HomeMy WebLinkAboutRESOLUTION 08-24RESOLUTION 08-24
ADOPTING THE TOWN OF ESTES PARK AMERICANS WITH DISABILITIES SELF -
EVALUATION AND TRANSITION PLAN
WHEREAS, A public meeting was held in the Town Board Room on November 9,
2023 at 6:00 pm for the public to review the TP and give comments to the Town staff and
consultants regarding ADA accessibility needs in our community. This meeting was
advertised in advance in the local newspapers and on the Town website. The
presentation delivered an overview of the TP and included an opportunity for the public
to ask questions or make comments about the TP. This meeting was attended by Town
staff and one resident. There was no input or comments asked in the meeting or through
the concurrent online survey opportunity. A video recording of the public meeting can be
viewed at https://www.youtube.com/watch?v=W1wvz4RAla0.
WHEREAS, the Town Board desires to Adopt the Town of Estes Park Americans
with Disabilities Self -Evaluation and Transition Plan. For the purpose of meeting Federal
and State ADA requirements while protecting the Town from ADA-related litigation and
potential loss of Federal funding.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
The Board hereby adopts the plan referenced in the title of this resolution in
substantially the form now before the Board.
DATED this l3I1/ day o
, 2024.
TOWN OF ESTES PARK
ATTEST:
TClerk
APPROVED AS TO FORM:
Town Attorney
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Table of Contents
EXECUTIVE SUMMARY 1
ADA AND TRANSITION PLAN OVERVIEW 6
ESTESPARK ADASELF-EVALUATION AND TRANSITION PLAN SCOPE 6
ADASURVEYS OFGSTE3PARK OWNED BUILDINGS AND PARKS 8
SURVEY OpE8ESPARK OWNED PUBLIC R|6HTS-OF-VVAY ZO
TRANSIT STOPS /ON-STREsTPARKING FINDINGS SUMMARY REPORTS 27
CONCLUSION 28
APPENDIX A:AVADEFINITIONS 29
APPENDIX B: 8UOSSAKYOFTEKk4S 35
APPENDIX C:ADDITIONAL REPORTS 37
Executive Summary
Town of Estes Park
The Town of Estes Park (Town) is a statutory town in Larimer County, Colorado. U.S. Census population
estimates as of July 1, 2022, is 5,862. The 2021 Census update identified approximately 11.2 % of Estes
Park's population as with a disability, under age 65 years.
Introduction to the Americans With Disabilities Act
More than 61 million Americans have disabilities. This represents 26% of the U.S. population or 1 in 4
Americans. People with disabilities in Estes Park, like all Americans, participate in a variety of programs,
services, and activities provided by the Town. This includes many people who became disabled while serving
in the military. Additionally, by the year 2030, approximately 71.5 million baby boomers will be over age 65 and
will need services and surroundings that meet their age -related physical needs.
People with disabilities have often been excluded from enjoying basic civic activities like using public
transportation, serving on a jury, voting, seeking refuge at an emergency shelter, or simply attending their
child's or grandchild's school events. The Americans with Disabilities Act (ADA) is a federal civil rights law that
prohibits discrimination against people with disabilities. Under the ADA, people with disabilities are entitled to
all the rights, privileges, advantages, and opportunities that others have when participating in civic activities.
The Americans with Disabilities Act became effective on July 26, 1990, and it extended legislation intended to
eliminate discrimination against individuals with disabilities in federally funded facilities under the Rehabilitation
Act to all activities of State and local governments regardless of whether these entities receive federal financial
assistance. It provides for equal access and equal opportunities for individuals with disabilities to participate in
programs, services, and activities provided by public entities such as those offered by the Town of Estes Park.
The ADA is divided into five sections, which are referred to as titles.
1. Employment (Title I)
Title I requires covered employers to provide reasonable accommodations for applicants and employees with
disabilities and prohibits discrimination based on disability in all aspects of employment. Reasonable
accommodation includes, for example, restructuring jobs, making worksites and workstations accessible,
modifying schedules, providing services such as interpreters, and modifying equipment and policies.
2. Public Services (Title II)
Under Title II, public services (which include State and local government agencies) cannot deny services to
people with disabilities or deny participation in programs or activities that are available to people without
disabilities. In addition, public transportation systems, such as public transit buses, must be accessible to
individuals with disabilities.
3. Public Accommodations (Title III)
Public accommodations include facilities such as restaurants, hotels, grocery stores, retail stores, etc., as well
as privately owned transportation systems. Title III requires that all new construction and modifications must be
accessible to individuals with disabilities. For existing facilities, barriers to services must be removed if readily
achievable.
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4. Telecommunications (Title IV)
Telecommunications companies offering telephone service to the public must have telephone relay service to
individuals who use telecommunication devices for the deaf (TTYs) or similar devices.
5. Miscellaneous (Title V)
This title includes a provision prohibiting either (a) coercing or threatening or (b) retaliating against individuals
with disabilities or those attempting to aid people with disabilities in asserting their rights under the ADA. The
US Department of Justice (DOJ) revised its regulations implementing the ADA in September 2010. The new
rules clarify issues that arose over the previous 20 years and contain new requirements, including the 2010
ADA Standards for Accessible Design (2010 Standards). This document provides general guidance to assist
State and local governments in understanding and complying with the ADA's requirements.
For more comprehensive information about specific requirements, Estes Park officials and residents can
consult the ADA title II regulations, the 2010 ADA Standards for AccessibleDesign, and the Department of
Justice ADA technical assistancesublications.
ADA and its Relationship to Other Laws
Title II of the ADA is companion legislation to two previous federal statutes and regulations, the Architectural
Barriers Act (ABA) of 1968 and Section 504 of the Rehabilitation Act of 1973.
The Architectural Barriers Act of 1968 is a federal law that requires facilities designed, built, altered, or leased
with federal funds to be accessible. The Architectural Barriers Act marks one of the first efforts to ensure
access to the built environment.
Section 504 of the Rehabilitation Act of 1973 is a federal law that protects qualified individuals from
discrimination based on their disability. The nondiscrimination requirements of the law apply to employers and
organizations that receive financial assistance from any federal department or agency. Title II of ADA extended
this coverage to all State and local government entities, regardless of whether they receive federal funding or
not.
Federal Accessibility Requirements
The US Access Board was established by section 502 of the Rehabilitation Act of 1973 (Rehab Act). The
Board consists of 25 total members, 13 of which are appointed by the President from the public and which
must be individuals with disabilities. The remaining 12 members are the heads of 12 federal departments and
agencies specified by statute, including the heads of the DOJ and the Department of Transportation (DOT).
Originally, the Access Board was established to develop and maintain accessibility guidelines for facilities
designed, constructed, altered, or leased using federal funds under the Architectural Barriers Act of 1968
(ABA). The passage of the ADA in 1990 expanded the Access Board's responsibilities to "issue minimum
guidelines that shall supplement the existing Minimum Guidelines and Requirements for Accessible Design to
ensure that buildings, facilities, rail passenger cars, and vehicles are accessible, in terms of architecture and
design, transportation, and communication, to individuals with disabilities".
The DOJ issues and enforces accessibility standards applicable to facilities subject to ADA title II that are
consistent with the "minimum guidelines" issued by the Access Board.
The Access Board began revising their 1990 standards in 1994 by establishing an advisory committee
composed of members of the design and construction industry, the building code community, and State and
local government entities, as well as individuals with disabilities. In 1998, the Access Board added specific
guidelines on State and local government facilities and building elements designed for use by children. Other
updates to the 1990 ADA Standards have been made with the final version being compiled in the 2004
ADA/ABA Guidelines. The 2004 ADA/ABA Guidelines were the culmination of a long-term effort to facilitate
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ADA compliance by eliminating inconsistencies among federal accessibility requirements (ADA & ABA
Standards) and between federal accessibility requirements and State and local building codes. In support of
this effort, the US DOJ amended its regulation implementing title II and adopted standards consistent with
2004 ADA/ABA Guidelines, naming them the 2010 ADA Standards for Accessible Design.
On March 15, 2011, the final rule on the 2010 ADA Standards for Accessible Design became effective to revise
the 1990 regulations that implement title II of the ADA that prohibit discrimination based on disability in State
and local government services. The final rule was issued to adopt enforceable accessibility standards under
the ADA that are more consistent with the minimum guidelines and requirements issued by the Access Board,
and to update or amend certain provisions of the title II regulation so that they better reflect the Department's
legal and practical experiences in enforcing the ADA since 1991. These new regulations provide a higher
degree of clarity to State and local agencies who put forth the effort to comply with the spirit and intent of the
ADA.
