(a) The Council must consider the record of the proceedings and the report and recommendations of the County Executive, including any recommendations of the government agencies and other parties listed in Section 49-62(h), and any other relevant and material information the Council receives from any person.
(b) The Council may at any time remand an application to the Executive or the Executive's designee to reopen the record or consider new information.
(c) A right-of-way may be abandoned or closed if the Council by resolution finds that:
(1) the right-of-way is no longer necessary for present public use or anticipated public use in the foreseeable future, or
(2) the abandonment or closing is necessary to protect the health, safety and welfare of the residents near the right-of-way to be abandoned or closed. In assessing health, safety, and welfare issues, the Council may consider:
(A) any adopted land use plan applicable to the neighborhood;
(B) safe and efficient pedestrian and vehicular traffic patterns and flows, together with alternatives, in the immediate neighborhood, for local and through traffic; and
(C) changes in fact and circumstances since the original dedication of the right-of-way.
(d) A right-of-way which is the sole means of access to any property must not be abandoned or closed. (1975 L.M.C., ch. 26, § 1; 1982 L.M.C., ch. 46, § 2; 1996 L.M.C., ch. 29, § 1; , § 1.)
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