Appendix A: Mission of the Pedestrian Safety Board

 

The Morgantown Pedestrian Safety Board’s mission is to promote a walkable environment throughout the City by developing safe, attractive, and accessible walkways that connect neighborhoods and destinations.

 

The Morgantown Pedestrian Safety Board meets the 2^nd Monday of every month from 4:00-5:30 PM in the Morgantown Public Safety Building.

Appendix B: Guidelines for the Pedestrian Safety Board

 

Article I - Organization

 

• 1.1   Authority:   Morgantown City Traffic Commission is authorized to appoint standing committees and thereby has acted to appoint a Municipal Pedestrian Safety Board.   The Pedestrian Safety Board shall serve as a standing committee of the Traffic Commission. At least one member of the Traffic Commission shall be designated to serve as a member of the Pedestrian Safety Board. The Traffic Commission is responsible to the City Manager.

 

• 1.2   Purpose of the Pedestrian Safety Board:  The purpose of the Pedestrian Safety Board shall be to:

 

1. review and support the implementation of Article 913 on Sidewalks and any other provisions in the Morgantown Municipal Code pertaining to pedestrian travel, safety, and accessibility;
2. work to improve the safe walkability of Morgantown so as to reduce traffic demands, afford better air quality, increase public access, reduce pedestrian accidents, and improve public health;
3. promote and lead the development of a Pedestrian Safety Action Plan in accordance with the standards established by the Federal Highways Administration and the West Virginia Department of Transportation;
4. Make recommendations for expanding and improving pedestrian infrastructure, signage, safety, capacity, facilities, and streetscapes for pedestrians on streets, trails, or other land use design which facilitates pedestrian movement;
5. advocate for the provision of pedestrian travel opportunities to and from locations such as residential, employment, commercial, education, recreational areas, and transit routes and centers;
6. encourage practice, enjoyment, and awareness of the benefits of walking and the development of a walkable community.

 

 

1.3   Duties: The duties of the Pedestrian Safety Board shall be as follows:

 

• a.       advise and consult with the Traffic Commission, the City Manager, and the City Engineer on any matter pertaining to pedestrian accessibility and safety;
• b.      study the transportation problems and needs of the City and make specific recommendations to the Traffic Commission and the City Manager and to the City Council and Greater Morgantown Metropolitan Planning Organization as authorized;
• c.       review City plans and policies which contain matters relating to roadways, transit, and non-motorized transportation;
• d.      create a City pedestrian safety plan which promises by specific time frames the  creation and maintenance of pedestrian access to strategic services throughout the City;
• e.       facilitate the planning and implementation of public education on walking and walking opportunities throughout the City;
• f.       promote and coordinate participation in all public planning in order to assure representation of public interests pertaining to pedestrian needs;
• g.      work with the Traffic Commission and other City Departments as needed to fulfill the purpose of the Pedestrian Safety Board.

 

 

Article II - Membership

 

• 2.1      Membership:  The members of the Pedestrian Safety Board shall be appointed by the Traffic Commission and have an interest and experience in pedestrian issues as well as the ability to attend no less than four meeting per year. The membership of the Pedestrian Safety Board shall include ten representatives from the City, five appointees from the Greater Morgantown area, one member from the Youth Commission, a representative of WVU Administration, and a representative designated by the WVU Student Administration.   One or more members shall be appointed members of the Traffic Commission. Pedestrian Safety Board members shall serve three-year terms without compensation. Representatives of the Transit Authority, the Board of Parks and Recreation Commissioners and other city departments or commissions may be invited to serve as ex-officio voting members. 

 

 

Article III - Meetings

 

• 3.1    Regular Meetings:  Meetings shall be conducted in compliance with the West Virginia Public Meetings Law and open to the general public.  Meetings shall occur monthly or no less than quarterly. Dates of meetings will be decided upon at the previous meeting.  All meetings will be publicized using whatever reasonable means available.  Notices shall be distributed no less than seven (7) days before a meeting is to take place.  However, failure by a member to receive a meeting notice does not mean that a meeting is invalidated.

 

• 3.2    Special Meetings:  Special Meetings of the members may be called upon the written request of a majority of the voting members to consider a specific subject. Meetings shall be conducted in a location owned and operated by the City of Morgantown which is handicapped accessible. Notice for time and place of any Special Meeting is to be given using whatever reasonable means available.  No business other than the subject of the Special Meeting shall be transacted at said meeting.

 

• 3.3    Quorum: Fifty percent (50%) of the voting members shall constitute a quorum for the transaction of business. Meeting attendance reports shall be reported to the City Clerk by the Secretary.

 

 

Article IV - Officers

 

• 4.1  Officers:  The officers of the Pedestrian Safety Board shall be a Chairperson, Vice Chairperson, and Secretary, all of whom shall be elected from the Pedestrian Safety Board Membership. Officers elected shall hold term for one (1) year and be eligible for re-election. All nominees shall be inquired as to their willingness to serve if elected, prior to their name being placed in nomination.

 

• 4.2  Chairperson:  The Chairperson of the Pedestrian Safety Board shall prepare an agenda, call all meetings, preside at all meetings, and be a consulting member of all committees formed.

 

• 4.3  Vice-Chairperson:  The Vice Chairperson shall act as Chairperson in the absence of the Chairperson.  The Vice-Chairperson shall have such other duties, as the Pedestrian Safety Board may authorize from time to time to be assigned to the office.

 

• 4.4  Secretary:  The Secretary shall be responsible for keeping a recording of adequate records of all meetings of Pedestrian Safety Board and for submitting reports of the Pedestrian Safety Board to the City Manager as needed or requested.

 

 

Article V - Committees

 

5.1 Committees:  The Pedestrian Safety Board may establish committees to carry out the functions related to its responsibilities.

 

 

Article VI - Finances 

 

6.1 Fiscal Responsibilities: The Pedestrian Safety Board shall not have the authority to maintain any account or to receive any gifts, endowments, bequests and investments. Any such account shall be maintained as directed by the City Manager.

 

 

Article VII - Change to These Standards of Operation

 

7.1 Amendments: Changes to these procedures may be recommended by a two-thirds (2/3) vote of the Pedestrian Safety Board membership and must be approved by the Traffic Commission. 

 

Approved by action of the Morgantown Traffic Commission,                         

 

Date:  August 1, 2007

 

Dr. Ron Eck                                                                                          Terry Hough

Traffic Commission Chair                                                                 Director of Public Works

Proposed Addition to Pedestrian Safety Board Guidelines – March 17, 2008

 

5.2 Sponsorship of Events: Whenever the Pedestrian Safety Board plans to sponsor a public event, the Board must review all program plans, publicity, and financial planning by the event committee in advance of any publicity. After reviewing the plans and giving its approval, the Board must in turn receive approval for the complete plans by the Traffic Commission and receive authorization in advance of publicity for event sponsorship by the City Manager. A written report on the event shall be submitted to the Pedestrian Safety Board by the event committee. The Board shall also submit a written report on the outcome of the event to the Traffic Commission and the City Manager.

 

 

Appendix C: Pedestrian Safety Board Membership

 

Officers:

Christiaan Abildso (2^nd Ward), Chairperson;

Bill Reger-Nash (outside city limits), Vice Chairperson;

Angela Wiley (Youth Commission), Secretary

 

Contributing Members:

Bob Anderson (1^st Ward)

Roz Becker (2^nd Ward)

Tom Bias (1^st Ward)

Ilana Chertok (outside city limits)

Stan Cohen (2^nd Ward)

Becca Fint-Clark (2^nd Ward)

Greg Good (2^nd Ward)

David Harshbarger

Rick Landenberger

George Lilley (outside city limits)

Rob Moyer

Jonathon Bond (WVU Student Government Association)

Judy Reckart (outside city limits)

Pat Reilly

Jimmie Simmons (3^rd Ward)

Don Spencer (Traffic Commission)

Martha Summers

Maria Smith (ex-officio, Mountain Line Transit Authority)

Appendix D: City Council “Complete the Streets” Policy

 

RESOLUTION ON USE OF  COMPLETE THE STREETS POLICY                                       

IN PLANNING ROAD IMPROVEMENTS IN THE CITY OF MORGANTOWN

AND ADJACENT AREAS

 

 

Whereas, the Morgantown Traffic Commission and its Bicycle and Pedestrian Safety Boards encourage the development of a transportation system that enhances, and   not discourage, transit, bicycling and walking to reduce traffic congestion, and

 

Whereas, the 2007 Greater Morgantown MPO Regional Transportation Plan recommends               41 improvements for non-motorized transportation including installations and               upgrades in sidewalks, street lighting and bicycling capacities on roadways in      addition to a significant increase in transit services to address vehicle miles               traveled (VMT) and congestion issues, and 

 

Whereas, the West Virginia Department of Transportation identified Morgantown in the     year 2000 as already having 16% of its population using modes of travel other       than automobiles to travel to work, and

 

Whereas, the National Complete the Streets Coalition has presented studies which               suggest that as many as 1/3 of all Americans do not drive motorized vehicles and       thereby advocates for state and local governments and planners to create streets           which are safe, comfortable, convenient for travel via foot, bicycle, transit as well   as automobiles by multi-modal users of all ages and abilities, and

 

Whereas, Complete Streets are cited to 1) improve safety for people walking and     bicycling, 2) encourage healthy travel alternatives which help reduce obesity and        promote public health, 3) increase the capacity of a transportation network, 4)        help children get physical activity and gain independence, 5) support the well-              being of increasing numbers of older adults,  6) address air quality concerns, and     7) make fiscal sense by preventing the needs for retrofitting streets after initial           project construction is complete and by reducing the per capita demand for         investment in auto infrastructure such as expensive parking garages, and 

 

Whereas, there is no one specific prescription for establishing Complete Streets but              some common features which need to be present such as sidewalks, bike lanes           (road space), wide shoulders, plenty of crosswalks, refuge medians, bus pullouts   or special bus lanes, raised crosswalks, audible pedestrian signals, and sidewalk               bulb-outs, and

 

Whereas, 14 states, six counties, 10 regional governments, and 52 cities have            Complete Streets policies and since last year states such as Illinois, California and   Massachusetts with 11 more cities including Seattle, WA, Honolulu, HI, Chicago,            IL, Salt Lake City, UT, Madison, WI, Jackson, MI, Martinsville, VA, and               Binghamton, NY have approved Complete Streets policies since last year, and

 

Whereas, the American Planning Association has selected 10 streets for “Great Places”       recognition and each street includes all features proposed by Complete the Streets           Coalition, and

 

Whereas, Federal policy on roadway improvement calls for the inclusion of non-      motorized improvements within transportation corridors in a manner which      creates a comprehensive, continuous, and connected infrastructure for non-       motorized travelers, and

 

Whereas, the availability of infrastructure for non-motorized travelers serves as an               incentive for people to use transit, walking (study: +74%), and their bicycles       (study: + 23%) as transportation to help reduce congestion, to allow more        residents to complete day-to-day errands without a car, and to increase street           safety and promote public health, and

 

Whereas, a Complete the Streets policy for Morgantown would call for street capacity to   include transit, bicycle and pedestrian infrastructures which will improve the        City’s and the surrounding area’s transportation infrastructure,

 

 

Now, Therefore, Be It Resolved, the City of Morgantown agrees to support the         indispensability of Complete Streets solutions for its total population in the             planning, design, development, construction and maintenance of all corridor and         connector street projects located within or adjacent to the City and generated by     the State or the County resources, and

 

 Let it be further resolved, that Complete Street solutions include provision for use by          transit services, bicyclists, and pedestrians as well as automobiles in a manner     that fits the context of the community, its Comprehensive Plan, and federal        transportation safety standards. 