ADA Self -Evaluation and Transition Plan Requirements
Title II of the ADA applies to all State and local governments and all departments, agencies, special purpose
districts, and other instrumentalities of State or local government ("public entities"). It applies to all programs,
services, or activities of public entities, from adoption services to zoning regulation. Title II entities that contract
with other entities to provide public services, such as non-profit organizations that operate drug treatment
programs, also have an obligation to ensure that their contractors do not discriminate against people with
disabilities.
Access to civic life by people with disabilities is a fundamental goal of the Americans with Disabilities Act. To
ensure that this goal is met, Title II of the ADA requires Estes Park to make its programs and services
accessible to people with disabilities. This requirement extends not only to physical access at Estes Park
government facilities, programs, and events but also to policy changes that Estes Park must make to ensure
that all people with disabilities can take part in, and benefit from, Estes Park programs and services. In
addition, Estes Park must ensure effective communication including the provision of necessary auxiliary aids
and services so that individuals with disabilities can participate in Estes Park civic activities.
ADA Title 11 Exceptions
Title II requires State and local governments to ensure that all their programs, services, and activities, when
viewed in their entirety, are accessible to people with disabilities. Program access is intended to remove
physical barriers to government services, programs, and activities, but it generally does not require that a State
and local government make each facility, or each part of a facility, accessible. For example, each restroom in a
facility need not be made accessible. However, signage directing people with disabilities to the accessible
features and spaces in a facility should be provided. Program accessibility may be achieved in a variety of
ways. State and local governments may choose to make structural changes to existing facilities to achieve
access. State and local governments can also pursue alternatives to structural changes to achieve program
accessibility. For example, governments can move public meetings to accessible buildings and can relocate
services for individuals with disabilities to accessible levels or parts of buildings. When choosing between
possible methods of program accessibility, governments must give priority to the choices that offer services,
programs, and activities in the most integrated setting possible. In addition, all newly constructed State and
local government facilities must be fully accessible to people with disabilities.
When programs, services, or activities are in Town facilities, Estes Park must make sure that they are also
available to people with disabilities, unless to do so would fundamentally alter a program, service, or activity or
result in undue financial or administrative burdens. When a service, program, or activity is in a building that is
not accessible, Estes Park can achieve program accessibility in several ways. It can:
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® Relocate the program or activity to an accessible facility.
® Provide the activity, service, or benefit in another manner that meets ADA requirements.
® Make modifications to the building or facility to provide accessibility.
Historic Significance
The ADA does not require anything that impacts the historic significance of historic property.
Historically significant facilities are those facilities or properties that are listed or eligible for listing in the
National Register of Historic Places or properties designated as historic under State or local law. Structural
changes to these facilities that would threaten or destroy the historical significance of the property or would
fundamentally change the program being offered at the historic facility need not be undertaken. Nevertheless,
a State or local government must consider alternatives to structural changes in these instances, including
using audio-visual materials to depict the inaccessible portions of the facility and other innovative solutions.
Technically Infeasible
The ADA defines technically infeasible as "something that has little likelihood of being accomplished because
existing structural conditions would require removing or altering a load -bearing member that is an essential
part of the structural frame or because other existing physical or site constraints prohibit modifications or
additions that comply fully with the Standards."
Programs and Services Viewed in Their Entirety
Title II of the ADA does not require all facilities to be accessible. Programs must be accessible when "viewed in
their entirety". A key concept is that public programs and services, when viewed in their entirety, must be
accessible to people with disabilities but not all facilities must necessarily be made accessible. For example, if
a city or town has multiple public swimming pools and limited resources, it can decide which pools to make
accessible based on factors such as the geographic distribution of the sites, the availability of public
transportation, the hours of operation, and the programs offered at each site so that the swimming program is
accessible to and usable by people with disabilities.
Fundamental Alteration of a Service or Program
A fundamental alteration is a modification that is so significant that it alters the essential nature of the goods,
services, facilities, privileges, advantages, or accommodations offered. If a public entity can demonstrate that
the modification would fundamentally alter the nature of its service, program, or activity, it is not required to
make the modification.
Example: If a city or town requires a 12-foot setback from the curb in the central business district, it may be
reasonable to grant a 3-foot variance for a store wishing to install a ramp at its entrance to meet its ADA
obligations. If the setback is smaller and the ramp would obstruct pedestrian traffic, granting the variance may
"fundamentally alter" the purpose of the public sidewalk.
Undue Financial and Administrative Burden
An undue burden is described as requiring significant difficulty or expense to make a service or program
accessible to people with disabilities. While it is rare that the Town may not be able to provide program access,
there are some instances where it is permissible under the ADA. Program access does not require each facility
to be made physically accessible in all instances. However, physical accessibility is a requirement for new
facilities intended to provide Town programs. The Town is not required to incur an undue financial or
administrative burden. If a public entity believes that a modification to a service or program to achieve
accessibility would fundamentally alter the service or program or would result in an undue burden, the public
entity has the burden of proving that it would result in a fundamental alteration of the service or an undue
burden. That decision must be made by the head of the public entity or his or her designee after considering all
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the resources available for use in the funding and operation of the service program or activity and must be
accompanied by a written statement of the reasons for reaching that decision. Even if there is a conclusion of
undue burden, the Town will still need to perform all other remediations that would not result in an undue
burden but would improve accessibility to the maximum extent possible.
ADA Requirements for the Town of Estes Park
Under Title II, Estes Park must meet these general requirements:
• Must operate their programs so that, when viewed in their entirety, the programs are accessible to and
useable by individuals with disabilities.
• May not refuse to allow a person with a disability to participate in a service, program, or activity simply
because the person has a disability.
• Must make reasonable modifications in policies, practices and procedures that deny equal access to
individuals with disabilities unless a fundamental alteration in the program would result.
• May not provide services or benefits to individuals with disabilities through programs that are separate
or different unless the separate or different measures are necessary to ensure that benefits and
services are equally effective.
• Must take appropriate steps to ensure that communications with applicants, participants, and members
of the public with disabilities are as effective as communications with others.
• Must designate at least one responsible employee to coordinate ADA compliance. This person is
typically referred to as the ADA Coordinator. The public entity must provide the ADA Coordinator's
name, office address, email address, and telephone number to all interested individuals.
• Must provide notice of ADA requirements. All public entities, regardless of size, must provide
information about the rights and protections of Title II to applicants, participants, beneficiaries,
employees, and other interested people. The notice must include the identification of the employee
serving as the ADA Coordinator and must provide this information on an ongoing basis.
• Must establish a grievance procedure. Public entities must adopt and publish grievance procedures
providing for prompt and equitable resolution of complaints. This requirement provides for a timely
resolution of all problems or conflicts related to ADA compliance before they escalate to litigation and/or
the federal complaint process.
Title II of the ADA and its related federal Equal Employment Opportunity Commission (EEOC), DOJ, and DOT
regulations link the concepts of discrimination and access which include physical access and program access.
Physical Access
Physical access requires a facility to be free of barriers preventing participation. Barriers are any obstacles that
prevent or restrict access or use of a facility, right-of-way, or park amenity as identified in ADA Title II, Section
35.1492.
