Subtitle 8A – Gating and Greening Alleys

an unoccupied structure or vacant lot on which taxes are in arrears for at least 2 years; or

a building that:

“Greening” means any alteration to an alley, beyond mere gating, that newly restricts vehicular access to or in the alley.

“Greening” includes, but is not limited to, the installation of a fixed object, plant, or tree that newly restricts vehicular access to or in the alley.

the alley is no longer needed for through pedestrian or vehicular traffic;

the gating and, if applicable, the greening will promote the public health, safety, or welfare; and

the majority of the structures abutting the alley:

gating, but not greening, an alley;

gating and greening an alley; or

greening an alley for which gating already has been approved.

a statement that specifies how the proposed gating and, if applicable, the proposed greening would promote the public health, safety, or welfare; and

the signed consents of abutting owners, as required by § 8A-9 {“Consents – Gating only”} or <cite data-path="|26|§8A-10">§ 8A-10 {“Consents – Greening”} of this subtitle</cite>, as the case may be.

the petition is accompanied by the signed consents of 100% of the owners of all occupied properties abutting the alley;

the properties for which signed consents have been obtained constitute at least 80% of all of the properties, not including any abandoned properties, abutting the alley; and

the petition is accompanied by an affidavit, made under the penalties of perjury, that:

determine whether the petition satisfies all legal requirements for a petition; and

if it does, schedule a public hearing to be held as soon as practicable after the determination and, in any event, within 30 days of that determination.

At least 10 days before the hearing, the petitioners must post notice of the hearing at each end of the alley.

The posted notice must be of the size and contain the information that the Director requires by rule or regulation.

At least 10 days before the hearing, the petitioners must also mail notice of the hearing to the owners of all properties abutting the alley, as then shown on the Department’s records.

The mailed notice must contain the information that the Director requires by rule or regulation.

All plans for the design and construction of gates, for any sodding, seeding, pavement removal, or other landscaping of the alley, and, if within the scope of the approved petition, for any greening of the alley must be reviewed and approved by the Department of Public Works, by the Department of Transportation, and, if the alley is located within an Historical and Architectural Preservation District or is on or adjacent to property included on the City’s Landmark List or Special List, by the Commission for Historical and Architectural Preservation.

All costs related to the preparation of these plans, to the purchase, installation, and maintenance of gates, to sodding, seeding, pavement removal, or other landscaping of the alley, or, if within the scope of the approved petition, to any greening of the alley, and all costs related to general maintenance of the alley, including all fees for building, fire, or related permits, are at the lessee’s expense.

If the approved petition is for gating, but not greening, the alley, the lessee may not cause or permit any greening of the alley or otherwise cause or permit any alteration to the alley, beyond mere gating, that would newly restrict vehicular access to or in the alley.

If the approved petition is for gating and greening the alley or for greening an alley for which gating already has been approved, no greening activities may be undertaken until the lessee has first entered into a developer’s agreement with the Department.

Access to the alley must be available to the City’s Police, Fire, Public Works, and Transportation Departments, to all other appropriate agencies of the City, and to all companies that have utilities lawfully located in the alley.

A Knox box must be placed on each gate for access by authorized vehicles and pedestrians.

No utilities in the alley may be disturbed or built upon, and all easements for utilities must be preserved.

If the Public Works Department, the Transportation Department, or their employees, agents, or contractors enter the alley for maintenance, repair, or replacement of City utilities, the Department:

Nothing in the lease may affect or be construed to affect any person’s private rights in the alley.

The Director of Transportation may terminate the lease and may order or cause, at the lessee’s expense, the removal of all gates and other obstructions and the alley’s restoration if: