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Ch. 347
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PARRIS N. GLENDENING, Governor
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3. Located within urban boundaries as defined by the U.S.
Census Bureau; or
4. Located within the boundaries of a municipal corporation;
and
(ii) Part of the State highway system.
(b) (1) Sidewalks shall be constructed at the time of construction or
reconstruction of an urban highway, or in response to the request of a local
government unless:
(i) The Administration determines that the cost or impacts of
constructing the sidewalks would be too great in relation to the need for them or their
probable use; or
(ii) The local government indicates that there is no need for
sidewalks.
(2) Sidewalks constructed under this section shall be consistent with
area master plans and transportation plans adopted by the local planning
commission.
(c) (1) If sidewalks or bicycle pathways are constructed or reconstructed as
part of a roadway construction or reconstruction project, the Administration shall
fund the sidewalk or bicycle pathway construction or reconstruction as a part of the
cost of the roadway project.
(2) Except as provided in [paragraph (3)] PARAGRAPHS (3) AND (4) of
this subsection, if sidewalks or bicycle pathways are constructed or reconstructed in
response to a request from a local government and the adjacent roadway is not being
concurrently constructed or reconstructed, the cost to construct or reconstruct the
sidewalk or bicycle pathway shall be shared equally between the State and local
governments.
(3) If sidewalks or bicycle pathways within a designated neighborhood as
defined in Article 83B, §§ 4-202 and 4-203 of the Code are constructed or
reconstructed in response to a request from a local government and the adjacent
roadway is not being concurrently constructed or reconstructed, the cost to construct
or reconstruct the sidewalk or bicycle pathway may be funded entirely by the State.
(4) (I) THIS PARAGRAPH DOES NOT APPLY TO A PRIORITY FUNDING
AREA THAT IS A DESIGNATED NEIGHBORHOOD AS DEFINED IN ARTICLE 83B, §§ 4-202
AND 4-203 OF THE CODE.
(II) IF SIDEWALKS OR BICYCLE PATHWAYS WITHIN AN AREA
DESIGNATED AS A PRIORITY FUNDING AREA UNDER § 5-7B-02 OF THE STATE
FINANCE AND PROCUREMENT ARTICLE ARE CONSTRUCTED OR RECONSTRUCTED IN
RESPONSE TO A REQUEST FROM A LOCAL GOVERNMENT AND THE ADJACENT
ROADWAY IS NOT BEING CONCURRENTLY CONSTRUCTED OR RECONSTRUCTED, AND
IF THE ADMINISTRATION DETERMINES THAT A SUBSTANTIAL PUBLIC SAFETY RISK
EXISTS AND THAT CONSTRUCTION WOULD NOT OCCUR UNDER THIS SECTION DUE
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- 2903 -
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