Program Access
Program access is defined by ADA Title II, Section 35.150(a)3. It may include physical accessibility, but also
covers policies, practices, communications, and procedures. Program access requires that individuals with
disabilities be provided an equally effective opportunity to participate in, or benefit from, programs and
services. Program access may be achieved by either structural or non-structural methods. Non-structural
methods include acquisition or redesign of equipment, assignment of auxiliary aids and assistance, or
provision of services at alternate sites. In general, both may be utilized to ensure program access. Program
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access includes advertisement, orientation, eligibility, participation, testing or evaluation, physical access,
provision of auxiliary aids, transportation, policies, and communication.
Designation of Responsibility
In accordance with 28 CFR 35.107(a), Estes Park has designated the following person to serve as ADA Title II
Coordinator, to oversee the Town's policies and procedures:
Name: Robert Schumaker
Title: Facilities & Parks Manager and ADA Coordinator
Phone: (970) 577-3576
Email: rchumaker@estes.org
Address: 170 MacGregor Ave, Estes Park, CO 80517
ADA Self -evaluation and Transition Plan Overview
Under Title II of the ADA, public entities are required to perform a self -evaluation of their current services,
policies, and practices regarding accessibility. The goal of the self -evaluation is to verify that, in managing its
programs and facilities, Estes Park is providing accessibility and not adversely affecting the full participation of
individuals with disabilities.
The intent of the ADA self -evaluation is to review Estes Park's entire public program, including all facilities on
public property and within public rights -of -way and to identify any obstacles or barriers to accessibility that
need to be addressed. The general categories of items to be evaluated include:
• Communications, information, and facility signage.
• Building Facilities including offices, parks, garages, and other types of buildings.
• Pedestrian Facilities (Pedestrian Circulation Routes / Pedestrian Access Routes) including sidewalks,
curb ramps, bicycle/pedestrian trails, and traffic control signals that are located within Estes Park's
rights -of -way.
Public entities are required to provide an opportunity for interested people, including individuals with disabilities
or organizations representing individuals with disabilities, to participate in the self -evaluation process by
submitting comments.
Furthermore, a public entity that employs 50 or more people is required, for at least three years following the
completion of the self -evaluation, to maintain on file and make available for public inspection:
• A list of the interested people consulted.
• A description of areas evaluated, and any problems identified.
• A description of any modifications made.
Estes Park ADA Self -evaluation and Transition Plan Scope
With the help of Mile High Accessibility Consultants (MHAC), the Town of Estes Park has undertaken a
comprehensive evaluation of facilities, parks, and the public right-of-way to determine the extent to which
individuals with disabilities may be restricted in their access to Town services and activities. Additionally, Estes
Park employees reviewed many Town facilities while MHAC surveyed the Town's parks and the public right-of-
way.
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This document describes the process developed to complete the evaluation of the Town's facilities, parks, and
public rights -of -way and presents a Transition Plan for the modification of facilities, parks, and public rights -of
way to ensure accessibility. This will help guide the planning and implementation of necessary program and
facility modifications over the next 10 years. The ADA Self -evaluation and Transition Plan is significant in that it
establishes the Town's ongoing commitment to the development and maintenance of policies, programs, and
facilities that include all the Estes Park community.
Public Outreach
Public input is crucial for the self -evaluation and transition plan process. The ADA regulation requires that
State and local governments provide an opportunity for people with disabilities, and other interested individuals
or organizations, to review and comment on the self -evaluation and transition plan. This allows for people with
disabilities and organizations to contribute to the process of generating accessibility solutions that are more
effective and creative. Also, involving the public enhances the accountability of the self -evaluation and
transition plan process and helps ensure the prudent use of public resources that are limited. One of the most
important benefits of public input is that it can help the Town prioritize the removal of barriers to accessibility
that are highly significant to the public.
Mile High Accessibility encourages the representation of a diverse range of people with disabilities when
possible. This includes people that have physical, visual, hearing, speech, intellectual, learning, behavioral
health, and other disabilities, and the organizations that represent people with these disabilities.
A public meeting was held in the Town Board Room on November 9, 2023, at 6:00 pm for the public to review
the ADA Transition Plan and give comments to the Town staff and consultants regarding ADA accessibility
needs in our community. This meeting was advertised in advance in the local newspapers and on the Town
website. The presentation delivered an overview of the ADA Transition Plan and included an opportunity for
the public to ask questions or make comments about the ADA Transition Plan. This meeting was attended by
Town staff and one resident. There was no input or comments asked in the meeting or through the concurrent
online survey opportunity. A video recording of the public meeting can be viewed at
https://www.youtube.com/watch?v=Wlwvz4RAla0. Future feedback on the ADA Transition Plan can also be
provided through the Town website at hs//estespark.colorado.gov/ada. The ADA Transition Plan document
will give our Public Works teams guidance for infrastructure modifications necessary to achieve ADA
compliance.
Transition Plan Management
This Transition Plan is a living document that will continue to be updated as conditions within the Town evolve.
The initial schedule is to formally review the complete document (main body and appendices) at least once a
year, to identify any need for updates. Updates to the appendices or attachments may be made more
frequently as needed. Any substantive updates to the main body of this document should include a public
comment period to continue the Town's public outreach efforts.
The Town of Estes Park recognizes that ADA compliance is an ongoing responsibility which will require
monitoring to discover future accessibility issues that may be encountered. For example, facilities that currently
meet ADA requirements could fall out of compliance in the future due to factors such as damage, disrepair, or
changes within public rights -of -way that could create new accessibility obstacles. Therefore, the ADA
Coordinator will establish an on -going monitoring/inspection program or process to ensure that facilities
continue to comply with ADA requirements. Town employees are also encouraged to report any accessibility
concerns or deficiencies that they may come across.
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ADA Surveys of Estes Park Owned Buildings and Parks
Estes Park facilities were surveyed by Town employees. MHAC thoroughly reviewed the database and made
revisions to conform with the 2010 ADA Standards. MHAC incorporated the Estes Park database into its
database format and added cost estimates for each finding.
Mile High Accessibility Facilities and Parks Survey Methodology
MHAC used tablet -based technology for facilities, parks, and public right-of-way surveys, data analysis, and
reporting. MHAC has provided Site Accessibility Evaluation Reports for each park surveyed along with an
Excel ADA Transition Plan Database which is fully searchable and filterable.
Mile High Accessibility surveys facilities for the following for compliance with the ADA:
Accessible Routes
Site Elements Built -In Elements
• Entrance • Parking Spaces • Signage
• Parking Facility • Access Aisles • Fire Alarm Systems
• Walkways • Passenger Loading Zones • Assistive Listening Devices
• Doors • Stairways • Work Surfaces
• Doorways • Handrails • Service Counters
• Curb Ramps • Ramps • Elevators
Plumbing Elements
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Special Rooms and Spaces Accessibility Elements
• Drinking Fountains • Exhibit Areas • Turning Space
• Restrooms • Break Rooms • Clear Floor Space
• Water Closets • Reception Areas • Changes in Level
• Toilet Compartments • Conference Rooms • Reach Ranges
• Urinals • Auditoriums • Operable Parts
• Lavatories and Sinks • Meeting Rooms • Protruding Objects
• Grab Bars • Knee and Toe Clearance
Recreation Facilities
• Play Areas • Picnic Facilities
• Sports Fields and Courts • Swimming Areas
• Seating • Shelters
Facility and Park Prioritization
MHAC assigns a priority of 1 to 3 for each accessibility barrier discovered. The prioritization process is
essential so Estes Park can determine what needs to be remediated immediately and what can be delayed
until a future date. MHAC priorities are based on the following:
Priority 1 — High:
Should be completed within 12 months. Includes findings that have little or no cost, were in violation of the
codes at the time of construction, pose an imminent safety threat, or would remove barriers to the greatest
number of people to the Town's programs and services.
Priority 2 — Medium:
Should be completed within 24 months to 36 months. Includes barriers that have a lower budgetary impact on
the Town in relationship to the degree of access provided and that impede access to higher numbers of people
with disabilities. It also includes barriers that are a technical violation that is difficult and costly to remediate and
may not result in providing greater access to people with disabilities. Includes findings that create a moderate
to minimal impact on accessibility compared to the cost of the remediation.