 

 

Adopted this ___________ day of December, 2007

 

 

                                                                                                  ______________________________

                                                                                                  Mayor, City of Morgantown

 

 

 

                                                                                                  Attest: _______________________­­­   

                                                                                                  City Clerk

 

 

REFERENCES

 

National Complete the Streets Coalition Steering Committee includes: AARP; America Walks; American Planning Association;  American Society of Landscape Architects; Institute of Transportation Engineers; League of American Bicyclists; McCann Consulting; National Center for Bicycling and Walking; Natural Resources Defense Council; National Parks Conservation Association; Smart Growth America; Surface Transportation Policy Project; Thunderhead Alliance.

 

According to the National Complete the Streets Coalition, the one-third of all Americans who do not drive licensed motorized vehicles includes: 21 % of all persons over the age of 65; all young people under the age of 16; many persons who are disabled; and persons who do not have incomes sufficient to purchase and operate a motorized vehicle.

 

A 1999 study by Macbeth on bicycle lanes in Toronto found a 23% increase in bicycle traffic after the installation of a bicycle lane. Another study by Giles-Corti and Donovan in 2002 includes outcomes which suggest that residents were 65% more likely to walk in a neighborhood with sidewalks.

 

The implementation of a Complete Streets approach in Portland, OR, in the 1990’s is reported to have resulted in a 74% increase in bicycle commuting. Since 1971 Oregon state laws has required that "Footpaths and bicycle trails…shall be provided whenever a highway, road or street is being constructed or relocated.”

 

The National Conference of State Legislators found in a study by Robbins and Morandi in December 2002 that the most effective policy avenue for encouraging bicycling and walking is “Complete Streets.” In another one of its cited studies, it was found that 16% more people will improve their activity to recommended levels with safe places to walk.

 

The Institute of Medicine, based on a study conducted in 2004, recommends fighting childhood obesity by designing streets with pedestrians in mind – sidewalks, raised medians, better bus stop placements, traffic calming measures, and treatments for disabled travelers. Another one of its cited studies conducted in 2003 found that installing these measures reduced pedestrian risk by 28%.  

 

In a National Household Transportation Survey by Clarke it was found that half of all trips in urbanized areas are three miles or less, manageable distances for walking and bicycling. Two polls by Belden, Russonello and Stewart in 2003 found that the majority of Americans would like to bike and walk more.

 

Local references are based on data and recommendations presented in the Greater Morgantown MPO Regional Transportation Plan published by the Greater Morgantown MPO, May 2007.

                                                                                   

The sources for other references, information and statements have been on the Complete the Streets Coalition, America Bikes, and Wikipedia websites

 

Appendix E: MPO Plan Non-Motorized Transportation Recommendations Map

Appendix F: Memo from the City Manager on Sidewalk Programs 10/21/05

 

M E M O

 

     TO:   The Honorable Mayor and Members of Council

 

FROM:              The City Manager

 

SUBJECT:        Sidewalk Programs

 

DATE:              October 21, 2005

 

              Currently the City of Morgantown participates in limited new sidewalk programs.  They are as follow:

 

1.           By virtue of land use controls, new construction projects are required to put in place new sidewalks as part of the development unless waived by the City (for example, a short section of new sidewalk would be the only sidewalk in the entire block–does not become part of a larger system).  The City could suspend these waivers recognizing that over the long term the system could be created.

 

2.           The City has access to transportation grants that can be used to construct sidewalks.  Currently though these funds have been targeted to the Downtown BID improvements.

 

3.           Community Development Block Grant entitlement proceeds can fund new sidewalks in low and moderate income neighborhoods.  To date, this has been a limited application because of competing uses for housing programs, contributions to social services, and other qualifying projects.

 

4.           Several years ago, City Council established the Capital Escrow Account Sidewalk Program.  In this program, funds were budgeted to hire part time crews in the summer and purchase materials to construct new sidewalks.  Today $168,305 remains in that budget to continue the program. 

 

              The largest benefit in the above described, existing programs is that with the exception of the first one, the abutting property owners do not have to pay any part of the cost of the new sidewalks.  The biggest disadvantage in the above described, existing programs is that they are all limited in scale and produce few new sidewalks per year.

 

              As per your direction, the balance of this memo describes options that could be used to significantly accelerate sidewalk construction in the City.  The common denominators in these options are that they would all use private contractors to construct the sidewalks and they all would employ a new revenue source to fund the work.  The options are:

 

                                                                                                                                            Page 2

 

1.           Special Levy Sidewalk Program: This option would present the issue to the voters of the City in a Special or Regular City Election to authorize an excess levy on property taxes.  As way of illustration, with 60% approval of the voters in the election, a $500,000 annual sidewalk program could be put in place by raising property taxes $26.82 per year on a house with a fair market value of $100,000.

 

2.           Sidewalk Assessment Program: State law allows City Council to authorize construction of new sidewalks and assess adjacent property owners up to 100% of the cost on a linear foot basis (cost of one foot of new sidewalk is approximately $82 with curb (4 feet wide)  –$500,000 in assessments per year would construct 6,097 feet of new sidewalk per year).  Property owners could pay the assessment at once or could finance it for 10 years with a 6% interest rate.  Failure to make annual payments would result in 10% penalties.

 

3.           Sidewalk Service Fee: City Council could establish an annual service fee to construct new sidewalks in the City by charging every property owner in the City a linear foot fee on properties facing a street.  The difference with the option immediately above is that above each property owner pays just for his or her own sidewalk.  In this option, everyone helps pay for everyone’s sidewalk.  To generate a $500,000 program per year, the linear foot fee would be approximately $.50 per foot (based upon 200 lane miles of City streets).

 

4.           Public Works Service Fee: Dependent upon a pending State Supreme Court decision, Council may have the authority to establish a service fee charged to wages and salaries of people that work in the City limits of Morgantown.  A $.50 per week service fee of this type on 10,000 jobs in the City would generate $520,000 per year.

 

              Levies, assessments, and fees are the most feasible financial tools to fund an accelerated sidewalk program.  How they are employed, packaged, and tailored would be a matter of Council discretion if used.

 

              I hope you find this memo helpful.  If you should have any questions about it or need additional information, please call upon me at once.

 

______________________

Dan Boroff, City Manager

Appendix G: DOH Pedestrian Accident Data: 1998-2008

 

According to analyses conducted on December 1, 2008 by Christen Seaman of the West Virginia University Injury Control Research Center, 226 reported pedestrian injuries occurred from 1/1/98 to 6/4/08. Details of all pedestrian injuries are provided below.

 

Table 4: Morgantown Pedestrian-Vehicle Accident Data Summary, 1998 to 2008

Time of day	#	% of total
12:00 PM - 5:59 AM	43	19.0%
6:00 - 9:59 AM	23	10.2%
10:00 AM-1:59 PM	41	18.1%
2:00 - 5:59 PM	62	27.4%
6:00 - 11:59PM	57	25.2%
	226
Month	#	% of total
Jan	24	10.6%
Feb	22	9.7%
Mar	17	7.5%
April	30	13.3%
May	12	5.3%
June	10	4.4%
July	14	6.2%
Aug	20	8.8%
Sept	28	12.4%
Oct	28	12.4%
Nov	12	5.3%
Dec	9	4.0%
	226
Intersections with 4 or more accidents
	#	% of total
Spruce & Walnut	9	4.0%
High & Willey	8	3.5%
S University & Pleasant	8	3.5%
University & College	8	3.5%
N Willey & Prospect	7	3.1%
Spruce & Pleasant	5	2.2%
University/Beechurst/Fayette (by Co-op)	5	2.2%
Beechurst & Campus	5	2.2%
Chestnut Ridge/Van Voorhis/Burroughs	5	2.2%
High & Walnut	4	1.8%
High & Fayette	4	1.8%
University & Prospect	4	1.8%
TOTAL	72	31.9%

 

Appendix H: Morgantown City Code, Article 913 – Sidewalks

 

ARTICLE 913

Sidewalks

 

913.01                 Definitions.

913.02                 Width of sidewalks.

913.03                 Duties of owners and occupants.

913.04                 Grading and paving.

913.05                 Placing sidewalk pavement above or below curb elevation.

913.06                 Sidewalk construction specifications.

913.07                 Permit to lay sidewalk pavement.

913.08                 Order to owner to grade and pave.

913.09                 Work to be done by City; assessment of costs; lien.

913.10                 Repairing and repaving.

913.11                 Maintenance; removal of snow, ice and dirt.

913.12                 Condemnation of sidewalk pavement; order to relay; work by City.

913.13                 Repair or repaving when pavement broken.

913.14               Supervision and inspection of pavement construction; power to stop improper work.

913.15                 Rooms or spaces under sidewalks.

913.16                 Sidewalks required when building constructed or street paved.

913.99                 Penalty.

 

 

CROSS REFERENCES

General powers relative to sidewalks - see W. Va. Code 8-12-5(1) et seq.

Low cost improvements - see W. Va. Code Art. 8-17

Sidewalk assessments - see W. Va. Code Art. 8-18

 

913.01  DEFINITIONS.

The term "sidewalk" includes all of the ground between the face of the curb of any public street or alley and the property line of the abutting property owner.  The term "sidewalk pavement" means that part of the sidewalk paved or required to be paved, and may be only a portion of the full width of the sidewalk as defined above.

