N.Y. Highway Law § 331: Consideration of complete street design

§ 331. Consideration of complete street design. (a) For all state,

county and local transportation projects that are undertaken by the

department or receive both federal and state funding and are subject to

department of transportation oversight, the department or agency with

jurisdiction over such projects shall consider the convenient access and

mobility on the road network by all users of all ages, including

motorists, pedestrians, bicyclists, and public transportation users

through the use of complete street design features in the planning,

design, construction, reconstruction and rehabilitation, but not

including resurfacing, maintenance, or pavement recycling of such

projects.

(b) Complete street design features are roadway design features that

accommodate and facilitate convenient access and mobility by all users,

including current and projected users, particularly pedestrians,

bicyclists and individuals of all ages and abilities. These features may

include, but need not be limited to: sidewalks, paved shoulders suitable

for use by bicyclists, lane striping, bicycle lanes, share the road

signage, crosswalks, road diets, pedestrian control signalization, bus

pull outs, curb cuts, raised crosswalks and ramps and traffic calming

measures; and recognize that the needs of users of the road network vary

according to a rural, urban and suburban context.

(c) This section shall not apply if it has been determined and set

forth in publicly available documents that one of the following exists:

(i) use by bicyclists and pedestrians is prohibited by law, such as

within interstate highway corridors; or

(ii) the cost would be disproportionate to the need as determined by

factors including, but not limited to, the following: land use context;

current and projected traffic volumes; and population density; or

(iii) demonstrated lack of need as determined by factors, including,

but not limited to, land use, current and projected traffic volumes,

including population density, or demonstrates lack of community support;

or

(iv) use of the design features would have an adverse impact on, or be

contrary to, public safety.

(d) Nothing in this section shall be construed to require the

department or agency with jurisdiction over a project to expend monies

in accordance with subdivision (a) of this section that exceed the

amount of state and federal funding for complete street design features.