americans with disabilities act transition plan: august 15, 2013 ...€¦ · americans with...
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Village of Lyons76 William Street, Lyons, NY 14489Phone: 315-946-4531, Fax 315-946-6206Website: www.lyonsny.com
August 15, 2013
Americans with Disabilities Act Transition Plan:Pedestrian Facilities in the Public Right-of-Way
S.
Table of Contents
Introduction . 3Legal Requirements 3
Obstacles to the Public Right-of-Way 3
Barrier Removal Priorities 4
Location Priority 4
Accessibility Condition 4
Priority Rank 4
Public Complaint Process 4
New Construction & Alterations S
Schedule S
Responsible Individual S
Public Input 6
Attachments 7
I
INTRODUCTION
The purpose of this plan is to ensure that the Village of Lyons creates reasonable,accessible paths of travel in the public right-of-way for everyone, including people withdisabilities. The Village of Lyons has made a significant and long-term commitment toimproving the accessibility of their pedestrian facilities. The Transition Plan identifiesphysical barriers and prioritizes improvements that should to be made throughout theVillage of Lyons. This Transition Plan describes the existing policies and programs toenhance the overall pedestrian accessibility.
LEGAL REQUIREMENTS
The federal legislation known as the American with Disabilities Act (ADA), enacted on July26, 1990, provides comprehensive civil rights protections to persons with disabilities in theareas of employment, state and local government services, and access to publicaccommodations, transportation, and telecommunications
Title II specifically applies to “public entities” (state and local governments) and theprograms, services, and activities they deliver. Title II Article 8, requires public entities totake several steps designed to achieve compliance. The plan shall, at a minimum includes:
1. A list of the physical barriers in a public entity’s facilities that limit the accessibilityof its programs, activities, or services to individuals with disabilities.
2. A detailed outline of the methods to be utilized to remove these barriers and makethe facilities accessible.
3. The schedule for taking the necessary steps to achieve compliance with Title II.4. The name of the official responsible for the plan’s implementation.
Transition plans provide a method for a public entity to schedule and implement ADArequired improvements to existing streets and sidewalks. Before a transition plan can bedeveloped, an inventory of the current curb ramps and sidewalks must be developed.
OBSTACLES TO THE PUBLIC RIGHT-OF-WAY
The Village of Lyons has identified and assessed obstacles in the public right of waythrough the use of an Inventory Tool.
In order to remove these identified barriers to accessibility, the Village of Lyons utilizesmany different approaches in removing barriers in the public right-of-way, includingproactively identifying and eliminating the barrier, responding to public complaints,and ensuring the appropriate design and build-out of new construction following the mostrecent design guidelines.
I
BARRIER REMOVAL PRIoRITIEs
The Village of Lyons bases barrier removal priorities on two factors: location and theaccessibility condition of the intersection.
Location Priority
The Village has identified its location priority as follows:
1. Intersections serving government facilities,2. Intersections serving commercial and employment centers, and3. Intersections serving other areas.
Accessibility Condition
Using the data collected from the Inventory Tool, an accessibility condition can bedetermined.
Priority Rank
In order to determine the overall priority of an intersection, the following matrixwas used.
____________________
Location_Priority
____________________
1 2 3Locations serving Locations serving
Locations servingAccessGovernment Commercial &
Other AreasConditionFacilities Employment Centers
Red 1 2 3Yellow 1 2 3Green 1 2 3
The priority of improvements is based on identifyingwhich of the intersectionsbased on are high, medium, or low priority location and amount of barriers forremoval found (red, yellow, and green).
PUBLIC COMPLAINT PROCESS
The public complaint process is an integral part of the Transition Plan. Public complaints orrequests may often drive the prioritization of improvements. To file a complaint or arequest regarding accessibility of a sidewalk or curb ramp, contact the ADA Coordinator inwriting and describe the issue in detail, including the location. The ADA Coordinator willroute this information to the appmpriate village department for inspection and possibleaction. That department will then respond to the ADA Coordinator with its findings, andthe ADA Coordinator will record the formal response and reply to thecomplainant/requestor. All complaints or requests will be kept on file and will include theresponse. Attachment B is a copy of the Village of Lyons’ public Grievance Procedure forPedestrian Facilities in the Public Right-of-Way.
