Explanation
1. BACKGROUND
The purpose of this legislation is to create a reimbursement mechanism, for developers of property or public agencies who build public sidewalk curb ramps and required pedestrian pushbuttons off premises, in order to comply with maintaining a Pedestrian Accessible Route as required by the Americans with Disabilities Act of 1990, and all regulations and amendments promulgated thereto. This legislation establishes the authority of the Director of Public Service to, upon request by the developer or public agency building off-site curb ramps and required pedestrian pushbuttons, require reimbursement from the developer of the parcel abutting the off-site curb ramps for reasonable design, construction and bonding costs of building said improvements for a period of up to ten years following final acceptance of the off-site curb ramp construction.
This legislation is expected to ensure that public pedestrian facilities continue to be constructed compliant to the Americans with Disabilities Act of 1990 ("ADA"), and all regulations and amendments promulgated thereto, in a timely and equitable manner to the builders of curb ramps in the city of Columbus.
On February 9, 2009, Columbus City Council adopted Ordinance 0128-2009, reorganizing the Transportation Division into three new divisions, one of which is the Division of Mobility Options. Among the primary duties of the Division of Mobility Options is ADA services.
In March, 2009, the Division of Mobility Options began drafting updates to city ADA engineering standards and procedures. The Division met numerous times with representatives of the Building Services Review Committee ("BSRC") to review the draft changes with the BSRC and gain their input. Among other comments, the BSRC requested city staff explore the possibility of reimbursement from future developers benefitting from the construction of off-site curb ramps required to maintain ADA compliance for the first developer.
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