Priority 3 — Low:
Includes accessibility barriers in employee only spaces. These barriers should be addressed when any
employee with a disability requests reasonable accommodations within the employee only space.
Probable Construction Costs (Cost Estimates)
A probable construction cost estimate range to remediate each barrier was included in MHAC reports and
databases. The cost estimate range is based on 2023 dollars.
As a high-level summary, the cost estimate for each priority type across all surveyed areas is as follows:
TOTAL ADA FINDINGS (High -Cost Estimates in 2023 Dollars)
Location Type
Facilities
Parks
Right-of-way
Transit Stops
On -street Parking
Totals
High Priority
Medium Priority
Low Priority
Findings Cost
Findings Cost
Findings Cost
20 $13,150
0 $0
4 $400
0 $0
0 $0
199 $23,995
62 $8,050
282 $876,745
5 $1,600
0 $0
255 $438,870
39 $110,650
392 $2,358,010
25 $37,600
4 $21,500
548 $910,390
715 $2,966,630
24 $13,550
Facilities and Parks Transition Plan Databases
The Town's Park Facilities and Parks ADA Transition Plan Databases documents facility findings in several
formats that allow Town staff a straightforward plan that prioritizes a path to compliance.
Each facility and park finding is addressed with a prioritized recommendation that will rectify the barrier. The
Transition Plan Database contains:
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• Finding Number
• Area Description
• Latitude and Longitude Coordinates
• Finding Description
• As -built Condition
• Recommendation and Specifications for Barriers
• 2010 ADA Standards Citations
• Barrier Priority
• Cost Estimate Range
• Status of Finding (Open/Noncompliant, or Compliant)
• Photograph of Finding
• Notes
FACILITIES ADA FINDINGS SUMMARY
LOCATION
ADA
FINDINGS
HIGH
PRIORITY
MED
PRIORITY
LOW
PRIORITY
Broadband Building — 1180 Woodstock Drive
14
9
5
0
Dekker Power — 615 Elm Rd
29
13
16
0
Fairgrounds — 1125 Rooftop
160
72
85
3
Hydroplant Museum —1750 Fish Hatchery Rd
21
8
10
3
Moraine Ave Restroom — 215 Moraine Ave
17
5
12
0
Museum — 200 4th St
33
14
18
1
Museum Annex — 220 4th St
14
8
6
0
O'Connor Pavilion — 1700 Fish Hatchery Rd
11
4
7
0
Parking Structure 1 — 691 North St. Vrain Ave
8
7
1
0
Town Hall — 170 MacGregor Ave
103
29
62
12
Transit Hub Shelter — 1209 Manford Ave
12
4
8
0
Visitor Center — 500 Big Thompson Ave
47
23
23
1
Water Shop — 1360 Brooke Dr
5
3
2
0
TOTAL FINDINGS
474
199
255
20
2023 Dollars Cost Estimates
$23,995
$438,870
$13,150
10
COST TO REMEDIATE FACILTIES FINDINGS IN 2023 DOLLARS
Priority:
High
Medium
Low
# of Findings
199
255
20
Cost Estimate Range
Low High
$15,170
$308,690
$8,580
$23,995
$438,870
$13,150
TOTAL FINDINGS
474 $332 440 $476,015
Facility ADA Findings Summary Reports
BROADBAND BUILDING
# of Findings
Priority:
High 9
Medium 5
Low 0
Cost Estimate Range
Low High
$175
$2,900
$0
$250
$3,900
$0
TOTAL FINDINGS
14
$3 075
$4,150
DEKKER POWER AND COMMUNICATION
Priority:
High
Medium
Low
# of Findings
Cost Estimate Range
Low High
13 $575 $925
16 $13,795 $21,610
0 $0 $0
TOTAL FINDINGS 29
$14 370
$22 535
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FAIRGROUNDS
Priority:
High
Medium
Low
# of Findings
72
85
3
Cost Estimate Range
Low High
$4,150
$84,910
$750
$6,875
$119,480
$1,150
TOTAL FINDINGS
60
$89,810
$127505
HYDROPLANT MUSEUM
Priority:
High
Medium
Low
# of Findings
8
10
3
Cost Estimate Range
Low High
$3,450
$11,515
$2,000
$4,700
$20,970
$3,700
TOTAL FINDINGS
21
$16965
$29,370
MORAINE AVENUE RESTROOM
Priority:
# of Findings
High 5
Medium 12
Low 0
Cost Estimate Range
Low High
$2,200
$16,250
$0
$3,000
$20,950
$0
TOTAL FINDINGS
17
$18,450
$23 950
12
MHAC
MUSEUM ANNEX
Priority:
# of Findings
High 8
Medium 6
Low 0
Cost Estimate Range
Low High
$25 $30
$7,700 $11,600
$0 $0
TOTAL FINDINGS
14
$7,725 $11,630
MUSEUM
# of Findings
Priority:
High 14
Medium 18
Low 1
Cost Estimate Range
Low High
$400 $650
$14,340 $22,120
$1,000 $1,500
TOTAL FINDINGS
33
$15,740 $24,270
O'CONNOR PAVILLION
# of Findings
Cost Estimate Range
Low High
Priority:
High 4 $95 $120
Medium 7 $6,850 $10,700
Low 0 $0 $0
TOTAL FINDINGS
11
$6,945
$10,820
13
MHAC
PARKING STRUCTURE 1
# of Findings
Priority:
High 7
Medium 1
Low 0
Cost Estimate Range
Low High
$400 $575
$1,500 $2,500
$0 $0
TOTAL FINDINGS 8 $1,900 $3,075
TOWN HALL
Priority:
# of Findings
High 29
Medium 62
Low 12
Cost Estimate Range
Low High
$2,750 $5,220
$103,785 $140,980
$4,530 $6,300
TOTAL FINDINGS
103
$111,065
$152,500
TRANSIT HUB SHELTER
# of Findings
Cost Estimate Range
Low High
Priority:
High 4 $375 $600
Medium 8 $14,000 $19,000
Low 0 $0 $0
TOTAL FINDINGS
12
$14,375
$19,600
14
MHAC
VISITOR CENTER
Priority:
# of Findings
High 23
Medium 23
Low 1
Cost Estimate Range
Low High
$525 $975
$28,130 $39,040
$300 $500
TOTAL FINDINGS
47
$28,955
$40,515
WATER SHOP
# of Findings
Priority:
High 3
Medium 2
Low 0
Cost Estimate Range
Low High
$50 $75
$3,015 $6,020
$0 $0
TOTAL FINDINGS 5
3,065
$6,095
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
15
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PARKS ADA'F1,NQWGS'SUMM'AR'Y
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Birch Cabin -3nsMacGregor Avenue
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Bond Park -17VMacGregor Avenue
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Estes Park Playground - East Riverside Drive
os
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sao,goHix Memorial -111East Riverside Drive
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2
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TnegemtPark -219West Elkhorn Avenue
os
14
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TOTALS
101
no
oe
2O23Dollars Cost Estimates
$8,050
$110.650
COST TO REIVIEDIATE PARKS FINDINGS IN 2023 DOLLARS
Priority:
High
Medium
#pfFindings
G%
39
Cost Estimate Range
Low High
*8.O50
$110,650
TOTAL FINDINGS 101 $75,325
16
MHAC
Park ADA Findings Summary Reports
Due to the location of Birch Cabin and the fact the cabin is on the Historic Registry list and rarely open to
public, we recommend providing a virtual tour on the Town's website of the cabin instead of providing an
accessible route to the cabin.
