§ 331 — Consideration of complete street design

§ 331. Consideration of complete street design. (a) For all state,\ncounty and local transportation projects that are undertaken by the\ndepartment or receive both federal and state funding and are subject to\ndepartment of transportation oversight, the department or agency with\njurisdiction over such projects shall consider the convenient access and\nmobility on the road network by all users of all ages, including\nmotorists, pedestrians, bicyclists, and public transportation users\nthrough the use of complete street design features in the planning,\ndesign, construction, reconstruction and rehabilitation, but not\nincluding resurfacing, maintenance, or pavement recycling of such\nprojects.\n (b) Complete street design features are roadway design features that\naccommodate and facilitate convenient access and mobility by all users,\nincluding current and projected users, particularly pedestrians,\nbicyclists and individuals of all ages and abilities. These features may\ninclude, but need not be limited to: sidewalks, paved shoulders suitable\nfor use by bicyclists, lane striping, bicycle lanes, share the road\nsignage, crosswalks, road diets, pedestrian control signalization, bus\npull outs, curb cuts, raised crosswalks and ramps and traffic calming\nmeasures; and recognize that the needs of users of the road network vary\naccording to a rural, urban and suburban context.\n (c) This section shall not apply if it has been determined and set\nforth in publicly available documents that one of the following exists:\n (i) use by bicyclists and pedestrians is prohibited by law, such as\nwithin interstate highway corridors; or\n (ii) the cost would be disproportionate to the need as determined by\nfactors including, but not limited to, the following: land use context;\ncurrent and projected traffic volumes; and population density; or\n (iii) demonstrated lack of need as determined by factors, including,\nbut not limited to, land use, current and projected traffic volumes,\nincluding population density, or demonstrates lack of community support;\nor\n (iv) use of the design features would have an adverse impact on, or be\ncontrary to, public safety.\n (d) Nothing in this section shall be construed to require the\ndepartment or agency with jurisdiction over a project to expend monies\nin accordance with subdivision (a) of this section that exceed the\namount of state and federal funding for complete street design features.\n