I
NEW CONSTRUCTION & ALTERATIONS
In order to ensure the correct design of curb ramps, sidewalks, and crosswalks in newconstruction and alterations, the Village of Lyons follows NYSDOT design specifications(see Attachment A). Whenever there is an intersection improvement project or newconstruction project, any affected curb ramps, sidewalks, and crosswalks will be rebuilt tothese ADA design guidelines, where feasible and reasonable.
SCHEDULE
As opportunity allows, the Village of Lyons will make efforts to improve the ADAAccessibility of pedestrian facilities in the public right-of-way. At this time, the Village ofLyons has allocated $3,000 annually for sidewalk improvements. There is a five year plan forstreets to be scheduled for ADA compliance. Queen Street, Jackson Street, Catherine Street,Shuler Street, Franklin Street, Elmer Street, Maple Street. Note that this schedule is flexible, aschanges may occur such as additional funding, storms, improvements due to power andelectric companies, etc. There will be times when is it technically infeasible to providetechnical compliance: for example, if clear space at the top of the ramp is obstructed by abuilding or the slope of a hill is so extreme as to prevent a reasonable slope for a ramp inboth directions. The inventory process may not account for such situations and could showa high-priority rating when all feasible actions have been taken.
Additionally, given a program as broad and comprehensive as the Village’s pedestriannetwork, the Village will follow the concept of Program Access under Title II of the ADA.Program Access does not necessarily require a public entity to make each of its existingfacilities accessible to and usable by individuals with disabilities, as long as theprogram as a whole is accessible. Under this concept, the Village may choose notto install a sidewalk at some locations (or to install them as a lower priority later), aslong as a reasonable path of travel is available even without the sidewalk.
Responsible Individual
The official responsible for the implementation of the Village of Lyons’ ADATransition Plan for the pedestrian facilities in the public right-of-way is:
Dennis AlvaroADA CoordinatorPhone Number: 315-946-4531Fax Number 315-946-6206
I
PUBLIC INPUT
The Village of Lyons provided opportunities for individuals to comment on thisTransition Plan, which included:
• Document copies available and notices sent to local public libraries
• Document made available on the village’s website
• Open house and presentation at a public meeting the second Tuesday of each month
and is scheduled for September 10, 2013
The Village of Lyons published legal notices in the major newspaper(s), Times of Waynestarting on April 14, 2013. The legal notices announced the availability of the TransitionPlan draft at the Village Hall with easy public access. Hardcopies of the finalized plan willbe available at the Village Hall and the Lyons Public Library. These notices also providedinstructions regarding the timetable for comments and where to send them. Publiccomments were accepted for a period of no less than 30 days, and still being acceptedtoday. Public comment form is available on Attachment C.
Formal adoption of the Transition Plan will take place on September 10, 2013. It willbe available on the web and by written formal request to the ADA Coordinator.
I
ATTACH M ENTS
A - Current List of Barriers for Removal in PrioritySchedule OrderB- ADA Complaints ProcedureC- Public Comment and Response FormD — ADA Policy Statement
I
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Attachment B-ADA Complaints Procedure
PUBLIC NOTICE
VILLAGE OF LYONS
Please take notice that the Village of Lyons is in the process of compiling an ADA (American withDisabilities Act) Transition Plan. The Village of Lyons invites the public to become involved in thisprocess through written comments or attendance at Village Board meetings, held the second Tuesday ofeach month at 6:00 P.M. at the Village Hall, 76 William Street, Lyons, N.Y. (315-946-4531). The Mayorhas appointed Deputy Mayor, Trustee Dennis Alvaro as Coordinator of the Village of Lyons ADATransition Plan for pedestrian facilities in the public right-of-way. He can be reached at 315-946-4531 orby fax 315-946-6206 or filing a form to be provided at the Village Hall, 76 William St., Lyons, N.Y. 14489.
