Difference between revisions of "Category:642 Pedestrian Facilities"

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MoDOT values the needs of all transportation users, including pedestrians. Safe, convenient and well-designed roadway, transit and pedestrian facilities are essential to Missouri communities.  Pedestrian safety needs to be considered on every MoDOT project, especially when pedestrians are expected in close proximity to roadway traffic.  
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MoDOT values the needs of all transportation users, including pedestrians. Safe, convenient and well-designed facilities are essential when pedestrians are in proximity to roadway traffic. The design and installation of pedestrian facilities is to be considered on all projects beginning at the planning stage. The conceptual study should discuss the conditions listed below and how they apply to the project:
  
Maintenance of vegetation along sidewalk is required by ADA policies and necessary to keep the space open and available to pedestrians.        
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* Pedestrian traffic generators are located near the proposed project (i.e., residential neighborhoods, employment centers, shopping centers, schools, parks, libraries, etc.),
  
On March 15, 2010 the United States Department of Transportation (US DOT) announced a new direction for the country when it released a new Policy Statement on Bicycle and Pedestrian Accommodation.  It states, in part:
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* There is evidence of pedestrian traffic along the proposed project,
  
:“The DOT Policy is to incorporate safe and convenient walking and bicycling facilities into transportation projects. Every Transportation Agency, including DOT, has the responsibility to improve conditions and opportunities to integrate walking and bicycling into their transportation systems.” 
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* The route provides access across a natural or man-made barrier (i.e., bridges over rivers, roadways, railroads or under access-controlled facilities),
  
The Policy Statement goes on to state:
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* The local jurisdiction is implementing a comprehensive pedestrian policy in the area of the proposed project,
  
:“The establishment of well-connected walking and bicycling networks is an important component for livable communities, and their design should be a part of Federal-aid project developments. Walking and bicycling foster safer, more livable, family-friendly communities; promote physical activity and health; and reduce vehicle emissions and fuel use. Legislation and regulations exist that require inclusion of bicycle and pedestrian policies and projects into transportation plans and project development. Accordingly, transportation agencies should plan, fund, and implement improvements to their walking and bicycling networks, including linkages to transit. In addition, DOT encourages transportation agencies to go beyond the minimum requirements, and proactively provide convenient, safe, and context-sensitive facilities that foster increased use by bicyclists and pedestrians of all ages and abilities, and utilize universal design characteristics when appropriate. Transportation programs and facilities should accommodate people of all ages and abilities, including people too young to drive, people who cannot drive, and people who choose not to drive.”
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* There is local support through local planning organizations for the provision of pedestrian facilities,
  
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* The local community supports the incorporation of facilities on a particular project.
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Pedestrian facilities should be a topic of discussion at all public meetings and a special effort is to be made to contact local groups of non-drivers, such as the disabled community, seniors and schools. Communities and affected disability advocate groups need to be included in the planning and design process.  The [http://www.disabilityinfo.mo.gov/ Missouri Governor’s Council on Disability] provides a link to a [http://www.disabilityinfo.mo.gov/directory/directory1.shtml Directory of Resources].  This directory includes a listing of disability groups and advocates that may be contacted for input and can be searched by county.
 
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MoDOT has the responsibility to improve conditions and opportunities for walking and bicycling and to integrate walking and bicycling into its transportation system.  Because of the numerous individual and community benefits that walking and bicycling provide – including health, safety, environmental, transportation and quality of life – transportation agencies like MoDOT are encouraged by US DOT to go beyond the minimum standards to provide safe and convenient facilities for these modes
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Numerous strategies are available to provide improved facilities for pedestrians.  Typical roadway sections (such as [[media:231 4 Lane Major Urban Roadway.pdf|4-lane major urban roadway]],[[media:231 4 Lane Minor Urban Roadway.pdf|4-lane minor urban roadway]] and [[media:231 2 Lane Minor Urban Roadway.pdf|2-lane minor urban roadway]]) provide typical [[642.1 Sidewalk Design Criteria|sidewalk layouts]]. Additional design information can be found in AASHTO's ''Guide For The Planning Design and Operation of Pedestrian Facilities'' and FHWA's [http://www.fhwa.dot.gov/environment/sidewalks/index.htm ''Designing Sidewalks and Trails for Access, Vol I''] and [http://www.fhwa.dot.gov/environment/sidewalk2/index.htm ''Vol II'']. All pedestrian facilities are to be barrier free and and usable by all people to the degree that it is technically feasible. They are to be built to the standards developed by the [http://www.access-board.gov/about.htm United States Access Board]These standards are based on the Americans with Disabilities Act of 1990 (ADA) and provided in the [http://www.access-board.gov/adaag/html/adaag.htm Americans with Disabilities Accessibilities Guidelines (ADAAG)]Although not a legal standard, best practices in public right of way design are discussed more completely in the draft [http://www.access-board.gov/prowac/draft.htm Public Rights of Way Accessibility Guidelinges (PROWAG)]The nonmotorized transportation engineer in [http://wwwi/design/default.htm Design] can provide additional assistance in addressing specific project concerns on a case-by-case basis.   
 
 
The US DOT Policy Statement encourages states, local governments, professional associations, community organizations, public transportation agencies, and other government agencies, to create safe, attractive, sustainable, accessible, and convenient bicycling and walking networks and to:
 
 
 
:* Consider walking and bicycling as equals with other transportation modes:   Walking and bicycling should not be an afterthought in roadway design.
 
 
 
:* Ensure that there are transportation choices for people of all ages and abilities, especially children: Pedestrian and bicycle facilities should meet accessibility requirements and provide safe, convenient, and interconnected transportation networks. For example, children should have safe and convenient options for walking or bicycling to school and parks. People who cannot or prefer not to drive should have safe and efficient transportation choices.
 
