. If the city commission approves the requested vacation and closure, the subdivider may proceed with the plat as set forth in sections 55-8 through 55-14.

Approval of the requested vacation and closure shall be valid for a period of four years and shall remain independent of the referenced tentative plat during this period. The approved final plat must be recorded within the four-year approval period of the requested vacation and closure. Any revised tentative plat submitted for review subsequent to the approved vacation and closure must be compatible with the approved vacation and closure, as determined by the plat and street committee. The tentative plat most recently approved by the plat and street committee shall be the official tentative plat of reference when submitting documents for final plat approval by the city commission.

(i)

Public alleys; alternative method for closure and vacation of public alleys abutting parcels of land zoned T3-R or T3-L (single-family residential) or T3-O (two-family residential) and unimproved public alleys in T3 transect zones which abut any more intense transect zones.

(1)

Applicability. For public alleys which only abut parcels of land zoned T3-R or T3-L (single-family residential) or T3-O (two-family residential). Any public alley which has a parcel of land abutting any side which is zoned with greater intensity than T3 must follow the procedure established in subsection (a) herein. However, unimproved alleys (alleys which have never been improved and remain in their natural state) in any T3 transect zone abutting any more intense transect zone may be vacated by the alternate method stated in this section. An alley lying between two streets shall not be vacated unless the entire portion of the alley between such streets is vacated and closed.

(2)

Initiating a request for alley closure.

The city manager independently or at the direction of the city commission, may initiate the closure of a public alley abutting parcels of land zoned T3 (single-family and two-family residential) or unimproved alleys in T3 which abut any more intense transect zone.

A property owner whose property is abutting parcels of land zoned T3 (single-family and two-family residential) or unimproved public alleys in T3 which abut any more intense transect zone, may file an application.

(3)

Procedures.

Pre-application meeting. Any property owner making application to vacate and close a publicly dedicated alley must meet with the supervisor of plats, or designee, and the director of planning and zoning, or designee, prior to applying for the vacation and closure. The purpose of the pre-application meeting is to acquaint the applicant with the procedures for vacating and closing an alley and to acquaint the supervisor of plats or designee with the proposed vacation.

Application procedures. After the pre-application meeting, the applicant shall submit to the supervisor of plats, or designee, a completed publicly dedicated alley application package. The application package shall consist of the following:

Completed application form;

Non-refundable application fee pursuant to section 2-269;

Legal description of all parcels of land abutting alley proposed to be vacated and closed;

List of all owners, including addresses, that abut the alley to be vacated and closed pursuant to the most current Miami-Dade County Tax Roll and dated no later than ten days prior to submission of the application;

Proof of ownership by the applicant of the property which abuts the alley to be vacated and closed; and

Statement from applicant as to whether the general public currently uses the alley, including public service vehicles such as trash and garbage trucks, police, fire or other emergency vehicles during the past 12 months.

Review process.

Publication requirement. Notice of the plat and street committee meeting shall be published with the clerk of the city prior to the plat and street committee meeting. Notice of the public hearing before the planning, zoning and appeals board shall be published one time, in a newspaper of general circulation in the municipality at least ten days prior to the date of the planning, zoning and appeals board hearing.

Notice to other property owners by U.S. Mail and posting at each entrance/exit way of alley. Notice shall be sent via U.S. Mail, certified return receipt requested to all property owners that abut the proposed alley to be vacated and closed. Additional notice may be required as specified on the instrument of dedication of the public alley. The city shall also post notice of the public hearing at each entrance/exit of the alley.

Plat and street committee review. The application shall be submitted to the plat and street committee 15 days prior to the next meeting. The plat and street committee shall make a recommendation to the planning, zoning and appeals board, in writing, of its findings of fact and whether the plat and street committee recommends to unconditionally approve, approve with conditions, or deny the requested vacation and closure. After issuance of the findings of fact and recommendations by the plat and street committee, the applicant shall make application for a public hearing with the planning, zoning and appeals board.

Planning, zoning and appeals board authority. The planning, zoning and appeals board or its successor is designated as the authority to render decisions pertaining to the closure and vacation of alleys pursuant to the provisions of this section.

Planning, zoning and appeals board determination. Upon receipt of the plat and street committee's recommendation, the planning, zoning and appeals board shall determine whether the requested vacation and closure may be granted because it is in the best interest of the public. Determination of the closure shall be based on whether the alley provides the public services. The planning, zoning and appeals board shall then by resolution approve, deny or approve with conditions, the requested vacation and closure if such action is determined to be in the best interest of the public. The planning, zoning and appeals board shall deny the request if the evidence does not support the vacation and closure would be in the best interest of the public and the primary reason for the closure is to provide a benefit for the applicant or adjacent property owners. The planning, zoning and appeals board may attach conditions to an approval including, but not limited to, access and utility easements reservation, landscaping, and public access easement. Confirmation and, if applicable, total expenditure, both as defined in subsection 55-15(a) of the City Code, and payment to the city of the amount indicated on the total expenditure, must be provided to the city before the scheduling of a public hearing before the planning, zoning and appeals board regarding the vacation and closure. No application for public hearing shall be scheduled for planning, zoning and appeals board consideration without a confirmation and, if applicable, the total expenditure and payment, except as provided in subsection 55-15(a) of the City Code.

