PARRIS N. GLENDENING, Governor

Ch. 759

(II) INFORMATION RELATING TO THE STUDENT CAPACITY OF
EACH SCHOOL AND ANY PROPOSED PLANS RELATING TO SCHOOL REDISTRICTING
IN THE COUNTY.

5-7B-04. 5-7B-05.

(A) (1) THE STATE MAY PROVIDE FUNDING FOR A PROJECT A
GROWTH-RELATED PROJECT NOT IN A STATE PRIORITY FUNDING AREA IF:

(I) THE BOARD OF PUBLIC WORKS DETERMINES THAT
EXTRAORDINARY CIRCUMSTANCES EXIST WHICH WARRANT PROCEEDING WITH
THE PROJECT AND THAT NO REASONABLY FEASIBLE ALTERNATIVE EXISTS IN
ACCORDANCE WITH THE REQUIREMENTS OF PARAGRAPH (2) OF THIS SUBSECTION;
OR

(II) THE BOARD OF PUBLIC WORKS APPROVES THE PROJECT AS A
TRANSPORTATION PROJECT THAT MEETS THE REQUIREMENTS OF PARAGRAPH (3)
OF THIS SUBSECTION.

(2)     IN ORDER TO DETERMINE THAT EXTRAORDINARY
CIRCUMSTANCES EXIST UNDER PARAGRAPH (1) OF THIS SUBSECTION, THE BOARD
SHALL DETERMINE BY A MAJORITY VOTE THAT:

(I) THE FAILURE TO FUND THE PROJECT IN QUESTION CREATES
AN EXTREME INEQUITY. HARDSHIP. OR DISADVANTAGE THAT CLEARLY
OUTWEIGHS THE BENEFITS FROM LOCATING A PROJECT IN A PRIORITY FUNDING
AREA: AND

(II) THERE IS NO REASONABLE ALTERNATIVE FOR THE PROJECT
IN A PRIORITY FUNDING AREA IN ANOTHER LOCATION WITHIN THE STATE COUNTY
OR AN ADJACENT COUNTY.

(3)     THE BOARD OF PUBLIC WORKS MAY APPROVE A TRANSPORTATION
PROJECT UNDER PARAGRAPH (1)(II) OF THIS SUBSECTION IF THE TRANSPORTATION
PROJECT:

(I)      MAINTAINS THE EXISTING TRANSPORTATION SYSTEM.
PROVIDED IF THE DEPARTMENT OF TRANSPORTATION AND THE OFFICE OF
PLANNING DETERMINE THE PROJECT DOES NOT SERVE TO SIGNIFICANTLY
INCREASE HIGHWAY CAPACITY;

(II)    SERVES TO CONNECT STATE PRIORITY FUNDING AREAS.
PROVIDED THAT IF:

1. THE DEPARTMENT OF TRANSPORTATION AND THE
OFFICE OF PLANNING DETERMINE THAT ADEQUATE ACCESS CONTROL OR OTHER
MEASURES ARE IN PLACE TO:

A. PREVENT DEVELOPMENT THAT IS INCONSISTENT WITH §
5-7A-01(1), (2), AND (3) OF THIS TITLE; AND

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