 
 
:* Go beyond minimum design standards: Transportation agencies are encouraged, when possible, to avoid designing walking and bicycling facilities to the minimum standards. For example, shared-use paths that have been designed to minimum width requirements will need retrofits as more people use them. It is more effective to plan for increased usage than to retrofit an older facility. Planning projects for the long-term should anticipate likely future demand for bicycling and walking facilities and not preclude the provision of future improvements.
 
 
 
:* Integrating bicycle and pedestrian accommodation on new, rehabilitated, and limited-access bridges: DOT encourages bicycle and pedestrian accommodation on bridge projects including facilities on limited-access bridges with connections to streets or paths.
 
 
 
:* Collect data on walking and biking trips: The best way to improve transportation networks for any mode is to collect and analyze trip data to optimize investments. Walking and bicycling trip data for many communities are lacking. This data gap can be overcome by establishing routine collection of nonmotorized trip information. Communities that routinely collect walking and bicycling data are able to track trends and prioritize investments to ensure the success of new facilities. These data are also valuable in linking walking and bicycling with transit.
 
 
 
:* Setting mode share targets for walking and bicycling and tracking them over time: A byproduct of improved data collection is that communities can establish targets for increasing the percentage of trips made by walking and bicycling.
 
 
 
:* Removing snow from sidewalks and shared-use paths: Current maintenance provisions require pedestrian facilities built with Federal funds to be maintained in the same manner as other roadway assets. State Agencies have generally established levels of service on various routes especially as related to snow and ice events.
 
 
 
:* Improving nonmotorized facilities during maintenance projects: Many transportation agencies spend most of their transportation funding on maintenance rather than on constructing new facilities. Transportation agencies should find ways to make facility improvements for pedestrians and bicyclists during resurfacing and other maintenance projects.
 
 
 
MoDOT understands it is important that safe and convenient accommodations for pedestrians and bicyclists be integrated into our transportation systems. The design of all future federal-aid projects should accommodate people of all ages and abilitiesPlanning for the design and installation of pedestrian facilities is to be considered on all projects beginning at the earliest possible stage.
 
 
 
All MoDOT projects will address existing ADA Transition Plan items within the project limits in an effort to bring them into compliance with ADA Standards and Guidelines to the maximum extent feasible.   The conceptual study report or project scoping memo shall discuss the conditions listed below and explain how the planned project will address the following pedestrian issues:
 
 
 
:* Existing pedestrian facilities and/or pedestrian signal indications within the project limits that do not meet current Americans with Disabilities (ADA) or MUTCD standardsDiscuss what actions will be taken as part of the proposed project to make the areas compliant.  Discuss any non-compliant items that are planned to remain after the project is complete and explain why these areas are not being addressed at this time,  
 
 
 
:* Existing gaps in the pedestrian facilities within the public right-of-way and how the project will address those gaps and provide improved accessibility for pedestrian users.  It is expected that MoDOT will improve pedestrian facilities on all projects it undertakes, including maintenance projects. 
 
 
 
:* Access to pedestrian traffic generators located near the proposed project area (i.e., residential neighborhoods, employment centers, shopping centers, schools, parks, libraries, etc.).  Discuss the planned improvements and how they will provide improved pedestrian connectivity and accessibility, Accessibility for pedestrian traffic along the proposed project area where there is evidence of regular pedestrian activity such as footpaths worn on grass surfaces.  Discuss how the project will provide new pedestrian facilities to meet the demands of the users.  Access across a natural or man-made barrier (i.e., bridges over rivers, roadways, railroads or under access-controlled facilities), Discuss how the project will provide additional pedestrian accessibility on bridge structuresConsiderations made when a local jurisdiction is implementing a comprehensive pedestrian policy in the area of the proposed project,
 
  
:* Incorporation of pedestrian facilities where there is local support through local planning organizations or other organized community support.
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This article also provides guidance for [[642.2 Sidewalk Ramp and Curb Ramp Design Criteria|sidewalk ramps and curb ramps]], [[642.3 Curb Ramp Applications|curb ramp applications]], [[642.4 Pedestrian Grade Separations|pedestrian grade separations]] and the pedestrian aspects involved in [[642.5 Pedestrians and Roundabouts|roundabouts]].
 
 
:* Discuss how the project will accommodate safe pedestrian passage through the Work Zone during construction of the project.  Proper signing packages and detours are required when working within pedestrian areas. 
 
 
 
Pedestrian facilities should be a topic of discussion at all public meetings and a special effort is to be made to contact local groups of non-drivers, such as the disabled community, seniors and schools. Communities and affected disability advocate groups need to be included in the planning and design process. The Missouri Governor’s Council on Disability provides a link to a Directory of Resources. This directory includes a listing of disability groups and advocates that may be contacted for input and can be searched by county.  
 
 
 
Numerous strategies are available to provide improved facilities for pedestrians. Typical roadway sections (such as 4-lane major urban roadway,4-lane minor urban roadway and 2-lane minor urban roadway) provide typical sidewalk layouts. Additional design information can be found at the US Access Board website, www.access-board.gov, the Pedestrian and Bicycle Information Center (PBIC) website, www.walkinginfo.org, or the Federal Highway Administration (FHWA) web site, www.fhwa.dot.gov.
 
 
 
All pedestrian facilities are to be barrier free and usable by all people to the degree that it is technically feasible. Pedestrian facilities are to be planned, designed and built to comply with the standards and guidelines developed by the United States Access Board. Although not a legal standard until approved by the US Department of Justice (DOJ) and the US Department of Transportation (DOT), the current best practices for pedestrian facilities in public right of way are discussed  in the Revised Draft Guidelines for Accessible Public Rights-of-Way (PROWAG 2005) and in the newer Proposed Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way (PROWAG 2011).  
 
