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District of Columbia Official Code 2001 Edition. |
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Division I. Government of District. |
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Title 9. Transportation Systems. |
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Subtitle I. Highways, Bridges, Streets, and Alleys. |
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Chapter 2. Street and Alley Closing and Acquisition Procedures. |
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Unit A. Street and Alley Closings. |
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Subchapter III. New Streets or Alleys.
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The Mayor may open, extend, widen, or straighten:
(1) Any street to conform with the highway plan; or
(2) Any minor street or alley, upon the petition of the owners of more than 1/2 of the property fronting on the proposed street or alley, or when the Mayor finds that the public interest would be served best by the action.
(Mar. 10, 1983, D.C. Law 4-201, § 301, 30 DCR 148.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 7-441.
Legislative History of Laws
For legislative history of D.C. Law 4-201, see Historical and Statutory Notes following § 9-201.01.
Delegation of Authority
Delegation of authority under Law 4-201, see Mayor's Order 83-139, May 26, 1983.
Any land used for the purpose of opening, extending, widening, or straightening any street, minor street, or alley pursuant to § 9-203.01 may be acquired by:
(1) Purchase;
(2) Condemnation pursuant to Chapter 13 of Title 16; or
(3) Acceptance by the Council of a dedication of land; provided, that if the land is to be acquired for a Federal Aid Highway project, the person offering to dedicate the land must be informed of his or her right to compensation for it.
(Mar. 10, 1983, D.C. Law 4-201, § 302, 30 DCR 148.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 7-442.
Temporary Amendments of Section
For temporary (225 day) acceptance of dedication, see § 2 of Dedication and Designation of Harry Thomas Way Temporary Act of 1998 (D.C. Law 12-251, April 20, 1999, law notification 46 DCR 4164).
Section 2 of D.C. Law 17-240 amended section 2 of D.C. Law 15-310, in subsec. (a)(1), by substituting "provided, that the dedication of land, in fee, for street purposes of Tingey Street shall exclude the land that is located under the existing historic building known as Building 160, consisting of approximately 2,577 square feet, as such land is depicted on a certain survey, prepared by AMT, LLC, to mark and map ('excluded land') and recorded in the records of the Office of the Surveyor on February 25, 2008, as Map RS-126 and prepared in conjunction with a plat in Survey Book 1000 at page 203 and also known as Map No. RS-126; and, provided further, that" for "provided, that"; and by adding subsec. (c) to read as follows:
"(c) Upon the effective date of the Tingey Street, S.E. Right-of-Way Emergency Amendment Act of 2008, signed by the Mayor on July 16, 2008 (D.C. Act 17-426; 55 DCR 8248), the excluded land, as described in subsection (a) (1) of this section, shall revert to and be vested in the United States of America, acting by and through the Administrator of the General Services Administration.".
Section 5(b) of D.C. Law 17-240 provides that the act shall expire after 225 days of its having taken effect.
Emergency Act Amendments
For temporary acceptance of dedication of land located between Eckington Place, N.E., and Third Street, N.E., as a public street, see § 2(a) of the Dedication and Designation of Harry Thomas Way Emergency Act of 1998 (D.C. Act 12-579, January 12, 1999, 45 DCR 966).
For acceptance of a dedication of certain land, see § 2(a) of the Dedication and Designation of Harry Thomas Way, N.E. Emergency Act of 1999 (D.C. Act 13- 198, December 1, 1999, 46 DCR 10444).
For acceptance of a dedication of certain land, see § 2(a) of the Dedication and Designation of Harry Thomas Way, N.E. Congressional Review Emergency Act of 2000 (D.C. Act 13-277, March 7, 2000, 47 DCR 2017).
For temporary (90 day) amendment of D. C. Law 14-287, § 3, see § 2 of Removal from the Permanent System of Highways, a Portion of 22nd Street, S.E. and the Dedication of Land for Street Purposes (S.O. 00-89) Technical Emergency Amendment Act of 2004 (D.C. Act 15-461, June 23, 2004, 51 DCR 6748).
