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Memorandum - Caaritication of r ri W A's Uversigrit hole m Accessibility - Uttice of t/ivit... rage L of 5
<br />and metropolitan planning processes, provide for the development and integrated management and operation of
<br />accessible transportation systems and facilities.
<br />Additionally, State DOTs and Metropolitan Planning Organizations (MPOs) must certify (at least biennially for
<br />State DOTS and annually for MPOs) that the transportation planning process is being carried out or conducted in
<br />accordance with all FHWA, Federal Transit Administration and other applicable Federal statutory and regulatory
<br />requirements [see 23 CFR 450.220 and 23 CFR 450.334, respectively]. Further, 23 CFR 450.316(b)(3) requires
<br />the metropolitan planning process to identify actions necessary to comply with the ADA and Section 504.
<br />Transition Plans
<br />The ADA and Section 504 require State and local governments with 50 or more employees to perform aself-
<br />evaluation of their current services, policies, and practices that do not or may not meet ADA requirements. The
<br />public agency must develop a Transition Plan addressing these deficiencies. This plan assesses the needs of
<br />persons with disabilities, and then schedules the required pedestrian accessibility upgrades. The Transition Plan
<br />is to be updated periodically, with its needs reflected in the processes utilized by State DOTs, MPOs, and transit
<br />agencies to develop the Statewide Transportation Improvement Programs and metropolitan Transportation
<br />Improvement Programs.
<br />Projects
<br />Public agencies should work to meet accessibility requirements throughout the project delivery process. Issues
<br />surrounding pedestrian accessibility should be addressed at the earliest stage possible to reduce or prevent
<br />conflicts with other right-of-way, planning, environmental, and design considerations. This could include the
<br />acquisition of right-of-way and use of special plan details for specific locations to remove barriers. Projects
<br />requiring pedestrian accessibility include projects for new construction and projects altering existing street and
<br />highway facilities.
<br />New Construction
<br />All projects for new construction that provide pedestrian facilities must incorporate accessible pedestrian features
<br />to the extent technically feasible, without regard to cost. The development process should ensure accessibility
<br />requirements are incorporated in the project.
<br />Alterations
<br />Alterations shall incorporate accessibility improvements to existing pedestrian facilities to the extent that those
<br />improvements are in the scope of the project and are technically feasible, without regard to cost. Projects altering
<br />the usability of the roadway must incorporate accessible pedestrian improvements at the same time as the
<br />alterations to the roadway occur. See Kinney v. Yerusalim, 9 F.3d 1067 (3d Cir. 1993), cert. denied, 511 U.S.C.
<br />1033 (1994). Alterations are changes to a facility in the public right-of-way that affect or could affect access,
<br />circulation, or use by persons with disabilities.
<br />The FHWA has determined that alterations are projects that could affect the structure, grade, function, and use of
<br />the roadway. Alteration projects include reconstruction, major rehabilitation, structural resurfacing, widening,
<br />signal installation, pedestrian signal installation, and projects of similar scale and effect.
<br />Maintenance
<br />Maintenance activities are not considered alterations. Therefore, maintenance projects do not require
<br />simultaneous improvements to pedestrian accessibility under the ADA and Section 504. The U.S. Department of
<br />Justice (DOJ) and the courts consider maintenance activities to include filling potholes. The FHWA has
<br />determined that maintenance activities include actions that are intended to preserve the system, retard future
<br />deterioration, and maintain the functional condition of the roadway without increasing the structural capacity.
<br />Maintenance activities include, but are not limited to, thin surface overlays (nonstructural), joint repair, pavement
<br />patching (filling potholes), shoulder repair, signing, striping, minor signal upgrades, and repairs to drainage
<br />systems.
<br />As part of maintenance operations, public agencies' standards and practices must ensure that the day-to-day
<br />operations keep the path of travel open and usable for persons with disabilities, throughout the year. This includes
<br />snow and debris removal, maintenance of pedestrian traffic in work zones, and correction of other disruptions.
<br />Identified accessibility needs should be noted and incorporated into the transition plan.
<br />Accessibility Design Criteria for Sidewalks, Street Crossings, and Trails
<br />http://www. fhwa.dot. gov/civilrights/ada_memo_clarificationa.htm 11 /28/2007
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