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That the City Manager is requested to report back to the City Council on whether change in language to the CSO is necessary to enable installation of permanent, seasonal, and/or temporary outdoor dining and pop-ups alongside separated bicycle lanes consistent with Cycling Safety Ordinance that address concerns about the current situation. CHARTER RIGHT EXERCISED BY COUNCILLOR MCGOVERN IN COUNCIL AUGUST 7, 2023

POR 2023 #147·Council meeting Aug 7, 2023·6 pages·📄 Original PDF (city portal)
Chapter 12.22 Cycling Safety Ordinance Section 12.22.010 Short Title This Chapter may be cited as the "Cycling Safety Ordinance" of the City of Cambridge. Section 12.22.020 Purpose This Chapter seeks eliminate fatalities and injuries on City streets in accordance with the City's Vision Zero and transportation mode-shift goals through safety improvements and the construction of a connected network of permanent separated bicycle lanes across the City. The benefits of this Chapter are intended to flow to all roadway users. For every project undertaken pursuant to this Chapter’s requirements, the City is committed to a design that best achieves the City’s Vision Zero and mode-shift goals, recognizing, in particular, that this will require improving efficiency and reliability for bus users and safety for pedestrians. Section 12.22.030 Definitions A. “Adequate Directionality” shall mean (1) a two-way street with a separated bicycle lane or lanes that allow bicycle travel in both directions, or (2) a one-way street with a separated bicycle lane or lanes that allow bicycle travel either in the direction of the flow of vehicular traffic or in both directions. B. Bicycle Lane Miles” shall mean the combined distance of Separated Bicycle Facilities. A two way facility or one-way facilities in both directions on a one-mile street segment shall count for two Bicycle Lane Miles. A one-way facility on a one-mile one-way street segment shall count for one Bicycle Lane Mile. If a gap in a Separated Bicycle Facility of any distance occurs for any reason other than those specified in the definition of the particular Separated Bicycle Facility, the distance of the gap shall not be counted toward Bicycle Lane Miles. C. “Cambridge Bicycle Plan” shall mean the plan adopted by the City of Cambridge in October 2015 to create a framework for developing a network of complete streets, and which is entitled “Cambridge Bicycle Plan: Toward a Bikeable Future”. D. “Connectivity” shall mean the provision of a Permanent Separated Bicycle Lane system that reflects desired routes between all major origins and destinations in the City. E. “Five-Year Sidewalk and Street Reconstruction Plan” shall mean the City’s Department of Public Works’ five-year work plan of May 1, 2018, as it may be amended from time to time. F. “Improvements” shall mean the construction of new City-owned streets, or the reconstruction of an existing City-owned street, including but not limited to full depth reconstruction, expansion, and/or alteration of a roadway or intersection. Improvements shall not include routine maintenance, repairs, restriping of the road surface, or emergency repairs to the surface of a roadway (collectively “Maintenance”), provided that existing bicycle lanes will be restored to existing conditions or better. G. “Permanent Separated Bicycle Lane” shall mean a bicycle lane separated from motor vehicle traffic by a permanent vertical barrier that shall remain in place year-round, including but not limited to granite or concrete barriers and raised curbs, provided, however, that the bicycle lane need not be separated from motor vehicle traffic by a permanent vertical barrier for short stretches to accommodate crosswalks, curb cuts, accessible parking and accessible loading, intersections, and Public Transportation, and provided further, that existing bicycle lanes may be temporarily removed during construction of Improvements or Maintenance, so long as they are
restored to existing conditions or better. H. “Public Transportation” shall mean bus and shuttle stops for the Massachusetts Bay Transportation Authority (MBTA), Charles River TMA, the Medical Academic and Scientific Community Organization (MASCO), and college and university bus and shuttle stops that exist prior to May 1, 2020. If the City Manager determines it is appropriate to add a particular bus or shuttle provider to the definition of Public Transportation, any such bus or shuttle provider may be added to this definition upon the approval of the City Council. I. “Quick-Build Separated Bicycle Lane” shall mean a bicycle lane separated from motor vehicle traffic by flexible delineator posts, or a similar separator, that shall remain in place year-round, provided, however, that the bicycle lane need not be separated from motor vehicle