TOWN
OF
CHRISTIANSBURG
PUBLIC
INFORMATION ADA Compliance and TrailsResources |
ADA
COMPLIANCE AND TRAIL CONSTRUCTION
If
good things come in small packages, this is one case where great things come in
big packages. The State of Virginia Department of Conservation & Recreation (DCR)
has available online a document called “RECREATION
PLANNING: Virginia Outdoors Plan". Althought, a lengthy document, it
is chock full of a wealth of great information. Grants are available through the
Virginia Recreational Trails Fund Program and here are some of the criteria noted
in their 2008 program. While it is too late to submit an application for this
funding for 2008, it should certainly be considered as possible funding in 2009
as further links with trails are evaluated.
Eligible
Projects: A grant recipient may use monies received under this program for: •
Development of trail linkages. •
Construction of new trails. •
Restoration of existing recreational trails •
Development/rehabilitation of trailside and trailhead facilities including water
trails. This includes trial components or associated facilities which serve the
purpose of improving the use of or safety of the recreational trail, and may include,
but are not limited to the following: drainage, crossings, stabilization, parking,
signage, controls, shelters, water, sanitary, and access facilities, trail bridge
restorations. “Rehabilitation” means extensive repair needed to bring a facility
up to standards suitable for public use or to protect resources. Trailside and
trailhead facilities should have a direct relationship with a recreational trail.
• Provision of
features that facilitate the access and use of trails by persons with disabilities.
• Development
of motorized trails except as noted under “uses not permitted” on page 6. (SEE
DCR'S: Virginia Recreational Trail Fund Program 2008)
Further
information available in the Virginia
Recreational Trails Fund Program FAQ section clearly shows that funding eligibility
will include those projects directed towards providing access to people with disabilities:
What types of
projects are eligible? Eligible activities include:-
Development of trail linkages
- Construction
of new trails
- Restoration
of existing recreational trails
-
Development and rehabilitation of trailside and trailhead facilities, including
those on water trails. This includes trial components or associated facilities
which serve the purpose of improving the use or safety of the recreational trail.
These may include but are not limited to: drainage, crossings, stabilization,
parking, signage, controls, shelters, water, restrooms, access facilities and
trail bridge restorations. “Rehabilitation” means extensive repair needed to bring
a facility up to standards suitable for public use or to protect resources. The
trailside and trailhead facilities should directly relate to recreational aspects
of the trail.
- Construction
of new trails crossing federal land if such proposals are supported by the 2007
Virginia Outdoors Plan, applicable federal land management plans, and state and
federal management agencies responsible for compliance with applicable state and
federal laws.
- Structure
design or engineering, or GPS mapping when included with trail development (not
to exceed five percent of grant). GPS mapping information must be provided to
the Department of Conservation and Recreation for our use.
- Trail
development and renovation such as sub-grade preparation, base course, soil sterilization,
earthwork, erosion control, re-vegetation, natural and hardened surfacing, culverts,
low-water crossings, bank improvements, retaining walls, guard rails and hand
rails. Trail bridges and boardwalks may be built, repaired or replaced to provide
integral trail linkages.
- Features
that facilitate access and use of trails by those with disabilities.
- Fee
simple or easement acquisitions for trails or trail corridors.
-
Construction of new trails crossing federal lands, where such construction is
approved by the administering agency of the state and the federal agency or agencies
charged with management of all impacted lands. Such approval to be contingent
upon compliance by the federal agency with all applicable laws, including the
National Environmental Policy Act, the Forest and Rangeland Renewable Resources
Planning Act of 1974, and the Federal Land Policy and Management Act.
- Trail
projects submitted for funding should further a specific trail-related goal in
the Virginia
Outdoors Plan or in an approved local or regional trail plan.
Another
very important document that does not specifically address trail construction
but provides a wealth of information about those structures, events, and activites
within the town as a whole (including those that are near the Huckleberry Trail
is provided by the Department of Justice. It is the GUIDE
FOR SMALL TOWNS. This document covers a multitude of applications including
those that would be apropriate for the Wilderness Trail Festival, sporting events,
and the myriad of other activities that Christiansburg hosts. A search option
for the ADA PORTAL is provided free to anyone that wants to add it to their website.
Yet
another document points out certain exemptions: Section
T302 sets out four conditions under which exceptions from certain technical provisions
are permitted. Each technical provision must be examined individually to determine
whether an exception from that provision is permitted. This section does not provide
an overall exemption of the entire trail or outdoor element. When an exception
is permitted, the proposed guidelines specifically provide an exception to the
respective technical provision. This is essential as the outdoor environment is
very different than a constructed indoor environment. Factors which influence
the ability to provide fully accessible facilities such as soil, surrounding vegetation,
hydrology, terrain, and surface characteristics, are fundamental to the outdoor
area. Where trails are concerned, the committee recognized that without the opportunity
to permit exceptions from the technical provisions, compliance may significantly
alter the nature of the outdoor experience.
If
you want a quick overview of the potential costs of not being aware of and complying
with ADA requirements, check out this site:
ENFORCING THE ADA: A STATUS REPORT, JULY – SEPTEMBER 2007. This will make
it abundantly clear there is a high cost to choosing to ignore the laws pertaining
to ADA compliance and that ignorance of the laws does not constitude a defense
of not abiding by those laws.
For
a good overview and an explaination of terms, check out the U.S. Department of
Transportation, Federal Highway Administration document Chapter
5 – Trail Design for Access.
The
U.S. Forest Service has an Accessibility
Guidebook for Outdoor Recreational Trails that covers all Federal laws pertaining
to access. While these laws may or may not apply to local jurisdictions (some
are specific to Federal parks only), what is important is that ithey are often
part of the funding requirements whenever federal funds are being elicited for
such projects.
What
is probably some of the most thorough and comprehensive informatin available for
a full understanding of ADA compliance criteria, I found at these two (2) sites: Department
of Justice ADA Title III Regulation 28 CFR Part 36 and ACCESSIBLE
RIGHT-OF-WAY: A DESIGN GUIDE Both
of these were provided by: the DBTAC Mid-Atlantic
ADA Center (I am very grateful for the assistance they provided in this research.)
(This
is an ongoing project and I will be expanding the links here as I find more information.
If you know of a good site or source of information concerning ADA compliance,
please email me at DepotDazed@gmail.com.)
VIRGINIA
DEPARTMENT OF TRANSPORTATION LINKS:
of particular note in this document is the Funding Best Practices section (p.
119) that provides some information about how other jurisdictions have come up
with innovative ways to fund special programs such a bicycle network paths. (p.53
gives specific information on slope/grade requirements) p.78:"Americans
with Disabilities Act. Signed in to law in 1990, the ADA requires any facility
that is open to the public (e.g., restaurants, offices, sidewalks, buses) to be
accessible to people with disabilities.
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