This subtitle governs the procedures for gating, greening, and leasing alleys under the authority of <cite data-doc="City of Baltimore, Md., Charter" data-path="II|§35|(e)">City Charter Article II, § 35(e)</cite> and (f). The Director of Transportation may authorize the gating and, if applicable, the greening of an alley if, on petition, public notice, and hearing as provided in this subtitle, the Director determines that: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:are residential; or contain, above a non-residential ground floor, 1 or more upper stories that, as allowed by the applicable Use Table of the Baltimore City Zoning Code, are being used or are designed and intended to be used as residential dwellings. Ord. 07-409 Ord. 11-580 Ord. 15-405 Ord. 18-107

Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the Director of Transportation must adopt rules and regulations to carry out this subtitle. The rules and regulations adopted under this subtitle may set reasonable fees to cover the costs incurred by the Department in processing a petition. Ord. 07-409 Ord. 11-580 Ord. 15-405 Text Conformed 02/23/21 By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed subsection (a) to refer expressly to the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.

At the request of any person interested in the gating or greening of an alley, the Department of Transportation must provide that person with a list of the names and addresses, as then shown on the Department’s records, of the owners of all properties abutting that alley. Ord. 07-409 Ord. 11-580 Ord. 15-405

To initiate a proceeding under this subtitle, a petition by abutting owners must be submitted to the Director of Transportation. The petition must specify whether it is for:gating, but not greening, an alley; gating and greening an alley; or greening an alley for which gating already has been approved. The petition must be accompanied by: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. Each petition and its accompanying statement and consents must be in the form and contain the information that the Director requires by rule or regulation. Ord. 07-409 Ord. 11-580 Ord. 15-405 Ord. 19-332

A petition to gate, but not to green an alley must be accompanied by the signed consents of at least 75% of the owners of all abutting properties, not including abandoned properties. If 1 or more abutting owners has not consented in writing to the proposed gating, the petition must be accompanied by an affidavit, made under the penalties of perjury, that describes and substantiates diligent attempts made by the petitioners to obtain the consents of all of the owners of all abutting properties. Ord. 07-409 Ord. 15-405

Except as provided in subsection (b) of this section, a petition to gate and green an alley or a petition to green an alley for which gating already has been approved must be accompanied by the signed consents of 100% of the owners of all abutting properties. If 1 or more abutting properties are unoccupied or abandoned and, notwithstanding due diligence, their owners have not been found, the petition may still be filed and considered if: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:describes and substantiates diligent attempts made by the petitioners to obtain the consents of 100% of the owners of all unoccupied properties and abandoned properties abutting the alley; and affirms that no owner of any abutting property has refused to sign a consent or otherwise is known to object to the petition. Ord. 07-409 Ord. 15-405

On receipt of a completed petition, the Director of Transportation must refer the petition to both the Police Commissioner and the Fire Marshall for their respective reviews and, within 30 days of the referral, submission of reports. If the Police Commissioner or the Fire Marshall fails to submit a report to the Director of Transportation within the 30-day submission period, that official is deemed to have no objections to the petition. Ord. 07-409 Ord. 15-405

During the 30-day period for submission of reports under § 8A-11 {“Reviews by Police and Fire Departments”}, the Director of Transportation must: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. Ord. 07-409 Ord. 11-580 Ord. 15-405

Within 30 days of the hearing, the Director of Transportation must: issue a written decision on the petition; and send a copy of the decision to the person designated for this purpose by the petitioners. Ord. 07-409 Ord. 11-580 Ord. 15-405

The approval of any petition to gate or green an alley is subject to the entry into a lease, in the form and on the terms approved by the Board of Estimates, between the City, as lessor, and a neighborhood association or other non-profit entity that consists of property owners whose properties abut the alley or otherwise represents the area in which the alley and its abutting properties are located, as lessee. The lease must include, at a minimum, provisions to the following effect: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:is responsible, on completion of its work, for restoring the alley to grade; but is not responsible for any other work in the alley or for any other costs incurred in restoring the alley. 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:at any time, the owners of two-thirds of the abutting properties, not including any abandoned properties, so request in writing; at any time, the lessee is in default of any term of the lease and has failed to cure that default in accordance with the terms of the lease; or after a public hearing, with prior notice as provided in the lease, the Director determines that:the alley is needed for through pedestrian or vehicular traffic; or the gating and, if applicable, the greening no longer promotes the public health, safety, or welfare. Ord. 07-409 Ord. 11-580 Ord. 15-405

If a company that has utilities lawfully located in a leased alley enters the alley for maintenance, repair, or replacement of the utilities, the company: is responsible, on completion of its work, for restoring the alley to grade; but is not responsible to the lessee for any other work in the alley or for any other costs incurred in restoring the alley. Ord. 07-409 Ord. 15-405

A person aggrieved by a final decision of the Director under this subtitle may seek judicial review of that decision by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure. A party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure. Ord. 07-409 Ord. 11-580