§ 6.02.03. Rights-of-way.

(a)

Right-of-way widths. Right-of-way requirements for road construction shall be as specified by the town. The right-of-way shall be measured from lot line to lot line.

(b)

Future rights-of-way. Future right-of-way requirements will be identified in the traffic circulation element of the town comprehensive plan. Where roadway construction, improvement or reconstruction is not required to serve the needs of the proposed development project, future rights-of-way shall be acquired for future use.

(c)

Protection and use of right-of-way.

(1)

Use of the right-of-way for public or private utilities, including, but not limited to, sanitary sewer, potable water, telephone wires, cable television wires, gas lines or electricity transmission, shall be allowed only if authorized by the town.

(2)

Permitting and authorization by the town manager is required for all encroachments into and uses of the rights-of-way except for communication facilities, which further require registration, agreement and approval by the town council consistent with Chapter 32, Article III, of the Code of Ordinances of the Town of Windermere, Florida.

(3)

Sidewalks and bicycle ways shall be placed within the right-of-way.

(d)

Vacation of rights-of-way. Application to vacate a right-of-way shall be approved upon a finding that all of the following requirement are met:

(1)

The requested vacation is consistent with the traffic circulation element of the town comprehensive plan.

(2)

The right-of-way does not provide the sole access to any property. Remaining access shall not be by easement.

(3)

The vacation would not jeopardize the current or future location of any utility.

(4)

The proposed vacation is not detrimental to the public interest, and provides a positive benefits to the town.

(Ord. No. 91-6, § 3(6.02.03), 2-11-1992; Ord. No. 2009-03, § 6(6.02.03), 6-9-2009; Ord. No. 2018-09, § 2, 12-11-2018)