Transit Bus Stops: Ownership, Liability, and Access (2008)

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27 • The permit shall be revocable on 30 days prior writ- ten notice to the permittee from the Director of Public Works, in which event the permittee shall at his or her own expense remove the bus shelter or bus shelters installed pursuant to the permit and shall restore the sidewalk as nearly as practicable to its condition prior to such installation.312 IV. STATUTORY PROVISIONS/GOVERNMENTAL PROCESS TO BE FOLLOWED FOR BUS STOPS/BUS SHELTERS A. Responsibility for Installation and Maintenance of Bus Stop/Bus Shelter The responsibility for installing and maintaining bus stops/shelters may be set by state or local law. In some cases installing or maintaining bus stops/shelters may be required to obtain development or other governmen- tal approvals.313 Local developers may be required to provide bus stops as a condition of approval of zoning amendments. For example, in Tampa, Florida, the development order for the International Plaza shopping mall, which opened in September 2001, required that “the developer build two bus shelters and pullout bays along two highways lo- cated one-half mile from mall property.”314 Palm Beach County, Florida, also may require bus stop placement as a condition of approval of zoning amendments.315 Property owners are often responsible for maintain- ing the area in front of their properties to the curb,316 and so may be responsible for maintaining the area around a bus stop.317 Local jurisdictions may specify maintenance responsibilities for bus benches and bus 312 Oakland Code, 12.08.010, Public telephones and bus shel- ters, www.bpcnet.com/cgi- bin/hilite.pl/codes/oakland/_DATA/TITLE12/Chapter_12_08_E NCROACHMENTS.html#1. 313 See HINEBAUGH, LAND, & STAES, supra note 154. 314 SARA J. HENDRICKS, Principal Investigator & CECILIA DYHOUSE, Graduate Student Assistant, CENTER FOR URBAN TRANSPORTATION RESEARCH, 13 LAND DEVELOPER PARTICIPATION AND DEVELOPER PARTICIPATION IN PROVIDING FOR BUS TRANSIT FACILITIES AND OPERATIONS (2002), http://www.dot.state.fl.us/research- center/Completed_Proj/Summary See also Resolution Approv- ing Zoning Petition PDD99-077 Official Zoning Map Amend- ment to a Planned Development District (PDD), Exhibit Cl Affordable Housing Conditions, www.pbcgov.com/pzb/zoning/resolutions/2000/R-2000-1234.pdf. 315 Resolution Approving Zoning Petition PDD99-077, Offi- cial Zoning Map Amendment to a Planned Development Dis- trict (PDD), www.pbcgov.com/pzb/zoning/resolutions/2000/R- 2000-1234.pdf. 316 See, e.g., Dursi v. City Transit Auth., 198 A.D. 2d 470, 604 N.Y.S.2d 960 (1993). 317 See, e.g,. Metro Bus Shelters, Seattle Office of Economic Development ,http://www.seattle.gov/economicdevelopment/biz_. shelters, including timeframes for making needed re- pairs.318 B. Design Guidelines Design guidelines may be mandatory or hortatory.319 Regardless of state or municipal design guidelines, new bus stops and shelters must meet U.S. DOT require- ments for ADA compliance.320 Lift accessibility should be considered when installing bus bulbs.321 C. Placement In addition to transit agency guidelines for bus stop placement, local and state governments often specify the locations allowed for bus stops and bus shelters. Possible sources for requirements include community development codes322 and sign codes.323 Limitations on placement are also found in bus shelter franchise au- thorizing statutes.324 In addition, ADA requirements, referenced supra, will influence placement. Placement 318 West Jordan, Utah, www.wjordan.com/files/ BENCHSIGNAPP_10-05.pdf. 319 See, e.g,. West Jordan, Utah (mandatory), www.ci.west- jordan.ut.us/files/BENCHSIGNAPP_10-05.pdf; Westchester County, supra note 102. Recommended: Bus stop dimensions, pp. 6, 11; pavement construction for bus pads, p. 7; bus turn- outs, p. 10; waiting pads, p. 12; bus shelter placement, p. 13; summary of desirable bus stop features, p. 15. 320 Pt. IV, DOT, 49 C.F.R., pts. 27, 37, & 38, Transportation for Individuals With Disabilities; Final Rule. Sample graphic of minimum design dimensions: Westchester County, supra note 102, p. 17. See § III.B, Accessibility of Bus Stop/Bus Shelter infra this report. 321 See FITZPATRICK ET AL., supra note 1, at 6, 9 (possible dif- ficulty maintaining appropriate slope for wheelchair at bus bulb). A bus bulb (or curb extension, nub, or bus bulge) is “a section of sidewalk that extends from the curb of a parking lane to the edge of a through lane.” Id. at 1. The authors identi- fied the following cities as having bus bulbs: Charlotte, North Carolina; Grand Rapids and Lansing, Michigan; Orlando and West Palm Beach, Florida; Portland, Oregon; San Francisco, California; and Seattle, Washington. Id. at. 3. 