For temporary (90 day) amendment of D.C. Law 14-287, § 3, see § 2 of Removal from the Permanent System of Highways, a Portion of 22nd Street, S.E. and the Dedication of Land for Street Purposes (S.O.00-89) Technical Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-516, August 2, 2004, 51 DCR 8988).
For temporary (90 day) dedication, see § 3 of Closing, Dedication, and Designation of Public Streets and Alleys in Squares 5246, 5273, 5277, 5279, 5280, and 5281, S.O. 02-4088, Emergency Act of 2005 (D.C. Act 16-65, April 20, 2005, 52 DCR 4138).
For temporary (90 day) acceptance of dedication, see § 3 of Closing, Dedication, and Designation of Public Streets and Alleys in Squares 5318, 5319, and 5320 Emergency Act of 2006 (D.C. Act 16-419, July 18, 2006, 53 DCR 6161).
For temporary (90 day) acceptance of dedication, see § 2 of Dedication of Public Streets and Alleys in Squares 5318, 5319, and 5320 Congressional Review Emergency Act of 2006 (D.C. Act 16-497, October 23, 2006, 53 DCR 8840).
For temporary (90 day) amendment of D.C. Law 15-310, see § 2(a) of Tingey Street, S.E. Right-of-Way Emergency Amendment Act of 2008 (D.C. Act 17-426, July 16, 2008, 55 DCR 8248).
For temporary (90 day) amendment of section 2 of D.C. Law 15-310, see § 2(a) of Tingey Street, S.E. Right-of-Way Congressional Review Emergency Amendment Act of 2008 (D.C. Act 17-558, October 27, 2008, 55 DCR 12008).
For temporary (90 day) amendment of section 2 of D.C. Law 15-310, see § 2(a) of Tingey Street, S.E. Right-of-Way Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-111, June 18, 2009, 56 DCR 4938).
Legislative History of Laws
For legislative history of D.C. Law 4-201, see Historical and Statutory Notes following § 9-201.01.
Miscellaneous Notes
Approval of new streets or alleys: Section 3 of D.C. Law 8-81 provided that the Council accepted the dedication of land for minor streets in Squares 5041 and 5056; approved the set-aside of portions of public alleys for minor streets in Squares 5041 and 5056, as shown on the Surveyor's plat filed under S.O. 88- 212; approved the set-aside of a portion of Grant Street, N.E., for Parkside Place, N.E., as shown on the Surveyor's plat filed under S.O. 88-212; and approved the establishment of building restriction lines for minor streets in Squares 5041 and 5056, as shown on the Surveyor's plat filed under S.O. 88-212.
Approval of new streets or alleys: Section 2 of D.C. Law 8-178 provided that the Council accepts the dedication of land and approves the establishment of building restriction lines necessary to create minor streets within Lot 2 in Square 5957, as shown on the Surveyor's plat filed under S.O. 89-276, upon the filing of certain covenants in the Recorder of Deeds Division. Section 4(b) of D.C. Law 8-178 provided that if the covenant required by § 2 of the act is not filed within 2 years of October 2, 1990, the act shall expire.
Section 2 of D.C. Law 10-100 provided that the Council accepts the dedication of land in fee simple absolute of land in square 5338, for public street purposes, as shown on the surveyor's plat filed under S.O. 86-24.
Section 2 of D.C. Law 10-197 provided that the Council accepts the dedication of land and approves the establishment of building restriction lines necessary to create a minor street in Square 5969 near Mississippi Avenue, S.E., and 4th Street, S.E., as shown on the Surveyor's plat filed under S.O. 92-124.
Section 2 of D.C. Law 13-82 provides:
"Pursuant to section 302(c) of the Street and Alley Closing and Acquisition Procedures Act of 1982, effective March 10, 1983 (D.C. Law 4-201; D.C. Code § 7-442(3) [§ 9-203.02(3), 2001 Ed.] ), the Council of the District of Columbia accepts the dedication of a fee simple absolute in land in Square 557 for public alley purposes, as shown on the Surveyor's plat filed under S.O. 93- 207."
