Section 24-1403. PROCEDURE FOR FORWARDING APPLICATIONS TO THE COUNCIL

 

1403.1Except as provided in this section, the Director shall forward, after payment of the appropriate fee, all applications to the Council for a public hearing pursuant to the Act.

 

1403.2In addition to the application, the Director shall forward the following documents and materials to the Council:

 

(a)The plat prepared pursuant to §1401.15;

 

(b)The comment received pursuant to §§1401 and 1402;

 

(c)When applicable, any written statement or document submitted by the applicant pursuant to this chapter; and

 

(d)When appropriate, necessary legislation.

 

1403.3The application shall be forwarded to the Council for consideration without the requirement for a public hearing when the application is to close an alley, or any part thereof and is accompanied by a written statement, in a format approved by the Director, which is in support of the application and which contains the signature of every owner of property in the square.

 

1403.4The application shall be forwarded to the Council for consideration without the requirement for a public hearing when the application is to close an alley, or any part thereof is accompanied by a written statement, in a format approved by the Director, which is in support of the application and which contains the signature of every owner of property abutting the entire alley to be closed, and when any one of the following conditions is satisfied;

 

(a)The width of the alley to be closed is ten feet (10 ft.) or less;

 

(b)The alley is a deadend alley;

 

(c)The alley is an unimproved alley;

 

(d)Real property is to be dedicated to the Director for an alley to serve a similar purpose as did the alley which is to be closed; or

 

(e)An easement is to be granted to the District which will allow real property to be used as an alley that serves a similar purpose as did the alley which is to be closed.

 

1403.5The application shall be forwarded to the Council for consideration without the requirement of a public hearing when the application is to close a deadend or unimproved street and is accompanied by a written statement, in a format approved by the Director, which is in support of the application and which contains the signature of all of the owners of all of the property on both sides of the block or blocks of the street which abuts the block or blocks to be closed.

 

1403.6The application shall be forwarded to the Council for consideration without the requirement for a public hearing when the application is to close an alley or any part thereof and when the application satisfies all of the following conditions:

 

(a)The application is accompanied by a written statement, in a format approved by the Director, which contains the signature of the owners of two-thirds (2/3) or more of the property, as measured in square footage, in the square;

 

(b)The alley is located entirely within the two-third (2/3) of the square owned by the individuals who signed the statement pursuant to §1403.6(a); and

 

(c)The persons who signed the statement pursuant to §1403.6(a) proposed to develop the entire area of the square which they own.

 

1403.7The application shall be forwarded to the Council for consideration without the requirement for a public hearing when the District or the United States applies to close an alley or any part thereof where the District or the United States holds title to all of the property abutting the entire alley.

 

1403.8The applicant shall have the statement required pursuant to §§1403.2, 1403.3, 1403.4, and 1403.5 reviewed by the Department of Finance and Revenue. The Department of Finance and Revenue shall review the statement to ensure that the name of the owner of a particular lot conforms to the records of the Department of Finance and Revenue.

 

source

Final Rulemaking published at 31 DCR 560, 564 (February 10, 1984).