|
|
|
|
|
|
|
Yearly appropriation of Chapter 90 Funds should
include a specific sidewalk improvement portion or earmark of not less that
___%. |
|
Rebuilding existing defective sidewalks |
|
ADA Compliance of existing sidewalks |
|
New sidewalk installation |
|
|
|
A five year plan should be established by the
administration that is based on clear criteria |
|
Concentric circles or radius patterns could be
established emanating from business areas, schools, and public
transportation facilities |
|
Provision for deviation from plan based on
emergency or immediate hazard identification |
|
|
|
Any road that is to be resurfaced from curb to
curb must have adjacent sidewalks made ADA compliant |
|
|
|
|
Signed by President Bush on July 26, 1990 |
|
Extends civil rights protection to people with
disabilities |
|
Prohibits discrimination on the basis of
disability in employment, State and local government services, public
transportation, public accommodations, commercial facilities, and
telecommunications |
|
|
|
|
Common Problem: Local governments often do not
provide necessary curb ramps to ensure that people with disabilities can
travel throughout the city in a safe and convenient manner. |
|
|
|
Result: Sidewalk travel is dangerous, difficult,
and in some cases impossible for people who use wheelchairs, scooters, and
other mobility aids. |
|
|
|
Solution: When streets and roads are newly built
or altered, they must have ramps wherever there are curbs or other barriers
to entry from a pedestrian walkway. Likewise, when new sidewalks or
walkways are built or altered, they must contain curb ramps or sloped areas
wherever they intersect with streets or roads. |
|
|
|
|
Each facility or part of a facility altered by,
on behalf of, or for the use of a public entity in a manner that affects or
could affect the usability of the facility or part of the facility shall,
to the maximum extent feasible, be altered in such manner that the altered
portion of the facility is readily accessible to and usable by individuals
with disabilities, if the alteration was commenced after January 26, 1992 |
|
|
|
Resurfacing a street or sidewalk is considered
an alteration |
|
|
|
Filling potholes will not trigger the
“alteration” requirement |
|
|
|
Existing roads and sidewalks that have not been
altered since 1992 are not subject to ADA requirement |
|
|
|
|
|
|
Resurfacing does change a "structural part
or element" of the street, i.e., its surface thus improving use for
motorists. |
|
|
|
A curb is considered part of a street. |
|
|
|
The installation of curb ramps is important not
only for persons in wheelchairs but also for ambulatory persons with
mobility impairments, such as those who use walkers and crutches. |
|
|
|
“….the City (Philadelphia) cannot escape its
obligation to install curb ramps on altered streets by demonstrating that
doing so would result in "undue financial and administrative
burdens," 28 C.F.R. 35.150(a)(3)” |
|
|
|
“While ‘sometimes new asphalt may simply be
overlaid on top of the old surface,’ more often the work involves removing
the old asphalt by a process known as "milling." During this
process, cracks in the underlying base of concrete may be repaired and
manholes may be raised or lowered to be flush with the newly paved street.”
This is an “alteration.” |
|
|
|
|
|
----- Original Message ----- From: Dougan,
Jeff (MOD)
To: pm1963
Sent: Tuesday, November 13, 2007 1:46 PM
Subject: RE: Saugus Sidewalks
Peter:
As you have made clear, when a city/town is conducting a major
reconstruction of the roadways in a specific area, and there are sidewalks
and curb cuts located adjacent to that work, DOJ, as well as the Courts have
determined that, at that same time, any non-compliant curb cuts need to be
repaired. The entity must look at the curb cuts that exist, and ensure
that they meet the Americans with Disabilities Act Architectural Guidelines
(ADAAG). However, this does not mean that non-compliant sidewalks need
to be addressed at that time, only the curb cuts that are not in
conformance.
As with any construction or re-construction, the
curb cuts that would be affected by this, must also comply with the
Massachusetts Architectural Access Board’s rules and regulations.
Jeffrey
L. Dougan
Assistant Director for Community Services
Massachusetts Office on Disability
One Ashburton Place, Room 1305
Boston, MA 02108
Phone: (617) 727-7440 ext. 27316
www.mass.gov/mod
|
|
|
|
|
|
If we
improve a public facility for some people we must improve it for all
people. |
|
|
|
|
|
Saugus has an older population |
|
Median Age - 41.3 (State – 36.5) |
|
65+ (4,594) - 17.6% (State – 13.5%) |
|
52.2% - Female |
|
|
|
|
|
|
|
|
|
|
|
CHAPTER 90 IS A 100% REIMBURSABLE PROGRAM |
|
|
|
“Grants are made in accordance with Section 34
Chapter 90 MGL. These funds shall be used in compliance with all applicable
statutes and regulations, including but not limited to, Chapter 30, Section
39M; Chapter 149, Section 44J; Chapter 149, Section 26-27F; as applicable
for maintaining, repairing, improving and constructing town and county ways
and bridges which qualify under the State Aid Highway Guidelines adopted by
the Public Works Commission. |
|
|
|
Sidewalks, berms and curbs are allowable
projects under Chapter 90. |
|
|
|
Saugus has at least $459,426.08 for FY08. |
|
No projects have been specified as of 11-9-07 |
|
Addendums to change stated projects are allowed |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Notes