Section 2 of D.C. Law 13-89 provides:
"(a) Pursuant to section 302(c) of the Street and Alley Closing and Acquisition Procedures Act of 1982, effective March 10, 1983 (D.C. Law 4-201; D.C. Code § 7-442(3) [§ 9-203.02(3), 2001 Ed.] ) ('Act'), and notwithstanding the requirement set forth in section 304 of the Act (D.C. Code § 7-444 [§ 9- 203.04, 2001 Ed.] ), that in any one block length, a minor street shall be 75 feet wide, the Council accepts the dedication of land necessary to create a minor street in squares 3575, 3576, 3579, 3580, 3581, 3582 and 3583 between Eckington Place, N.E., and Third Street, N.E., as shown on the Surveyor's plat filed under S.O. 98-243.
"(b) Pursuant to sections 401 and 405 of the Act (D.C. Code §§ 7-451 and 7-455 [§§ 9-204.01 and 9-204.04, 2001 Ed.] ), the minor street created by the dedication of land in subsection (a) of this section shall be designated 'Harry Thomas Way, N.E.'."
Section 3 of D.C. Law 14-287, as amended by D.C. Law 15-192, § 2, Sept. 30, 2004, 51 DCR 6741, and D.C. Law 15-243, § 3, Mar. 16, 2004, 51 DCR 11231, provides:
"(a) Pursuant to sections 302(c) and 304 of the Street and Alley Closing and Acquisition Procedures Act of 1982, effective March 10, 1983 (D.C. Law 4-201; D.C. Official Code §§ 9-203.02(3) and 9-203.04) ("Act"), the Council accepts the dedication, in fee simple absolute, of the land necessary for the realignment of streets in Square 5621, bounded by T Street and 22nd Street as shown on the revised Surveyor's plat filed under S.O. 00-89. This dedication shall be conditioned upon the applicant's construction of a new street on the land to be dedicated and compliance with all conditions required by the District Department of Transportation, as specified in the S. O. 00-89 file. The Mayor is authorized to accept street improvements made or to be made by the applicant to the area dedication for street purposes, subject to the District Department of Transportation.
"(b) Pursuant to sections 401 and 405 of the Act, the Council hereby designates the dedicated land described in subsection (a) of this section as 'Fairlawn Court, S.E.'."
Section 2 of D.C. Law 15-29 provides:
"(a) Pursuant to section 302(c) of the Street and Alley Closing and Acquisition Procedures Act of 1982 ('Act'), effective March 10, 1983 (D.C. Law 4-201; D.C. Official Code § 9-203.02(3)), the Council accepts the dedication, in fee simple absolute, of land necessary to create Commodore Joshua Barney Drive, N.E., Fort Lincoln Drive, N.E., and Lincoln Drive North, N.E., all in Square 4325, bounded by Bladensburg Road, N.E., South Dakota Avenue, N.E., and New York Avenue, N.E., as shown on the Surveyor's plat filed under S.O. 00-98.
"(b) Pursuant to sections 401 and 405 of the Act, the streets created by the dedication of the land referenced in subsection (a) of this section shall be designated as 'Commodore Joshua Barney Drive, N.E.', 'Fort Lincoln Drive, N.E.', and 'Lincoln Drive North, N.E.', as shown on the Surveyor's plat filed under S.O. 00-98."
Section 2 of D.C. Law 15-144 provides:
"Sec. 2. (a) Notwithstanding any provision of the Street and Alley Closing and Acquisition Procedures Act of 1982, effective March 10, 1983 (D.C. Law 4-201; D.C. Official Code § 9-202.01 et seq.) ('Act'), the Council orders the closing of the 600 block of I Street, S.E., as shown on the revised Surveyor's plat filed under S.O. 95-251.
"(b) Notwithstanding any provision of the Act, the Council accepts the dedication of land for street purposes, which is the existing functioning street that is located immediately north of and parallel to the Southeast Freeway between 6th Street, S.E., and 7th Street, S.E., and designates this street as 'Virginia Avenue, S.E.,' as shown on the revised Surveyor's plat filed under S.O. 95-251."