(1967 Code Sec. 29-28.)

 

913.02  WIDTH OF SIDEWALKS.  

The sidewalks of the streets and alleys of the City shall be of such width as Council may, upon recommendation of the City Engineer, establish by orders duly made; and, unless otherwise ordered by Council, the sidewalks on the opposite sides of any street or alley shall  be of equal width.

(1967 Code Sec. 29-29.)

 

913.03  DUTIES OF OWNERS AND OCCUPANTS.  

In all cases where there has been heretofore established, or where there is hereafter established, one or more sidewalks along any street or alley or part thereof within the City, it shall be the duty of the owners or occupants of any ground fronting or abutting on such sidewalks to pave and repave the same, whenever required by an order of Council to do so, and to keep such sidewalks in repair and to keep the same clean.

 

The property owners shall be responsible for any such sidewalk being out of repair.

(Ord. 06-17.  Passed 6-20-06.)

 

913.04  GRADING AND PAVING.

Sidewalks shall be graded and paved, and repaved or repaired, in the manner and with the materials and according to the specifications as provided in this article.

(1967 Code Sec. 29-31.)

 

913.05  PLACING SIDEWALK PAVEMENT ABOVE OR BELOW CURB ELEVATION.

The paved portion of all sidewalks or the sidewalk pavement where there is a  grass plot between it and the curb, may, at the direction of the City Engineer with the approval of Council, be placed above or below the elevation of the curb in order to conform as nearly as practicable to the topography of the abutting land and street; provided, that the slope of such grass plot shall not be steeper than one and one-half horizontal to one vertical. Where the sidewalk pavement is placed above or below the elevation of the curb, the owner of the corner lot shall provide concrete steps from such sidewalk pavement to the curb, such steps to be of similar materials and workmanship as the sidewalk pavement and the design thereof to be approved by the City Engineer.

(1967 Code Sec. 29-82.)

 

913.06  SIDEWALK CONSTRUCTION SPECIFICATIONS.  

All sidewalks shall be constructed of concrete pavement according to the following specifications:

• (a)    Width and Location.  Council shall be order prescribe the width of all concrete sidewalk pavements hereafter paved or repaved, taking into consideration the nature and class of traffic on such street and sidewalk. Such sidewalk pavements shall not be less than three feet in width in R1, R2 and R3 Zoning Districts and within the public right of way as designated by the City administration, so that the grass plot, if any, shall be between the sidewalk pavement and the curb line of the street.
  (Ord. 7-18-78.)
• (b)   Subgrade.  When the subgrade is composed of a fill it shall be laid in layers, not exceeding twelve inches, and the same shall be thoroughly wetted and tamped or rolled. The tops of all fills shall extend at least twelve inches beyond the sidewalk pavement, and in cases where there are no curbs the slope shall not be steeper than one and one-half to one.
• (c)    Drainage Course.  The drainage course shall consist of coarse aggregate, as hereinafter defined, of a depth of not less than six inches, except where solid rock is encountered, and shall be thoroughly compacted by tamping or rolling.
• (d)   Concrete.  The concrete shall consist of a mixture of one part of cement, as hereinafter defined, and three parts of fine aggregate, as hereinafter defined, and three parts of coarse aggregate, as hereinafter defined, to a depth of not less than four inches. It shall be worked to an approximately true surface and shall be roughened. The concrete pavement shall be monolithic and no mortar course shall be permissible for surface.
• (e)    Water Used.  All water used in mixing materials for sidewalk pavements shall be clean and free from oil, acid, strong alkalies or vegetable matter.
• (f)    Forms.  All forms used for setting sidewalk pavements shall be free from warp, and of sufficient strength to resist springing out of shape. All mortar and dirt shall be carefully removed from forms that have been previously used. All forms shall be well staked to the established lines and grades, as indicated by the stakes set by the City Engineer, and all forms shall be so set as to provide for the specified slope of one-fourth of an inch to the foot toward the curb.
• (g)   Expansion Joints.  Expansion joints shall be made three-fourths of an inch wide for the whole of all sidewalk pavements, and shall be spaced at intervals of not more than forty feet, and shall be filled with sand, felt, tar or other suitable material. The wearing surface at all expansion joints shall be cut clear through with a jointing tool.
• (h)   Drainage. Where the drainage course is at the same elevation as, or above the drainage course of the curb, a blind drain or ditch of suitable size and filled with broken stone shall be laid with a proper degree of fall from the bottom of the drainage course of all sidewalk pavements at such points as will properly drain the water from the drainage course to the curb. Where the drainage course of the sidewalk pavement is below that of the curb, a three inch agricultural tile drain shall be laid in the lower part of the drainage course, and vitrified tile drainage connection made from it to the storm sewer in the street.
• (i)     Precautions Against Freezing.  Concrete shall not be mixed or deposited at a freezing temperature, unless special precautions are taken to avoid the use of materials that are frozen or covered with ice crystals, and adequate means are provided to prevent the concrete from freezing after being placed in position and until it is thoroughly hardened; and no such concrete shall be mixed or deposited in freezing weather, without the written consent of the City Engineer.
• (j)     "Cement", "Fine Aggregate" and "Coarse Aggregate" Defined.  "Cement", as used in this article, shall meet the requirements of the specifications for Portland cement, adopted by the American Society for Testing Materials, as set forth in its bulletins and other publications. “Fine aggregate”, as used in this article, shall consist of clean sharp sand, crushed stone or gravel screenings, free from all vegetable loam or  other deleterious matter. "Coarse aggregate", as used in this article, shall consist of inert matter, such as crushed stone, brickbats, gravel or cold crushed slag. All such materials shall be hard and durable and free from all deleterious matter.
  (1967 Code Sec. 29-34.)

 

913.07  PERMIT TO LAY SIDEWALK PAVEMENT. 

The owner of any property abutting on a public street shall, before laying any sidewalk pavement on the part of such street intended to be used for sidewalk purposes, apply to the City Manager for a permit therefor, and such permit when granted shall show the location and width of such sidewalk pavement and shall recite the specifications required therefor. If such application is to lay a sidewalk pavement on a street within the fire limits on which the width between the curbs of such street shall be paved has not been determined, Council shall, before a permit is granted, specify by order, resolution or ordinance the width of sidewalk  pavements on each side thereof, and the location and width of grass plots, if any; and if a grade has not been established on such street, Council shall not grant such permit until a grade is established on such street by the City Engineer and adopted by Council. In no case where a permit is granted to lay a sidewalk pavement shall the work be commenced until the City Engineer shall have first set stakes or had the same done under his direction, showing the exact location of the same. The City Manager shall have the power and authority to grant such permits, without referring the same to Council, and to report the same at the next meeting of Council when it shall be made a matter of record.

(1967 Code Sec. 29-37.)

 

913.08 ORDER TO OWNER TO GRADE AND PAVE.  

Council may order the owner of any property abutting on any public street or alley within this City to grade that part of the sidewalk of such street abutting on such property, if not then already graded, and to construct thereon a sidewalk pavement, the same to be constructed according to the specifications therefor. Such grade shall conform to the adopted grade of such street. Such order shall designate the width of such sidewalk pavement so ordered to be constructed. The City Manager shall cause notice of such order to be served upon the owner of such property, such notice to be served in the manner provided by the laws of the State for the service of notices generally, or by publication in a newspaper of general circulation published in the County in the manner provided by the laws of the State for the publication of notices generally.

(1967 Code Sec. 29-38.)

 

913.09  WORK TO BE DONE BY CITY; ASSESSMENT OF COSTS; LIEN. 

If any property owner shall have failed or refused to comply with the order provided for by the preceding section within fifteen days after the service or publication thereof, then the City Manager may cause such work to be done, and the cost thereof, including a commission of not exceeding twenty percent (20%) of the net cost thereof to the City for the time of City employees in supervising such construction, laying the assessment therefor and collecting the same, over and above the actual cost to the City of such work, shall be assessed against such property. Such assessment shall bear interest at six percent (6%) per annum and shall be immediately due and payable and may be collected in the same manner provided by law for the collection of City taxes. If such assessment is not paid within thirty days after the same is made, the City Clerk may certify the amount of any such assessment with a description of the property chargeable therewith, and the name of the owner thereof, to the Clerk of the County Court to be recorded in the trust deed books of such Clerk's office; and such assessment shall be and constitute from and after the date of such recordation the first lien against such property, subject only to State, County and Municipal taxes and prior assessments.

(1967 Code Sec. 29-39.)

 

913.10  REPAIRING AND REPAVING.  

All owners of property abutting upon a public street where there is a sidewalk shall keep the sidewalk in good repair so as to minimize public or private liability. Any concrete sidewalk which is broken or deteriorated to the extent of needing repair shall be repaired by replacing the entire block or section thereof and not by surface patching.

 

The City Manager on his own initiative may or upon direction of Council shall require any such property owner to make needed repairs by having served upon such owner a notice as provided by Section 913.08. Each thirty day period during which the owner fails to comply with the provisions hereof shall constitute a separate violation.

 

When deemed proper by the City Manager, he may cause the repairs to be made either by the City employees or by an independent contractor and assess the cost thereof as a lien against the property as provided in Section 913.09.

(1967 Code Sec. 29-40.)

 

913.11  MAINTENANCE; REMOVAL OF SNOW, ICE AND DIRT.  

The owner, lessee or occupant of property abutting on any street shall keep the sidewalk adjacent thereto in a clean and sanitary condition and free from snow, ice, dirt or refuse. In the event the owner, lessee or occupant of any property shall fail to keep the sidewalk adjacent to such property in a clean and sanitary condition and free from snow, ice, dirt or refuse the City Manager is hereby empowered and authorized to give notice to such property owner, lessee or occupant to clean such sidewalk of snow, ice, dirt or refuse and to put such sidewalk in a clean and sanitary condition, such notice to be served as provided by Section 913.08, and upon the failure or neglect of such property owner, lessee or occupant to put such sidewalk in a clean and sanitary condition and to remove snow, ice, dirt or refuse therefrom within twenty-four hours, excluding Sunday, after such notice has been given, the City Manager may cause the same to be done and the cost thereof shall be assessed against such property and become a lien upon such property in the manner provided by Section 913.09. 

(1967 Code Sec. 29-41.)

 

913.12  CONDEMNATION OF SIDEWALK PAVEMENT; ORDER TO RELAY; WORK BY CITY.

When, in the judgment of Council, the public necessity may require it, any sidewalk pavement may be condemned because of its unsafe condition, or because it is not laid out of suitable materials or in the manner and according to the specifications provided therefor; and the owner of the abutting property may be required to relay the same, after notice of the order of Council, in the same manner as provided by Section 913.08; and upon the refusal or failure of such property owner to do so, the City Manager may cause the same to be done and the cost thereof assessed against such property owner in the manner provided by Section 913.09, and such assessment shall become a lien against such property in the manner provided by Section 913.09.

(1967 Code Sec. 29-42.)

 

913.13  REPAIR OR REPAVING WHEN PAVEMENT BROKEN.  

When any person shall break or injure any sidewalk pavement by driving a truck or vehicle upon or over the same, or in any other manner, he shall be required to repair it, or if necessary to relay the same and put it in as good condition as it was before such injury occurred; and in the event of his failure to do so, after being served with an order of Council requiring him to do so, the City Manager may have such sidewalk repaired or relaid and the cost of the same shall be charged against such person, and collected by legal process; and where, in order to properly repair such broken or injured sidewalk pavement, it is necessary to repave the same, such repaving shall be with the materials and in the manner and according to the specifications set forth in this article.

 (1967 Code Sec. 29-43.)

 

913.14  SUPERVISION AND INSPECTION OF PAVEMENT CONSTRUCTION; POWER TO STOP IMPROPER WORK. 

All sidewalk pavements laid under the provisions of this article shall be under the direct and immediate supervision and inspection of the City Engineer, or his authorized representative. Any owner of property who may desire to lay a sidewalk pavement or repair the same shall, upon being granted permission therefor, notify the City Engineer of the time he expects to begin such work; and when, in the judgment of the City Engineer such work is not being done with the materials and in the manner and according to the specifications required by this article, he shall have the power and authority to stop such work until such owner indicates his willingness to do such work with the materials and in the manner and according to the specifications required by this article.

 (1967 Code Sec. 29-44.)

 

913.15  ROOMS OR SPACES UNDER SIDEWALKS.  

No person shall excavate or construct any room or space or use the space in and under any sidewalk until and unless the owner of the property adjacent thereto shall have first obtained a permit therefor from the City, such permit to be granted by the City Manager and confirmed by Council; and the City Manager and Council shall have full and absolute discretion in granting or refusing such permit.

 

In applying for such permit, the applicant shall furnish the design, plans and specifications for the construction of such room or space intended to be used under such sidewalk, and such design, plans and specifications shall be subject to the approval of the City Engineer.

 

The space between the surface of the sidewalk and the ceiling of any room constructed thereunder shall be not less than eighteen inches in thickness.

 

Such property owner shall be responsible for the construction and maintenance and safety of any such room under any sidewalk and of the sidewalk over the same, and if any person or his property is injured or damaged as a result of the construction or improper maintenance of any such space under any sidewalk or the sidewalk thereover, the owner of the property adjacent thereto shall protect and save harmless the City from any liability therefor.

 

Where there now exists a space or room underneath any sidewalk used or intended to be used in connection with the property adjacent thereto, it shall be the duty of the owner of such adjacent property to maintain safely and to keep in good repair such room or space under such sidewalk and the sidewalk thereover, and to protect and save harmless the City from any and all liability to any person who is injured or his property damaged by reason of the failure of such property owner to maintain safely and keep in good repair any such room or space under such sidewalk or the sidewalk thereover. 

 

No openings, chutes or ways shall be made from the surface of the sidewalk or street to any room or space under such sidewalk now or hereafter constructed unless and until a permit therefor shall have been obtained from the City, such permit to be granted by the City Manager and confirmed by Council. The design, plans and specifications therefor shall be subject to approval by the City Engineer. The doors or coverings to such openings, chutes or ways shall be of design and constructed according to the approval of the City Engineer, and the same shall  be maintained safely and kept in good repair by the property owner, who shall be responsible for any injuries or damages to persons or property for failure to do so and who shall protect and save harmless the City from any and all liability therefor. Such openings, chutes and ways shall not be left open and unguarded and it shall be the duty of the property owner in connection with whose property the same are being used to protect persons and property from injury or damage while such openings, chutes and ways are being used.

 

If, upon inspection, any room or space heretofore or hereafter constructed under any sidewalk shall be found to be in an unsafe or unsanitary condition, Council may order the same to be repaired or put in a sanitary condition at the expense of the owner of the adjacent property. If such property owner shall fail to do so, Council may cause the same to be done and the cost thereof charged against and collected from such property owner.

 

The granting of any permit heretofore or hereafter for the construction and maintenance of any space or room under any sidewalk or street in the City shall not be construed as vesting or granting any permanent or perpetual right, interest or title thereto in or to the owner of the adjacent property, but the same is only a temporary privilege. Council may at any time without notice and without the payment of any compensation or damages to the property owner annul and revoke any permit theretofore granted therefor and take exclusive possession of such space or room under such sidewalk and convert the same to public use or cause the same to be abandoned, and, where necessary, cause the same to be filled at the expense of the owner of the adjacent property. In such event the adjacent property owner shall have no further right or privilege to use such space or room.

 (1967 Code Sec. 29-45.)

 

913.16  SIDEWALKS REQUIRED WHEN BUILDING CONSTRUCTED OR STREET PAVED.

• (a)    Findings of Council.  Council finds as a fact that sidewalks within the City are deficient as to quantity and quality, which contributes to the hazards confronting pedestrians and in order to initiate a program of providing more sidewalks, it is declared to be the policy of the City to require, unless otherwise directed, the construction or replacement of sidewalks for the use of pedestrians within the City.
  (1967 Code Sec. 29-68.)
• (b)   Order When Street or Alley Paved; Exception.  In furtherance of the stated policy concerning sidewalks, Council shall order the construction or reconstruction of a sidewalk or sidewalks at the same time that it orders the paving or repaving of any street or alley as provided for by Article 911, unless Council makes a special finding in such paving ordinance that existing sidewalk or sidewalks are adequate or the physical characteristics of the terrain, neighborhood or pedestrian traffic would not warrant the construction or reconstruction of sidewalks, in which event the construction or reconstruction of sidewalks in conjunction with the paving of the street or alley shall be waived.
  (1967 Code Sec.  29-69.)
• (c)    Required When Dwelling or Building Constructed; Exception.  In addition to the requirements of this article, any person who obtains a permit to construct a dwelling or building pursuant to the provisions of Part Seventeen - Building and Housing Code, the plans shall include the construction or replacement of a sidewalk or sidewalks. Should there be an existing adequate sidewalk adjacent to the property on which construction is to take place and it is so deemed by the City Manager, then this section shall be inapplicable. In all other cases, a sidewalk shall be constructed or replaced unless on appeal to the City Manager such requirement is waived by appropriate order.
  (Ord. 1-16-79.)

 

913.99  PENALTY.

(EDITOR'S NOTE: See Section 101.99 for general Code penalty if no specific penalty is provided.)

In addition to the lien created by Section 913.09, any owner, lessee or occupant who violates any provision of Section 913.11, or fails to comply with any notice given thereunder, shall be fined twenty-five dollars ($25.00) for the first offense and fifty dollars ($50.00) for each subsequent offense.

 

Each twenty-four hour period that such owner, lessee or occupant violates any provision of Section 913.11 or fails to comply with any notice issued thereunder, shall constitute a separate offense.

(1967 Code Sec. 29-41.1; Ord. 90-8. Passed 4-3-90.)

 

Appendix I: Financial Prospectus for Infrastructure Supported by a Neighborhood Sidewalk and Safer City Fee

 

Sidewalks

              Estimated miles of streets in Morgantown                     200 miles

             

              Estimated number of miles of Connecting

Network Sidewalks (CNS) @ 100%                                              50 miles

CNS sidewalks X 5280’ per mile                                     264,000 linear feet

 

Estimated miles of Requested Neighborhood

Access Sidewalks to be funded @ 60%                                       10 miles

NAS sidewalks X 5280’ per mile                                     52,800 linear feet

 

              Working Cost Estimates:

                            1 linear foot X 4’ in width                                    $60/lft

1 linear foot of curbing                                         $40/lft

Average total cost per linear foot                       $100/lft

 

              Estimated Total Sidewalk Costs:

                            CNS – 264,000 linear feet                                    $26,400,000

                            NAS - 52,800 linear feet                                         $5,280,000

 

Traffic Calming

 

              Implementation of City-wide Plan                                     $1,000,000

 

Additional Pedestrian Safety Plan Expenses

 

              Crosswalk development

              Sidewalk/Crosswalk maintenance and repair

Trails/Green way construction, lighting, safety equipment, signage

              Trail/Greenway maintenance and repair

              Safer City education expenses

 

Projected Annual Fee Revenues @ $1 per front foot                              $1,000,000

 

N.B.  Sidewalk and curbing costs estimates have been provided by the City Engineering Department based on actual 2008 sidewalk construction costs for the High Street sidewalk construction projects. Actual sidewalk expense will vary city-wide based on existing conditions, topography, right-of-way, and changes in construction costs.

Appendix J: Transit Authority Morgantown Transit Routes

 

MOUNTAIN LINE TRANSIT SERVICE  ROUTES – 2008 (www.busride.org)

 

Blue Line Bus Route 12 - Spruce, Willey, Richwood, Hartman Run, Canyon, Greenbag, Mountaineer Mall, Mississippi Street and Depot. This route offers stops at the DMV in Sabraton as well as Marilla Park. This route operates hourly from 6:50 am through 6:00 pm (except 1:00 PM) Monday through Friday with reduced Saturday hours. This route alternates directions hourly.

Blue & Gold Connector Bus Route 38 - Additional Runs for Fall 2008! Beginning August 18, the Blue & Gold now runs every 10-minutes from 8:00 am through 3:20 pm, Monday through Friday during regular WVU sessions. Otherwise, this service continues to provide 20 minute trips connecting Towers, Lincoln Hall, the Law School, 8th Street, Grant Avenue, Summit Hall, Life Sciences, Campus Drive, Beechurst, the CAC, Engineering, and Ag Sciences by way of Evansdale Drive. This service operates Monday through Sunday, year round.

Brown Line Bus Route 10 -This route provides limited service from the Depot to the Suncrest area of Morgantown. This bus travels from the Depot (please see schedule for partial trip details), along Beechurst, Down Patteson Drive, left onto Laurel Street, onto University Avenue turning onto Collins Ferry Road, stopping at Unity House, proceeding on to Burroughs Place on Burroughs Street. At this point the route begins its return trip via Pocahontas to Laurel where it will stop at the Krepps Park parking lot entrance before returning downtown to the Depot via Beechurst.

Campus PM Bus Route 1 - Late night service connecting Towers, Lincoln Hall, College Park Apartments, Valley View, Stewart Street, Sunnyside, the Lair and Downtown Morgantown. This route operates Thursday, Friday and Saturday when WVU is in Fall and Spring Sessions, running every 10 minutes from 10:30 pm through 3:10 am.

Cassville Bus Route 11 - Running every 30 minutes beginning April 14, 2008! This route serves the western end of the County traveling from the Morgantown Depot, through Westover, Granville, Osage, Cassville, turns at New Hill and makes a return trip. This route includes a stop at the University Town Center Mall.

Crown Bus Route 13 - This route serves the southern part of the County with three trips daily departing from the Morgantown Depot, traveling through Westover, stopping at the Westover Terminal, traveling to Laurel Point, Arnettsville, Crown, Everttsville, Opekiska, Booth, and Waitman Barb Elementary. This route changes directions for the last run of the day.

Downtown/Morgantown Mall PM Bus Route 2 - This hourly route operates 6-days per week (Monday through Saturday) departing Towers and Lincoln Hall hourly, beginning at 6:00 pm. The route connects to Downtown Morgantown by way of College Park Apartments, Valley View, and Stewart Street, stopping at the Lair. The route continues through Westover on its way to the Morgantown Mall. Service ends at 12:00 midnight

Gold Line Bus Route 6 - This service begins at the Morgantown Depot, stops at the Lair, travels University Avenue to Ruby Hospital before traveling out VanVoorhis Road and Bakers Ridge. Its return trip includes West Run Road, North Hills, Mon General Hospital, back to Ruby and returning to the Depot. This route operates Monday through Saturday, 6:00 am through 6:00 pm running every 80 minutes.

Grafton & Fairmont Road Bus Route 15 -This twice daily run departs the Morgantown Depot, travels to the Grafton Road Wal-Mart and continues on the Grafton Road passing by Clinton, Chasewood, Healthy Heights, Brown's Chapel, Halleck, Tom's Run, and the Goshen Road. This route changes directions for its second run of the day.

Green Line Bus Route 3 -This hourly run connects the Morgantown Depot to the Morgantown Mall and Grafton Road Wal-Mart. Trips include stops at Aldi in the South University Avenue Plaza and connects at the Westover Terminal on its way to the Morgantown Mall. This service operates Monday through Saturday, 8:00 am to 6:00 pm.

Grey Line Bus Route 29 - This service provides daily trips, 365 days per year, connecting north central West Virginia to the Pittsburgh area. This service includes early morning connections to Fairmont and Clarksburg, returns to Morgantown to travel on to Pittsburgh Greyhound and the Pittsburgh International Airport. This service offers business class amenities and other features and comforts not found on common public transit services.

Mountain Heights Bus Route 14 - This service connects the Depot to Sabraton, the Summer School Road, Mountain Heights, the Kingwood Pike and the Mountaineer Mall. This service offers three (3) daily trips Monday through Friday and two trips on Saturdays.

Orange Line Bus Route 4 - This service connects the Depot to the Westover Terminal, the Morgantown Mall, the University Town Center Mall, Patteson Drive, Towers, Lincoln Hall, Beechurst and Downtown Morgantown. This service operates 7-days per week during WVU Fall and Spring Semesters beginning at 8:30 am with extended weekend hours.

Pink Line Bus Route 16 - New Service! This service is a partial split for the former Purple Line. The change in this service is intended to help this part of the former Purple Line to better stay on schedule. The Pink Line Departs the Downtown Morgantown Depot, travels up Spruce Street, Willey Street, across the Mileground, down Easton Hill and arrives at its end point at the Glenmark Center. The Pink Line immediately reverses its route and returns to the Depot via the same route. This service runs Monday through Friday with limited service on Saturdays.

Purple Line Bus Route 9 - New Service! and in combination with the new Pink Line (Bus Route 16), will cover the areas formerly covered by the Old Purple Line. The purpose of this change is to help service to this area with new route alignments enabling the bus to stay on schedule. This route departs the Depot with runs up Spruce Street, fronting the MountainLair, traveling up Stewart Street to Chestnut Ridge Road, traveling to Chestnut Hill Apartments, then traveling to Valley View by way of Willowdale Drive, connecting to Chestnut Ridge Road, then proceeding to Stewart Street for the return trip along the same route used for arrival. This new alignment offers connections in Sunnyside for the Red Line and Gold Line, both traveling to Ruby Hospital and the Evansdale and Suncrest areas. This route terminates at the Depot for connections to all other routes.

Red Line Bus Route 7 - This route departs the Depot, travels by Boreman Hall and the Lair, through Sunnyside by way of University Avenue and stops at Ruby Hospital. The Red Line then continues into Suncrest by way of University Avenue, traveling Junior Avenue connecting to Fairfield Street then traveling into Star City. This route also covers Western Avenue, Collins Ferry Road and returns to Ruby before stopping by Towers and Lincoln Hall for its return to the Depot. This service operates Monday through Saturday with reduced service on Saturday. The route begins at 6:20 am running every 80 minutes until 6:00 pm.

Riverside Commons 46 - This route began September 2, 2008 and departs the Depot and travels out to Riverside Commons via University/Beechurst/Monongahela Blvd and Jerry W Blvd. Your frequent and regular use of this service may determine if this increase in service becomes permanent.

Southside Bus Route 5 - This hourly service begins at 7:00 am connecting the Depot to historic South Park, Morgantown High School, Greenmont, Dorsey Avenue, Marjorie Gardens area, Bluegrass Village, and the Mountaineer Mall. For its return trip, the Southside includes travel through White Park by South Junior High, the Mon County Tech Ed Center, the Ice Rink, and includes service in Morgantown's First Ward neighborhood. The last run ends at 6:00 pm.

The District Bus Route 26 - This Monday through Friday service begins at 7:30 am and provides 20 minute trips until 8:50 pm, with extended evening and weekend hours during regular WVU Fall & Spring Semesters. This service connects The District Living Complex to the Med Center PRT and other bus routes by way of VanVoorhis Road.

The District Late Night Bus Route 26 - This service offers just what the name implies. This service offers late night trips from the District, via VanVoorhis Road, all the way to and from Downtown Morgantown. These 30 minute trips begin at 9:00 pm and continue until 2:50 am, Thursday, Friday and Saturday during Fall and Spring WVU Semesters.

Tyrone Road Bus Route 8 - This service operates Monday through Saturday and connects the Depot to Cheat Lake and points between. This route travels by Unity Manor, Richwood Avenue, Sabraton, Brookhaven, Rock Forge, Dellslow, Culp's MHP, Tyrone, Trinity, Glenmark Center, Cheat Lake Resort and beyond. This 90 minute route begins at 6:30 am and ends at 6:15 pm with reduced Saturday service.

Valley View Bus Route 44 - This new service operates Monday through Friday year round and connects Valley View Road, Chestnut Ridge Road, Falling Run, Loop area of University Avenue, and Willowdale & Junction. This service runs on a 15 minute loop providing 7 minute service to the Loop Area on University Avenue.

West Run Bus Route 30 - Expanded evening service, Monday through Friday until 8:50 PM to begin Monday, September 8! This service operates Monday through Friday, 7:10 am through 8:50 pm, with additional late night service from 9:00 pm through 3:00 am, Thursday, Friday and Saturday evenings during WVU Regular Semesters. This 20 minute round-trip route begins at the West Run housing complex and serves a portion of Stewartstown Road, Hampton Center, Stewart Street and Sunnyside and WVU's Life Sciences Building. Connections with the Blue & Gold, Red Line and Gold Line provide trips to the Evansdale and Suncrest areas of Morgantown as well as connections to Downtown Morgantown and the Mountain Line Depot on Garrett Street.

Fairmont-Marion County Transit Authority - Operates daily runs connecting Morgantown and Fairmont. Stops in Morgantown include the Morgantown Depot for connections. This service is not a part of Mountain Line and is a separate operator. For more information, please refer to the FMCTA link.

Buckwheat Express (Preston County) - Operates daily runs connecting Morgantown and Preston County. Stops in Morgantown include the Morgantown Depot for connections. This service is not a part of Mountain Line and is a separate operator. For more information, please refer to the Buckwheat Express link.

Appendix K: 2009 Safe Routes to School Intent-to-Apply Forms

 

SAFE ROUTES TO SCHOOL

WEST VIRGINIA DIVISION OF HIGHWAYS

 

FY 2009 INTENT-TO-APPLY FORMS

WHAT IS THE SAFE ROUTES TO SCHOOL PROGRAM?

The Safe Routes to Schools Program is a Federal-Aid program of the US Department of Transportation’s Federal Highway Administration.  The program was created by Section 1404 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU).  Each state will receive a portion of federal funds based on its percentage of the national total of school-aged children in grades K-8.  West Virginia will receive a minimum of $1 million each year for a total of at least $5 million dollars.  Safe Routes to School encompasses five components: Engineering, Education, Encouragement, Enforcement, and Evaluation.

 

ELIGIBILITY

Applicants include any state, local and regional agency, including nonprofit organizations registered with the West Virginia Secretary of State’s Office and having Department of Treasury Internal Revenue Service Tax Determination as a Non-Profit Organization 501 (c). This reimbursable grant program is 100 percent federally funded and is managed through the West Virginia Division of Highways. Grants will be awarded through a statewide competitive process.

 

Applicants requesting funding for Infrastructure-Related Projects are required to submit both an Infrastructure-Related Project Intent-to-Apply Form and a Non-Infrastructure-Related Activity Intent-to-Apply Form.

 

FUNDING

Seventy to 90 percent of funds are for Infrastructure-Related Projects, which may range from a minimum total cost of $10,000 to a maximum total cost of $100,000.

 

No less than 10 percent and no more than 30 percent of funds are required to be spent on Non-Infrastructure-Related Activities, which may range from a minimum total cost of $10,000 to a maximum total cost of $30,000.

