(a) For road segments that lack sidewalks on both sides of the street, road reconstruction or curb and gutter replacement shall include installation of a sidewalk on at least one side of the street.
(b) For roadways that are missing sidewalks, but are not undergoing major construction, sidewalk installation shall be prioritized for the following areas:
(1) Missing sidewalks in school areas;
(2) Routes that provide access to parks and recreational facilities;
(3) Transit stops;
(4) Locations where the absence of a sidewalk creates substantial pedestrian safety risks; and
(5) Roadway segments for which residents petitioned to have sidewalks.
(c) The Mayor shall continue to accept and consider sidewalk petition requests from residents.
(Sept. 24, 2010, D.C. Law 18-227, § 2, 57 DCR 6923.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
Law 18-227, the "Priority Sidewalk Assurance Act of 2010", was introduced in Council and assigned Bill No. 18-191, which was referred to the Committee on Public Works and Transportation. The Bill was adopted on first and second readings on June 1, 2010, and June 15, 2010, respectively. Signed by the Mayor on July 7, 2010, it was assigned Act No. 18-471 and transmitted to both Houses of Congress for its review. D.C. Law 18-227 became effective on September 24, 2010.
(a) The Mayor shall provide notice to affected parties, the affected Advisory Neighborhood Commissions, and the Councilmembers of the affected Wards, prior to designing and constructing new sidewalks. At a minimum, this notice shall include:
(1) A statement of intent to design and construct a new sidewalk no less than 60 days before construction is scheduled, including a 30-day period for public comment on the proposed design;
(2) A statement of how affected parties can comment on the proposed sidewalk, including a statement on how Advisory Neighborhood Commissions can submit resolutions on the potential impact of the proposed sidewalk; and
(3) A construction schedule.
(b) The Mayor shall maintain for public review comments from affected parties received pursuant to subsection (a)(2) of this section and responses thereto.
(c) The Mayor shall design sidewalks in a manner that preserves the health of existing trees wherever possible.
(d) The recommendations of the affected Advisory Neighborhood Commission shall be given great weight, as that term is described in § 1-309.10(d)(3)(A).
(e) Whenever feasible, the Mayor shall consider pervious materials for the design and installation of sidewalks.
(f) For the purposes of this subchapter, the term "affected parties" means residents with property abutting the road segment under consideration.
(Sept. 24, 2010, D.C. Law 18-227, § 3, 57 DCR 6923.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 18-227, see notes following § 9-425.01.
(a) The District Department of Transportation may be exempted from the requirements of this subchapter upon a written determination by the Director of the District Department of Transportation ("Director) that it is impractical or unnecessary to install a sidewalk because:
(1) The physical site conditions would make it unduly expensive to construct the sidewalk;
(2) The sidewalk would not be used by pedestrians;
(3) The Director certifies that, due to the specific nature or design of the road segment under consideration, pedestrian travel can be safely accommodated without sidewalks, including travel by children and people with disabilities; or
(4) There would be damage to park land by the construction of the sidewalk on park land, or the District would be required to acquire an easement or property interest to establish the sidewalk.
(b) The written determination required in subsection (a) of this section shall be posted on the District Department of Transportation website and made available to the Council and the affected Advisory Neighborhood Commissions.
(Sept. 24, 2010, D.C. Law 18-227, § 4, 57 DCR 6923.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 18-227, see notes following § 9-425.01.