 
 
The Non-Motorized Transportation Engineer in Design Division will provide additional assistance in addressing specific pedestrian and bicycling related issues for MoDOT and local program projects.  
 
  
 
==Pedestrian Facilities and the Americans with Disabilities Act==
 
==Pedestrian Facilities and the Americans with Disabilities Act==
 
[[image:642.jpg|right|200px]]
 
[[image:642.jpg|right|200px]]
The Americans with Disabilities Act of 1990 (ADA) is legislation which prohibits discrimination on the basis of disability. Other Federal laws which affect the design, construction, alteration, and operation of facilities include the Architectural Barriers Act of 1968 (ABA), and the Rehabilitation Act of 1973. These laws apply to all federally funded facilities. The ADA applies to facilities, both public (title II) and private (title III), which are not federally funded. Newly constructed and altered facilities covered by titles II and III of the ADA must be readily accessible to and usable by people with disabilities.   
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Pedestrian facilities must be accessible to all people to the maximum extent feasible. This includes all facilities owned or built by MoDOT and those that may be built using federal funds administered by MoDOT.  Title V of the Americans with Disabilities Act of 1990 (ADA) requires the [http://www.access-board.gov/about.htm U.S. Access Board (Access Board)] to issue minimum guidelines for accessible design requirements for facilities. Those guidelines are the [http://www.access-board.gov/adaag/html/adaag.htm American with Disabilities Act Accessibility Guidelines (ADAAG)].  The U.S Department of Justice (DOJ) and the U.S. Department of Transportation (DOT) use the U.S. Access Board’s guidelines (ADAAG) as a basis to establish legally enforcable accessibility standards. Those federal standards are titled [http://www.ada.gov/stdspdf.htm ADA Standards for Accessible Design] and are identical in content to ADAAG Sections 1-10.  The DOJ and the DOT's ''ADA Standards for Accessible Design'' are enforceable under the ADA whereas the U.S. Access Board guidelines are only advisory.
 
 
The Department of Justice (DOJ) has rulemaking authority and enforcement responsibility for Title II, while USDOT is legally obligated to implement compliance procedures relating to transportation, including those for highways, streets, and traffic management. The FHWA Office of Civil Rights oversees the DOT requirements in these areas.
 
 
 
Title V of the Americans with Disabilities Act of 1990 (ADA) requires the U.S. Access Board (Access Board) to issue minimum guidelines for accessible design requirements for facilities. The U.S Department of Justice (DOJ) and the U.S. Department of Transportation (DOT) use the U.S. Access Board’s guidelines as a basis to establish legally enforceable accessibility standards. The latest facility guidelines proposed by the US Access Board and approved by DOJ and DOT were published on September 15, 2010. The 2010 ADA Standards for Accessible Design (2010 ADA) is now a legally enforceable accessibility standard under the ADA. 
 
 
 
Sidewalks, street crossings, and other elements in the public right of way can pose challenges to accessibility.  The DOJ's 2010 ADA Standards for Accessible Design was developed originally for buildings and sites dealing with facilities and does not clearly address all right of way applications. To address this shortcoming, the US Access Board is developing new guidelines for public rights of way that will address the various issues unique to public rights-of-way. The Board’s aim in developing these guidelines is to ensure that access for persons with disabilities is provided wherever a pedestrian way is newly built or altered, and that the same degree of convenience, connection, and safety afforded the public generally is available to pedestrians with disabilities. Once the US Access Board guidelines are adopted by the Department of Justice, they will become enforceable standards under title II of the ADA.
 
  
Although PROWAG has not been approved by the DOJ or DOT, a FHWA memorandum dated January 23, 2006, encourages use of the PROWAG 2005.  The memorandum specifically states:  
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The DOJ's ''ADA Standards for Accessible Design'' was developed originally for buildings and sites dealing with facilities and does not clearly address right of way applications.  To address this shortcoming, a subcommittee of the Public Rights of Way Access Advisory Committee (PROWAAC) developed draft guidelines for right of way applications, titled [http://www.access-board.gov/prowac/draft.htm Public Right of Way Accessibility Guidelines].  Although PROWAG has not been approved by the DOJ or DOT, and therefore those guidelines are not enforceable, a FHWA memorandum dated January 23, 2006, encourages use of the draft guidelines where ADAAG does not clearly address right of way issues.  The memorandum specifically states:
:"The Draft Guidelines are the currently recommended best practices, and can be considered the state of the practice that could be followed for areas not fully addressed by the present ADAAG standards. Further, the Draft Guidelines are consistent with the ADA's requirement that all new facilities (and altered facilities to the maximum extent feasible) be designed and constructed to be accessible to and useable by people with disabilities."
 