Section 2 of D.C. Law 18-68 provides:
"Sec. 2. Pursuant to section 302(c) of the Street and Alley Closing and Acquisition Procedures Act of 1982, effective March 10, 1983 (D.C. Law 4-201; D.C. Official Code § 9-203.02(3)) ('Act'), and notwithstanding the requirements of section 304 of the Act (D.C. Official Code § 9-203.04), the Council accepts the dedication, in fee simple absolute, of the land necessary for street and alley purposes as shown on the Surveyor's Plat filed under S.O. 07-3090."
Section 2 of D.C. Law 15-310, as amended by section 7 of D.C. Law 18-39, provides:
"Sec. 2. (a) Pursuant to section 302 of the Street and Alley Closing and Acquisition Procedures Act of 1982, effective March 10, 1983 (D.C. Law 4-201; D.C. Official Code § D.C. Official Code § 9-203.02) ("Act"), and notwithstanding the requirements set forth in sections 303 and 304 of the Act, the Council accepts:
"(1) The dedication of land in fee for street purposes from the General Services Administration of portions of New Jersey Avenue, Tingey Street, and 4th Street; provided, that the dedication of land, in fee, for street purposes of Tingey Street shall exclude the land that is located under the existing historic building known as Building 160, consisting of approximately 2,577 square feet, as such land is depicted on a certain survey, prepared by AMT, LLC, to mark and map ('excluded land') and recorded in the records of the Office of the Surveyor on February 25, 2008, as Map RS-126 and prepared in conjunction with a plat in Survey Book 1000 at page 203 and also known as Map No. RS-126; and, provided further, that the General Services Administration, on behalf of the United States and its successors in interests, reserves by perpetual easement the right to:
"(A) Use the below-grade space of the right-of-way without charge from the District and without the requirement for public-space permits, subject to the District's right to:
"(i) Inspect the proposed plans to insure the integrity of the streets; and
"(ii) Install utilities in the below-grade space; and
"(B) Construct street improvements at grade, such as curb cuts and lay-bys, within the area dedicated for street purposes, pursuant to the District Department of Transportation's standards governing such improvements;
"(2) The dedication of land in fee for street purposes from JBG/SEFC Venture, L.L.C., of portions of New Jersey Avenue, Tingey Street, and 4th Street;
"(3) The dedication of land by easement for public space purposes from JBG/SEFC Venture, L.L.C., of a portion of New Jersey Avenue; and
"(4) The dedication of below-grade space by easement for utility purposes from JBG/SEFC Venture, L.L.C., of a portion of New Jersey Avenue.
"(b) The Council's acceptance of the dedication of land described in subsection (a) of this section is contingent upon the filing of covenants in the Land Records for the District of Columbia and the filing of the dedication plat in the Office of the Surveyor for the District of Columbia.
"(c) On July 16, 2008, the excluded land, as described in subsection (a)(1) of this section, shall revert to and be vested in the United States of America, acting by and through the Administrator of the General Services Administration.".
Section 3 of D.C. Law 16-5 provides:
"Sec. 3. Pursuant to sections 302 and 401 of the Act, the Council accepts the dedication of the streets and alleys in Squares 5246, 5272, 5273, 5276, 5277, 5279, 5280, and 5281, as shown on the Surveyor's plats filed under S.O. 02- 4088, and dedicates the streets as extensions of 57th Street, S.E., 57th Place, S.E., and Blaine Street, N.E., as shown on the Surveyor's plats in the S.O. File 02-4088. The approval of the Council of this dedication is contingent upon the satisfaction of all the conditions set forth in the official S.O. File 02-4088."
§ 3 of D.C. Law 16-26 provides:
"Sec. 3. (a) Pursuant to sections 302(c) and 304 of the Street and Alley Closing and Acquisition Procedures Act of 1982, effective March 10, 1983 (D.C. Law 4-201; D.C. Official Code §§ 9-203.02(3) and 9-203.04) ("Street and Alley Closing and Acquisition Procedures Act"), the Council accepts the dedication, in fee simple absolute, of the land necessary for the realignment of streets in Square 5912, as shown on the Surveyor's plat in S.O. File 04- 8736.