BOND PARK
Priority:
High
Medium
Low
# of Findings
3
2
0
Cost Estimate Range
Low High
$900 $1,250
$1,000 $2,000
$0 $0
TOTAL FINDINGS
5
$1,900
$3,250
BALDWIN PARK
Priority:
High
Medium
Low
# of Findings
4
0
0
Cost Estimate Range
Low High
Maintenance
$0
$0
Maintenance
$0
$0
TOTAL FINDINGS
$0
17
MHAC
CENTENNIAL OPEN SPACE AT KNOLL WILLOWS
Priority:
High
Medium
Low
# of Findings
5
2
0
Cost Estimate Range
Low High
$1,850 $2,550
$4,500 $7,000
$0 $0
TOTAL FINDINGS
7 $6,350
$9,550
ESTES PARK PLAYGROUND
Priority:
High
Medium
Low
# of Findings
17
8
0
Cost Estimate Range
Low High
$550 $825
$19,250 $32,500
$0 $0
TOTAL FINDINGS
25
$ 9,800
$33,325
GEORGE HIX MEMORIAL AT RIVERSIDE PLAZA
Priority:
High
Medium
Low
# of Findings
Cost Estimate Range
Low High
4 $825 $1,125
4 $4,500 $10,750
0 $0 $0
TOTAL FINDINGS
8
$5,325
$11,875
18
. ..„„„„..„...
MHAC
MRS. WALSH'S GARDEN
Priority:
High
Medium
Low
# of Findings
2
1
0
Cost Estimate Range
Low High
$500 $750
$2,000 $3,000
$0 $0
TOTAL FINDINGS
3
$2,500
$3,750
PERFORMANCE PARK
Priority:
High
Medium
Low
# of Findings
11
9
0
Cost Estimate Range
Low High
$250 $400
$11,000 $15,650
$0 $0
TOTAL FINDINGS
20 $11,250
$16,050
THUMB OPEN SPACE
Priority:
High
Medium
Low
# of Findings
Cost Estimate Range
Low High
1 $50 $100
1 $1,500 $2,000
0 $0 $0
TOTAL FINDINGS 2
$1,550
$2,100
19
TREGENT PARK
Priority:
High
Medium
Low
# of Findings
14
11
0
Cost Estimate Range
Low High
$650
$24,500
$0
$1,050
$35,750
$0
TOTAL FINDINGS
25
$25,150
$36,800:
WOMEN'S HERITAGE PLAZA
Priority:
High
Medium
Low
# of Findings
1
1
0
Cost Estimate Range
Low High
Maintenance
$1,500
$0
Maintenance
$2,000
$0
TOTAL FINDINGS
$1,500'
$2 000
Survey of Estes Park Owned Public Rights -of -way
Since the adoption of the ADA, Estes Park has endeavored to provide accessible pedestrian features as part
of the Town's capital improvement projects. As additional information was made available regarding the
methods of providing accessible pedestrian features, the Town updated its procedures to accommodate these
methods.
Estes Park utilizes two methods for upgrading pedestrian facilities to current ADA and Public Right-of-way
Accessibility Guidelines (PROWAG). The first and most comprehensive method is through scheduled street
and utility improvement projects. All pedestrian facilities impacted by these projects are upgraded to current
ADA and PROWAG accessibility standards and guidelines.
The Estes Park goal is to continue to provide accessible pedestrian design features as part of its capital
improvement projects. The Town has adopted ADA and PROWAG design standards and procedures. These
standards and procedures will be kept current with nationwide and local best management practices.
The Town will consider and respond to all accessibility improvement requests. All accessibility improvements
that are deemed reasonable will be scheduled consistent with transportation priorities.
The Town will coordinate with external agencies to ensure that all new or altered pedestrian facilities within the
Town jurisdiction are ADA and PROWAG compliant to the maximum extent feasible.
20
Maintenance of pedestrian facilities within the public rights -of -way will continue to follow the policies set forth
by the Town. Examples of typical maintenance items relating to accessibility include snow removal and ice
control for sidewalks, sidewalk repair policy, renewal of crosswalk markings, and signal hardware.
Requests for accessibility improvements can be submitted to the ADA Coordinator.
Many other agencies are responsible for pedestrian facilities within the jurisdiction of Estes Park. The Town will
coordinate with those agencies to assist with identifying and facilitating elimination of accessibility barriers
along their routes.
Mile High Accessibility surveyed the following public right-of-way elements for compliance PROWAG:
• Pedestrian Access Routes • Alternate Pedestrian Access Routes
• Curb Ramps and Blended Transitions • Detectable Warning Surfaces
• Accessible Pedestrian Signals • Pedestrian Street Crossings
• Pedestrian Push Buttons • Passenger Loading Zones
For natural surface trails, Mile High Accessibility collected data for the trail head, trail head parking, and trail
head amenities.
Public Right-of-way Prioritization
The prioritization of public right-of-way barriers to accessibility is based on location and access to Estes Park
programs and services. With PROWAG and the ADA, there are two categories of barrier removal that are
identified in a self -evaluation and transition plan to help prioritize the removal of barriers in the public right-of-
way:
1. Public right-of-way barriers which prevent access to local governments' services, programs, and
activities, when viewed in their entirety.
2. Public right -of way barriers which were created by new construction or alterations (i.e., new
construction of sidewalks and intersections in the public right-of-way built after January 26, 1992),
which do not comply with enforceable ADA standards or PROWAG at the time of construction.
To help determine when public right-of-way barriers to accessibility should be remediated, the barriers in
sidewalks, curb ramps, and shared use paths are prioritized in the following order:
A. Arterial roads with access to many programs.
B. Collector roads with access to many programs.
C. Local roads with access to fewer programs.
D. Residential roads and shared use paths with minor access to few programs.
E. Little to no access to available programs.
Mile High Accessibility assigns the barriers within the above categories a priority level of High, Important,
Moderate, and Low, depending on the type of road or public right-of-way, and the type of barrier.
In addition to the prioritization based on the type of road and the access to available programs, sidewalk and
curb ramp barriers are prioritized by the type of barrier existing in a sidewalk or curb ramp as demonstrated in
the tables below.
21
0
Sidewalk Barrier Prio
Little to no access
to available
programs
N
W
N
W
E3 - S
et
W
v)
Le)
W
U)
co
LU
U)
N
W
Residential
roads/shared use
paths with minor
access to few
programs
V1
l—I
V1
N
V)
M
Le)
CF
VI
V1
V)
t0
D7 - S
PRIORITY KEY HIGH MEDIUM LOW
Local roads with
access to fewer
programs
V)
a-1
U
VI
N
U
C3-S
Vf
CY
U
Vl
VI
U
V)
cD
0
C7 - S
Collector roads
with access to
various programs
V!
rl
fll
V).
N
CO
83-S
Vf
CF
CO
V)
Vf
CO
V1
SO
CO
B7 - S
Arterial roads
with access to
various programs
VI
ci
4
I)
fV
4
V1
M
Q
V1
et
Q
V)
V1
Q
VI
l0
4
S -LV
Description
No curb ramp provided
public access route
Running slope, Cross
slope, or Counter slope
deficiencies
Damaged
Side flares, width, and
turning space
Detectable warning
deficiencies
Vertical discontinuity or
various minor deficiencies
No deficiencies reported
Curb Ramp Barrier Prioritization
Little to no access
to available
programs
ce
u
U-1
W
cc
u
N
W
cc
u
M
W
cc
0
W W
cc
v
of
W
cc
U
lb
W
Residential
roads/shared use
paths with minor
access to few
programs
0
e-1
0
CC 0
N
0
U
m
0
CC 00
d'
0
of
0
0
W
0
PRIORITY KEY HIGH MEDIUM LOW
Local roads with
access to fewer
programs
ce
u
`-1
U
V
N
U
C3 - CR
(am.)
