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Ch. 670
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2000 LAWS OF MARYLAND
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(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.
(e) (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 arc 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
(ii) Secure any necessary right of way that may be needed beyond
the right of way already owned by the State.
(5) (i) Except as provided in subparagraph (ii) of this paragraph, after
sidewalks and bicycle pathways are constructed under this section, they shall be
maintained and repaired by the political subdivision in which they are located.
(ii) Subject to approval and the availability of funds, the
Administration promptly shall reimburse a political subdivision for the preapproved
and documented costs incurred in reconstructing a segment of a sidewalk or bicycle
pathway that has deteriorated to the extent that repair is not practical or desirable
for public safety.
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- 3440 -
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