§ 9–1173. Aerial wire planning requirements.

(a) Prior to the expansion or construction of aerial wire-powered streetcar transit beyond the H Street/Benning Road line, authorized pursuant to § 9-1171, the Mayor shall develop a plan for the use of aerial wires for each phase or extension of the streetcar transit system and submit the plan to the Council, along with a written report that includes:

(1) An evaluation of the impact of aerial wires on federal property, including federal buildings and infrastructure; commemorative works of art, as that term is defined in 40 U.S.C. § 8902(1); congressionally mandated historic districts; historic properties as defined in section 301(5) of the National Historic Preservation Act, approved December 12, 1980 (94 Stat. 3001; 16 U.S.C. § 470w(5)); and the vistas, streets, avenues, and public reservations identified as contributing elements of the L’Enfant Plan of the City of Washington.

(2) The possible effect, including the visual effect, of aerial wires on the character of any historic district, including comments, if any, from the State Historic Preservation Officer;

(3) All applicable review requirements pursuant to District and federal law;

(4) Designation of any additional wire-free zones within the proposed phase or extension, as identified in coordination with impacted agencies and authorities; and

(5) The feasibility of using non-aerial power as a means of propulsion for the phase or extension.

(b) The Mayor shall submit each proposed plan 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 of a proposed plan, by resolution, within the 45-day review period, the plan shall be deemed disapproved.