| Councilmember Kevin P. Chavous A BILL IN THE
COUNCIL OF THE DISTRICT OF COLUMBIA
Councilmember Kevin P. Chavous introduced the following bill, which was referred to the
Committee of the Whole
To amend the Street and Alley Closing and Acquisition Procedure Act of 1982 to
establish procedures for closing streets and alleys, which have been neither improved nor
used as public rights-of-way for vehicles, to encourage residential development in the
District of Columbia.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as
the "Closing of Unimproved Streets or Alleys to Encourage Residential Development Act
of 1999".
Sec. 2. The Street and Alley Closing and Acquisition Procedures Act of
1982, effective March 10, 1983, as amended (D.C. Law 4-201; D.C. Code §7-41 1 et
seq.), is amended by adding a new Title IIA to read as follows:
"Title IIA. Unimproved Street and Alley Closing Procedures.
"Sec. 221. A street or alley or part thereof which has been acquired for street or
alley purposes, but which has neither been improved nor used as public right-of-way for
vehicles within 5 years of the filing of an application to close it, may be
administratively closed by the Mayor in accordance with the provisions of Title IIA of
this without regard to any other provision of law.
"Sec. 222. An application to close a street or alley or part thereof pursuant to
Title IIA shall be on a form provided by the Mayor.
"Sec. 223. Upon receipt of an application, the Mayor shall give written notice to
all property owners and the affected Advisory Neighborhood Commission and affected public
utility companies of his intent to close the street or alley or part thereof no less than
30 days from the date of the notice. A copy of the notice shall also be published in the
D.C. Register not less than 30 days prior to the closing of the street or alley or part
thereof.
"Sec. 224. Not less than 30 days after the publication of the notice in the D.C.
Register, after consideration of the application of the comments and responses, if any, of
the Advisory Neighborhood Commission and the abutting property owners and the public
utility companies, and the report of the Department of Public Works, the Mayor shall close
the subject street or alley or part thereof if he determines that:
"(a) The subject street or alley or part thereof is unimproved and has not been
used as a public right-of-way for vehicles within the 5 years immediately preceding the
date of the application;
"(b) The subject street or alley or part thereof after closure is proposed to be
included in a residential development or is property which is presently residentially
zoned; and
"(c) The subject street or alley or part thereof is not needed for street or alley
purposes.
"The Mayor's determinations pursuant to this section shall constitute rulemaking
under the provisions of the District of Columbia Administrative Procedure Act (D.C. Code
§1-1501 et seq .).
"Sec. 225. Upon the issuance of the Mayor's written determination that the subject
street or alley or part thereof shall be closed, the surveyor shall record an appropriate
plat, showing the closed land reverting to the abutting property owners, together with the
written determination.
"Sec. 226. Upon recordation of the plat, the street or alley or part thereof shall
be deemed closed and title to the land shall revert to or be vested in fee simple to the
abutting owners as soon as shown on the plat.".
Sec. 3. This act shall take effect following approval by the Mayor (or
in the event of veto by the Mayor, action by the Council to override the veto), approval
by the Financial Responsibility and Management Assistance Authority as provided in section
203(a) of the District of Columbia Financial Responsibility and Management Assistance
Authority Act of 1995, approved April 17, 1995 (109 Stat. 116; D.C. Code §47-392.3(a)),
and a 30-day period of Congressional review as provided in section 602(c)(1) of the
District of Columbia Self Government and Governmental Reorganization Act, approved
December 24, 1973 (87 Stat. 813; D.C. Code, §1-233(c)(1), and publication in the District
of Columbia Register. |