"(b) Pursuant to section 302(c) of the Street and Alley Closing and Acquisition Procedures Act and notwithstanding the requirement set forth in section 304 that in any one block length, a minor street shall be 75 feet wide, the Council accepts the dedication of land necessary to create several minor streets and alleys in Square 5912, as shown on the Surveyor's plat in S.O. File 04-8736.
"(c) Pursuant to section 401 of the Street and Alley Closing and Acquisition Procedures Act, the minor streets created by the dedication of land in subsection (b) of this section shall be designated Tanner Place, S.E. , Anderson Place, S.E., and Cook Drive, S.E."
Section 2 of D.C. Law 16-70 provides:
"Sec. 2. (a) In accordance with section 302 of the Street and Alley Closing and Acquisition Procedures Act of 1982, effective March 10, 1983 (D.C. Law 4-201; D.C. Official Code § 9-203.02), the Council accepts the dedication of land in fee for alley purposes in Square 5252, as shown on the Surveyor's plat in the S.O. File 03-1717.
"(b) The dedication of land as provided in subsection (a) of this section shall be effective upon the filing of the dedication plat in the Office of the Surveyor for the District of Columbia."
Section 2 of D.C. Law 16-180 provides:
"Pursuant to section 302 of the Street and Alley Closing and Acquisition Procedures Act of 1982, effective March 10, 1983 (D.C. Law 4-201; D.C. Official Code § 9-203.02) ('Act'), the Council approves the dedication of land for streets and alleys in Squares 5318, 5319, and 5320, in Ward 7, as shown on the Surveyor's plats filed under S.O. 05-8132. The approval of the Council of this dedication is contingent upon the satisfaction of all the conditions set forth in the official file of S.O. 05-8132."
Section 2 of D.C. Law 17-174 provides:
"Sec. 2. Pursuant to section 302(c) of the Street and Alley Closing and Acquisition Procedures Act of 1982, effective March 10, 1983 (D.C. Law 4-201; D.C. Official Code § 9-203.02(3))("Act"), and notwithstanding the requirements of section 304 of the Act (D.C. Official Code § 9-203.04), the Council accepts the dedication, in fee simple absolute, of the land necessary for street purposes and approves the establishment of a building restriction line in Square 1346, bounded by Foxhall Road, N.W., and W Street, N.W., as shown on the Surveyor's plat filed under S.O. 06-9108. The Council's acceptance of this dedication and building line restriction shall be contingent upon the applicant's satisfaction of all conditions set forth in the official file S.O. 06-9108."
Section 3 of D.C. Law 18-39 provides:
"Sec. 3. (a) Pursuant to sections 302 and 401 of the Act (D.C. Official Code §§ 9-203.02 and 9-204.01), and notwithstanding the requirements of section 303(a), (b), and (c)(2) and section 304 of the Act (D.C. Official Code §§ 9- 203.03(a), (b), and (c)(2) and 9-203.04), the Council accepts the dedication of land as shown on the Surveyor's plat filed under S.O. 07-8802 and designates the streets as N Street, S.E., 2nd Street, S.E., 3rd Street, S.E., 4th Street, S.E., 5th Street, S.E., Water Street, S.E., and Tingey Street, S.E., as shown on the Surveyor's plat filed under S.O. File 07-8802.
"(b) The Council's acceptance of the dedication of land described in subsection (a) of this section is contingent upon the issuance of the written statement by the District Department of Transportation required by section 303(c)(1) of the Act (D.C. Official Code § 9-203.03(c)(1)) ('DDOT Statement'); except, that the DDOT Statement shall not be required if the District of Columbia, acting through the District Department of Transportation, and Forest City SEFC, LLC, have executed an agreement governing the acceptance and dedication of street improvements in the Southeast Federal Center and the agreement is in full force and effect.
"(c) Nothing in this section shall be deemed to waive any laws, regulations, rules, or orders that are applicable to the construction of improvements on the land dedicated pursuant to this section."
(a) Where the highway plan shows: (1) a street as 90 feet wide, the Council may accept a dedication of land no less than 60 feet wide; (2) a street as 120 feet or more wide, the Council may accept a dedication of land no less than 90 feet wide; provided, that in both clauses (1) and (2) of this section the persons dedicating the land agree to establish building restriction lines to correspond with the width of the street as shown on the highway plan.