To file a complaint, request or offer suggestion regarding accessibility of a sidewalk or curb ramp,contact the ADA Coordinator who will route this information to the appropriate village department forinspection and possible action. The Coordinator will respond to the complainant/requestor.
BYORDEROFTHEVILLAGE BOARDLYONS, NEW YORK.
Dated at Lyons, New YorkApril 11, 2013
Attachment C - PUBLIC COMMENT AND RESPONSE FORM
Date of Comment:
Name of Person:
Comment;
Response:
Attachment D-ADA Policy Statement
VILLAGE OF LYONS76 William Street
Lyons, New York 14489
Americans with Disabilities Act Transition Plan (ADA): Pedestrian Facilities in the Public Right-of-Way
Introduction:
The purpose of this plan is to ensure that the Village of Lyons creates reasonable, accessible paths oftravel in the public right-of-way for everyone, including people with disabilities. The Village of Lyons hasmade a significant and long-term commitment to improving the accessibility of their pedestrianfacilities. The Transition Plan will identify physical barriers and prioritize improvements that should bemade throughout the Village of Lyons. This Transition Plan will describe the existing policies andprograms to enhance the overall pedestrian accessibility.
Legal Requirements:
The federal legislation known as the American with Disabilities Act (ADA) enacted on July 26, 1990provides comprehensive civil rights protections to persons with disabilities in area of employment, stateand local government services, and access to public accommodations, transportation andtelecommunications. NYS Standards are followed.
Title II specifically applies to “public entities” (state and local governments) and the programs, servicesand activities they deliver. Title II Article 8, requires public entities to take several steps designed toachieve compliance. The Village plan will, at a minimum include:
1. A list of the physical barriers in a public entity’s facilities that limit the accessibility of itsprograms, activities, or services to individuals with disabilities.2. A detailed outline of the methods to be utilized to remove these barriers and make thefacilities accessible.3. The schedule for taking the necessary steps to achieve compliance with Title II.4. The name of the official responsible for the plan’s implementation
The Village is in the process of identifying and assessing obstacles in the public right of way through theuse of an Inventory Tool. Barrier Removal Priorities based on location priority and accessibilityconditions will be a part of the inventory process. It is very important that the public be aware thattheir involvement in this plan is a valuable component to the Village in compiling a workable plan ofcompliance. Your involvement is solicited in developing the ADA Transition Plan.
PUBLIC COMPLAINT:
Public Complaint, Suggestions and Comments can also be an integral part of the Transition Plan. Public
comments may often drive the prioritization of improvements. To file a comment or request please
contact Dennis Alvaro, ADA Coordinator for the Village of Lyons at Village of Lyons, 76 William Street,
Lyons, N.Y. 14489, (315-946-4531).
Public Input:
Public Comment and Response Forms are available on this website under ADA category. The Village of
Lyons welcomes your participation and unique outlook as to how the Village can meet and exceed ADA
Z:\ADA.doc
requirements and recommendations. Public involvement in the Village ADA plan has been a valuable
component to the Village in compiling a workable plan of compliance. We continue to solicit your
additions to the ADA Transition Plan.
An inventory of the Village of Lyons streets is included with this Transition Plan. The inventory is color
coded to status of the ADA.
The plan to complete the ADA requirements is through an annual appropriations for materials to bring
the sidewalk intersections into compliance. Plans are to complete the requirements as the Village
authorizes paving projects and the barriers as designated and appropriate intersection corrections will
be made.
The Village will complete sidewalk handicapped access at locations on Broad and Water Street this
2013-2014 fiscal year. In addition Queen Street from the intersection of Route 14 (Geneva Street to
Butternut and Dickerson Streets) will be brought into compliance as needed per the attached inventory
list. For the most part sidewalks left that need to be brought into compliance are residential locations
within the Village. As stated above the Village will annually include ADA compliance with our paving
projects. Our Downtown Historic Village, County of Wayne Campus and NYS Highways 14 and 31 have
been completed.
Corrine Kleisle, MayorLyons Village Board8/15/13
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