Transportation forum sidewalk research presentation 4 5 17 pptx

Identifying Impediments and Solutions to Sidewalk Project Implementation in Pennsylvania

2017 Transportation Forum

civil and environmental engineering

Research Team Mark J. Magalotti Ph.D.,P.E. Principal Investigator Bradley DiCola P.E. Researcher Blaine Lucas J.D. Researcher Yuan Hu, Student Research Assistant Halima Bariyeh, Student Research Assistant Chris Metka, PennDOT Technical Advisor

civil and environmental engineering

Purpose of Research Project Evaluate the implementation issues of sidewalk projects that are funded through various federal programs administrated by the Pennsylvania Department of Transportation (PennDOT) Identified specific problems and potential solutions through a review of past and current projects

civil and environmental engineering

Tasks Performed

• Literature Research; • Current Practice Identified through Surveys and Case Studies; • Laws and Responsibilities in Pennsylvania and • Recommendations

civil and environmental engineering

Background of Research Project

Previous and Current Federal Funding Methods used to Construct Sidewalks include:

• • • • •

Safe Routes to School (SRTS); Transportation Enhancements (TE); Pennsylvania Community Transportation Initiative (PCTI); Transportation Alternatives Program (TAP); and The Multi-Modal Fund

civil and environmental engineering

Background of Research Project

• Numerous projects have been funded however many have been delayed and canceled • PennDOT wanted to know:

 Why projects were delayed and canceled;  How the process could be improved;  How to achieve the goal of constructing more sidewalks to promote pedestrian activity in Pennsylvania

civil and environmental engineering

Literature Research Summary

Sources Evaluated Included: • Current PennDOT Funding Programs; • PennDOT Design Guidance and Implementation Process; and • Current Research and other Jurisdictions’ Practices, Programs, and Policies

civil and environmental engineering

Literature Research Summary

Current PennDOT Funding Programs State and federally-funded sidewalk projects are designed and constructed as:  Stand-alone projects, that only construct sidewalks using specific funding programs  In combination with other projects types, such as a highway or bridge projects  Safety and Mobility Programs ( Corridors, Intersections and traffic signals

civil and environmental engineering

Literature Research Summary

Current PennDOT Funding Programs

civil and environmental engineering

Literature Research Summary

PennDOT Design Guidance and Implementation Process

civil and environmental engineering

Literature Research Summary

PennDOT Design Guidance and Implementation Process PennDOT Design Manual Part 2 references to Sidewalks: ďƒ˜ Provides design standards and ADA requirements; and ďƒ˜ Local municipalities are responsible for all maintenance outside the curb lines, which includes sidewalks;

civil and environmental engineering

Literature Research Summary PennDOT Design Guidance and Implementation Process PennDOT Design Manual Part 2 references to Sidewalks: ďƒ˜ Maintenance agreements are required for all sidewalk projects; and ďƒ˜ If the municipality refuses the maintenance agreement, the state can cancel the project

civil and environmental engineering

Literature Research Summary

Current Research and other Jurisdictions’ Practices, Programs, and Policies – Most states provide design guidance only Washington and North Carolina were identified as states having maintenance and construction policies that address the issue of coordination with local governments. civil and environmental engineering

Literature Research Summary

Current Research and other Jurisdictions’ Practices, Programs, and Policies

Municipal Population

Participation DOT

Local

> 100,000

50%

50%

50,000 to 100,000

60%

40%

10,000 to 50,000

70%

30%

< 10,000

80%

20%

civil and environmental engineering

Current Practice Identified through Surveys and Case Studies Data gathering performed included: • • • •

PennDOT District Survey; Other State DOT Survey; Pennsylvania Municipal Survey and Project Case Studies

civil and environmental engineering

Current Practice Identified through Surveys and Case Studies PennDOT District Survey Structure

civil and environmental engineering

Current Practice Identified through Surveys and Case Studies PennDOT District Survey Results:  The majority of the respondents (52%) stated that sidewalk projects were delayed or cancelled due to process implementation issues  The specific issues encountered for the sidewalk portion of the project were  Ownership and maintenance agreements  Obtaining right of way (ROW) and easements – most common 80%  Americans with Disabilities Act (ADA) compliance and  Consultants not being familiar with PennDOT design standards. civil and environmental engineering

