Ch. 572

1997 LAWS OF MARYLAND

[(1) (i)] (I) 1. Constructed with a curb and gutter and an enclosed type
storm drainage system;

[(ii) Located] 2. LOCATED in an urban area and on which is located a
public facility that creates appreciable pedestrian traffic along the highway from adjacent
areas; [or]

[(iii) Located] 3. LOCATED within urban boundaries as defined by the
U.S. Census Bureau; OR

4. LOCATED WITHIN THE BOUNDARIES OF A MUNICIPAL
CORPORATION; and

[(2)] (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) 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)     If sidewalks OR BICYCLE PATHWAYS are being constructed or
reconstructed in response to a request from a local government and the adjacent roadway
is not being concurrently constructed or reconstructed, the local government shall:

(i) Provide public notice and opportunities for community
involvement prior to the construction of a sidewalk OR BICYCLE PATHWAY project; and

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