1. Streets, Sidewalks & Everything in Between Part 1 – Background Part 2 – Public Rights of Way Part 3 – Shared Use Paths & Trails Dean Perkins, RA - ADA Coordinator, Florida DOT With input from: Irene Bowen, JD - President, ADA One Jack Catlin, FAIA - Partner, LCM Architects Engineering Tech Academy – Tampa, FLOctober 11, 2011 ADA & Public Rights of Way

2. Streets, Sidewalks & Everything In Between How to ensure pedestrian facilities within your public rights of way are “accessible to and useable by” persons with disabilities. In this Session, we will review: ◦ Laws, Regulations, Standards & Guidelines ◦ Pedestrian Access Routes ◦ Crossings, Curb Ramps & Detectable Warnings ◦ Street Furniture, Bus Stops & On-Street Parking ◦ Maintenance and Alternate Routes ◦ Outdoor developed areas: trails & shared use paths

3. Laws & Regulations Civil Rights Act of 1964 Rehabilitation Act of 1973 ◦ Section 504 ◦ And ‘Restoration Act of 1987’ Americans with Disabilities Act of 1990 ◦ And ‘Amendments Act of 2008’ ADA Regulations for Titles II & III ◦ 1991 and 2010

4. Standards & Guidelines ADA Standards for Accessible Design ◦ 1991/1994 & 2010 ADA Standards for Transportation Facilities ◦ 2006 Guidelines for Accessible Public Rights of Way (PROWAG) ◦ NPRM – public comments -> 11/23/11 ◦ www.access-board.gov/prowac/nprm.htm#impacts ◦ Adoption in 2012?

5. Rights (of way) not on sites

6. New construction and alterations Title II regulations: 28 CFR 35.151(i) (unchanged from 1991) In new construction and alterations, ◦ Streets/roads must have curb ramps (or similar) at any intersection with barriers to entry from street level walkway ◦ Street level pedestrian walkways must contain curb ramps (or similar) at intersections to streets/roads. 6

7. Program access (existing facilities) Transition plan (required if more than 50 employees) shall include schedule for providing curb ramps or other sloped areas ◦ Priority to walkways serving  Government offices and facilities  Transportation  Places of public accommodations  Employers 28 CFR 35.150(d)(2) 7

8. Most courts: curb cuts and sidewalks are a program, service, or activity Examples ◦ 9 th Circuit, Barden v. City of Sacramento, 2002 (Supreme Court didn’t hear, settled) ◦ 6 th Circuit, Johnson v. City of Saline, 1998 8

9. Houston (well, Arlington, Texas), we have a problem Residents of Arlington, Texas, sued to make curbs, sidewalks, and parking lots accessible. 9

10. Frame v. City of Arlington August 23, 2010, decision of 5 th Circuit Sidewalks, curb cuts, parking lots aren’t “services.” They’re “facilities.” Individuals can’t sue for modifications to these when they don’t prevent access to a title II service, program, or activity. 10

11. Frame v. City of Arlington Rehearing granted January 26, 2011 Briefs filed May 2011 DOJ brief: A City’s provision and maintenance of sidewalks, curbs, and parking lots qualify as “services, programs, or activities” under title II. http://www.justice.gov/crt/about/app/brief s/framesuppbrief.pdf Decision pending 11

12. Avoid complaints and litigation Examples of settlements: ◦ Hawaii ◦ California ◦ Los Angeles: final approval hearing scheduled for October 20, 2011 bss.lacity.org/AccessRampsCla ssActionPublicNotice.pdf Pending litigation over San Francisco’s plan www.sfgov2.org/ftp/uploadedfile s/mod/RampSidewalk08.pdf www.flickr.com/photos/ubrayj0 2/3255529322/

13. DOJ Resources Tool Kit for State and Local Gov’ts www.ada.gov/pcatoolkit/toolkitmain.htm See Chapter 6 ◦ Chapter 6, Curb Ramps and Pedestrian Crossings ◦ Check list (addendum) ◦ Survey instructions (appendix) ◦ Survey Form (appendix) 13

14. New construction and alterations: FHWA resources Federal Highway Administration implements and enforces the federal requirements for public right-of-way, for those receiving federal funds. Resources on web site ◦ Questions and Answers About ADA/ Section 504, www.fhwa.dot.gov/civilrights/programs/ ada_sect504qa.htm 14

