§ 309d. Policy for municipally managed transportation projects
(a) Except in the case of projects or project components involving unpaved highways, for all transportation projects and project phases managed by a municipality, including planning, development, construction, or maintenance, it is the policy of this state for municipalities to consider "complete streets" principles, which are principles of safety and accommodation of all transportation system users, regardless of age, ability, or modal preference. If, after the consideration required under this section, a project does not incorporate complete streets principles, the municipality managing the project shall make a written determination, supported by documentation and available for public inspection at the office of the municipal clerk and at the agency of transportation, that one or more of the following circumstances exist:
(1) Use of the transportation facility by pedestrians, bicyclists, or other users is prohibited by law.
(2) The cost of incorporating complete streets principles is disproportionate to the need or probable use as determined by factors such as land use, current and projected user volumes, population density, crash data, historic and natural resource constraints, and maintenance requirements. The municipality shall consult local and regional plans, as appropriate, in assessing these and any other relevant factors.
(3) Incorporating complete streets principles is outside the scope of a project because of its very nature.
(b) The written determination required by subsection (a) of this section shall be final and shall not be subject to appeal or further review. (Added 2011, No. 34, § 3.)