'7
U
cc
u
N
U
V
W
U
Collector roads
with access to
various programs
U
a-1
U
(NI
0:1
B3 - CR
U
ct
co
u
M
on
U
l )
cCi
Arterial roads
with access to
various programs
U
4
U
4
U
0
4
0
Q
U
4
Description
No curb ramp provided
public access route
Running slope, Cross
slope, or Counter slope
deficiencies
Damaged
Side flares, width, and
turning space
Detectable warning
deficiencies
Vertical discontinuity or
various minor deficiencies
,ESTES, PARK -STREETS AND PARKING LOTS SURVEYED,
Big Horn Parking Lot
Community Dr
ERiverside D,
First St
Fourth St
MacGregor Ave
Moraine Ave
NSt. Wain Avo
parkLn
Post Office Parking Lot
Rivenwa|h
Second St
Spruce Dr
St. Wain / Big Thompson Ave
Stanley Ave
Town Hall Plaza
Visitor Center
VVRiverside Parking Lot
Big Thompson Ave
E Elkhorn Ave
Fall River Rd
Fish Creek Trail
Lake Shore DrTrail
K8anhz,dAxe
Moraine Trail
North Court
Performance Park Parking Lot
Riverside Parking Lot
S GL Wain Ave
South Court
Spruce Parking Lot
St. Wain Ave Trail
Third St
Virginia Dr
VxElkhorn Ave
Estes Park Transit Stops and On -street Parking
24
Public Right-of-way Transition Plan Database
The Mile High Accessibility Public Right-of-way Transition Plan Database contains these fields:
• Finding Number
• Area Description
• Latitude and Longitude Coordinates
• Finding Description
• As -built Condition
• Recommendations to Remove Barrier
• Milestone Dates for Barrier Removal
• PROWAG Guidelines Citations
• Barrier Priority
• Cost Estimate Range
• Status of Finding
• Photograph of Finding
• Notes
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
25
Public Right-of-way Summary Reports
Street
Curb Ramp Curb Ramp Sidewalk- 'Sidewalk Street Street
Total - Low , ; Total- High Total - Low - Total- High Totals Low Totals High
Big Horn Parking Lot $8,600 $10,150 $50 $100 $8,650 $10,250
Big Thompson Ave $21,050 $24,200 $390,850 $511,700 $411,900 $535,900
Community Dr
E Elkhorn Ave
E Riverside Dr
Fall River Rd
First St
----------------------------------
Fish Creek Trail
Fourth St
Lake Shore Dr Trail
MacGregor Ave
Manford Ave
$4,750 $5,500 $6,900 $10,400 $11,650 $15,900
$10,050 $12,850 $40,475 $61,050 $50,525 $73,900
$20,600 $24,400 $9,325 $14,050 $29,925 $38,450
$0 $0 $121,200 $181,800 $121,200 $181,800
$0 $0 $45,600 $45,600 $45,600 $45,600
$1,150 $1,800 $52,200 $78,300 $53,350 $80,100
$1,000 $1,500 $4,400 $5,100 $5,400 $6,600
$0 $0 $39,660 $59,540 $39,660 $59,540
$350 $400 $9,390 $14,160 $9,740 $14,560
$4,200 $5,050 $250 $300 $4,450 $5,350
Moraine Ave $14,800 $17,200 $35,775 $54,050 $50,575 $71,250
Moraine Ave Trail $700 $800 $44,000 $66,000 $44,700 $66,800
N St. Vrain Ave $13,100 $15,900 $24,250 $36,375 $37,350 $52,275
North Court $0 $0 $45,600 $45,600 $45,600 $45,600
Park Ln $0 $0 $0 $0 $0 $0
Performance Park $5,000 $6,500 $13,345 $19,725 $18,345 $26,225
Post Office Parking Lot $11,700 $14,800 $13,900 $21,000 $25,600 $35,800
Riverside Parking Lot $6,000 $8,000 $7,950 $11,925 $13,950 $19,925
Riverwalk $7,850 $9,900 $46,100 $71,150 $53,950 $81,050
S St. Vrain Ave $59,300 $74,700 $69,750 $104,650 $129,050 $179,350
Second St $0 $0 $52,000 $78,000 $52,000 $78,000
South Court $0 $0 $30,400 $45,600 $30,400 $45,600
Spruce Dr $5,000 $6,500 $7,875 $10,850 $12,875 $17,350
Spruce Parking Lot $1,000 $1,500 $4,350 $6,600 $5,350 $8,100
St. Vrain / Big Thompson $3,000 $3,500 $3,075 $4,650 $6,075 $8,150
St. Vrain Ave Trail $5,600 $6,400 $743,775 $945,700 $749,375 $952,100
Stanley Ave $4,000 $5,000 $21,410 $32,165 $25,410 $37,165
Third St $0 $0 $70,000 $105,000 $70,000 $105,000
Town Hall Plaza $0 $0 $5,200 $7,800 $5,200 $7,800
Virginia Dr $5,350 $6,900 $11,975 $18,000 $17,325 $24,900
Visitor Center $350 $400 $32,600 $47,850 $32,950 $48,250
W Elkhorn Ave $51,900 $66,100 $117,925 $175,700 $169,825 $241,800
W Riverside Parking Lot $0 $0 $9,285 $14,715 $9,285 $14,715
STREET TOTALS
2023 Dollars
$266,400 $329,950
$2,130,840 $2,905,205
$2,397,240 $3,235,155
26
PRIORITIZED PUBLIC RIGHT-OF-WAY FINDINGS IN 2023 DOLLARS
Priorit Level Findin • s Total - Low Total - h
SIDEWALKS AND CURB RAMPS
Al - A3 (High) 164 $382,900 $542,725
B1 - B3 (High) 118 $248,375 $334,020
Cl - C5 (Medium) 24 $28,975 $38,600
D1 - 05 (Medium) 142 $1,623,435 $2,157,740
A4 - A5 (Medium) 115 $60,450 $83,900
B4 - 65 (Medium) 111 $52,905 $78,770
El - E7 (Low) 0 $0 $0
A,B,C,D 6-7 (Low) 4 $200 $400
TRANSIT STOPS
High 5 $850 $1,600
Medium 25 $2,650 $37,600
Low 0 $0 $0
ON -STREET PARKING
High 0 $0 $0
Medium 4 $21,500 $30,750
Low 0 $0 $0
Totals
712 $2,422,240 $3,305,105
Transit Stops / On -street Parking Findings Summary Reports
TRANSIT STOPS
# of Findings
Priority:
High 5
Medium 25
Low 0
Cost Estimate Range
Low High
$850 $1,600
$26,250 $37,600
$0 $0
TOTAL FINDINGS 30 $27 100
$39 200
27
ON -STREET PARKING
Priority:
Cost Estimate Range
# of Findings Low High
High 0 $0 $0
Medium 4 $21,500 $30,750
Low 0 $0 $0
TOTAL FINDINGS
$21,500
$30,750
Greater detail of transit stops and on -street parking findings can be found in the report listed in Appendix C,
item number 4.
Conclusion
The ADA self -evaluation and transition planning process are vital steps towards creating an inclusive
environment for individuals with disabilities. It demonstrates a commitment to equal access and provides a
roadmap for necessary improvements and accommodations. By identifying and addressing barriers, the Town
of Estes Park can enhance accessibility, promote diversity and inclusion, and ensure compliance with the ADA
and PROWAG. Continuously reviewing and updating the ADA Self -evaluation and Transition Plan will help
maintain an inclusive environment over time.
28
Appendix A: ADA Definitions
Alterations
When a public entity chooses to alter any of its facilities, the elements and spaces being altered must comply
with the 2010 Standards. An alteration is defined as remodeling, renovating, rehabilitating, reconstructing,
changing, or rearranging structural parts or elements, changing or rearranging plan configuration of walls and
full -height or other fixed partitions, or making other changes that affect (or could affect) the usability of the
facility. Examples include restriping a parking lot, moving walls, moving a fixed ATM to another location,
installing a new service counter or display shelves, changing a doorway entrance, or replacing fixtures,
flooring, or carpeting. Normal maintenance, reroofing, painting, wallpapering, or other changes that do not
affect the usability of a facility are not considered alterations. The 2010 Standards set minimum accessibility
requirements for alterations. In situations where strict compliance with the Standards is technically infeasible,
the entity must comply to the maximum extent feasible (see Technically Infeasible below).