traffic for short stretches to accommodate crosswalks, curb cuts, accessible parking and accessible loading, intersections, and Public Transportation, and provided further, that existing bicycle lanes may be temporarily removed during construction of Improvements or Maintenance, so long as they are restored to existing conditions or better. J. “Separated Bicycle Facilities” shall mean either a Permanent Separated Bicycle Lane, a Quick-Build Separated Bicycle Lane, or a Temporary Traffic Control Device Separated Bicycle Lane, provided that any such Temporary Traffic Control Device Separated Bicycle Lane is not removed at any time except during significant snow events and is converted to a Permanent Separated Bicycle Lane or a Quick-Build Separated Bicycle Lane by no later than the applicable deadline for the completion of Separated Bicycle Facilities along the street segment on which the Temporary Traffic Control Device Separated Bicycle Lane is constructed. K. “Separated Network” shall mean the proposed set of bicycle facilities identified in the Cambridge Bicycle Plan (Figure 5.14), or any plan superseding it, provided, however, that any such plan shall maintain Connectivity. L. “Temporary Traffic Control Device Separated Bicycle Lane” shall mean a bicycle lane with painted lines separated from motor vehicle traffic by traffic cones, traffic barrels, non-permanent flex posts, or a similar bicycle lane separator, that shall remain in place year-round except during significant snow events, but shall be reinstalled as quickly as is feasible following significant snow events, provided, however, that the Temporary Traffic Control Device Separated Bicycle Lane need not be separated from motor vehicle traffic for short stretches to accommodate crosswalks, curb cuts, accessible parking and accessible loading, intersections, and Public Transportation, and provided further, that existing bicycle lanes may be temporarily removed during construction of Improvements or Maintenance, so long as they are restored to existing conditions or better. M. “Buffer Protected Bike Lane” shall mean a bicycle lane paired with a designated buffer space separating the bicycle lane from the parking lane and/or adjacent motor vehicle travel lane. Buffer Protected Bike Lanes shall be considered as part of Separated Bicycle Facilities and the Separated Newtwok when implemented as part of the Separated Network. Use of the Buffer Protected Bike Lane will be counted towards Bicycle Lane Miles when implemented as part of the Separated Network. Section 12.22.040 Requirements A. Whenever Improvements are made to a City-owned street under the Five-Year Sidewalk and Street Reconstruction Plan, the City Manager shall cause such Improvements to comply with
the Cambridge Bicycle Plan, or any plan superseding it; provided, that if Improvements are made to a segment of the Separated Network, a Permanent Separated Bicycle Lane with Adequate Directionality shall be installed along that segment. B. Full compliance with the provisions of Subsection A above is not required where the City Manager can demonstrate through a written alternatives analysis, to be made public, why it is impractical to comply with the provisions of Subsection A above, and where there will be a loss of Connectivity if the provisions of Subsection A are not complied with, how Connectivity could be otherwise advanced, if possible. Full compliance with the provisions of Subsection A above will be considered impracticable only in those rare circumstances where the City Manager determines that the characteristics of the physical features or usage of a street, or financial constraints of full compliance prevent the incorporation of a Permanent Separated Bicycle Lane with Adequate Directionality. C. By no later than May 1, 2026, the City Manager shall complete the installation of 22.6 Bicycle Lane Miles of Separated Bicycle Facilities; provided however, that all such Separated Bicycle Facilities shall be installed on streets in either the Separated Network or be installed along: (a) Broadway from Quincy Street to Hampshire Street, or (b) Garden Street from Huron Avenue to Berkeley Street, eastbound, and Garden Street from Mason Street to Huron Avenue, westbound. If any of the Separated Bicycle Facilities are proposed to be Permanent Separated Bicycle Lanes, the requirements of this Subsection C shall be satisfied so long as the construction of such Separated Bicycle Facilities has commenced prior to the deadline established by this Subsection C. The City Manager shall have the discretion to extend the deadline set out in this Subsection C by no more than one year if the City Manager deems it infeasible to meet the deadline, provided, however that the City Manager shall submit to the City Council a report detailing why the extension was necessary by no later than May 