Current Practice Identified through Surveys and Case Studies PennDOT District Survey Results For projects that were delayed due to cost, the major issues identified were:

ď&#x192;&#x2DC; Construction costs being underestimated; and ď&#x192;&#x2DC; Engineering costs being greater than those estimated and budgeted.

civil and environmental engineering

Current Practice Identified through Surveys and Case Studies PennDOT District Survey Results Best practices recommended to overcome sidewalk implementation issues included:

   

Using a consultant who has PennDOT experience; Involving the public early in the process; Avoiding right-of-way acquisition if possible; and Working with a municipality on the maintenance agreement early in the process civil and environmental engineering

Current Practice Identified through Surveys and Case Studies Other State DOT Survey Structure

civil and environmental engineering

Current Practice Identified through Surveys and Case Studies Other State DOT Survey ď&#x192;&#x2DC; 63% indicated that their state does not maintain sidewalks along state highways;

ď&#x192;&#x2DC; 56% require the municipality to take ownership;

civil and environmental engineering

Current Practice Identified through Surveys and Case Studies Other State DOT Survey ď&#x192;&#x2DC; 44% require the property owner or others to assume ownership;

ď&#x192;&#x2DC; Project cancellation or delay issues were identified by about 50% of the survey respondents

civil and environmental engineering

Current Practice Identified through Surveys and Case Studies Pennsylvania Municipal Survey Structure

civil and environmental engineering

Current Practice Identified through Surveys and Case Studies Pennsylvania Municipal Survey – Results based on Government Structure:  90% of all townships and cities require property owners to maintain their sidewalks;  The majority of local governments do not perform inspections or enforce maintenance requirements;  67% of municipalities require the construction of new sidewalks as part of land development ordinances

civil and environmental engineering

Current Practice Identified through Surveys and Case Studies Pennsylvania Municipal Survey – Results based on Government Structure:  The biggest challenges to taking ownership of PennDOT constructed sidewalks were;  Limited municipal human resources; and  Funding to perform maintenance activities

 50% of cities that responded to the survey, do use municipal funds for installing sidewalks

civil and environmental engineering

Current Practice Identified through Surveys and Case Studies Pennsylvania Municipal Survey â&#x20AC;&#x201C; Results based on Government Structure: For municipalities that own sidewalks along state highways, the path to ownership of sidewalks varied;

civil and environmental engineering

Current Practice Identified through Surveys and Case Studies Municipal Survey Sidewalk Ownership Origins

civil and environmental engineering

Current Practice Identified through Surveys and Case Studies Pennsylvania Municipal Survey Results based upon Community Character:  Urban communities require sidewalks at the highest rate of 94%  All communities cited lack of maintenance funds as most common reason to not accept sidewalks  Communities that own sidewalks along state highways vary as follows:    

53% urban; 48% village; 35% suburban; and 16% rural civil and environmental engineering

Current Practice Identified through Surveys and Case Studies

Project Development Phase

PennDOT Survey DOT Survey Causation Factors Causation Factors Construction costs underestimated Engineering costs being greater than estimated

Planning and Programing

Unanticipated or increased costs

Municipal Survey Causation Factors The majority of local governments do not perform inspections and enforce maintenance requirement for sidewalks.