 

Applicants are not required to provide a funding “match” for the federal share of a project or activity under this program.  Applicants are encouraged to maintain existing funding courses since the Safe Roads to School Program supplements current funding streams that support walking and bicycling transportation.  Funds provided for this program are on an eligible cost reimbursement basis.

 

Note: Any work performed by the applicant prior to receiving written “Notice to Proceed” is not eligible for reimbursement.

 

ELIGIBLE INFRASTRUCTURE-RELATED PROJECTS

The Engineering component includes funding for the planning, design, and construction of Infrastructure-Related Projects that will substantially improve the ability of students to walk and bicycle to school safely.  Planning, design, and engineering expenses, including consultant services, associated with developing eligible Infrastructure-Related Projects are also eligible to receive Infrastructure funds.  Infrastructure-Related Projects may be carried out on any public road or any bicycle or pedestrian pathway or trail in the vicinity of schools (approximately two [2] miles). Construction and capital improvement projects also must be located within approximately two miles of a primary or middle school (grades K-8).  Some potential Infrastructure-Related Projects are:

 

• §  Sidewalk Improvements: new sidewalks, sidewalk widening, sidewalk gap closures, sidewalk repairs, curbs, gutters, and curb ramps.

 

• §  Traffic Calming and Speed Reduction Improvements: roundabouts, bulb-outs, speed humps, raised crossings, raised intersections, median refuges, narrowed traffic lanes, lane reductions, full- or half-street closures, automated speed enforcement, and variable speed limits.

 

• §  Pedestrian and Bicycle Crossing Improvements: crossings, median refuges, raised crossings, raised intersections, traffic control devices (including new or upgraded traffic signals, pavement markings, traffic stripes, in-roadway crossing lights, flashing beacons, bicycle-sensitive signal actuation devices, pedestrian countdown signals, vehicle speed feedback signs, and pedestrian activated signal upgrades), and sight distance improvements.

 

• §  On-Street Bicycle Facilities: new or upgraded bicycle lanes, widened outside lanes or roadway shoulders, geometric improvements, turning lanes, channelization and roadway realignment, traffic signs, and pavement markings.

 

• §  Off-Street Bicycle and Pedestrian Facilities: exclusive multi-use bicycle and pedestrian trails and pathways that are separated from a roadway.

 

• §  Secure Bicycle Parking Facilities: bicycle parking racks, bicycle lockers, designated areas with safety lighting, and covered bicycle shelters.

 

• §  Traffic Diversion Improvements: separation of pedestrians and bicycles from vehicular traffic adjacent to school facilities, and traffic diversion away from school zones or designated routes to a school.

 

ELIGIBLE NON-INFRASTRUCTURE-RELATED ACTIVITIES

 

• §  Education – Teaching children about the broad range of transportation choices, instructing them in important lifelong bicycling and walking safety skills, and launching Driver safety campaigns in the vicinity of schools.  Grade-appropriate Health, Physical Education, Social Studies, Science, Math, and English/Language Arts content standards and objectives (West Virginia Department of Education Policy 2510) for kindergarten through eighth grade should be incorporated into this component.  School teachers, health professionals, law enforcement officers, and certified bicycle safety instructors may provide the education component. Photocopying, duplicating, mailing and printing costs and pedestrian, and bicycle safety education CDs and DVDs may be eligible education expenses.  Safe Routes to School Workshops that target school and community-level audiences will be scheduled through the Safe Routes to School Coordinator.

 

• §  Encouragement – Using events and activities to promote walking and bicycling.  Examples are Annual Walk to School Day; Walking School Buses; Walking Wednesdays; Bicycle Trains; Golden Sneaker Award; and modest incentives such as water bottles, pens, pencils, markers, highlighters, colored pencils, chalk, Frisbees, fluorescent zipper pulls, slap bracelets, wash off tattoos, balloons, stickers, certificates, banners, foam board, signs, maps, and pedometers.

 

• §  Enforcement – Partnering with local law enforcement to ensure traffic laws are obeyed in the vicinity of schools, which includes enforcement of speeds, yielding to pedestrians in crossings, proper walking and bicycling behaviors, and initiating community enforcement such as adult crossing guard programs.  This may include equipment such as MUTCD approved Class 2 safety vests, hand-held stop paddles, portable in-street pedestrian crossing signs, reflective fluorescent traffic cones, and adult crossing guard training.
• §  Evaluation – Monitoring and documenting outcomes and trends through the collection of data before and after the intervention(s) using standardized student and parent surveys, including costs for data gathering, analysis, and evaluation reporting.  The National Safe Routes to School Clearinghouse has developed standardized student and parental surveys.  Sponsors are required to partner with their school to administer the surveys if selected as a grant recipient.

 

INAPPROPRIATE USES OF SAFE ROUTES TO SCHOOL FUNDS

 

Safe Routes to School funds cannot be used for:

• §  Reoccurring costs such as paying crossing guard salaries;
• §  For projects that reorganize pick-up and drop-off primarily for the convenience of drivers rather than to improve child safety and walking and bicycling access;
• §  For education programs that are primarily focused on bus safety; and
• §  For improvements to bus stops.

 

WHAT IS THE APPLICATION PROCESS?

 

The application process is intended to establish communication between the WVDOH and the various applicants.  Therefore, we have established the following process:

 

Step 1	Complete the Infrastructure-Related Project Intent-to-Apply Form and the Non-Infrastructure-Related Activity Intent-to-Apply Form and submit them together.
Step 2	Only if your proposed project meets requirements for eligibility will you be asked to continue by filling out Infrastructure-Related Project and Non-Infrastructure-Related Applications.  An Application packet with instruction booklet will be mailed to the contact person listed on the Intent-to-Apply Form.  School site visits to the proposed project location(s) may be conducted by the WVDOH.
Step 3	A Safe Routes to School Board meets to review applications and make funding recommendations to the Department of Transportation (DOT) Cabinet Secretary.
Step 4	The DOT Cabinet Secretary makes the final selection of successful applicants.
Step 5	The Governor announces grant recipients.

 

This Intent-to-Apply Form can be accessed on line at: http://www.wvdot.com/3_roadways/rp/SRTS/SRTSdefault.htm.

 

Mail completed forms to:          Safe Routes to School

                                                Rebecca A. Davison, Coordinator

West Virginia Department of Transportation

West Virginia Division of Highways

Program Planning and Administration Division

Grant Administration Unit

Building 5, Room 863

1900 Kanawha Boulevard, East

Charleston, WV 25305-0430

 

Note:

• Ø  Intent-to Apply Forms are due to West Virginia Division of Highways’ Program Planning and Administration Division Office by November 15th each year by 4:00 p.m.
• Ø  Intent-to-Apply Forms must be returned either by mail or delivered.
• Ø  Faxed or e-mailed forms will NOT be accepted.

WEST VIRGINIA DIVISION OF HIGHWAYS

SAFE ROUTES TO SCHOOL

INFRASTRUCTURE-RELATED PROJECT INTENT-TO-APPLY FORM

FY 2009

 

Organization                _______________________________________________________________

 

Project Title                 _______________________________________________________________

 

Contact Name               _______________________________________________________________

 

Contact Title                 _______________________________________________________________

 

Sponsoring

Organization                _______________________________________________________________

 

Mailing Address           _______________________________________________________________

 

City, State, Zip             _______________________________________________________________

           

Best Daytime

Phone # to Call            _______________________________________________________________

 

Contact E-mail             _______________________________________________________________

 

Contact Fax                  _______________________________________________________________

 

Amount of Infrastructure-Related

Funding Requested      _______________________________________________________________

 

School Name(s)            _______________________________________________________________

 

School Principal          _______________________________________________________________

 

County Board of

Education                    _______________________________________________________________

 

Participating

Governmental

Organizations              _______________________________________________________________

 

Supporting

Organizations              _______________________________________________________________

 

WVDOH District            _______________________________________________________________

(Infrastructure-related projects must comply with Davis-Bacon Act Wage Codes and/or West Virginia prevailing wages, competitive bidding, and other contracting requirements.)

 

___________________________________________________________________________________

Signature and Title of Person Submitting the Proposal*                                                                Date

*By signing, applicant certifies that he/she is authorized to sign for ________________________________ (name of organization) and that all the information contained herein is true and correct to the best of his/her knowledge.

 Provide a brief description of the proposed project.  Describe how you will include and meet the needs of children with disabilities in this project.

  

Cite obstacles and risks facing students (physical or perceived) walking and/or bicycling to your school.  Cite any other concerns such as accident data, traffic counts, demographics, community and school surveys or audits, speed limits, and environmental factors as appropriate.  Describe the affected student population and give a brief history of the neighborhood traffic issues that might provide some context and background for the project.

 

 Describe how this project will provide connectivity to the school.

 

 Describe how this project will address pedestrian and bicyclist safety.

 

WEST VIRGINIA DIVISION OF HIGHWAYS

SAFE ROUTES TO SCHOOL

NON-INFRASTRUCTURE-RELATED ACTIVITY INTENT-TO-APPLY FORM

FY 2009

 

 

Organization                _______________________________________________________________

 

Activity Title                 _______________________________________________________________

 

Contact Name               _______________________________________________________________

 

Contact Title                 _______________________________________________________________

Sponsoring

Organization                _______________________________________________________________

 

Mailing Address           _______________________________________________________________

 

City, State, Zip             _______________________________________________________________

 

• Best Daytime

Phone # to Call            _______________________________________________________________

 

Contact E-mail             _______________________________________________________________

 

Contact Fax                  _______________________________________________________________

 

Amount of Non-Infrastructure-Related

Funding Requested      _______________________________________________________________

Must be a minimum of 10% up to 30% of any requested Infrastructure-Related Project Funds.  For example, Sponsor requests $100,000 for Infrastructure-Related Project AND $15,000 for Non-Infrastructure-Related Activities (15% of $100,000) for a TOTAL grant funding request of $115,000.

 

School Name(s)            _______________________________________________________________

 

School Principal          _______________________________________________________________

 

County Board of

Education                    _______________________________________________________________

 

Participating

Governmental

Organizations              _______________________________________________________________

 

Supporting

Organizations              _______________________________________________________________

 

____________________________________________________________________________________

Signature and Title of Person Submitting the Proposal*                                                                Date

*By signing, applicant certifies that he/she is authorized to sign for _________________________ (name of organization) and that all the information contained herein is true and correct to the best of his/her knowledge.
Please summarize the proposed Activities.  Be sure to describe how you will include and meet the needs of children with disabilities in these activities.

