5416

COUNTY LOCAL LAWS

BIKEWAYS AND PEDESTRIAN WALKWAYS TO BE PHASED INTO
EXISTING ROAD AND TRANSPORTATION SYSTEMS THROUGHOUT THE
COUNTY. SUCH BIKEWAYS AND PEDESTRIAN WALKWAYS SHALL BE
CONSISTENT WITH AREA MASTER PLANS AND TRANSPORTATION
PLANS PREPARED BY THE MONTGOMERY COUNTY PLANNING BOARD.
FOLLOWING THE DEVELOPMENT AND APPROVAL OF THE PLAN FOR A
PROGRAM FOR BIKEWAYS AND PEDESTRIAN WALKWAYS THE COUNTY
SHALL PROCEED AS RAPIDLY AS POSSIBLE WITH THE
IMPLEMENTATION OF THAT PROGRAM.

(B)    IN ADDITION TO THE PHASING IN OF BIKEWAYS AND
PEDESTRIAN WALKWAYS WITH EXISTING TRANSPORTATION SYSTEMS
PURSUANT TO SUBSECTION (A) OF THIS SECTION, BIKEWAYS AND
PEDESTRIAN WALKWAYS SHALL BE CONSTRUCTED ALONG WITH THE
CONSTRUCTION, RECONSTRUCTION OR RELOCATION OF ANY COUNTY
ROAD UNLESS IT IS DETERMINED THAT SUCH WOULD NOT BE IN
THE INTEREST OF PUBLIC SAFETY OR WOULD NOT BE FEASIBLE OR
WOULD BE DISPROPORTIONATE IN COST TO THE NEEDS THEREFOR
OR PROBABLE USE THEREOF. SUCH BIKEWAYS AND PEDESTRIAN
WALKWAYS SHALL CONFORM TO APPROVED CAPITAL IMPROVEMENTS
PROGRAMS AND SHALL BE CONSISTENT WITH AREA MASTER PLANS
AND TRANSPORTATION PLANS PREPARED BY THE MONTGOMERY
COUNTY PLANNING BOARD.

(C)    IN ORDER TO PROMOTE THE SAFETY OF BICYCLE AND
WHEELCHAIR TRAVEL THROUGHOUT THE COUNTY, THE COUNTY
EXECUTIVE SHALL ESTABLISH BY WRITTEN REGULATION STANDARDS
AND SPECIFICATIONS FOR THE CONSTRUCTION AND MAINTENANCE
OF RAMPS AT CURBED INTERSECTIONS AND FOR THE CONSTRUCTION
AND MAINTENANCE OF STORM WATER GRATINGS AND OTHER
OPENINGS ALONG ROADS AND STREETS OF SUCH A DESIGN AND
TYPE AS NOT TO CONSTITUTE A HAZARD TO BICYCLE AND
WHEELCHAIR TRAFFIC. SUCH NON-HAZARDOUS RAMPS, GRATINGS
AND OPENINGS SHALL BE CONSTRUCTED AND MAINTAINED IN
CONNECTION WITH ALL PROJECTS IMPLEMENTED PURSUANT TO
SUBSECTIONS (A) AND (B) OF THIS SECTION.

Sec. 3. Severability.

The provisions of this Act are severable, and if any
provision, sentence, clause, section or part thereof is
held illegal, invalid or unconstitutional or inapplicable
to any person or circumstance, such illegality,
invalidity, unconstitutionality, in inapplicability shall
not affect or impair any of the remaining provisions,
sentences, clauses, sections or parts of the Act or their
application to other persons or circumstances. It is
hereby declared to be the legislative intent that this
Act would have been adopted if such illegal, invalid or
unconstitutional provision, sentence, clause, section or
part had not been included therein, and if the person or
circumstances to which the Act or any part thereof is
inapplicable had been specifically exempted therefrom.