Used other funding sources from nontransportation sources such as CDBG grants or municipal funds Suburban and Rural communities are significantly less likely to require the construction of sidewalks as part of new developments when compared to Urban and Village communities Sidewalks requirements can be waived based upon the circumstances by elected officials, the planning commission or other appointed body, or municipal building or code enforcement personnel

civil and environmental engineering

Current Practice Identified through Surveys and Case Studies Project Development Phase

PennDOT Survey DOT Survey Causation Factors Causation Factors

Municipal Survey Causation Factors

Ownership and maintenance

No specific maintenance standards for the ownership of new sidewalks

Limited municipal human resources and funding to perform maintenance activities

Consultants not being familiar with PennDOT design standards

Establishing maintenance and ownership agreements

Suburban, rural, village and â&#x20AC;&#x153;otherâ&#x20AC;? communities do require maintenance of sidewalks but few inspect them or enforce the requirements

Construction costs being underestimated

Unanticipated or increased costs

Project Start Up

Stricter interpretation of Engineering costs being storm water treatment greater than those requirements drove up estimated costs significantly

civil and environmental engineering

Current Practice Identified through Surveys and Case Studies

Project Development Phase

PennDOT Survey DOT Survey Causation Factors Causation Factors

ADA compliance

Preliminary Engineering

Obtaining right of way and easements

Municipal Survey Causation Factors

Acquiring right of way/easements

Designing to include appropriate ADA features Designing to include appropriate storm water features Stricter interpretation of the details needed for temporary and construction easements.

civil and environmental engineering

Current Practice Identified through Surveys and Case Studies Project Case Studies – Summary of Cases Selected  10 Projects selected  Six different PennDOT Districts  interviewees were PennDOT Enhancements or TAP Coordinators  Funding sources included SRTS, TAP, TE, bridge program and SFX funds

civil and environmental engineering

Current Practice Identified through Surveys and Case Studies Project Case Studies â&#x20AC;&#x201C; Summary of Cases Selected

civil and environmental engineering

Current Practice Identified through Surveys and Case Studies Project Case Studies – Findings  Consultants - Unfamiliar with PennDOT processes;  Programmed Project Costs - Estimates for the project were flawed;  Local Sponsors;  Lack of will in pushing the project forward;  Lack of experience with PennDOT project requirements; and  Refused to sign the Maintenance Agreement for non-TAP projects involving sidewalks

civil and environmental engineering

Current Practice Identified through Surveys and Case Studies Project Case Studies – Findings  PennDOT Coordination and Review – Limited availability to work on projects and resources;

 Right-of-Way - Inconsistency between consultant plans and local sponsor acquisition paperwork, need to redesign a project to avoid unnecessary takes

civil and environmental engineering

Current Practice Identified through Surveys and Case Studies Project Case Studies – Findings  Funding Source Deadlines:  Pre-TAP funding sources, no deadline was set for use of the funding;  For complex TAP projects a two-year timeframe to move through the Project Development process was not adequate

 ADA Requirements - significant costs added to the programmed budgets resulting in reduced funding available for sidewalks.

civil and environmental engineering

Laws and Responsibilities in Pennsylvania Current Pennsylvania laws impact sidewalk construction based on the following factors: • Governing Laws;

• Maintenance and Repair Responsibility; and • Tort Liability

civil and environmental engineering

Laws and Responsibilities in Pennsylvania

civil and environmental engineering

Laws and Responsibilities in Pennsylvania Governing Laws ď&#x192;&#x2DC; State law is clear that PennDOT does not have the responsibility to construct sidewalks along a state highway; ď&#x192;&#x2DC; law does permit PennDOT to accept such responsibility in a township if a safety issue is identified

civil and environmental engineering

Laws and Responsibilities in Pennsylvania Governing Laws ď&#x192;&#x2DC; Permission of PennDOT is required for either the property owner or the city to construct sidewalks along a State highway Occupancy Permit (HOP); ď&#x192;&#x2DC; All municipalities in Pennsylvania have the ability to require property owners to construct sidewalks adjacent to their property

civil and environmental engineering

Laws and Responsibilities in Pennsylvania Maintenance and Repair Responsibility ď&#x192;&#x2DC; State law does not place maintenance responsibility for sidewalks along a State highway on PennDOT;

ď&#x192;&#x2DC; Municipal laws authorize first and third class cities to require property owners to maintain sidewalks

civil and environmental engineering

Laws and Responsibilities in Pennsylvania Maintenance and Repair Responsibility ď&#x192;&#x2DC; The second class city code does not expressly state that maintenance is required but it is implied;

