Vermont § 2403 - Projects not incorporating complete streets principles

§ 2403. Projects not incorporating complete streets principles

• (a) State projects. A State-managed project shall incorporate complete streets principles unless the
  project manager makes a written determination, supported by documentation, 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 including land use, current and projected
  user volumes, population density, crash data, historic and natural resource constraints,
  and maintenance requirements. The Agency shall consult local and regional plans, as
  appropriate, in assessing these and any other relevant factors. If the project manager
  bases the written determination required under this subsection in whole or in part
  on this subdivision then the project manager shall provide a supplemental written
  determination with specific details on costs, needs, and probable uses, as applicable.
  The supplemental written determination shall also address any design elements that
  were desired by the municipality or specifically identified in the regional plan pursuant
  to subdivision 2402(b)(4) of this chapter but were not incorporated. (3) Incorporating complete streets principles is outside the limited scope of a project
  as defined in the latest version of the Agency’s Complete Streets Guidance. (b) Municipal projects. A municipally managed project shall incorporate complete streets principles unless
  the municipality managing the project makes a written determination, supported by
  documentation, 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. If the municipality
  managing the project bases the written determination required under this subsection
  in whole or in part on this subdivision then the project manager shall provide a supplemental
  written determination with specific details on costs, needs, and probable uses, as
  applicable. The supplemental written determination shall also address any design elements
  that were desired by the municipality or specifically identified in the regional plan
  pursuant to subdivision 2402(b)(4) of this chapter but were not incorporated. (3) Incorporating complete streets principles is outside the limited scope of a project
  as defined in the latest version of the Agency’s Complete Streets Guidance. (c) Finality of determinations. The written determinations required by subsections (a) and (b) of this section shall
  be final and shall not be subject to appeal or further review. (d) Posting and availability of determinations. The written determinations required by subsections (a) and (b) of this section shall
  be posted to a web page on the Agency of Transportation’s website dedicated to complete
  streets, in the case of a State-managed project, and made available for public inspection
  at the office of the municipal clerk, in the case of a municipally managed project. (Added 2023, No. 62, § 35, eff. July 1, 2023; amended 2023, No. 148 (Adj. Sess.), § 32, eff. July 1, 2024.)