§ 30-4. Standards for municipal consent to street closings and right-of-way vacations.
(a)
Substantive standards for closure or vacation. The city council shall give its consent to the permanent closing of a publicly dedicated street and/or vacation of a publicly dedicated right-of-way pursuant to Code of Ala. 1975, § 23-4-2 or 23-4-20, only if it finds that:
(1)
The measured average daily traffic count at the location proposed for closure and/or vacation is less than 100 trips per day;
(2)
The requested street closure and/or right-of-way vacation shall not deprive any landowner of safe, reasonable and convenient access to, ingress to, or egress from his property;
(3)
The requested street closure and/or right-of-way vacation shall not cause any delay in emergency response times for ambulance, police, EMT or fire vehicles;
(4)
The requested street closure and/or right-of-way vacation shall not impair access to overhead or underground utilities;
(5)
The requested street closure and/or right-of-way vacation shall not create a traffic or pedestrian safety hazard;
(6)
All applicable substantive and procedural standards of Code of Ala. 1975, tit. 23, ch. 4, have been met by the petition.
(b)
Procedural standards.
(1)
The petitioner for road closure and/or right-of-way vacation shall prepare a report on the factors enumerated in subsection (a)(1)—(6) of this section and submit it to the director of the planning department.
(2)
The petition and study shall undergo review by the EMA director, fire chief, police chief, city engineer, and city planner, who shall report their findings within ten days to the technical review committee (TRC) as constituted pursuant to article III of the city's subdivision regulations.
(3)
The TRC will receive the petition, study, and analyses of the EMA director, fire chief, police chief, city engineer, and city planner at its next regularly scheduled meeting and make a study thereof. The TRC's findings will be summarized by the planning department and forwarded to the planning commission.
(4)
The matter will be placed on the following month's planning commission agenda for public comment, and the subject of the petition, along with the date, time and location of said meeting will be advertised in the newspaper with which the city has a contract for such publication or, if none, any newspaper of general circulation in the city.
(5)
At the scheduled date and time, the planning commission will consider the petition, the petitioner's report, and the report of the technical review committee, and make a recommendation on the petition to the city council.
(6)
The city council will act on the petition at its next regularly scheduled meeting in accord with the provisions of Code of Ala. 1975, tit. 23, ch. 4.
(c)
Burden of demonstrating compliance. The burden of demonstrating compliance with the standards enumerated in subsection (a) of this section shall fall to the petitioner. In case the petition is initiated by the city pursuant to Code of Ala. 1975, § 23-4-2, the city shall have the burden of demonstrating compliance with all factors enumerated in subsection (a) of this section, and the council's resolution vacating the specified right-of-way required by Code of Ala. 1975, § 23-4-2, shall specifically state the findings required in subsection (a) of this section.
(d)
Designation of all existing and future public "stub streets". In order to avoid confusion about the future extension of existing and future public "stub streets" pursuant to section 5-4-2015 of the city's subdivision regulations, the planning commission is hereby authorized and directed to designate the status of all existing and future public "stub streets" as "permanently closed" or "future street extension." The planning commission is further authorized and directed to erect signs at the end of each such "stub street," at city expense, advising the public of its status. Such signs shall be erected at the end of each such stub street existing on the date of adoption of the ordinance from which this section derives, no later than July 1, 2001. Thereafter, each newly created "stub street" shall be designated "permanently closed" or "future street extension" within 30 days after acceptance into the city's maintenance program.
(Code 1992, § 17-4; Ord. No. 2001-76, §§ 1—4, 5-14-2001)