  
The guidelines provided in MoDOT standards are based upon the federal requirements contained in the 2010 ADA Standards for Accessible Design. Exceptions will be where the federal standards do not provide specific ADA accessibility aspects or requirements for use in the public right-of-way. In those cases, guidelines and best practices will be used based on the proposed PROWAG or other available FHWA guidelines. Where applicable, best practice references will be specifically cited in the MoDOT guidelines.  
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:"The Draft Guidelines are not standards until adopted by the U.S. Department of Justice and the U.S. Department of Transportation. The present standards to be followed are the ADA Accessibility Guidelines (ADAAG) standards. However, the Draft Guidelines are the currently recommended best practices, and can be considered the state of the practice that could be followed for areas not fully addressed by the present ADAAG standards. Further, the Draft Guidelines are consistent with the ADA's requirement that all new facilities (and altered facilities to the maximum extent feasible) be designed and constructed to be accessible to and useable by people with disabilities."
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Therefore, the guidelines provided herein and in MoDOT standards are based upon the federal requirements contained in the ''ADA Standards for Accessible Design'', based on ADAAG. Exceptions will be where the federal standards do not provide specific ADA accessibility aspects/requirements. In those cases, guidelines and best practices will be used based on the proposed PROWAG or other available FHWA guidelines. Where applicable, best practice references will be specifically cited in the guidelines.
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The [http://www.mutcd.fhwa.dot.gov/ ''Manual on Uniform Traffic Contol Devices''] has been developed with the cooperation of the Access Board and can be considered the standard for traffic control regulations.  Part 4, Chapter 4E specifically addresses traffic signals and Part 6, Chapter 6D addresses work zones.  Other sections include pedestrian considerations as needed.
  
The ''Manual on Uniform Traffic Control Devices'' has been developed with the cooperation of the Access Board and can be considered the standard for traffic control regulations.  Part 4, Chapter 4E specifically addresses traffic signals and Part 6, Chapter 6D addresses work zones. Other sections include pedestrian considerations as needed.  
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The most important factor in the decision process, where applicable state or federal standards are silent, is to design and install facilities in a reasonable and consistent manner and to document the decision-making process and the final decision.
  
 
==New Construction vs. Alteration vs. Maintenance==
 
==New Construction vs. Alteration vs. Maintenance==
Whether a project is considered new construction, an alteration or maintenance to an existing facility is important in determining how the Americans with Disabilities Act (ADA) applies. However, it is MoDOT’s policy to provide and upgrade pedestrian accommodations on all projects, including maintenance projects, when and where it is possible and appropriate to do so; that is, to “do the right thing.”  
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Whether a project is considered new construction, an alteration or maintenance to an existing facility is important in determining how the Americans with Disabilities Act applies. However, it is MoDOT’s policy to provide and upgrade pedestrian accommodations on projects when and where it is possible and appropriate; that is, to “do the right thing.”
  
Pedestrian facilities are to be considered in all projects and are to be planned, designed, constructed and maintained in a barrier-free, ADA-compliant manner.  
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Pedestrian facilities are to be considered in all new construction projects and are to be constructed in a barrier-free, ADA-compliant manner.  The Federal Highway Administration has provided a flow chart to better illustrate the requirements for ADA compliance within different categories of projects.
  
Much of the work done by MoDOT is upgrading or altering the existing system. In accordance with ADA, when an alteration is made to a roadway on which pedestrian facilities (sidewalks, pedestrian grade separations, curb ramps, etc.) exist on Missouri Highways and Transportation Commission (MHTC) right of way, each altered element or space within the limits or scope of the project shall comply with the applicable ADA requirements for new construction to the maximum extent feasible.  Project budgets must take into account the necessary work required to improve facilities to ADA compliance.
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[[image:642 Project Analysis.jpg|center|530px]]
  
An '''alteration''' is defined by the DOJ as a change that affects or could affect the usability of all or part of a building or facilityAlterations of streets, roads, or highways include activities such as reconstruction, rehabilitation, resurfacing, widening, and projects of similar scale and effect.
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|'''* For the case where an alteration is constructed to the maximum extent technically feasible, documentation of technical infeasibility is required.'''
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|'''** When an “undue financial burden” is determined, a written determination is required and must be signed off by the head of the public entity or designeeFor the case where an alteration is constructed to the maximum extent feasible, documentation of technical infeasibility is required.'''
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As noted in the FHWA chart above, all new construction is to be designed and built in full compliance with ADA standards.  Any deviation will require a design exception.
  
Resurfacing of streets constitutes an alteration under the ADAResurfacing triggers the obligation to provide curb ramps or sloped areas where pedestrian walkways intersect the resurfaced streetsResurfacing of a crosswalk also requires the provision of curb ramps at that crosswalkAdditional work to make the rest of the pedestrian walkway ADA compliant is required under ADA and the MoDOT ADA Transition PlanTransition Plan compliance requires work that will include corrections of deficient width, excessive cross slope, and broken or faulted sidewalk sections with vertical changes in elevation in excess of ¼ inch in height.  
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Much of the work done by MoDOT is upgrading or altering the existing systemIn accordance with ADA, when an alteration is made to a roadway on which pedestrian facilities (sidewalks, pedestrian grade separations, curb ramps, etc.) exist on Missouri Highways and Transportation Commission (MHTC) [[:Category:236 Right of Way|right of way]], each altered element or space within the limits or scope of the project shall comply with the applicable requirements for new construction to the maximum extent feasible.   
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An '''alteration project''' is defined as a project that permanently affects the access, traffic flow, geometry or use of a facilityResurfacing, of any thickness, intended to address the structural capacity of the pavement, is considered an alterationOther alterations include reconstruction, major rehabilitation, widening, signal installation and upgrades, geometric modification of intersections, and projects of similar scale and effect.
  
