(a) Purpose. Each subdivision or development shall be designed to provide interconnections to promote the circulation and flow of bicycles and pedestrians between developments and existing uses and to incorporate bicycle, pedestrian, and transit infrastructure, such as connectable public sidewalks, crosswalks, bikeways, shared-use paths, and transit stops or transit stations to facilitate the use of pedestrian transportation, bicycle transportation, and public transit.
(b) Requirements.
(1) In addition to any other design requirements of this Code, each development or subdivision shall provide public on- or off-site bicycle, pedestrian, or transit infrastructure, that connects to or expands the existing, planned, or future public bicycle, pedestrian, or transit infrastructure. The developer shall provide the bicycle, pedestrian, and transit infrastructure improvements in accordance with the approved bicycle pedestrian and transit assessment.
(2) The developer may acquire property not already owned by the developer to be dedicated for public use to implement the requirements of this section.
(c) Plans and guidelines.
(1) A transportation functional master plan shall be prepared by the Office of Transportation, in conjunction with other approving agencies, no later than one year after November 23, 2018.
(2) Bicycle, pedestrian, and transit assessment guidelines shall be prepared by the Office of Transportation, in conjunction with other approving agencies, no later than 60 days after November 23, 2018.
(d) Limit. The cost to the developer for design and construction of public bicycle, pedestrian, and transit infrastructure required under this section may not be required to exceed the amount of the bicycle, pedestrian, and transit fee-in-lieu that would be due for the subdivision or development under § 17-11-101.
(e) Fee-in-lieu.
(1) Authorized. Upon a finding by the Planning and Zoning Officer that, due to specific existing site conditions, construction of connectable public sidewalks, bikeways, shared-use paths, or transit stops, as required by this section, that would facilitate connections or accessibility to nearby bicycle, pedestrian, or transit infrastructure cannot reasonably be accomplished within the cost limits of this section, or where a development is exempt from providing a bicycle, pedestrian, and transit assessment under this article, a developer may pay a fee-in-lieu in the amount provided in § 17-11-101 for bicycle, pedestrian, and transit infrastructure. The Bicycle, Pedestrian, and Transit Infrastructure Fee-in-Lieu Fund shall be established by the Office of Transportation no later than 60 days after November 23, 2018, and shall be administered by that office. A fee-in-lieu shall be paid into the Bicycle, Pedestrian, and Transit Infrastructure Fee-in-Lieu Fund prior to the issuance of a grading permit or building permit when a grading permit is not required.
(2) Use of funds. Funds in the Bicycle, Pedestrian, and Transit Infrastructure Fee-in-Lieu Fund may only be utilized for the design and construction costs associated with expanding existing bicycle, pedestrian, and transit infrastructure, or creating new bicycle, pedestrian, and transit infrastructure. The Director of the Office of Transportation may approve a request to use funds from the Bicycle, Pedestrian, and Transit Infrastructure Fee-in-Lieu Fund to expand existing or create new bicycle, pedestrian, or transit infrastructure.
(f) Design requirements. The design of facilities for bicyclists and pedestrians shall be in accordance with those provided in the Design Manual, or, in the absence of information in the Design Manual, guidance from generally recognized and commonly used transportation engineering and planning standards including guidance from the Federal Highway Administration (FHWA), the Maryland Department of Transportation (MDOT), the American Association of State Highway and Transportation Officials (AASHTO), the Institute of Transportation Engineers (ITE), and the National Association of City Transportation Officials (NACTO).
(g) Applicability. The provisions of this section shall apply to all development subject to this article, including development in the Odenton Town Center, the Parole Town Center, and the Glen Burnie Town Center.
(Bill No. 78-18; Bill No. 84-23)