1, 2025. D. By no later than May 1, 2022, the City Manager shall complete the installation of continuous Separated Bicycle Facilities with Adequate Directionality along Massachusetts Avenue between Memorial Drive and Alewife Brook Parkway excepting: (a) Massachusetts Avenue between Plympton Street and Dunster Street; (b) Massachusetts Avenue/Peabody Street northbound from Church Street to Garden Street; (c) Massachusetts Avenue between Waterhouse Street and Roseland Street; and (d) Massachusetts Avenue between Beech Street and Dudley Street. If any of the Separated Bicycle Facilities installed along Massachusetts Avenue other than (a), (b), (c) and (d) are proposed to be Permanent Separated Bicycle Lanes, the requirements of this Subsection D shall be satisfied so long as the construction of such Separated Bicycle Facilities has commenced prior to the deadline established by this Subsection D, provided, however, that if Permanent Separated Bicycle Lanes are to be installed along Massachusetts Avenue from Sydney Street to Inman Street, the requirements of this Subsection D shall be satisfied so long as the design of such Permanent Separated Bicycle Lanes has commenced prior to January 1, 2023 and the construction of such Permanent Separated Bicycle Lanes has commenced prior to December 31, 2025. E. By no later than May 1, 2021, the City Manager shall submit to the City Council a block- byblock
analysis determining the impacts of installing Temporary Traffic Control Device Separated Bicycle Lanes and or Quick-Build Separated Bicycle Lanes on: (a) Massachusetts Avenue between Plympton Street and Dunster Street; (b) Massachusetts Avenue / Peabody Street northbound from Church Street to Garden Street; (c) Massachusetts Avenue between Waterhouse Street and Roseland Street; and (d) Massachusetts Avenue between Beech Street and Dudley Street. If, after a review of the analysis, the City Manager determines that Temporary Traffic Control Device Separated Bicycle Lanes and or Quick-Build Separated Bicycle Lanes, whether of Adequate Directionality or not, should be installed on any analyzed block, the City Manager shall cause their installation by May 1, 2023. Some impacts to motor vehicle traffic flow and some parking/loading loss shall not result in a determination that Temporary Traffic Control Device Separated Bicycle Lanes and or Quick-Build Separated Bicycle Lanes cannot be installed. Any such installation shall not count toward the 22.6 Bicycle Lane Miles requirement set forth in Subsection C, provided, however, that the installation of at least 1.25 Bicycle Lane Miles of Quick-Build Separated Bicycle Lanes along segments (c) and (d) shall result in a one year extension of the deadline set out in Subsection C. On any blocks where the City Manager chooses not to install a Quick-Build Separated Bicycle Lane or Temporary Traffic Control Device Separated Bicycle Lane of Adequate Directionality Along (a) Massachusetts Avenue between Plympton Street and Dunster Street; (b) Massachusetts Avenue / Peabody Street northbound from Church Street to Garden Street; (c) Massachusetts Avenue between Waterhouse Street and Roseland Street; or (d) Massachusetts Avenue between Beech Street and Dudley Street, within one year of the City Manager’s submission to the City Council of the analysis of the impacts of installing Temporary Traffic Control Device Separated Bicycle Lanes and or Quick- Build Separated Bicycle Lanes on blocks (a) through (d) above, the City Manager shall obtain the approval of the City Council of a timeline by when Separated Bicycle Facilities of Adequate Directionality shall be installed on those blocks. If the City Manager fails to receive City Council approval of such a timeline for any of those blocks, the City Manager shall cause the installation of Quick-Build Separated Bicycle Lanes with Adequate Directionality on such blocks within three years of the submission of the impacts analysis. F. Any Separated Bicycle Facilities installed along segment (a) of Subsection E, Massachusetts Avenue between Plympton Street and Dunster Street, must also be separated from Public Transportation for the full stretch of that segment. G. By no later than May 1, 2026, the City Manager shall cause the completion of continuous Separated Bicycle Facilities with Adequate Directionality along: (a) Broadway from Quincy Street to Hampshire Street, (b) Cambridge Street from Oak Street to Second Street, (c) Hampshire Street from Amory Street to Broadway, and (d) Garden Street from Huron Avenue to Berkeley Street, eastbound, and Garden Street from Mason Street to Huron Avenue, westbound, provided, however, that the connection from the intersection of Garden Street and Concord Avenue to the segment of Concord Avenue contiguous to Follen Street shall be improved to meet the needs of users of all ages and abilities.