15. More FHWA resources A memorandum describing FHWA’s oversight role on federal accessibility requirements www.fhwa.dot.gov/civilrights/memos/ada_memo_clar ificationa.htm FHWA’s notice adopting the Access Board’s draft accessibility guidelines for the public right-of-way as currently recommended best practices www.fhwa.dot.gov/environment/bikeped/prwaa.htm FHWA’s memorandum on detectable warnings www.fhwa.dot.gov/environment/bikeped/dwm.htm 15

16. Questions?

17. Public Rights of Way Access Board published proposed guidelines for public rights of way on July 26, 2011 www.access-board.gov/prowac/index.htm Proposal addresses sidewalks, curb cuts, street crossings, on-street parking, other elements not on a “site” Comments due November 23, 2011 17

18. Pedestrian Access Route (PAR) R204 & R301 PROW equivalent to “accessible route” for sites & facilities Within the pedestrian circulation path ◦ Sidewalks, crossings, courtyards, etc. 48” clear width minimum ◦ No reduction in width ◦ Exceptions for ROW limitations 2% cross-slope May follow general grade of roadway “Supported slopes” must meet 305.5 ◦ Ramps: slopes, landings, handrails, etc.

19. Sidewalk grade – ADAAG vs. PROWAG ADAAG – 403.3 & 405.2: Provide accessible route PROWAG – R301.4.2: Match roadway grade ADAAG PROWAG Pedestrian Access Route

20. R301.3.1 Continuous Width The minimum continuous and unobstructed clear width of a pedestrian access route shall be 4 ft, exclusive of the width of the curb Measure from back of curb! 4’

21. The Sidewalk ‘Zone’ System Curb Zone Furniture Zone Pedestrian Zone (PAR) Frontage Zone

22. Curb Zone FurnitureZone PedestrianZone Frontage Zone Zone System: Residential

23. StreetParking Curb Zone FurnitureZone Pedestrian Zone (PAR) Frontage Zone Zone System: Commercial

24. Street Furniture goes in the “Furniture Zone” Benches Public Telephones Drinking Fountains Parking Meters Bus Shelters Bike Racks (duh!)

25. Furniture Zone Randomly arranged street furniture clutters sidewalk… Creates an ‘obstacle course’ Carefully arranged street furniture leaves sidewalk clear

26. A Cross Slope Solution 2% Change of Material/Texture

27. Curb Ramps R207 & R303 Detectable Warning

28. Curb Ramp Conundrum Curbs are a cue for pedestrians who are blind or have low vision Curbs are a barrier for persons in wheelchairs Curb ramps remove the barrier for wheelchairs Detectable warnings are a “replacement” cue to indicate location of the street

29. Ramp Grade R303.2 Maximum grade – 8.3% Least slope possible is preferred Recommended maximum grade to allow for construction tolerance – 7.1% When “chasing grade,” ramp length need not exceed 15’, but slope must be uniform 7.1% desirable 8.3% max

30. Change of Grade (Counterslope) R303.3.5 PROWAG allows 8.3% ramp and 5% grade at the adjacent street = 13.3% Recommendation: ◦ 11% maximum ◦ Provide 2’ level area if greater than 11% 8.33% MAX Algebraic Difference Greater than 13% Not Permitted 5% MAX 8.33% MAX 5% MAX Provide 24” Level Strip if Algebraic Difference Exceeds 11% 24”

31. Change of Grade Without the flat area, a wheelchair can get stuck at the bottom of the ramp or flip forward or backward

32. Detectable Warnings R221 & R304 “Truncated Domes” in aligned pattern Required where curb ramps, blended transitions or landings provide a flush pedestrian connection to the street. Not required at residential driveways Recommended at commercial driveways with traffic control devices or which operate like public streets ◦ Signals, stop signs, yield signs, etc.

33. Detectable Warnings Truncated Domes ◦ Aligned pattern Color/contrast with surrounding materials ◦ Light-on-dark ◦ Dark-on-light  Black, Brown,  Brick-red, Green,  Safety yellow, etc. ◦ Not Blue!

34. Perpendicular Curb Ramps R304.2.1 24” Place DWs at back of curb or at grade break

35. Directional/Linear Ramps R304.2.1 Equal to or less than 5 feet setback from bottom of curb ramp... ◦ Place DW at grade break if level landing at bottom of ramp is 5’ deep or less ≤ 5’

36. > 5’ Directional/Linear Ramps R304.2.1 Greater than 5 feet setback... Place DW on bottom landing if landing is more than 5’ deep at any point

37. Parallel Ramps R303.2.2 24” LANDING

38. Blended Transitions R304.2.2

39. Pedestrian Crossings R305 Curb ramp must be “wholly within” markings Slope = cross-slope of roadway Cross Slope: ‘STOP’-controlled – 2% max. Non - ‘STOP’-controlled – 5% max. i.e., signal or no control Mid-block – match grade of roadway

