§ 309a. Local highway work uniform local share; exceptions
(a) Except as provided in subsection (b) or (c) of this section or in sections 309b and 309c of this title, in any case of highway or bridge construction in which a federal/State/local or
State/local funding match is authorized, the municipality’s share shall be ten percent
of the project costs.
(b) This section shall not apply to:
(1) any bridge replacement project in the Town Highway Bridge Program during the construction
of which the municipality closes the bridge and does not construct a temporary bridge
for the duration of the project, in which event the local match shall cover five percent
of the project costs;
(2) any project phase for which a municipality already has provided for payment of its
share by issuing bonds or funding a reserve established under a capital improvement
plan;
(3) any project on a town highway for which the General Assembly has authorized a different
federal/State/local funding match; and any project that serves an “economic growth
center” as defined in 23 U.S.C. § 143, and for which the General Assembly has authorized a different federal/State/local
funding match;
(4) any project involving a bridge, including the approaches to a bridge, that extends
between this State and an adjacent state;
(5) any bridge or roadway project involving a local financial share in which the municipality,
after its review of the conceptual project plans, chooses not to proceed with the
proposed project; in such circumstances, the Agency shall pay 100 percent of the project
costs incurred through the date it receives such notification from the municipality;
(6) any project where, by the mutual agreement of the municipality and Agency, rehabilitation
of an existing bridge is the preferred alternative, in which case the Agency shall
use the appropriate combination of State and federal funding to pay either 95 percent
of the cost of rehabilitation, or 97.5 percent if the municipality closes the bridge
and does not construct a temporary bridge for the duration of the project; or
(7) any project or portion of a project involving a structure that is part of the Historic
Bridge Program, where the Agency shall use the appropriate combination of State and
federal funding to pay 100 percent of the cost of rehabilitation.
(c) Notwithstanding the provisions of this section, a municipality’s share of any single
project shall not exceed an amount equivalent to the amount that could be raised in
one year by increasing the municipality’s tax rate by $0.50. In these cases, the
remaining portion of the nonfederal share shall be made up by the Agency, using available
State funds.
(d) In any case of highway or bridge construction in which a municipality bears a share
of the project costs, the fair market value of any land, material, or services donated
by the municipality and used in the project shall be credited to the municipality’s
share of the project costs subject to the provisions of 23 U.S.C. § 323 with respect to a federal aid project. (Added 1989, No. 121, § 11, eff. June 22, 1989; amended 1993, No. 61, § 41, eff. June 3, 1993; 1995, No. 140 (Adj. Sess.), § 2; 1997, No. 38, § 6a, eff. May 28, 1997; 1999, No. 18, § 21, eff. May 13, 1999; 2007, No. 75, § 21; 2011, No. 153 (Adj. Sess.), § 26.)