Auxiliary Aids and Services
• Qualified interpreters or other effective methods of making orally delivered materials available to
individuals with hearing impairments.
• Qualified readers, taped texts, or other effective methods of making visually delivered materials
available to individuals with visual impairments.
• Acquisition or modification of equipment or devices; and other similar services and actions.
Complaint
A complaint is a claimed violation of the ADA.
Disability
• A physical or mental impairment that substantially limits one or more of the major life activities of such
an individual.
• A record of such impairment; or
• Being regarded as having such an impairment.
Discrimination Based on Disability
• Limit, segregate, or classify a citizen in a way that may adversely affect opportunities or status because
of the person's disability.
• Limit, segregate, or classify a participant in a program or activity offered to the public in a way that may
adversely affect opportunities or status because of the participant's disability.
• Participate in a contract that could subject a qualified citizen with a disability to discrimination.
• Use any standards, criteria, or methods of administration that have the effect of discriminating based on
disability.
• Deny equal benefits because of a disability.
• Fail to provide reasonable accommodations to known physical or mental limitations of an otherwise
qualified individual unless it can be shown that the accommodation would impose an undue burden on
the organization's operations.
• Use selection criteria that exclude otherwise qualified people with disabilities from participating in the
programs or activities offered to the public.
29
• Fail to use tests, including eligibility tests, in a manner that ensures that the test results accurately
reflect the qualified applicant's skills or aptitude to participate in a program or activity.
Fundamental Alteration
A modification that is so significant that it alters the essential nature of the goods, services, facilities, privileges,
advantages, or accommodations offered. If a public entity can demonstrate that the modification would
fundamentally alter the nature of its service, program, or activity, it is not required to make the modification. If a
public accommodation (private entity) can demonstrate that a modification would fundamentally alter the nature
of the goods, services, facilities, privileges, advantages, or accommodations it provides, it is not required to
make the modification.
Having a Record of Impairment
An individual is disabled if he or she has a history of having an impairment that substantially limits the
performance of a major life activity; or has been diagnosed, correctly or incorrectly, as having such impairment.
Physical or Mental Impairments
Physical or mental impairments may include, but are not limited to: vision, speech, and hearing impairments;
emotional disturbance and mental illness; seizure disorders; mental retardation; orthopedic and neuromotor
disabilities; learning disabilities; diabetes; heart disease; nervous conditions; cancer; asthma; Hepatitis B; HIV
infection (HIV condition); and drug addiction if the addict has successfully completed or is participating in a
rehabilitation program and no longer uses illegal drugs.
The following conditions are not physical or mental impairments: transvestitism; illegal drug use; homosexuality
or bisexuality; compulsive gambling; kleptomania; pyromania; pedophilia; exhibitionism; voyeurism; pregnancy;
height; weight; eye color; hair color; left-handedness; poverty; lack of education; a prison record; and poor
judgment or quick temper if not symptoms of a mental or physiological disorder.
Qualified Individual with a Disability
A qualified individual with a disability means an individual with a disability who, with or without reasonable
modification to rules, policies, or practices; the removal of architectural, communication, or transportation
barriers; or the provision of auxiliary aids and services, meets the essential eligibility requirements for the
receipt of services or the participation in programs or activities provided by the Town.
Reasonable Program Modifications
If the individual's disabilities prevent them from performing the essential functions of the program or activity, it
is necessary to determine whether reasonable program modifications would enable an individual to perform the
essential functions of the program or activity.
Reasonable program modification is any change in program or activity or in the way things are customarily
done that enables an individual with a disability to enjoy equal program opportunities. Accommodation means
modifications or adjustments:
• To a registration or application process to enable an individual with a disability to be considered for the
program or activity.
• To the program or activity environment in which the duties of a position are performed so that a person
with a disability can perform the essential functions of the program or activity.
• That enables individuals with disabilities to enjoy equally the benefits of the program or activity as other
similarly situated individuals without disabilities enjoy.
30
Modification includes making existing facilities and equipment used by individuals readily accessible and
usable by individuals with disabilities.
Modification applies to:
• All decisions and to the application or registration process.
• All services provided in connection with the program or activity.
• Known disabilities only.
Modification is not required if:
• It changes the essential nature of a program or activity of the person with a disability.
• It creates a hazardous situation.
• Adjustments or modifications requested are primarily for the personal benefit of the individual with a
disability.
• It poses an undue burden.
Regarded as Having a Disability
An individual is disabled if she or he is treated or perceived as having an impairment that substantially limits
major life activities, although no such impairment exists.
Reasonable Modification of Policies and Procedures
Many routine policies, practices, and procedures are adopted by public entities without thinking about how they
might affect people with disabilities. Sometimes a practice that seems neutral makes it difficult or impossible for
a person with a disability to participate. In these cases, the ADA requires public entities to make "reasonable
modifications" in their usual ways of doing things when necessary to accommodate people who have
disabilities. For example:
• A person who uses crutches may have difficulty waiting in a long line to vote or register for college
classes. The ADA does not require that the person be moved to the front of the line (although this
would be permissible), but staff must provide a chair for him and note where he is in line, so he does
not lose his place.
• A person who has an intellectual or cognitive disability may need assistance in completing an
application for public benefits.
• A public agency that does not allow people to bring food into its facility may need to make an exception
for a person who has diabetes and needs to eat frequently to control his glucose level.
• A city, town, or county ordinance that prohibits animals in public places must be modified to allow
people with disabilities who use service animals to access public places. (This topic is discussed more
fully later.)
• A city, town, or county ordinance that prohibits motorized devices on public sidewalks must be modified
for people with disabilities who use motorized mobility devices that can be used safely on sidewalks.
Only "reasonable" modifications are required. Any modification that would result in a "fundamental alteration"
or a change in the essential nature of the entity's programs or services is not required.
31
Safe Harbor
The requirements in the 2010 ADA Standards are, for many building elements, identical to the 1991 Standards
and the earlier Uniform Federal Accessibility Standards (UFAS). For some elements, however, the
requirements in the 2010 Standards have changed. For example:
• The 1991 Standards allowed light switches, thermostats, and other controls to be installed at a
maximum height of 54 inches. Under the 2010 Standards, the maximum height is 48 inches.
• The 1991 Standards required one van -accessible space for every eight accessible spaces. The 2010
Standards require one van -accessible space for every six accessible spaces.
• The 2010 Standards for assembly areas contain revised requirements for dispersion of accessible
seating, sightlines over standing spectators, and companion seating.
If a facility was in compliance with the 1991 Standards or UFAS as of March 15, 2012, a public entity is not
required to make changes to meet the 2010 Standards. This provision is referred to as the "safe harbor." It
applies on an element -by -element basis and remains in effect until a public entity decides to alter a facility for
reasons other than the ADA. For example, if a public entity decides to restripe its parking lot (which is
considered an alteration), it must then meet the ratio of van accessible spaces in the 2010 Standards.
The 2010 Standards also contain requirements for recreational facilities that were not addressed in the 1991
Standards or UFAS. These include swimming pools, play areas, exercise machines, court sport facilities, and
boating and fishing piers. Because there were no previous accessibility standards for these types of facilities,
the safe harbor does not apply. The program access rules apply, and the 2010 Standards must be followed
when structural change is needed to achieve program access.
Service Animals
Under the ADA, a service animal is defined as a dog that has been individually trained to do work or perform
tasks for an individual with a disability. The task(s) performed by the dog must be related to the person's
disability. For example, many people who are blind or have low vision use dogs to guide and assist them with
orientation. Many individuals who are deaf use dogs to alert them to sounds. People with mobility disabilities
often use dogs to pull their wheelchairs or retrieve items. People with epilepsy may use a dog to warn them of
an imminent seizure, and individuals with psychiatric disabilities may use a dog to remind them to take
medication. Dogs can also be trained to detect the onset of a seizure or panic attack and to help the person
avoid the attack or be safe during the attack. Under the ADA, "comfort," "therapy," or "emotional support"
animals do not meet the definition of a service animal because they have not been trained to do work or
perform a specific task related to a person's disability.