40. Accessible Pedestrian Signals (APS) R208 & R306 Provide pedestrian signal information in usable formats, both audible and vibrotactile Information in redundant format benefits all pedestrians Increase the efficiency of pedestrian timing (research shows reduction in vehicle delay)

41. Accessible Pedestrian Signals Key features: ◦ Speakers at the pushbutton ◦ Pushbutton locator tone ◦ Tactile arrow ◦ Audible and vibrotactile walk indications ◦ Automatic volume adjustment Speaker

42. Speakers Tactile Arrows

43. Pushbutton Locations 2009 MUTCD NOTE: If APSs cannot be placed at least 10 apart, they must ‘speak’ to you. It must be clear which button controls which crossing. (per MUTCD)

44. APS Location Appropriate placement of APSs Not so appropriate placement of APSs

45. Bus Stops When siting a new bus stop… ◦ Must be on accessible route  48” min. (PROWAG)  60” recommended  This may be sidewalk or paved shoulder ◦ Must have accessible approach to bus stop  48” min. width – 60” recommended  Leads to / part of boarding & alighting area  Meets running slope/cross slope criteria  Firm, stable & slip-resistant ◦ Must consider potential installation of boarding and alighting area & other features

46. Bus Stops If provided – Boarding & Alighting area: ◦ Place for bus lift/ramp to deploy ◦ “Firm, stable and slip-resistant” surface (ADAS & PROWAG) ◦ “Firm and stable” surface (ADASTF) ◦ Must connect to streets, sidewalks, etc  Sidewalk, curb ramps, etc. ◦ 5’ min. width – parallel to roadway ◦ 8’ min. depth – perpendicular to roadway NOTE: If low-floor, ramp-equipped bus is used, the B&A area should be raised (curb height). 5’ x 8’ B&A area 8’ min. 5’ min.

47. Bus Stops If provided – bus bench: ◦ Must be on accessible route ◦ Must not block accessible route  48” min. clearance – 60” recommended ◦ Must have maneuvering space adjacent to bench  30” x 48” min.  Allow shoulder-to-shoulder seating for companion ◦ Allow transfer to bench (if desired)  Seat length: 42” min.  Seat height: 17”-19”  Seat back: 2”-18” above seat  Armrest recommended

48. Bus Stops If provided – bus shelter: ◦ Must be on accessible route ◦ May not block accessible route  48” min. clearance ◦ 30” x 48” min. clear floor area within shelter ◦ 48” min. approach to clear floor area ◦ 48” min. approach to boarding & alighting area

49. Primary Issues: ◦ Flush shoulder – No curb/gutter ◦ Shoulder is sloped away from the roadway ◦ Most ‘kneeling’ buses are designed to deploy front ramps on 6” curbs  1:6 slope allowed on ramp deployed on curb (ADAAGBV*) ◦ Use on flush shoulder causes ramp to be too steep for safe use. * ADAAGBV = ADA Accessibility Guidelines for Buses and Vans Rural bus stops

51. Accessible Parking Spaces R216 & R308 Accessible on-street parking space per block perimeter – approx. 4% of total ◦ Table R216 Parking spaces are best located where the street has the least crown & grade and close to key destinations (i.e., near crosswalks)

52. Parallel Parking Spac es R308.2.1 Where the width of the adjacent walkway exceeds 14 ft, a 5’ wide access aisle shall be provided at street level the full length of the parking space and shall connect to a pedestrian access route serving the space. >14 ft Min 5 ft

53. Parallel Parking Spaces R308.2.2 An access aisle is not required where the width of the adjacent walkway is less than or equal to 14 ft. When an access aisle is not provided, the parking space shall be located at either end of the block face. ≤ 14 ft Access aisle not required

54. Maintenance of PAR 28 CFR 35.133 Title II of the ADA requires public entities to maintain equipment and features of facilities that are required to provide ready access to individuals with disabilities

55. Potential Solutions Sidewalk Grinding Flexible Pavements Joint Materials

56. Alternate Pedestrian Routes R302 Alternate Pedestrian Access Routes are required to the maximum extent feasible when an existing pedestrian access route is blocked by construction, alteration, maintenance, or other temporary condition.

