ADA Transition Plan

Town of Bethlehem ADA Transition Plan Amendment
Public Right-of-Way

The information provided below outlines recent efforts undertaken by the Town to ensure progress in addressing ADA accessibility issues within the public right-of-way.  Bethlehem has made a significant and long-term commitment to improving the accessibility of its public right-of-way. The purpose of the ADA Transition Plan Amendment, which is currently in development, is to ensure that the Town of Bethlehem identifies prohibited structural barriers to its public right-of-way, and, where structurally feasible, schedules and implements ADA-required improvements in order to remove those barriers.

Current Status

In 1993 the Town completed an ADA Self-Evaluation Plan, which was adopted by the Town Board.  The plan addressed ADA accessibility for Town buildings and parks, with limited evaluation provided for sidewalks and curb ramps.

On May 23, 2018 the Town Board amended the 1993 Self Evaluation Plan by adopting the ADA Transition Plan for Pedestrian Facilities within the Public Right-of-Way.

ADA Transition Plan Legal Requirements

The federal legislation known as the American with Disabilities Act (ADA), enacted on July 26, 1990, provides comprehensive civil rights protections to persons with disabilities in the areas of employment, state and local government services, and access to public accommodations, transportation, and telecommunications.  ADA regulations prohibit discrimination against individuals on the basis of disability and require state and local governments to make their programs and services accessible to persons with disabilities.  These requirements focus on providing accessibility by addressing and eliminating structural barriers associated with public facilities.

Title II of the ADA specifically applies to "public entities" such as the (state and local governments with 50 or more employees) and the programs, services, and activities they deliver. Title II Article 8, requires public entities to take several steps designed to achieve compliance.

One such step is the development of an ADA Transition Plan, which at a minimum shall include:

  1. A list of the physical barriers in a public entity's facilities that limit the accessibility of its programs, activities, or services to individuals with disabilities.
  2. A detailed outline of the methods to be utilized to remove these barriers and make the 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

A Transition Plan provides a method for a public entity to schedule and implement ADA required improvements to existing streets and sidewalks within the public right-of-way. Before a Transition Plan can be developed, an inventory of the current curb ramps and sidewalks must be developed.  The purpose of this amendment is to ensure the Town of Bethlehem creates reasonable, accessible paths of travel within Town roadway right-of-way for everyone, including people with disabilities.

Elements of the ADA Transition Plan Amendment

The purpose for updating the 1993 Self-Evaluation Plan is for the following reasons:

  1. Appoint an ADA Coordinator.  The ADA Coordinator is responsible for receiving all related ADA complaints of violations submitted to the Town and ensures the complaint is handled according to the grievance procedure adopted as part of the 1993 ADA Self-Evaluation Plan.
  2. Adopt a public right-of-way (sidewalks and curb ramps) component to the Town of Bethlehem 1993 ADA Self-Evaluation Plan, which includes an inventory and condition assessment of pedestrian facilities.
  3. Establish a schedule for making improvements to the pedestrian facilities so they comply with ADA requirements.  This schedule will also include the identification of annual funding needed to achieve compliance over a 20-year period.

Recently Completed Tasks

Design Standards

The Town will use the Public Right-of-Way Accessibility Guidelines (PROWAG), prepared by the US Access Board, when making improvements to pedestrian facilities.

Public Complaint/Grievance Process

Formal complaints or grievances regarding the ADA compliance of public facilities in the Town’s right-of-way can be made directly to the Town of Bethlehem’s ADA Coordinator using the Public Complaint and Grievance Form.  The Town follows the Complaint/Grievance procedure found in Section VI of the Town’s Self Evaluation Plan for Compliance with the Americans with Disabilities Act.  The form may be filled out and mailed to the ADA Coordinator or brought to the Town Supervisor's Office at the Bethlehem Town Hall (445 Delaware Ave, Delmar, NY) in person.  The ADA Coordinator will follow-up with the complainant with a formal response of the department’s findings.  All complaints or requests will be kept on file, along with any response or action taken.

Town of Bethlehem ADA Coordinator

The Town of Bethlehem’s ADA Coordinator for pedestrian facilities within the Town public right-of-way is the Highway Superintendent.  If you have a complaint under Title II of the ADA about pedestrian facilities you are encouraged to file your complaint with:

John Anastasi, Highway Superintendent
Town of Bethlehem Highway Department
74 Elm Avenue East
Selkirk, NY  12158

518-439-4955 x1598
janastasi@townofbethlehem.org

The ADA Coordinator for pedestrian facilities within the Town public right-of-way may change throughout the life of this transition plan as the individual acting as the Highway Superintendent changes.