Education:                   Encouragement:                   Enforcement:                   Evaluation:                   Describe how this is a collaborative action plan involving the school and its staff, law enforcement, and parents and others within your community.

 

Appendix L: AARP Bulletin on Walkability, May 14, 2009

 

Downloaded from: http://bulletin.aarp.org/yourworld/gettingaround/articles/america_s_streets_aren_t_ready_for_aging_population.html

 

America’s Streets Aren’t Ready for Aging Population

Report signals lack of planning for older drivers and pedestrians

By: Carol Kaufmann | Source: AARP Bulletin Today | May 14, 2009

A majority of transportation planners and engineers say that they don’t explicitly consider the needs of older people in their work. In a study released by AARP today—the first comprehensive evaluation of how street policies address the needs of older adults—two-thirds of more than 1,000 professionals admitted measures that would increase safety for those with specific challenges don’t enter their minds when they design roadways, sidewalks and intersections.

“This is a finding that the transportation industry should not take lightly,” says Jana Lynott, a strategic policy adviser for AARP’s Public Policy Institute and the author of the report “Planning Complete Streets for an Aging America.” “Older drivers may find their roads unnecessarily difficult to navigate and thus give up their keys before they would otherwise. For those wishing to get to their destinations on foot or public transportation, they put themselves in peril.”

This information arrives just as the first boomers approach retirement age. In a little more than 15 years, one in nearly four drivers in the United States will be age 65 and older. Surveys have shown that older drivers today drive farther and more often than ever before.

However, physical and mental decline often associated with aging puts older road users at greater risk. In 2007, older adults, who only make up 13 percent of the total population, accounted for 14 percent of all traffic fatalities, 14 percent of all vehicle occupant fatalities and 19 percent of all pedestrian fatalities.

Completing the streets

The lack of attention to the transportation needs of older people comes as no surprise to many. In a poll conducted for the AARP study, 40 percent of adults age 50 and over said the sidewalks in their neighborhoods are inadequate. Nearly 50 percent reported they cannot cross main roads close to their home safely, yet half of them would walk, bicycle or take a bus more often if the problems were fixed.

Mobility activists assert that the best way to address these problems is with “complete streets” policies, which allow pedestrians, bicyclists and those who use public transportation to share the road safely and comfortably with automobiles. More than 85 communities across the nation have already done so; California and Hawaii have even adopted a state law, and just in the last few weeks Delaware Gov. Jack Markell, D, signed an executive order adopting such measures. And though it’s still early to collect statistics that appraise the results of complete streets, other benefits are well documented. Practically, this means ensuring streets have adequate resting places, ramps on the crosswalks, visible signs, bike lanes, on-street parking, wide sidewalks and other amenities.

Boulder, Colo., has been incorporating paved shoulders, more than 380 miles of dedicated bikeways and a transit network of buses into the city and surrounding area. As a result, between 1990 and 2006, more people walked or bicycled and mass transportation trips grew by 500 percent, according to the National Research Center, a research firm in Boulder.

In 1999, San Francisco put Valencia Street on a “road diet,” converting four through lanes to three plus creating a center turn lane and bicycle paths. As a result, the city discovered that bike traffic increased 144 percent and collisions decreased. Advocates of the new bicycle-pedestrian path on the Ravenel highway bridge in Charleston, S.C., commissioned a study that found 65 percent of users are getting adequate exercise due in large part to using the bridge path.

Such projects are “very visible in the communities that are doing it,” says Barbara McCann, director of the Complete the Streets Coalition, which includes diverse groups ranging from AARP, the Institute of Transportation Engineers, the American Public Transit Association, the League of American Bicyclists and the Society of Landscape Architects. “It’s rather inspiring.”

U.S. Rep. Doris Matsui, D-Calif., agrees. Her home district includes Sacramento, which has started to implement complete-streets policies. “Our recent reconfiguration of several miles of streets in central Sacramento have been well received by both residents and commuters, and we have seen a tremendous increase in the amount of people—of all ages—walking and bicycling,” Matsui says. “We have also seen a reduction of speeding by motorists, and I think Sacramentans have really taken a fresh look at the way street design can improve our quality of life."

Earlier this year, Matsui and Sen. Tom Harkin, D-Iowa, introduced the Complete Streets Act in their respective houses of Congress. The measure would direct states and metropolitan regions that receive federal dollars for roadways to comply with a mandate that future road investments take into account the needs of people of all ages and abilities as pedestrians, bicyclists, transit riders and drivers. Proponents of the bills hope the measure will be included in the federal surface transportation authorization act, expected to be passed later this year. But as with many broad national initiatives, funding remains a problem.

Addressing needs of older drivers and pedestrians

However, less than one-third of state and local complete-streets policies explicitly address the needs of older road users, the AARP study concludes. “The big difference [between older road users and the rest of the population] is that because of decline in eyesight, reaction time and focus and the ability to judge the speed of moving vehicles, older users cannot as readily navigate hostile travel environments,” says Lynott.

Because half of all older driver deaths occur at intersections, reducing the speed limit in areas where vehicles and pedestrians meet would assist them substantially, the study says. So would spreading traffic broadly throughout a connected network of streets with lower-speed routes and reducing the number of neighborhood streets that connect to a single artery. Using left turn lanes in areas of heavy traffic and pedestrian crossing reduces the need for drivers to judge if they have enough time to make a safe turn. Designated green arrows can cut left turn crashes in half, according to a 2004 Department of Transportation and Institute of Transportation Engineers report on intersection safety.

“Older drivers also have trouble making sharp turns,” says Lynott. Adding bike lanes and parallel parking increases the turning arc at intersections, making it easier for older drivers to turn.

Phil Caruso, the deputy director for technical programs of the Institute of Transportation Engineers, says he’s not surprised that transportation planners don’t necessarily consider the needs of older Americans and the disabled when planning. “Historically, the tendency is to look at capacity—incorporating the maximum number of vehicles, safely, into a design,” says Caruso. “Those in the profession now were trained to think of the capacity, rather than the types of people who are going to be driving the vehicles or walking.”

But Caruso says this thought process is changing. In the past 10 to 15 years, professional organizations like the Institute of Transportation Engineers, which has a membership of 17,000 traffic engineers and transportation planners, have begun to train professionals to consciously address the value of older drivers and pedestrians.

“Now, the sensitivity is there,” he says, “and it’s starting to happen because it’s a national priority.”

Carol Kaufmann is a contributing editor at the AARP Bulletin.

Appendix M: Morgantown City Traffic Calming Plan (version 2.0)

 

Excerpts of presentation made to Morgantown City Council October 28, 2008, updated May 5, 2009; downloaded November 19, 2009 from
http://www.morgantown.com/traffic.htm

 

Traffic Calming Recommended Plan

Morgantown, WV

V 2.0

Version 2:       May 5, 2009    Updates to Woodburn

May 5, 2009    Updates to Wiles Hill

 

Presented to: Morgantown City Council Oct 28, 2008

Approved by: Morgantown Traffic Commission Oct 8, 2008

 

 

Slide 2: Goals of Traffic Calming

• §  Support the local Morgantown neighborhoods to improve livability (this includes walkability)
• §  Support MPO and DoH to “improve continuous traffic flow” on all State owned roads
• §  Most importantly, support neighborhoods by reducing and preventing cut-through traffic in Morgantown neighborhoods

 

Slide 3: PROBLEM

• §  Speeding complaints in neighborhoods has become an epidemic
• §  Traffic Volume in the neighborhoods has contributed to the volume of “speeding” complaints to the City Council and to the Traffic Commission

 

Slides 4 & 5: Immediate Recommendations

1. “25 means 25” Campaign

• –        A public relations blitz regarding stepped up speeding enforcement
• o   Announce in papers and on radio
• §  (similar to DUI checkpoint announcements)
• –        An Enforcement blitz in announced areas
• o   To enforce the speed limit in neighborhoods.
• §  i.e. 25 mph is the MAXIMUM according to state law
• o   To enforce stop signs in neighborhoods
• –        (Later, more active enforcement in neighborhoods)

 

2. Install STOP BARs at all stop signs in the city

• –        Improved visibility
• –        “no excuse” enforcement possible
• –        Contributes to impeding traffic in the neighborhoods
• –        Contributes to moving traffic to the main arteries
• –        Obvious contribution to safety

 

Slide 6: Completed Traffic Calming Projects

• –        Willowdale Road
• o   Installed lane dividers and Operational
• o   (Being re-evaluated by Ron Eck, Retired-WVU)
• –        Mississippi St and White Park
• o   Installed and operational
• –        East Brockway Ave and Marilla Park
• o   Installed and operational
• –        Evansdale
• o   Installed and operational

Slides 7 & 8

 

 

Slide 9




Slide 22: Phase 2: Traffic Calming Projects

• –        Wiles Hill
• o   Recommendations accepted from WHNA
• o   Still needs to be reviewed by WHNA
• –        Woodburn
• o   Recommendations accepted from WAN
• o   Still needs to be reviewed by WAN
• –        South Park
• o   Submitted and reviewed by SPAN
• –        Suncrest Area
• o   Submitted and reviewed by SNA

 

Slides 23 & 24

 

 

Slides 25 & 26

 

 




Slides 27 & 28



Slide 29: Recommendation for WVDoH

• –        A traffic circle at Collins Ferry, University Ave and Baldwin St
• o   Should be installed to relieve congestion on University and on Collins Ferry.
• o   This should:
• §  Make the intersection considerably safer
• §  Assist continuous traffic flow on two main arteries of Morgantown.
• §  Assist local traffic calming efforts by assisting continuous traffic flow on the main arteries of Morgantown.

