(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.)

1981 Ed., § 7-446.

This section is referenced in § 9-203.07.

The “District of Columbia Comprehensive Plan Act of 1984,” referred to in subsection (c)(2)(B), is D.C. Law 5-76.