DOJ/DOT RULES FOR RESURFACING CUTS

Mayor Williams Provides Council Data About Accessible Sidewalks in Huntington

Updated 32 weeks ago Edited by Tony Rutherford from Multiple Reports

Following two recent tragic accidents in which pedestrians were struck by vehicles on the West End, questions have surfaced about the city’s efforts to make the city more accessible.

Mayor Steve Williams reported to City Council members this evening that since the city launched its sidewalk replacement program in fall 2016, 1.413 miles of sidewalk have been replaced. The City has partnered on sidewalk projects with 75 different property owners.

Also, since 2001, the city has used $2,003,190.96 in federal Community Development Block Grant funds to install curb cuts at intersections. According to Development and Planning Director Scott Lemley, it costs approximately $5,000 to install curb cuts at all four corners of an intersection. That comes out to 400 intersections that have received curb cuts since 2001.

On Nov. 15 at about 6:30 p.m. Bobby Smith Jr., a man in a motorized wheelchair, died after he was struck by a vehicle at Madison Avenue and W. 20th Street near the Jefferson Avenue Church of God. 

Patrick Stubblefield, another wheelchair user, had told WSAZ on Nov. 16  that at the intersection where Smith died one corner is step and the other worn away.  He said at  that corner he must crawl or use the street. 

According to a Department of Justice/Department of Transportation webpage, curbcuts for disability accommodation must occur:

Title II of the Americans with Disabilities Act (ADA) requires that state and local governments ensure that persons with disabilities have access to the pedestrian routes in the public right of way. An important part of this requirement is the obligation whenever streets, roadways, or highways are altered to provide curb ramps where street level pedestrian walkways cross curbs.2  This requirement is intended to ensure the accessibility and usability of the pedestrian walkway for persons with disabilities.

An alteration is a change that affects or could affect the usability of all or part of a building or facility.3  Alterations of streets, roads, or highways include activities such as reconstruction, rehabilitation, resurfacing, widening, and projects of similar scale and effect.4  Maintenance activities on streets, roads, or highways, such as filling potholes, are not alterations. 

Where must curb ramps be provided?

Generally, curb ramps are needed wherever a sidewalk or other pedestrian walkway crosses a curb. Curb 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 useNor are curb ramps required in the absence of a curb, elevation, or other barrier between the street and the walkway.

When is resurfacing considered to be an alteration?

Resurfacing is an alteration that triggers the requirement to 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.

 

Read more here: 

https://www.ada.gov/doj-fhwa-ta.htm

 

CLICK HERE FOR WSAZ STORY:

 

http://www.wsaz.com/content/news/WSAZ-Investigates-The-road-less-travele...

 

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