By no later than May 1, 2025, if Separated Bicycle Facilities of Adequate Directionality are yet to be completed along the street segments designated in this Subsection G, the City Manager shall submit a report to the City Council detailing how the outstanding Separated Bicycle Facilities of Adequate Directionality shall be installed within the next year. H. Starting on May 1, 2020, the City Manager shall cause the installation of at least 2.5 Bicycle Lane Miles of the Separated Bicycle Facilities designated in Subsections C, D, E, F, andG every year. If the City Manager causes the installation of more than 2.5 Bicycle Lane Miles of such Separated Bicycle Facilities in a given year, the City Manager can apply the surplus Bicycle Lane Miles toward meeting the requirements of this Subsection H for later years. If the City Manager fails to install 2.5 Bicycle Lane Miles in a particular year and no surplus from a prior year is available to meet the requirements of this Subsection H for that year, then the City Manager may install the deficient Bicycle Lane Miles in the following year; provided, however, that this shall not relieve the City Manager of the duty to meet all other deadlines set out in Subsections C, D, E, F, and G. I. By no later than May 31, 2021, the City Manager shall submit a report to the City Council detailing progress towards meeting the requirements set forth in Subsections C, D, E, F, G, and H. Such report shall include details on the Separated Bicycle Facilities planned for the coming twelve months. Thereafter, a report shall be given to the City Council no later than 12 months from the date of the preceding report. All such reports shall include details on the Separated Bicycle Facilities planned for the coming twelve months. Installation of Separated Bicycle Facilities including the total of Bicycle Lane Miles installed under Subsections C, D, E, F, G and H shall be shown on a publicly accessible website. Such website shall also track exactly where those Bicycle Lane Miles were installed, and the distance of each contiguous segment of Bicycle Lane Miles installed. Such website shall be established by no later than May 31, 2021 and updated twice yearly thereafter. All other reports and updates required by this Ordinance shall also be uploaded to such website. J. Until July 1, 2022, if the City Manager determines that revenue shortfalls due to the coronavirus pandemic make any deadlines contained in subsections C through I financially infeasible to meet, the City Manager may propose to alter said deadlines. For any such proposed alteration to take effect, the City Manager shall prepare a report to the City Council to be made public justifying why such alteration is strictly necessary, and the City Council shall vote to approve the alteration, provided that any such City Council vote must take place by July 1, 2022. K. Until July 1, 2022 if the City Manager determines that unavoidable delays in public outreach activities due to the coronavirus pandemic make the deadline contained in subsection C infeasible to meet, the City Manager may propose to alter said deadline by up to four months. For any such proposed alteration to take effect, the City Manager shall prepare a report to the City Council to be made public justifying why such alteration is strictly necessary, and the City Council shall vote to approve the alteration, provided that any such City Council vote must take place by July 1, 2022. L. The City Manager in consultation with the Commissioner of Traffic and Parking and Transportation may use discretion for implementing a Buffer Protected Bike Lane as part of the Separated Network
when they deem appropriate in order to optimize space adjacent to desirable uses such as pop-ups or outdoor dining.