2019 New York Laws
HAY - Highway
Article 11 - Miscellaneous Provisions
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.