Generally, curb ramps are needed wherever a sidewalk or other pedestrian walkway crosses a curbCurb ramps must be located to ensure a person with a mobility disability can travel from a sidewalk on one side of the street, over or through any curbs or traffic islands, to the sidewalk on the other side of the street. However, the ADA does not require installation of ramps or curb ramps in the absence of a pedestrian walkway with a prepared surface for pedestrian use.  Nor are curb ramps required in the absence of a curb, elevation, or other barrier between the street and the walkway.  If pedestrian facilities exist before a project, that same space must remain and be accessible to the maximum extent possible after the project.  
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What is '''“to the maximum extent feasible?”'''  From the [http://www.access-board.gov/prowac/draft.htm#202 PROWAG Section R202.3]: "The phrase ‘to the maximum extent feasible,’ … applies to the occasional case where the nature of an existing facility makes it virtually impossible to comply fully with applicable accessibility standards through a planned alteration. In these circumstances, the alteration shall provide the maximum physical accessibility feasible. Any altered features of the facility that can be made accessible shall be made accessible. If providing accessibility in conformance with this section to individuals with certain disabilities (e.g., those who use wheelchairs) would not be feasible, the facility shall be made accessible to persons with other types of disabilities (e.g., those who use crutches, those who have impaired vision or hearing, or those who have other impairments)."
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For MoDOT alteration projects:
  
Resurfacing of any thickness is an alteration that triggers the requirement to improve or add curb ramps if it involves work on a street or roadway spanning from one intersection to another, and includes overlays of additional material to the road surface, with or without milling. Examples include, but are not limited to the following treatments or their equivalents: addition of a new layer of asphalt, reconstruction, concrete pavement rehabilitation and reconstruction, open-graded surface course, micro-surfacing and thin lift overlays, cape seals, and in-place asphalt recycling.  
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* At a minimum, within the limits of an alteration project, curb ramps will be installed where a sidewalk crosses a curb and all existing pedestrian facilities disturbed by highway construction will be replaced and made ADA-compliant to the maximum extent feasible.
  
What is '''“to the maximum extent feasible?”''' From the PROWAG Section R202.3: "The phrase ‘to the maximum extent feasible,’ … applies to the occasional case where the nature of an existing facility makes it virtually impossible to comply fully with applicable accessibility standards through a planned alteration. In these rare circumstances, the alteration shall provide the maximum physical accessibility feasible. Any altered features of the facility that can be made accessible shall be made accessible. At a minimum, all MoDOT projects will, within the project limits address the following items:
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* Signal projects should be scoped to include curb ramps and ADA-compliant pushbuttons at a minimum.  Consideration is to be given to upgrading full intersections to expedite completion of MoDOT’s Transition Plan.
  
:* Curb ramps or sloped areas will be installed where a sidewalk approaches or crosses a curb line. 
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* Any exceptions will be based on technical infeasibility. Documentation of the decision shall be accomplished by way of design exception.
:* Detectable warning devices will be installed at all curb ramp or slope area interfaces with public roads, streets, alleys or highways.  Detectable warning devices will also be installed at approaches where a traffic control device like a stop sign or a yield sign is installed. 
 
:* All barriers to access between curb ramps or sloped areas will be address such that the area is passable to users of all abilities, including those that use assistive mobility devices.
 
:* All existing pedestrian facilities disturbed by highway construction will be replaced and made ADA-compliant to the maximum extent feasible. Signal projects should be scoped to include curb ramps and/or island cut through, detectable warnings, and ADA-compliant pushbuttons at a minimum. Consideration is to be given to upgrading intersections to full ADA compliance to expedite completion of MoDOT’s Transition Plan. This will include providing audible pedestrian signals anywhere there are existing pedestrian signal indications. 
 
:* Any exceptions will be based on technical infeasibility. Documentation of the decision shall be accomplished by way of design exception and will be discussed in the project scoping documentation.
 
 
Basic maintenance tasks do not require bringing adjacent facilities up to current standards, but do require any disturbed areas to be replaced with complaint items to the maximum extent feasible.  
 
  
Treatments that serve solely to seal and protect the road surface, improve friction, and control splash and spray are considered to be maintenance because they do not significantly affect the public's access to or usability of the road. Some examples of the types of treatments that would normally be considered maintenance are: painting or striping lanes, crack filling and sealing, surface sealing, chip seals, slurry seals, fog seals, scrub sealing, joint crack seals, joint repairs, dowel bar retrofit, spot high-friction treatments, diamond grinding, and pavement patching. In some cases, the combination of several maintenance treatments occurring at or near the same time may qualify as an alteration and would trigger the obligation to provide curb ramps.
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'''"Maintenance"''' is any action intended to preserve the system or retard future deterioration.  Resurfacing of a total thickness less than 2 in. solely intended to maintain the functional condition of the roadway surface, is considered maintenance.  Similarly, milling and subsequent repaving, resulting in no net change of profile grade, is considered maintenance.  Other maintenance activities include thin surface treatments, joint repair, pavement patching, shoulder repair, signing, striping, minor signal upgrades and repairs to drainage systems.  Basic maintenance tasks do not require bringing adjacent facilities up to current standards.
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MoDOT takes its responsibility toward all modes of transportation seriously. For this reason, designers should investigate beyond the written definitions of maintenance and alteration to ensure that significant deficiencies with respect to accessibility are remedied, irrespective of the type of work being performed.
  
'''MoDOT staff will ensure that any deficiencies with respect to pedestrian accessibility are remedied, irrespective of the type of work being performed. '''
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All existing MoDOT facilities that are not currently compliant with ADA standards must be included in MoDOT’s Transition Plan.  Those that are not part of an “alteration project” will have to be upgraded to the maximum extent possible in accordance with the Transition Plan.  These upgrades may occur as stand alone projects, maintenance, operations or contract projects.
  