Appeal to the city commission. Decisions of the planning, zoning and appeals board are to be deemed final unless, within 15 calendar days of the date of the board decision, a request for review by the city commission is made in the manner set forth in the zoning ordinance and City Code.

Receipt of fees for approved alley closures and vacations. Upon receipt of notification of alley closure and vacation approval, the applicant will submit such fees that are required for the publication of closure and vacation and recording fees pursuant to section 2-269.

Automatic reservation of easement and procedure for release thereof. The city shall automatically reserve an easement over, across and under said lands for the installation, maintenance and operation of any utility located or to be located in the alleys or portions thereof vacated and closed pursuant to this section. If the applicant desires that no easement be reserved, then as part of the application package referred to in subsection 55-15(i)(3)b., the applicant is to submit release letters from all utility companies stating that said utility company will release any interest in an easement for the alley being vacated and closed.

Zoning of vacated alley. The district use and area regulations governing the property abutting upon each side of such alley shall be automatically extended to the reversionary line of the alley included within the vacation and closure, unless otherwise specified.

10.

Recording of instrument in the public record. The proof of publication of notice of public hearing and the resolution as adopted, shall be recorded in the public records of Miami-Dade County, Florida.

11.

Authorization for city manager to correct any typographical and/or non-substantial errors. In the instance when a certified opinion of title is received and reviewed by the city attorney demonstrating that a typographical and/or non-substantial error has occurred in the legal description of an alley or abutting parcels of land that was closed pursuant to this section, the city manager is authorized to execute documents, in a form acceptable to the city attorney, to correct any defects in the instrument.

(j)

Private alleys; alternative method for closure and vacation of private alleys abutting parcels of land zoned T3-R or T3-L (single-family residential) or T3-O (two-family residential) or unimproved private alleys in T3 transect zones which abut any more intense transect zones.

(1)

Applicability. This section applies to the closure and vacation of any private alley, which only abut parcels of land zoned T3-R or T3-L (single-family residential) or T3-O (two-family residential). Any private alley which has a parcel of land abutting any side which is zoned with greater intensity than T3, must follow the procedure established in this section. However, unimproved alleys (alleys which have never been improved and remain in their natural state) in any T3 transect zone abutting any more intense transect zone may be vacated by the alternate method stated in this section, as well. An alley lying between two streets shall not be closed and vacated unless the entire portion of the alley between such streets is closed and vacated.

(2)

Initiation of a request for alley closure. A property owner whose property is abutting a particular private alley as described in subsection (j)(1) and by following the procedure as stated in subsection (j)(3) may file an application.

(3)

Procedures.

Pre-application meeting. Any person proposing to vacate a privately dedicated alley must meet with the supervisor of plats, or designee, and the director of planning and zoning, or designee, prior to applying for the closure and vacation. The purpose of the pre-application meeting is to acquaint the applicant with the procedures for closing and vacating an alley and to acquaint the supervisor of plats, or designee, with the proposed vacation.

Application procedures. After the pre-application meeting, the applicant shall submit to the supervisor of plats, or designee, a completed privately dedicated alley application package. The application package shall consist of the following information:

Complete application form; application must be executed by all property owners which abut the private alley;

Receipt of non-refundable application fee pursuant to section 2-269;

Survey of private alley to be closed and vacated including all abutting parcels of land with zoning designations, certified by a professional surveyor and mapper. Also, the survey must include the legal description and acreage of alley proposed to be closed and vacated;

Proof of ownership from all the property owners that abut the private alley to be closed and vacated;

Releases from all utility companies and statement from applicant as to whether the general public currently uses the alley, including public service vehicles such as trash and garbage trucks, police, fire or other emergency vehicles during the past 12 months.

Review process.

Publication requirement. Notice of the plat and street committee meeting shall be published with the clerk of the city prior to the plat and street committee meeting.

Plat and street committee review. The application shall be submitted to the plat and street committee 15 days prior to the next meeting. The plat and street committee shall make a recommendation to the planning, zoning and appeals board, in writing, of its findings of fact and whether the plat and street committee recommends to the planning, zoning and appeals board that the city does or does not have any interest in the private alley. After issuance of the findings of fact and recommendations by the plat and street committee, the applicant shall make application to the hearings boards section, for a public hearing by the city planning, zoning and appeals board for the vacation and closure.

Planning, zoning and appeals board determination. Upon receipt of the plat and street committee's recommendation, the planning, zoning and appeals board shall determine whether the city has any interest in the closure of the platted private alley and whether it is in the interest of the public good to consent to the closure and vacation of the private alley. The planning, zoning and appeals board shall by resolution consent, consent with conditions or object to the requested closure and vacation. The condition of the approval of the closure and vacation may be in the form of a reservation of easement. Confirmation and, if applicable, total expenditure, both as defined in subsection 55-15(a) of the City Code, and payment to the city of the amount indicated on the total expenditure, must be provided to the city before the scheduling of a public hearing before the planning, zoning and appeals board regarding the vacation and closure. No application for public hearing shall be scheduled for planning, zoning and appeals board consideration without a confirmation and, if applicable, the total expenditure and payment, except for those properties meeting the non-revenue generating governmental agency exception as provided in subsection 55-15(a) of the City Code.

