§ 1000. Right-of-Way Standards.

Road rights-of-way shall be reserved and dedicated as necessary to widen or extend streets; establish or enhance traffic circulation; provide safe ingress/egress, and conform to the requirements of the Comprehensive Plan. Street right-of-way standards shall be as indicated in the Public Works Standards and this Section.

1000.1.   Right-of-Way Reservation/Dedication.

A.

Proposed Development. The land lying within a proposed development, which is shown on the Future Traffic Circulation Map as intended to become a public street, shall be reserved or dedicated to Manatee County in accordance with the following:

1.

Subject to the County making an individualized determination of rough proportionality of the needed right-of-way to the transportation impacts generated by the applicant's project based upon a traffic impact analysis, in accordance with applicable case law and based upon competent and substantial evidence, the County shall require the applicant to dedicate land to accommodate:

a.

In the event the development encompasses the roadway, the full width of the right-of-way needed for such roadway, or

b.

If the development abuts such roadway, one-half (½) the width of the roadway. All dedications shall be to the extent of the legal interest of the property owner. Such dedication shall not relieve the developer from obtaining a Certificate of Level of Service;

2.

An applicant may voluntarily dedicate, and the County may, in its discretion. accept the road right-of-way needed for all or a portion of such roadway pursuant to a development agreement or other contract that is supported by mutual consideration and is legally binding upon the applicant and its successors in interest; or

3.

An applicant shall be required to reserve, and maintain an appropriate future right-of-way setback (in addition to all other setbacks and buffers required under this Code) sufficient to accommodate (a) in the event the development encompasses the roadway, the full width of the right-of-way needed for such roadway, or (b) if the development abuts such roadway, one-half (½) the width of the roadway. In either case the applicant will not be required to dedicate such rights-of-way.

B.

Divided Sites. In the case of property proposed to be divided into two (2) or more discrete sites, and the impacts of development approval would be associated with only one of such discrete sites, the applicant shall be required to reserve or dedicate, as the case may be, rights-of-way only along or encompassing the portion of the road way shown on the Future Traffic Circulation Map that crosses or abuts such discrete site.

C.

Missing Segments. Where there are missing segments in the thoroughfare system or new thoroughfares are to be constructed which are designated on the Future Traffic Circulation Map, such portions of the segments or new thoroughfares lying within the proposed development shall be improved by the developer along with other required improvements in accordance with the requirements of this Code.

D.

Center Line. For the purposes of the reservation or dedication, the center line of the future rights-of-way shall be the center line of any roadway that presently exists at that location, unless determined otherwise by the Department Director.

E.

Facilities. No structures or parking, landscaping, or retention facilities required by this Code shall be located within the land needed to accommodate the full width of the right-of-way needed for such roadway as shown on the Future Traffic Circulation Map, including without limitation land reserved or dedicated pursuant to this section. The Department Director may allow certain facilities in such areas where it is determined that because of location, configuration, or other characteristics unique to that property, such prohibition of such facilities from said land would deprive the owner thereof any opportunity to continue an established use or to make some reasonable use of the property.

(Ord. No. 16-24 , § 3(Exh. A-9), 11-15-16)

1000.2.   Exceptions.

A.

Land for Roadways. The dedication of land for roadway purposes will not be required where the Department Director determines that because of the location, configuration, or other characteristics of the property, or other circumstances peculiar to the particular site, such dedication:

1.

Would be disproportionate to the relative impacts of the proposed development upon the road system; or

2.

Would deprive the owner thereof of any opportunity to continue an established use or to make some reasonable use of the property, provided that, if feasible, a lesser dedication consistent with the impacts of the subject development upon the road system may be required.

B.

Interstates. The provisions of this Section shall not apply to Interstates and other similar limited access highways.