All existing MoDOT facilities that are not currently compliant with ADA standards must be included in MoDOT’s Transition Plan. MoDOT shall plan for  improving the facilities to the maximum extent possible as stand-alone projects, maintenance, operations or contract projects.  Any non-compliant facilities that exist within an alteration project’s limits shall be made ADA compliant as part of the alteration project.  Appropriate budget amounts shall be included in the project budget for any necessary utility adjustments, right-of-way or easement needs and construction work required to bring the defective items into ADA Compliance.    
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Pedestrian facilities may also be made ADA compliant based on a case-by-case needs assessment. For example, along arterial streets where connecting to sidewalks on city streets will provide a connected network for pedestrian movement. Effort should be made to accommodate requests from disabled pedestrians to remove existing barriers.
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For off-system projects and MoDOT permit construction, the department, during its initial meeting or discussion with the owner or owner representative of the project, will identify or restate the ADA obligations for the project.  Written notice of areas of noncompliance found beyond MoDOT right of way should be provided to the owner.
  
Requests for improvements to pedestrian facilities often come from the public involvement efforts associated with larger projects. Requests from the public for improved accessibility, removal of existing barriers to access or to make an intersection ADA compliant will be addressed on a case-by-case basis at the earliest opportunityThese upgrades may occur as stand-alone projects for either maintenance, operations or as part of the current project.  
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==Costs==
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Costs for new pedestrian facilities, including right of way, construction and maintenance, should be included in the regular project costs, but may also be funded in partnership with local jurisdictions or by local jurisdictions alone, by Enhancement or [http://www.modot.mo.gov/Safety/SafeRoutestoSchool.htm Safe Routes to School] funds, other non-department sources or any combination of these. State road funding will only be provided for those projects located on MHTC right of way. Enhancement funds cannot be used for maintenance of pedestrian facilitiesPedestrian funding arrangements for design, construction and maintenance must be addressed with a written agreement between MoDOT and a local sponsor and executed prior to the start of construction.  
  
For off-system projects and MoDOT permitted construction, the department, during its initial meeting or discussion with the owner or owner representative of the project will identify or restate the ADA obligations for the project. Written notice of areas of noncompliance found beyond MoDOT right of way should be provided to the owner.  Work necessary to bring these items into ADA compliance should be included in off-system projects and on permitted projects on right-of-way.
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Existing pedestrian facilities disturbed by any MoDOT improvement will be replaced to meet current design standards and will be at MoDOT’s expense. Normal right of way and construction costs for this restoration will be included as a project cost for the proposed improvement.  
 
 
==Costs==
 
Costs for new pedestrian facilities, including right of way, utility adjustments, construction and maintenance, should be included in the regular project costs, but may also be funded in partnership with local jurisdictions or by local jurisdictions alone, by Enhancement or Safe Routes to School funds, other non-department sources or any combination of these.  Existing pedestrian facilities encountered by any MoDOT improvement project will be replaced to meet current ADA design standards to the maximum extent feasible. Normal right of way and construction costs for this work will be included as a project cost for the proposed improvement.
 
  
 
==Agreements==
 
==Agreements==
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==Maintenance==
 
==Maintenance==
Pedestrian facilities, to include sidewalks and steps, will be maintained by MoDOT where it is an obligation of the department.  
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Sidewalks and steps are only maintained by MoDOT where it is an obligation of the department. Maintenance agreements shall be consulted to determine MoDOT's obligation. Where such delegation has not been specified, adjacent property owners may be required to maintain the walks based on local ordinance, even though they may be on MoDOT right of way or on the right of way of a dedicated street.  
 
 
Maintenance agreements shall be consulted to determine if there is another agency that has agreed to maintain or has been delegated maintenance of certain areas of MoDOT's property. Where such delegation has not been specified, adjacent property owners may be required to maintain the walks based on local ordinance, even though the pedestrian facility may be on MoDOT right of way or on the right of way of a dedicated street. In some cases, MoDOT may have only a pavement surface maintenance obligation and the actual property may be owned by another local agency.  In these cases, MoDOT should contact the agency to notify them of any needed ADA work along the corridor triggered by MoDOT resurfacing work.  Area Engineers should be the MoDOT staff to contact the local agency and to discuss the local agencies responsibility for ADA improvements that will be triggered by the MoDOT surfacing work.     
 
 
 
Where there are no agreements with other agencies or local ordinances that delegate maintenance responsibilities for pedestrian facilities, MoDOT shall maintain pedestrian facilities in compliance with current ADA standards and guidelines through maintenance activities, permitted work on right-of-way or through contracted efforts. 
 
  
FHWA has oversight responsibility of maintenance over pedestrian facilities in accordance with 28 CFR 35.133.  Maintenance of pedestrian facilities includes vegetation control measures necessary to maintain the pedestrian space in compliance with ADA requirements for protruding objects and snow removal processesThe maintenance requirements of 23 USC 116 apply to all transportation facilities built with Federal funds and require pedestrian facilities  to be maintained in the same manner as other roadway assets.
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Where MoDOT is the adjacent property owner, MoDOT will maintain the sidewalksHowever, MoDOT has far reaching responsibilities and maintenance of all transportation facilities must be properly prioritized to meet the demands of the traveling public based on use and safety and with consideration of the available resources.

Revision as of 13:18, 9 September 2013

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MoDOT values the needs of all transportation users, including pedestrians. Safe, convenient and well-designed facilities are essential when pedestrians are in proximity to roadway traffic. The design and installation of pedestrian facilities is to be considered on all projects beginning at the planning stage. The conceptual study should discuss the conditions listed below and how they apply to the project:

  • Pedestrian traffic generators are located near the proposed project (i.e., residential neighborhoods, employment centers, shopping centers, schools, parks, libraries, etc.),
  • There is evidence of pedestrian traffic along the proposed project,
  • The route provides access across a natural or man-made barrier (i.e., bridges over rivers, roadways, railroads or under access-controlled facilities),
  • The local jurisdiction is implementing a comprehensive pedestrian policy in the area of the proposed project,
  • There is local support through local planning organizations for the provision of pedestrian facilities,
  • The local community supports the incorporation of facilities on a particular project.