Allowing service animals into a "no pet" facility is a common type of reasonable modification necessary to
accommodate people who have disabilities. Service animals must be allowed in all areas of a facility where the
public is allowed except where the dog's presence would create a legitimate safety risk (e.g., compromise a
sterile environment such as a burn treatment unit) or would fundamentally alter the nature of a public entity's
services (e.g., allowing a service animal into areas of a zoo where animals that are natural predators or prey of
dogs are displayed and the dog's presence would be disruptive). The ADA does not override public health
rules that prohibit dogs in swimming pools, but they must be permitted everywhere else.
The ADA requires that service animals be always under the control of the handler and be harnessed, leashed,
or tethered, unless these devices interfere with the service animal's work or the individual's disability prevents
him from using these devices. Individuals who cannot use such devices must maintain control of the animal
through voice, signal, or other effective controls.
Public entities may exclude service animals only if 1) the dog is out of control and the handler cannot or does
not regain control; or 2) the dog is not housebroken. If a service animal is excluded, the individual must be
allowed to enter the facility without the service animal.
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Public entities may not require documentation such as proof that the animal has been certified, trained, or
licensed as a service animal, as a condition for entry. In situations where it is not apparent that the dog is a
service animal, a public entity may ask only two questions: 1) is the animal required because of a disability?
and 2) what work or task has the dog been trained to perform? Public entities may not ask about the nature or
extent of an individual's disability.
The ADA does not restrict the breeds of dogs that may be used as service animals. Therefore, a town
ordinance that prohibits certain breeds must be modified to allow a person with a disability to use a service
animal of a prohibited breed, unless the dog's presence poses a direct threat to the health or safety of others.
Public entities have the right to determine, on a case -by -case basis, whether use of a particular service animal
poses a direct threat, based on that animal's actual behavior or history; they may not, however, exclude a
service animal based solely on fears or generalizations about how an animal or breed might behave.
The ADA does not require service animals to be certified, licensed, or registered as a service animal. Nor are
they required to wear service animal vests or patches, or to use a specific type of harness. There are
individuals and organizations that sell service animal certification or registration documents to the public. The
Department of Justice does not recognize these as proof that the dog is a service animal under the ADA.
Substantial Limitations of Major Life Activities
Individuals are disabled if they have a physical or mental impairment that (a) renders them unable to perform a
major life activity, or (b) substantially limits the condition, manner, or duration under which they can perform a
particular major life activity in comparison to other people.
Major life activities are functions such as caring for oneself, performing manual tasks, walking, seeing, hearing,
speaking, breathing, learning, and working.
In determining whether physical or mental impairment substantially limits the condition, manner, or duration
under which an individual can perform a particular major life activity in comparison to other people, the
following factors shall be considered:
® The nature and severity of the impairment.
• The duration or expected duration of the impairment.
• The permanent or long-term impact (or expected impact) of or resulting from the impairment.
Technically Infeasible
Is defined as an alteration that has little likelihood of being accomplished because existing structural conditions
would require removing or altering a load -bearing member that is an essential part of the structural frame; or
because other existing physical or site constraints prohibit modifications or additions that comply fully with the
Standards. The 2010 Standards also contain an exemption for certain alterations that would threaten or
destroy the historic significance of an historic property.
Undue Burden
The Town of Estes Park shall not provide an accommodation that imposes an undue burden on the operation
of the Town's business. An undue burden means significant difficulty or expense incurred in the provision of
accommodation. Undue burden includes, but is not limited to, financial difficulty. Undue burden refers to any
modification that would be unduly costly, extensive, substantial, or disruptive, or that would fundamentally alter
the nature of operation of the business of the Town.
Whether a particular accommodation will impose an undue hardship is determined on an individual basis. If a
particular modification is determined to cause an undue burden to the Town of Estes, the Town shall attempt to
identify another modification that would not pose such a burden. If cost causes an undue burden, the Town
must consider whether funding for modification is available from an outside source. If no such funding is
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available, the Town must give the person with a disability the opportunity to provide the modification or to pay
for that portion of the modification that constitutes an undue burden.
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Appendix B: Glossary of Terms
ABA: See Architectural Barriers Act.
ADA: See Americans with Disabilities Act.
ADA Transition Plan: Transportation system plan that identifies accessibility needs, the process to fully
integrate accessibility improvements, and aims to ensure that all transportation facilities, services, programs,
and activities are accessible to all individuals.
ADAAG: See Americans with Disabilities Act Accessibility Guidelines.
Accessible: A facility that provides access to people with disabilities using the design requirements of the
ADA.
Accessible Pedestrian Signal (APS): A device that communicates information about the WALK phase in
audible and vibrotactile formats.
Alteration: A change to a facility in the public right-of-way that affects or could affect access, circulation, or
use. An alteration must not decrease or have the effect of decreasing the accessibility of a facility or an
accessible connection to an adjacent building or site.
Americans with Disabilities Act (ADA): Civil rights legislation passed in 1990 and effective July 1992. The
ADA sets design guidelines for accessibility to public facilities, including sidewalks and trails, by individuals
with disabilities.
Americans with Disabilities Act Accessibility Guidelines (ADAAG): Contains scoping and technical
requirements for accessibility to buildings and public facilities by individuals with disabilities under the
Americans with Disabilities Act (ADA) of 1990.
APS: See Accessible Pedestrian Signal.
Architectural Barriers Act (ABA): Federal law that requires facilities designed, built, altered, or leased with
federal funds to be accessible. The Architectural Barriers Act marks one of the first efforts to ensure access to
the built environment.
Capital Improvement Program (CIP): The CIP for a public agency typically includes an annual capital budget
and a five-year plan for funding the new construction and reconstruction projects on the agency's
transportation system.
Detectable Warning: A surface feature of truncated domes, built in or applied to the walking surface to
indicate an upcoming change from pedestrian to vehicular way.
DOJ: See United States Department of Justice.
Federal Highway Administration (FHWA): A branch of the U.S. Department of Transportation that
administers the federal -aid Highway Program, providing financial assistance to states to construct and improve
highways, urban and rural roads, and bridges.
FHWA: See Federal Highway Administration.
Pedestrian Access Route (PAR): A continuous and unobstructed walkway within a pedestrian circulation
path that provides accessibility.
Pedestrian Circulation Route (PCR): A prepared exterior or interior way of passage provided for pedestrian
travel.
PROWAG: An acronym for the Public Right-of-way Accessibility Guidelines issued in 2005 by the U.S. Access
Board. This guidance addresses roadway design practices, slope and terrain related to pedestrian access to
walkways and streets, including crosswalks, curb ramps, street furnishings, pedestrian signals, parking, and
other components of public rights -of -way.
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Right -of -Way: A general term denoting land, property, or interest therein, usually in a strip, acquired for the
network of streets, sidewalks and trails creating public pedestrian access within a public entity's jurisdictional
limits.
Section 504: The section of the Rehabilitation Act that prohibits discrimination by any program or activity
conducted by the federal government.
Uniform Federal Accessibility Standards (UFAS): Accessibility standards that all federal agencies are
required to meet; includes scoping and technical specifications.
United States Access Board: An independent federal agency that develops and maintains design criteria for
buildings and other improvements, transit vehicles, telecommunications equipment, and electronic and
information technology. It also enforces accessibility standards that cover federally funded facilities.
United States Department of Justice: Federal executive department responsible for enforcement of the law
and administration of justice (also referred to as the Justice Department or DOJ).
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Appendix C: Additional Reports
Due to the size of the extensive data collected, the files noted in these documents are not directly attached to
the ADA Transition Plan but are available from the Town upon request.
1. Facilities ADA Transition Plan Database
2. Parks ADA Transition Plan Database
3. Public Right-of-way Transition Plan Database
4. Transit Stops and On -street Parking Transition Plan Database
5. Parks Site Accessibility Evaluation Reports
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