(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.)
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