Pedestrian facilities should be a topic of discussion at all public meetings and a special effort is to be made to contact local groups of non-drivers, such as the disabled community, seniors and schools. Communities and affected disability advocate groups need to be included in the planning and design process. The Missouri Governor’s Council on Disability provides a link to a Directory of Resources. This directory includes a listing of disability groups and advocates that may be contacted for input and can be searched by county.

Additional Information
ADA Standards for Accessible Design
Americans with Disabilities Accessibilities Guidelines (ADAAG)
Bike and Pedestrian Safety
Missouri Governor’s Council on Disability
Missouri Governor’s Council on Disability Directory of Resources
Public Rights of Way Accessibility Guidelines (PROWAG)
United States Access Board

Numerous strategies are available to provide improved facilities for pedestrians. Typical roadway sections (such as 4-lane major urban roadway,4-lane minor urban roadway and 2-lane minor urban roadway) provide typical sidewalk layouts. Additional design information can be found in AASHTO's Guide For The Planning Design and Operation of Pedestrian Facilities and FHWA's Designing Sidewalks and Trails for Access, Vol I and Vol II. All pedestrian facilities are to be barrier free and and usable by all people to the degree that it is technically feasible. They are to be built to the standards developed by the United States Access Board. These standards are based on the Americans with Disabilities Act of 1990 (ADA) and provided in the Americans with Disabilities Accessibilities Guidelines (ADAAG). Although not a legal standard, best practices in public right of way design are discussed more completely in the draft Public Rights of Way Accessibility Guidelinges (PROWAG). The nonmotorized transportation engineer in Design can provide additional assistance in addressing specific project concerns on a case-by-case basis.

This article also provides guidance for sidewalk ramps and curb ramps, curb ramp applications, pedestrian grade separations and the pedestrian aspects involved in roundabouts.

Pedestrian Facilities and the Americans with Disabilities Act

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Pedestrian facilities must be accessible to all people to the maximum extent feasible. This includes all facilities owned or built by MoDOT and those that may be built using federal funds administered by MoDOT. Title V of the Americans with Disabilities Act of 1990 (ADA) requires the U.S. Access Board (Access Board) to issue minimum guidelines for accessible design requirements for facilities. Those guidelines are the American with Disabilities Act Accessibility Guidelines (ADAAG). The U.S Department of Justice (DOJ) and the U.S. Department of Transportation (DOT) use the U.S. Access Board’s guidelines (ADAAG) as a basis to establish legally enforcable accessibility standards. Those federal standards are titled ADA Standards for Accessible Design and are identical in content to ADAAG Sections 1-10. The DOJ and the DOT's ADA Standards for Accessible Design are enforceable under the ADA whereas the U.S. Access Board guidelines are only advisory.

The DOJ's ADA Standards for Accessible Design was developed originally for buildings and sites dealing with facilities and does not clearly address right of way applications. To address this shortcoming, a subcommittee of the Public Rights of Way Access Advisory Committee (PROWAAC) developed draft guidelines for right of way applications, titled Public Right of Way Accessibility Guidelines. Although PROWAG has not been approved by the DOJ or DOT, and therefore those guidelines are not enforceable, a FHWA memorandum dated January 23, 2006, encourages use of the draft guidelines where ADAAG does not clearly address right of way issues. The memorandum specifically states:

"The Draft Guidelines are not standards until adopted by the U.S. Department of Justice and the U.S. Department of Transportation. The present standards to be followed are the ADA Accessibility Guidelines (ADAAG) standards. However, the Draft Guidelines are the currently recommended best practices, and can be considered the state of the practice that could be followed for areas not fully addressed by the present ADAAG standards. Further, the Draft Guidelines are consistent with the ADA's requirement that all new facilities (and altered facilities to the maximum extent feasible) be designed and constructed to be accessible to and useable by people with disabilities."

Therefore, the guidelines provided herein and in MoDOT standards are based upon the federal requirements contained in the ADA Standards for Accessible Design, based on ADAAG. Exceptions will be where the federal standards do not provide specific ADA accessibility aspects/requirements. In those cases, guidelines and best practices will be used based on the proposed PROWAG or other available FHWA guidelines. Where applicable, best practice references will be specifically cited in the guidelines.

The Manual on Uniform Traffic Contol Devices has been developed with the cooperation of the Access Board and can be considered the standard for traffic control regulations. Part 4, Chapter 4E specifically addresses traffic signals and Part 6, Chapter 6D addresses work zones. Other sections include pedestrian considerations as needed.

The most important factor in the decision process, where applicable state or federal standards are silent, is to design and install facilities in a reasonable and consistent manner and to document the decision-making process and the final decision.

New Construction vs. Alteration vs. Maintenance

Whether a project is considered new construction, an alteration or maintenance to an existing facility is important in determining how the Americans with Disabilities Act applies. However, it is MoDOT’s policy to provide and upgrade pedestrian accommodations on projects when and where it is possible and appropriate; that is, to “do the right thing.”

Pedestrian facilities are to be considered in all new construction projects and are to be constructed in a barrier-free, ADA-compliant manner. The Federal Highway Administration has provided a flow chart to better illustrate the requirements for ADA compliance within different categories of projects.

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* For the case where an alteration is constructed to the maximum extent technically feasible, documentation of technical infeasibility is required.
** When an “undue financial burden” is determined, a written determination is required and must be signed off by the head of the public entity or designee. For the case where an alteration is constructed to the maximum extent feasible, documentation of technical infeasibility is required.