(b) An application to dedicate land to establish a minor street that would not meet the requirements of § 9-203.04 shall be accompanied by a document signed by the Mayor, stating that the Mayor has authorized the nonconforming street width or building-line setback.
(c) When the Council makes street construction a condition for the dedication of land for street purposes, the Surveyor shall not record a dedication plat until DDOT has issued a written statement ("DDOT Statement") that:
(1) The owner of the property to be dedicated has constructed the street improvements in accordance with the Council's conditions, DDOT's standard and specifications, and any plans required and approved by DDOT; and
(2) The owner of the property being dedicated has signed a document, which shall be attached to the DDOT Statement, that indemnifies and holds harmless the District and all of its officers, agents, and servants against any and all claims or liability arising from or based on, or as a consequence or result of, any latent defects, act, omission, or default of the owner of the property, his employees, agents, servants, contractors, or subcontractors, in the performance of, or in connection with, any work required, contemplated, or performed in connection with the construction of the street.
(Mar. 10, 1983, D.C. Law 4-201, § 303, 30 DCR 148; Oct. 22, 2008, D.C. Law 17-246, § 2(b), 55 DCR 9010.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 7-443.
Effect of Amendments
D.C. Law 17-246 designated subsec. (a); and added subsecs. (b) and (c).
Legislative History of Laws
For legislative history of D.C. Law 4-201, see Historical and Statutory Notes following § 9-201.01.
For Law 17-246, see notes following § 9-201.01.
Except as provided in § 9-203.03(b) and (c), and any regulations issued pursuant to § 9-203.03(b) or (c), in any 1 block length, a minor street shall be 75 feet wide, though land may be acquired at a width of 55 feet with building restriction lines set 10 feet back on both sides of the street lines.
(Mar. 10, 1983, D.C. Law 4-201, § 304, 30 DCR 148; Oct. 22, 2008, D.C. Law 17-246, § 2(c), 55 DCR 9010.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 7-444.
Effect of Amendments
D.C. Law 17-246 substituted "Except as provided in § 9-203.03(b) and (c), and any regulations issued pursuant to § 9-203.03(b) or (c), in any" for "In any".
Legislative History of Laws
For legislative history of D.C. Law 4-201, see Historical and Statutory Notes following § 9-201.01.
For Law 17-246, see notes following § 9-201.01.
Miscellaneous Notes
Approval of new streets or alleys: Section 2 of D.C. Law 8-178 provided that the Council accepts the dedication of land and approves the establishment of building restriction lines necessary to create minor streets within Lot 2 in Square 5957, as shown on the Surveyor's plat filed under S.O. 89-276, upon the filing of certain covenants in the Recorder of Deeds Division. Section 4(b) of D.C. Law 8-178 provided that if the covenant required by § 2 of the act is not filed within 2 years of October 2, 1990, the act shall expire.
Creation of street: Section 2 of D.C. Law 7-102 provided that pursuant to § 9- 203.04 the Council of the District of Columbia accepts the dedication of land and approves the establishment of building restriction lines necessary to create a minor street in Square 4325 connecting 31st Place, N.E., and Fort Lincoln Drive, N.E., in Fort Lincoln New Town, as shown in the Surveyor's plat filed under S.O. 85-189.
Approval of new streets or alleys: Section 3 of D.C. Law 8-81 provided that the Council accepted the dedication of land for minor streets in Squares 5041 and 5056; approved the set-aside of portions of public alleys for minor streets in Squares 5041 and 5056, as shown on the Surveyor's plat filed under S.O. 88- 212; approved the set-aside of a portion of Grant Street, N.E., for Parkside Place, N.E., as shown on the Surveyor's plat filed under S.O. 88-212; and approved the establishment of building restriction lines for minor streets in Squares 5041 and 5056, as shown on the Surveyor's plat filed under S.O. 88-212.