 

Slide 30

 

 




Slides 31 & 32

 

 

Slides 33 & 34



Slide 36

 

Estimated Total Costs
Base Costs (California)	# used	Low	High	Low $	High $$
Speed hump	8	$2,000	$2,000	$16,000	$16,000
Speed Table	2	$5,000	$15,000	$10,000	$30,000
Raised Intersection	17	$25,000	$70,000	$425,000	$1,190,000
Modified T	9	$30,000	$60,000	$270,000	$540,000
Small Traffic Circle	2	$8,000	$15,000	$16,000	$30,000
Gateway platform	3	$5,000	$60,000	$15,000	$180,000
Bulbout or curb extension	3	$5,000	$20,000	$15,000	$60,000
Road Paint	0	$100	$5,000	$0	$0
Chicane	1	$10,000	$20,000	$10,000	$20,000
Mini Roundabout	0	$45,000	$150,000	$0	$0
		GRAND TOTALS:		$777,000	$2,066,000




Appendix N: Morgantown City Code, Part 3, Chapter 9 – Pedestrians and Bicycles

 

ARTICLE 371

Pedestrians

 

371.01                 Compliance with traffic regulations.

371.02                 Right of way in crosswalk.

371.03                 Crossing roadway outside crosswalk.

371.04                 Drivers to exercise due care.

371.05                 Moving upon right half of crosswalk.

371.06                 Walking along streets and highways; soliciting rides.

371.07                 Persons working on streets and highways.

371.08                 Protection of blind pedestrians.

371.09                 Electric personal assistive mobility device.

371.10               Solicitation of persons traveling in vehicles on public rights of way prohibited.

371.99                 Penalty.

 

CROSS REFERENCES

See sectional histories for similar State law

Pedestrian defined - see TRAF. 301.21

Pedestrians at traffic signal - see TRAF. 313.03

Pedestrian control signal - see TRAF. 313.04

 

371.01  COMPLIANCE WITH TRAFFIC REGULATIONS. 

Pedestrians shall be subject to traffic control signals at intersections as provided in Section 313.03, but at all other places pedestrians shall be accorded the privileges and shall be subject to the restrictions stated in this article.

(WVaC 17C-10-1(a))

 

371.02  RIGHT OF WAY IN CROSSWALK. 

• (a)    When traffic control signals are not in place or not in operation the driver of a vehicle shall yield the right of way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger, but no pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.  This provision shall not apply under the conditions stated in Section 371.03(b).
• (b)   Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.

(WVaC 17C-10-2)

 

371.03  CROSSING ROADWAY OUTSIDE CROSSWALK. 

• (a)    Pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right of way to all vehicles upon the roadway.
• (b)   Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right of way to all vehicles upon the roadway.
• (c)    Between adjacent intersections at which traffic control signals are in operation pedestrians shall not cross at any place except in a marked crosswalk.

(WVaC 17C-10-3)

 

371.04  DRIVERS TO EXERCISE DUE CARE. 

Notwithstanding any other provision of this article every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing any child or any confused or incapacitated person upon a roadway.

(WVaC 17C-10-4)

 

371.05  MOVING UPON RIGHT HALF OF CROSSWALK. 

Pedestrians shall move, whenever practicable, upon the right half of crosswalks. 

(WVaC 17C-10-5)

 

371.06  WALKING ALONG STREETS AND HIGHWAYS; SOLICITING RIDES. 

• (a)    Where sidewalks are provided, no pedestrian shall walk along and upon an adjacent roadway.
• (b)   Where sidewalks are not provided any pedestrian walking along and upon a street or highway shall when practicable walk only on the left side of the roadway or its shoulder facing traffic which may approach from the opposite direction.
• (c)    No person shall stand in a roadway for the purpose of soliciting a ride from the driver of any vehicle.

(WVaC 17C-10-6)

 

371.07  PERSONS WORKING ON STREETS AND HIGHWAYS. 

The driver of a vehicle shall yield the right of way to persons engaged in maintenance or construction work on a street or highway whenever he is notified of their presence by an official traffic control device or flagman. 

(WVaC 17C-10-8)

 

371.08  PROTECTION OF BLIND PEDESTRIANS. 

The driver of a vehicle approaching a blind pedestrian who knows, or in the exercise of reasonable care should know, that such pedestrian is blind because such pedestrian is carrying a cane predominantly white or metallic in color with or without a red tip, or is using a guide dog or otherwise, shall exercise care commensurate with the situation to avoid injuring such pedestrian. 

(WVaC 5-15-5)

 

371.09  ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE. 

• (a)    For purposes of this section, the definition of an “electric personal assistive mobility device” is the same definition as previously set forth in Section 301.081 and “operator” shall refer to the operator of an electric personal assistive mobility device. (WVaC 17C-10A-1)
• (b)   An electric personal assistive mobility device shall be equipped with:
• (1)   Front, rear and side reflectors;
• (2)   A braking system that enables the operator to bring the device to a controlled stop; and
• (3)   If operated at any time from one-half hour after sunset to one-half hour before sunrise, a lamp that emits a white light that sufficiently illuminates the area in front of the device.
• (c)    An operator of an electric personal assistive mobility device traveling on a sidewalk, roadway or bicycle path shall have the rights and duties of a pedestrian and shall exercise due care to avoid colliding with pedestrians.  An operator shall yield the right of way to pedestrians.
• (d)   Except as provided in this section, no other provisions of the motor vehicle code shall apply to electric personal assistive mobility devices.

(WVaC 17C-10A-2)

 

371.10  SOLICITATION OF PERSONS TRAVELING IN VEHICLES ON PUBLIC RIGHTS OF WAY PROHIBITED.

• (a)    For purposes of this Code section, “solicit”, “solicitation” or “soliciting” shall mean asking for money or objects of value, with the intention that the money or object be transferred from the occupant of a vehicle within a public roadway to the solicitor at that time, and at that place.  “Soliciting” shall include using the spoken, written, or printed word, bodily gestures, signs or other means with the purpose of obtaining an immediate donation of money or other thing of value or soliciting the sale of goods or services.
• (b)   It shall be unlawful for any person, while standing in any portion of a public right of way to solicit business, or contributions of money or other property, from any person traveling in a vehicle within a public right of way; provided, however, that the foregoing prohibition shall not apply to services rendered in connection with emergency repairs requested by the operator or passengers of such vehicle.
• (c)    Having received a license or permit from the City to conduct solicitation, peddling, or other municipal regulated activity within the City shall not constitute an exception to the solicitation activities prohibited by this Code section.
• (d)   Any person violating this Code section shall be guilty of a misdemeanor and subject to a minimum fine of fifty dollars ($50.00) and a maximum fine of five hundred dollars ($500.00).

 

Severability is intended throughout and within the provisions of this section. If any section, sentence, clause or phrase of this section is held invalid or unconstitutional by a court of competent jurisdiction, then such judgment shall in no way affect or impair the validity of the remaining portions of this section. This section shall be effective upon date of adoption.

(Ord. 05-21.  Passed 7-19-05.)

 

371.99  PENALTY. 

(EDITOR’S NOTE: See Section 303.99 for general Traffic Code penalty.)




Appendix O: Morgantown City Code, Part 3, Chapter 7 – Parking

ARTICLE 361

Parking Generally

(only those provisions related to pedestrians are presented below)

 

361.01                 Prohibition against parking on streets or highways. 

361.02                 Police may remove illegally stopped vehicles. 

361.03                 Prohibited stopping, standing or parking places. 

361.99                 Penalty.

 

 

 

361.01  PROHIBITION AGAINST PARKING ON STREETS OR HIGHWAYS.

• (a)    Upon any street or highway outside of a business or residence district no person shall stop, park or leave standing any vehicle, whether attended or unattended, upon the paved or main-traveled part of the street or highway when it is practicable to stop, park or so leave such vehicle off such part of the street or highway, but in every event an unobstructed width of the street or highway opposite a standing vehicle shall be left for the free passage of other vehicles and a clear view of such stopped vehicles shall be available from a distance of 200 feet in each direction upon such highway or street.
• (b)   This section shall not apply to the driver of any vehicle which is disabled while on the paved or main-traveled portion of a street or highway in such a manner and to such extent that it is impossible to avoid stopping and temporarily leaving such disabled vehicle in such position.

(WVaC 17C-13-1)

 

361.02  POLICE MAY REMOVE ILLEGALLY STOPPED VEHICLES. 

• (a)    Whenever any police officer finds a vehicle standing upon a street or highway in violation of Section 361.01, such officer is hereby authorized to move such vehicle or require the driver or other person in charge of the vehicle to move the same, to a position off the paved or main-traveled part of such street or highway.
• (b)   Whenever any police officer finds a vehicle unattended upon any bridge or causeway or in any tunnel where such vehicle constitutes an obstruction to traffic, such officer is hereby authorized to provide for the removal of such vehicle to the nearest garage or other place of safety.

(WVaC 17C-13-2)

 

361.03  PROHIBITED STOPPING, STANDING OR PARKING PLACES. 

• (a)    No person shall stop, stand or park a vehicle except when necessary to avoid conflict with other traffic or in compliance with law or the directions of a police officer or traffic control device, in any of the following places:
• (1)        On a sidewalk;
• (2)        In front of a public or private driveway;
• (3)        Within an intersection;
• (4)        Within fifteen feet of a fire hydrant;
• (5)        In a properly designated fire lane;
• (6)        On a crosswalk;
• (7)        Within twenty feet of a crosswalk at an intersection;
• (8)        Within thirty feet upon the approach to any flashing beacon, stop sign or traffic control signal located at the side of a roadway;
• (9)        Between a safety zone and the adjacent curb or within thirty feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by signs or markings;
• (10)    Within fifty feet of the nearest rail of a railroad crossing;
• (11)    Within twenty feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five feet of such entrance (when properly signposted);
• (12)    Alongside or opposite any street excavation or obstruction when stopping, standing or parking would obstruct traffic;
• (13)    On the roadway side of any vehicle stopped or parked at the edge or curb of a street;
• (14)    Upon any bridge or other elevated structure upon a street or highway or within a street or highway tunnel;
• (15)    At any place where signs prohibit stopping, standing or parking, or where the curbing or street is painted yellow or red, or at any place in excess of the maximum time limited by signs;
• (16)    Within twenty feet of any mail receptacle served regularly by a carrier using a motor vehicle for daily deliveries, if such parking interferes with or causes delay in the carrier's schedule;
• (17)    Upon any controlled-access highway;
• (18)    At any place on any street or highway where the safety and convenience of the traveling public is thereby endangered;
• (19)    Over or across any lines or marks established by the Municipality to indicate parking spaces;
• (20)    In front of a wheelchair accessible ramp or curb cut which is part of a sidewalk designed for use by the general public when the ramp or curb cut is properly marked with blue paint.
• (b)   No person shall move a vehicle not lawfully under his control into any such prohibited area or away from a curb such distance as is unlawful.

(Ord.  98-19.  Passed 6-16-98.)

 

361.99  PENALTY. 

(EDITOR’S NOTE: See Section 303.99 for general Traffic Code penalty.)




Appendix P: Morgantown Connecting Network Sidewalks (CNS) Map