Section 24-1401. AGENCY REVIEW

 

1401.1Prior to submission of the application to the Council, the application shall be reviewed by those agencies and persons listed in this section in the time frame set forth in this section.

 

1401.2The Director shall assemble the application file and send it to the agencies and persons as follows:

 

(a)The Fire Chief who shall review the application to determine if the closing will have an adverse impact on fire safety and protection;

 

(b)The Director of the Department of Finance and Revenue who shall determine the assessed value of the street or alley to be closed and the assessed value of each lot and each building identified by the applicant or the agent of the applicant as required by §1400.4(d);

 

(c)The Director of the Office of Planning who shall determine whether the proposed closing is in compliance with the District's planning urban design objectives, and who shall coordinate with the Executive Director of the Office of Business and Economic Development as set forth in §1401.2(e);

 

(d)The Director of the Department of Housing and Community Development who shall determine whether the proposed closing will adversely affect the District's housing goals, or redevelopment plans and programs, and who shall coordinate with the Executive Director of the Office of Business and Economic Development as set forth in §1401.2(e);

 

(e)The Executive Director of the Office of Business and Economic Development who, in coordination with the Office of Planning and the Department of Housing and Community Development, shall determine the effect of the street or alley closing upon any existing retail tenants in buildings associated with the street or alley closing; and

 

(f)The public utilities companies who shall determine whether the proposed closing will adversely affect their facilities.

 

1401.3The Director shall review the application for the following:

 

(a)To determine whether the closing is compatible with the transportation policies, goals, and objectives of the District;

 

(b)To determine whether the closing will adversely affect the drainage system or District owned hardware and facilities; and

 

(c)To determine whether the closing will have an adverse impact on sewer and water facilities or on solid waste collection.

 

1401.4The agencies and persons listed in § 1401.2 shall forward their comments to the Director within thirty (30) days of receipt of the application. Failure to provide written comments within the thirty-day (30) period shall result in the Director assuming that the non-responding agency or person has no comments and has no objections to the application.

 

1401.5The comments forwarded to the Director shall include any objection to the proposed application and what conditions the applicant must comply with in order for the objection of the agency or person to be removed.

 

1401.6An agency or a person submitting comments to the Director pursuant to this section may state that the comment shall only be valid for a specific period of time; Provided, that any comment submitted to the Director shall be valid for a minimum of two (2) years from the date the comment was submitted.

 

1401.7The Director shall advise the applicant of the comments received pursuant to this section.

 

1401.8The applicant shall either resolve any objections with the appropriate agency or the applicant shall accept, in writing, unconditionally and without reservation, the conditions as set forth in the appropriate comments.

 

1401.9If the applicant fails to respond, in writing, to the objections or conditions within ninety (90) days of notification, the application shall be deemed abandoned.

 

1401.10If the applicant requests, the Director shall extend the ninety-day (90) time period imposed pursuant to § 1401.8 for an additional sixty (60) days.

 

1401.11The Director shall forward an application to the Council of the District of Columbia (hereinafter referred to as the "Council") when the condition(s) and the objection(s) of the District agencies shall be resolved by the applicant or when the condition(s) are accepted by the applicant, in writing, unconditionally and without reservation.

 

1401.12The resolution of the conditions and the objections shall be as follows:

 

(a)In writing;

 

(b)Signed by the applicant; and

 

(c)Approved by the Director and the appropriate District agency.

 

1401.13The Director, in his or her discretion, may forward an application to close a street or alley to the Council for a public hearing if the Director believes that the provisions of this section will be completed prior to the public hearing and if the failure of an expedited consideration by the Council shall cause undue hardship to the applicant or the District.

 

1401.14Any comments on or conditions to the application that are received by the Director subsequent to the application being forwarded to the Council shall be transmitted to the Council in a timely fashion by the Director.

 

1401.15The Director shall prepare a plat indicating the closing of the street or alley when all comments have been received (or the time limit specified in §1401.4 has elapsed and all objections resolved pursuant to this section); Except, that the Director shall prepare a plat prior to receiving all comments when the Director forwards the application to the Council pursuant to §1401.13.

 

source

Final Rulemaking published at 31 DCR 560, 561 (February 10, 1984); as amended by Final Rulemaking published at 34 DCR 2695, 2596 (April 24, 1987).