ď&#x192;&#x2DC; Boroughs and townships have similar powers to require maintenance of sidewalks along State highways by property owners

civil and environmental engineering

Laws and Responsibilities in Pennsylvania Tort Liability  “Primary” liability for injuries or accidents on sidewalks lies with the property owner;  “Secondary” liability for injuries occurring on sidewalks along State highways lies with the municipality; and  PennDOT may be secondarily liable where: • The sidewalk was constructed by or with funding from PennDOT for a road in a township where a safety issue was identified; and • PennDOT acquired the land via purchase or eminent domain

civil and environmental engineering

Recommendations

civil and environmental engineering

Recommendations Recommendations were made in the following key areas to improve the process and achieve the goals: • Project Programming and Funding Applications;

• Project Implementation Process; and • State and Local Government Coordination

civil and environmental engineering

Recommendations

civil and environmental engineering

Recommendations Recommendations were made in the following areas to improve the process and achieve the goals: â&#x20AC;˘ Project Programming and Funding Applications; ď&#x201A;§ Provide better guidance to project sponsors on how to prepare a cost estimate and require a submission of a conceptual level plan: ď&#x201A;§ Add information in the TAP guidance document suggesting types of procedures that can be used when engaging a design consultant to ensure a local sponsor is using a qualified consultant.

civil and environmental engineering

Recommendations Recommendations were made in the following areas to improve the process and achieve the goals: â&#x20AC;˘ Project Programming and Funding Applications; PennDOT should review the application budget, including the estimated engineering costs and provide comments based upon their experience for directly engaging a consultant to do similar projects.

civil and environmental engineering

Recommendations Recommendations were made in the following areas to improve the process and achieve the goals: • Project Implementation Process  Consider extending the time period for implementation of more complex projects to a four year funding cycle;  The TAP guidance document should develop a responsibility matrix for each step of the project development process

civil and environmental engineering

Recommendations Recommendations were made in the following areas to improve the process and achieve the goals: • Project Implementation Process  PennDOT should perform the right-of-way acquisition for TAP sidewalks projects to expedite the projects:  During the project development process and in the application, ADA compliance costs should be included and updated with each submission; and  PennDOT should add a definition of sidewalk maintenance to both the reimbursement agreement and the sidewalk maintenance agreement. civil and environmental engineering

Recommendations Recommendations were made in the following areas to improve the process and achieve the goals: â&#x20AC;˘ State and Local Government Coordination ď&#x201A;§ PennDOT should consider taking maintenance responsibility for sidewalks in specific situations with compensation provided by the local municipality; ď&#x201A;§ PennDOT should consider adding a provision to the reimbursement and maintenance agreements that municipalities must have in place an ordinance requiring the property owner to maintain the sidewalk civil and environmental engineering

Recommendations Recommendations were made in the following areas to improve the process and achieve the goals: • State and Local Government Coordination  Encourage municipalities to consider taking on repair responsibility for property owners and then assessing the owners for that cost;  Increase the minimum sidewalk TAP funding amount to $200,000 including those administered by the large MPOs; and  Consider offering to local partners pre-construction and construction inspection services for their TAP projects as group projects administered by PennDOT. civil and environmental engineering

Recommendations Recommendations were made in the following areas to improve the process and achieve the goals: • State and Local Government Coordination  Identify alternative funding sources for sidewalk projects in Pennsylvania for projects less than $200,000;  Modify the Municipalities Planning Code to treat new sidewalks as transportation facilities similar to new streets and require their construction in most situations.

civil and environmental engineering

Recommendations Recommendations were made in the following areas to improve the process and achieve the goals: • State and Local Government Coordination  Permit municipalities to use liquid fuels funding to maintain sidewalks;  Consider shared funding arrangements between PennDOT and municipalities to pay for the maintenance of sidewalks.

civil and environmental engineering

Summary Recommendations were made in the following areas to improve the process and achieve the goals: • Project Programming and Funding Applications;

• Project Implementation Process; and • State and Local Government Coordination

civil and environmental engineering

Research Findings and Recommendations

Questions

civil and environmental engineering