Section 2 of D.C. Law 10-197 provided that the Council accepts the dedication of land and approves the establishment of building restriction lines necessary to create a minor street in Square 5969 near Mississippi Avenue, S.E., and 4th Street, S.E., as shown on the Surveyor's plat filed under S.O. 92-124.
Any area between the property line and the building restriction line shall be considered as private property set aside and treated as public space under the care and maintenance of the property owner. The use of this area shall be controlled by the District of Columbia police regulations with respect to the use of public space and the projection of buildings beyond the building line. The District shall have a right-of-way through this area for sewers and water mains free of charge. The Mayor may build sidewalks on this area if in the judgment of the Mayor the space between the street lines is not sufficient to permit the construction of sidewalks within the street lines.
(Mar. 10, 1983, D.C. Law 4-201, § 305, 30 DCR 148.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 7-445.
Legislative History of Laws
For legislative history of D.C. Law 4-201, see Historical and Statutory Notes following § 9-201.01.
(a) Prior to the improvement or issuance of a permit to improve a street that has been acquired for street purposes by the District but has neither been improved nor used as a public right-of-way for vehicles within 10 years of its acquisition, the Mayor shall submit a proposed street improvement, a proposed resolution to consider the proposed improvement, and supporting documents regarding the proposed improvement to the Council for a 45-day period of review, excluding Saturdays, Sundays, holidays, and days of Council recess. If the Council does not approve or disapprove the proposed improvement, in whole or in part, by resolution within this 45-day review period, the proposed improvement shall be deemed approved, and the Mayor may improve or issue a permit to improve the street.
(b) Prior to submitting the resolution to the Council required in subsection (a) of this section, the Mayor shall solicit comments on the proposed improvement from appropriate executive branch agencies and public utilities, the Advisory Neighborhood Commission within whose area the street is located, and each owner of property within the squares adjacent to the street to be improved.
(c) The supporting documents required to be submitted to the Council by subsection (a) of this section shall include at a minimum:
(1) A Surveyor's plat showing the street proposed to be improved; a listing by name, address, and lot and square numbers of each owner of property within the squares adjacent to the street to be improved; and the date and method of acquisition by the District of the street;
(2) Comments on the proposed improvement from appropriate District agencies and public utilities, including information regarding:
(A) Any building or development plans and any filed zoning cases related to the proposed improvement;
(B) The conformity of the proposed improvement and any associated development with the policies and land use designations set forth in the District of Columbia Comprehensive Plan Act of 1984;
(C) The present and future traffic needs to be served by the proposed improvement, any alternative means of serving those needs that have been considered, and an assessment of the impact of the proposed improvement and any associated development on traffic circulation, parking availability, and environmental conditions in the surrounding area;
(D) The total costs associated with the proposed improvement, including the costs of the proposed improvement and future maintenance of the street, and whether those costs are to be borne by the District or by a private party;
(E) The probable assessed value of the land to be improved for street purposes, and the existing condition and use of this land;
(F) The assessed values of the land and buildings on property within the squares that abut the street to be improved; and
(G) Any requirements or easements to be established as conditions to approval of the proposed improvement; and
(3) Certification by the Mayor or the Mayor's agent that the affected Advisory Neighborhood Commission and each owner of property within the squares adjacent to the street to be improved has been notified about the proposed improvement, and copies of any comments on the proposed improvement that have been received by the executive branch from the Advisory Neighborhood Commission, property owners, or any other persons.
(d) This section shall not apply to a proposal that consists of:
(1) Rehabilitation, repair, or reconstruction of a street that is already being used as a public right-of-way for vehicles at the time of the proposal; or
(2) Widening, realignment, or extension by 10 feet or less of the pavement of a street that is already being used as a public right-of-way for vehicles at the time of the proposal.
(Mar. 10, 1983, D.C. Law 4-201, § 306, as added May 10, 1988, D.C. Law 7- 106, § 2(a), 35 DCR 2170.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 7-446.
Legislative History of Laws
Law 7-106, the "New Streets or Alleys Amendment Act of 1988," was introduced in Council and assigned Bill No. 7-100, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on February 16, 1988 and March 1, 1988, respectively. Signed by the Mayor on March 16, 1988, it was assigned Act No. 7-148 and transmitted to both Houses of Congress for its review.