As noted in the FHWA chart above, all new construction is to be designed and built in full compliance with ADA standards. Any deviation will require a design exception.

Much of the work done by MoDOT is upgrading or altering the existing system. In accordance with ADA, when an alteration is made to a roadway on which pedestrian facilities (sidewalks, pedestrian grade separations, curb ramps, etc.) exist on Missouri Highways and Transportation Commission (MHTC) right of way, each altered element or space within the limits or scope of the project shall comply with the applicable requirements for new construction to the maximum extent feasible.

An alteration project is defined as a project that permanently affects the access, traffic flow, geometry or use of a facility. Resurfacing, of any thickness, intended to address the structural capacity of the pavement, is considered an alteration. Other alterations include reconstruction, major rehabilitation, widening, signal installation and upgrades, geometric modification of intersections, and projects of similar scale and effect.

What is “to the maximum extent feasible?” From the PROWAG Section R202.3: "The phrase ‘to the maximum extent feasible,’ … applies to the occasional case where the nature of an existing facility makes it virtually impossible to comply fully with applicable accessibility standards through a planned alteration. In these circumstances, the alteration shall provide the maximum physical accessibility feasible. Any altered features of the facility that can be made accessible shall be made accessible. If providing accessibility in conformance with this section to individuals with certain disabilities (e.g., those who use wheelchairs) would not be feasible, the facility shall be made accessible to persons with other types of disabilities (e.g., those who use crutches, those who have impaired vision or hearing, or those who have other impairments)."

For MoDOT alteration projects:

  • At a minimum, within the limits of an alteration project, curb ramps will be installed where a sidewalk crosses a curb and all existing pedestrian facilities disturbed by highway construction will be replaced and made ADA-compliant to the maximum extent feasible.
  • Signal projects should be scoped to include curb ramps and ADA-compliant pushbuttons at a minimum. Consideration is to be given to upgrading full intersections to expedite completion of MoDOT’s Transition Plan.
  • Any exceptions will be based on technical infeasibility. Documentation of the decision shall be accomplished by way of design exception.

"Maintenance" is any action intended to preserve the system or retard future deterioration. Resurfacing of a total thickness less than 2 in. solely intended to maintain the functional condition of the roadway surface, is considered maintenance. Similarly, milling and subsequent repaving, resulting in no net change of profile grade, is considered maintenance. Other maintenance activities include thin surface treatments, joint repair, pavement patching, shoulder repair, signing, striping, minor signal upgrades and repairs to drainage systems. Basic maintenance tasks do not require bringing adjacent facilities up to current standards.

MoDOT takes its responsibility toward all modes of transportation seriously. For this reason, designers should investigate beyond the written definitions of maintenance and alteration to ensure that significant deficiencies with respect to accessibility are remedied, irrespective of the type of work being performed.

All existing MoDOT facilities that are not currently compliant with ADA standards must be included in MoDOT’s Transition Plan. Those that are not part of an “alteration project” will have to be upgraded to the maximum extent possible in accordance with the Transition Plan. These upgrades may occur as stand alone projects, maintenance, operations or contract projects.

Pedestrian facilities may also be made ADA compliant based on a case-by-case needs assessment. For example, along arterial streets where connecting to sidewalks on city streets will provide a connected network for pedestrian movement. Effort should be made to accommodate requests from disabled pedestrians to remove existing barriers.

For off-system projects and MoDOT permit construction, the department, during its initial meeting or discussion with the owner or owner representative of the project, will identify or restate the ADA obligations for the project. Written notice of areas of noncompliance found beyond MoDOT right of way should be provided to the owner.

Costs

Costs for new pedestrian facilities, including right of way, construction and maintenance, should be included in the regular project costs, but may also be funded in partnership with local jurisdictions or by local jurisdictions alone, by Enhancement or Safe Routes to School funds, other non-department sources or any combination of these. State road funding will only be provided for those projects located on MHTC right of way. Enhancement funds cannot be used for maintenance of pedestrian facilities. Pedestrian funding arrangements for design, construction and maintenance must be addressed with a written agreement between MoDOT and a local sponsor and executed prior to the start of construction.

Existing pedestrian facilities disturbed by any MoDOT improvement will be replaced to meet current design standards and will be at MoDOT’s expense. Normal right of way and construction costs for this restoration will be included as a project cost for the proposed improvement.

Agreements

Agreements with local jurisdictions or others will be used to address funding and maintenance issues for pedestrian facilities constructed on or off of MHTC right of way. Standard form agreements are available on the Chief Counsel's contract webpage. Detailed information concerning the sequence for preparing and executing a project agreement is available in EPG 235.2.3 Project Agreements. The agency responsible for maintenance will be established prior to construction. MoDOT assumes legal liability for pedestrian facilities on MHTC right of way unless this responsibility is addressed by agreement, with MoDOT personnel performing regular inspections to ensure proper maintenance is performed as provided under terms of the agreement. If maintenance is not performed as required by agreement, MoDOT will take necessary steps to ensure proper maintenance is provided with the cost borne in accordance with the agreement.

Maintenance

Sidewalks and steps are only maintained by MoDOT where it is an obligation of the department. Maintenance agreements shall be consulted to determine MoDOT's obligation. Where such delegation has not been specified, adjacent property owners may be required to maintain the walks based on local ordinance, even though they may be on MoDOT right of way or on the right of way of a dedicated street.

Where MoDOT is the adjacent property owner, MoDOT will maintain the sidewalks. However, MoDOT has far reaching responsibilities and maintenance of all transportation facilities must be properly prioritized to meet the demands of the traveling public based on use and safety and with consideration of the available resources.