57. Alternate Circulation Path / Pedestrian Access Route R302 specifies that the alternate circulation path shall be: ◦ Provided on the same side of the street as the disrupted route, to the maximum extent feasible ◦ Where exposed to adjacent construction, traffic or other hazards, shall be protected with a pedestrian barricade or channelization device  Continuous, stable, non-flexible  Consist of features identified in the MUTCD Chapter 6F Plastic tape is not acceptable!!!

58. Pedestrian Access Routes - Features Include: ◦ Sidewalks ◦ Shared Use Paths ◦ Crosswalks ◦ Pedestrian Signals ◦ Access to Transit Stops and Shelters ◦ Etc.

59. Construction Work Zones Unfortunately, too many bad examples…

60. Temporary Barricades: Detectable Edging & Channelizing Devices Detectable edge @ 4” Railing @ 36”

61. Very good! Measure before you build (Identity withheld)

62. Questions?

63. Outdoor areas AGODA (Accessibility Guidelines for Outdoor Developed Areas) Draft guidelines published October 2009 Once final, would be adopted and followed by federal agencies Access Board would start considering same topic for state/local governments, public accommodations Access Board starting guidelines on shared use paths 63

64. Background On June of 2007 the Access Board issued an NPRM, pursuant to the Architectural Barriers Act (ABA), to establish accessibility guidelines for outdoor developed areas. Currently applies to Federal Land Management Agencies - National Park Service - U.S. Forest Service - Fish and Wildlife Service, Etc. Trails

65. Trails Definition: A pedestrian route developed primarily for outdoor recreational purposes ” (A pedestrian route developed primarily to connect elements, spaces, or facilities within a site is not a trail)

66. Trails – New Construction 1017.2 Surface. The surface of trails and their related passing spaces and resting intervals shall be firm and stable.

67. Trails – New Construction 1017.3 Clear Tread Width. The clear tread width of trails shall be 36 inches (915 mm) minimum.

68. Trails – New Construction 1017.5 Obstacles. Tread obstacles on trails and their related passing spaces and resting intervals shall comply with 1017.5. 1017.5.1 Concrete, Asphalt, or Boards. Where the surface is concrete, asphalt, or boards, tread obstacles shall not exceed ½ inch (13 mm) in height measured vertically to the highest point. 1017.5.2 Other Surfaces. Where the surface is other than specified in 1017.4.1, tread obstacles shall not exceed 2 inches (50 mm) in height measured vertically to the highest point.

69. Trails – New Construction 1017.7 Slopes. The slopes of trails shall comply with 1017.7. 1017.7.1 Running Slope. No more than 30 percent of the total length of a trail shall have a running slope steeper than 1:12. The running slope of any segment of a trail shall not be steeper than 1:8.

70. Trails – New Construction

71. 1017.9 Protruding Objects. Constructed elements on trails and their related resting intervals and passing spaces shall comply with 307.

72. Trails – New Construction 1017.10 Gates and Barriers. Where gates or barriers are constructed to control access to trails, gates and barriers shall comply with 1017.10.

73. Conditions for Exceptions Compliance is not feasible due to terrain. Compliance cannot be accomplished with the prevailing construction practices. Compliance would fundamentally alter the function or purpose of the facility or the setting. Compliance is precluded by the: ◦ Endangered Species Act (16 U.S.C. §§ 1531 et seq.); ◦ National Environmental Policy Act (42 U.S.C. §§ 4321 et seq.); ◦ National Historic Preservation Act (16 U.S.C. §§ 470 et seq.); ◦ Wilderness Act (16 U.S.C. §§ 1131 et seq.); or ◦ Other Federal, State, or local law the purpose of which is to preserve threatened or endangered species; the environment; or archaeological, cultural, historical, or other significant natural features

74. Definition: A shared use path is a multi-use path designed for both transportation and recreation purposes. Shared Use Paths

75. Definition: Shared use paths typically are separated from motorized vehicular traffic by an open space or barrier, either within a highway right-of-way or within an independent right-of-way. Shared Use Paths

76. Shared use paths are a type of trail designed to be part of a transportation system, providing off-road routes for a variety of users. The primary users of shared use paths are bicyclists and pedestrians, including pedestrians using mobility devices such as manual or motorized wheelchairs. Shared Use Paths

77. Resources U.S. Access Board www.access–board.gov www.access-board.gov/outdoor/index.htm www.access-board.gov/sup/anprm.htm Department of Justice www.ada.gov U. S. Forest Service www.fs.fed.us/recreation/programs/accessibility/

78. Thank You! Danke Schön ! Arigato! Shokran! Xie Xie! Gracias! Dhanya Vaad! Merci! Live long and prosper! Dean Perkins, RA, ADA Coordinator, FDOT