Appeals to the city commission. Decisions of the planning, zoning and appeals board are to be deemed final unless, within 15 calendar days of the date of the board decision, a request for review by the city commission is made in the manner set forth in the zoning code and City Code.

Final resolution. The final resolution shall be provided to the applicants for proper recordation in the public records of Miami-Dade County, Florida.

Zoning of vacated alley. The district use and area regulations governing the property abutting upon each side of such alley shall be automatically extended to the reversionary line of the area included within the closure and vacation, unless otherwise specified.

(k)

Waiver of fees. The city manager may waive the vacation and alley closure fee required pursuant to subsection 62-22(a)(11) in instances where the subdivider, by plat, is dedicating for public use, right-of-way that is equal to or greater in size than that which is being vacated.

(l)

Emergency access easements; alternate method for closure and vacation of emergency access easements.

(1)

Applicability. The closure and vacation of emergency access easements shall be permitted as described herein.

(2)

Initiating a request for closure and vacation of an emergency access easement. The city manager, or designee, the city commission, or a private applicant may initiate the request the closure and vacation of an emergency access easement.

(3)

Procedures.

Pre-application review. The application for closure and vacation of an emergency access easement shall be submitted for review to the supervisor of plats prior to applying for the closure and vacation approval.

Application procedures. After the pre-application review, a completed emergency access easement closure and vacation application package shall be submitted to the supervisor of plats. The application package shall consist of the following:

Completed application form;

Non-refundable application and notice fees are due pursuant to sections 2-269, 55-14(c), 62-156, and 62-22 of the Code if the closure and vacation is requested by an applicant, other than any governmental agencies;

Legal description of all parcels of land abutting the emergency access easement proposed to be closed and vacated;

List of all owners, including addresses, that abut the emergency access easement to be closed and vacated pursuant to the most current Miami-Dade County tax roll and dated no later than ten days prior to submission of the application; and

Proof of ownership by the owners of the properties which are subject to the emergency access easement to be closed and vacated.

Review process.

Publication requirement. Notice of the plat and street committee meeting shall be published with the city clerk prior to the plat and street committee meeting.

Notice to those listed in subsection (l)(3)b.4.—5. by United States Postal Service mail and posting at each entrance/exit way of the emergency access easement.

Plat and street committee review. The application shall be submitted to the plat and street committee at least 15 days prior to the next meeting. Confirmation and, if applicable, total expenditure, both as defined in subsection 55-15(a) of the City Code, and payment to the city of the amount indicated on the total expenditure, must accompany the application for the vacation and closure, except for those properties meeting the non-revenue generating governmental agency exception as provided in subsection 55-15(a) of the City Code. The plat and street committee shall determine whether the city currently uses the emergency access easement, including the city's public's service vehicles, such as police, fire-rescue, solid waste, and public works, during the past 12 months, in making its decision. The plat and street committee may permit the requested closure and vacation of the emergency access easement, where said closure and vacation is not a safety hazard. A private applicant requesting such a closure and vacation of an emergency access easements shall provide an executed hold harmless and indemnification agreement for the benefit of the city in a form acceptable to the city attorney. The plat and street committee shall make written findings of whether it recommends to unconditionally approve, approve with conditions, or deny the requested closure and vacation of the emergency access easement. After issuance of the findings of fact and recommendations by the plat and street committee, applications for the closure and vacation shall be submitted for approval by the city manager, or designee.

Recording of instrument in the public record. A document as adopted by the plat and street committee shall be recorded in the public records of Miami-Dade County, Florida.

Authorization for city manager to correct any typographical and/or non-substantial errors. In the instance when a certified opinion of title is received and reviewed by the city attorney demonstrating that a typographical and/or non-substantial error has occurred in the legal description of an emergency access easement that was closed pursuant to this section, the city manager, or designee, shall be authorized to execute documents, in a form acceptable to the city attorney, to correct any defects in the instrument.

(Ord. No. 9584, § 1, 3-24-83; Ord. No. 10742, § 1, 6-28-90; Code 1980, § 54.5-16; Ord. No. 11299, § 1, 9-14-95; Ord. No. 12140, § 1, 10-25-01; Ord. No. 12293, § 1, 11-19-02; Ord. No. 12453, § 2, 12-18-03; Ord. No. 12483, § 2, 1-22-04; Ord. No. 12615, § 2, 11-18-04; Ord. No. 13070, § 1, 6-11-09; Ord. No. 13228, § 2, 11-18-10; Ord. No. 13467, § 3, 6-12-14; Ord. No. 13676, § 2, 4-27-17; Ord. No. 13761, § 2, 4-12-18; Ord. No. 13792, § 1, 10-11-18; Ord. No. 13793, § 2, 10-11-18; Ord. No. 13843, § 2, 6-13-19)