References in Text
The "District of Columbia Comprehensive Plan Act of 1984," referred to in subsection (c)(2)(B), is D.C. Law 5-76.
(a) Within 6 months of May 10, 1988, the Mayor shall, pursuant to subchapter I of Chapter 5 of Title 2, issue rules to govern the procedures and standards for acquiring and improving streets and alleys in the District of Columbia. These rules shall include the establishment of:
(1) Procedures by which notification and opportunity to comment shall be provided to the Advisory Neighborhood Commission within whose area the street or alley is located;
(2) Procedures by which notification and opportunity to comment shall be provided to each owner of property within the squares adjacent to the street to be acquired or improved and within the square in which an alley is to be acquired or improved; and
(3) Standards for making a determination that the acquisition or improvement of a street or alley would be in the public interest, for evaluating the comments received from the affected Advisory Neighborhood Commission and property owners within whose area the street or alley is located, and for assessing the criteria set forth in § 9-203.06(c)(2).
(b) This section shall not apply to a proposal that consists of:
(1) Rehabilitation, repair, or reconstruction of a street or alley that is already being used as a public right-of-way for vehicles at the time of the proposal; or
(2) Widening, realignment, or extension by 10 feet or less of the pavement of a street or alley that is already being used as a public right-of-way for vehicles at the time of the proposal.
(Mar. 10, 1983, D.C. Law 4-201, § 307, as added May 10, 1988, D.C. Law 7- 106, § 2(a), 35 DCR 2170.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 7-447.
Legislative History of Laws
For legislative history of D.C. Law 7-106, see Historical and Statutory Notes following § 9-203.06.
Delegation of Authority
Delegation of authority pursuant to D.C. Law 7-106, "New Street or Alley Amendment Act of 1988", see Mayor's Order 88-162, July 11, 1988.
(a) Within 1 year of May 10, 1988, the Mayor shall submit a report to the Council on the highway plan for the District of Columbia.
(b) The report shall include:
(1) An updated list of each street that has been acquired but has not been improved and does not function as a public right-of-way for vehicles, including the location of the street, the date and method of approval of the street on the highway plan if applicable, and the date and method of acquisition of the street by the District;
(2) An updated list of each street on the highway plan that has not been acquired by the District, including the location of the street and the date and method of approval of the street on the highway plan; and
(3) A list of each unimproved acquired street and of each unacquired street on the highway plan determined by the Mayor to be no longer necessary for present or future street purposes, accompanied by proposed legislation and supporting documents to close these unimproved acquired streets and to remove these unacquired streets from the highway plan.
(Mar. 10, 1983, D.C. Law 4-201, § 308, as added May 10, 1988, D.C. Law 7- 106, § 2(a), 35 DCR 2170.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 7-448.
Legislative History of Laws
For legislative history of D.C. Law 7-106, see Historical and Statutory Notes following § 9-203.06.
Delegation of Authority
Delegation of authority pursuant to D.C. Law 7-106, "New Street or Alley Amendment Act of 1988", see Mayor's Order 88-162, July 11, 1988.
(a) Within 2 years of May 10, 1988, and every 5 years thereafter, the Mayor shall publish an official street map that delineates each street and property square in the District of Columbia.
(b) This map shall distinguish between:
(1) Streets that have been improved, constructed, or paved;
(2) Streets that have been acquired but have not been improved, constructed, or paved; and
(3) Streets that are on the highway plan but have not been acquired and have not been improved, constructed, or paved.
(c) This map shall be available for review in every public library in the District and be available for sale by the District of Columbia Office of Documents.
(Mar. 10, 1983, D.C. Law 4-201, § 309, as added May 10, 1988, D.C. Law 7- 106, § 2(a), 35 DCR 2170.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 7-449.
Legislative History of Laws
For legislative history of D.C. Law 7-106, see Historical and Statutory Notes following § 9-203.06.
Delegation of Authority
Delegation of authority pursuant to D.C. Law 7-106, "New Street or Alley Amendment Act of 1988", see Mayor's Order 88-162, July 11, 1988.