322 E.g., A-Engrossed Ordinance No. 588, Exhibit 32, Oct. 9, 2002: Cedar Hills-Cedar Mill Community Plan, www.co.washington.or.us/deptmts/lut/planning/ord2002/ord588 a/ord588aex32.pdf. 323 E.g., West Jordan, Utah (bus bench/bus shelter locations specified in sign ordinance), www.wjordan.com/files/BENCHSIGNAPP_10-05.pdf. 324 E.g. St. Paul, Minnesota, City Code, app. I., Bus Stop Shelter Franchise. Section 8, Other Franchises, provides: No bus stop shelters with advertising displayed thereon shall be allowed to occupy or use a right-of-way of any street or highway within the City of Saint Paul without a franchise. This shall not, however, include non-advertising shelters constructed by Metro Transit. The rights hereby granted are not exclusive and the city may grant like rights and responsibilities to other persons during the term of this franchise. (Ord. No. 17237, § 8, 5-9-85; C.F. No. 95-516, § 8, 6-7-95; C.F. No. 05-457, § 8, 6-8-05). www.stpaul.gov/code/appi.html.

28 requirements may also be included in franchise agree- ments.325 D. Permit Requirements Bus stops/shelters are generally subject to numerous requirements, such as those for building permits, sign code permits,326 and electrical permits.327 Required documentation may include Engineer of Record signed and sealed plans and profile sections and details; Main- tenance of Traffic Plan; a letter notifying neighboring property owners of construction; photographs of exist- ing conditions; a lane closure request form; and a right- of-way permit. In addition, bus shelter installation is likely to require numerous construction inspections.328 E. Liability Issues As described supra in this report, state statutes often set the parameters for the liability of public entities. State statutes may require or authorize localities to have public liability insurance in connection with bus shelters.329 F. Environmental Requirements Many bus stop projects, including at least small bus shelters, will qualify as categorical exclusions under federal environmental requirements. More complex projects may require more documentation. Also state environmental statutes may have more stringent re- quirements.330 G. Advertising Use of advertising is often subject to statutory or regulatory requirements. Many jurisdictions regulate 325 Exhibit A—Recommended Appendix G Ordinance Changes (dated Aug. 14, 2006), at 7. www.ci.minneapolis.mn.us/council/2006- meetings/20060901/docs/02_Appendix_G_revision_081406_v2 revision_081406_v2.pdf. 326 E.g,. West Jordan, Utah: www.ci.west- jordan.ut.us/files/BENCHSIGNAPP_10-05.pdf; Miami Beach: Bus Shelter Installation Permit Application Checklist, www.miamibeachfl.gov/NEWCITY/depts/public_works/Bus%20 Shelter%20Checklist%20Feb%202004.pdf. 327 See, e.g., Request for Proposals, RFP # 10-01-06. Bus Shelter Program Issued by Transit Management of Mobile, www.thewavetransit.com/BusinessInitiatives/files/BusShelter RFP.pdf. 328 See, e.g., Miami Beach: Bus Shelter Installation Permit Application Checklist, www.miamibeachfl.gov/NEWCITY/depts/public_works/Bus%20 Shelter%20Checklist%20Feb%202004.pdf. 329 E.g., Transportation Code, ch. 316, Use of Municipal Streets and Sidewalks for Public Conveniences and Amenities or for Private Uses, subch. A., Use of Municipal Streets and Sidewalks for Public Conveniences and Amenities. Sec. 316.002, Permitted Improvements or Facilities on Municipal Street. Sec. 316.004, Permit Program, http://tlo2.tlc.state.tx.us/statutes/tn.toc.htm. 330 See III.E, Environmental Issues, supra this report. bus shelter advertising through their sign codes.331 WMATA makes advertising subject to its use regula- tions. Part 100 of the use regulations provides: “Bus shelter advertising will be conditional on obtaining the necessary authorizations from the surrounding jurisdic- tions.”332 The specific requirements for advertising on the Metrobus system are: (1) All advertising on the Authority’s property shall com- ply with the applicable advertising guidelines that govern the advertising inventory. (2) All advertising shall be truthful and in compliance with the laws of the signatories; the laws, ordinances, and regulations of the political subdivisions in the transit zone; and the rules and regulations of the Authority. (3) Advertising which is false or misleading is prohibited. (4) The use of the Authority's graphics or representations in advertising is subject to the Authority's approval. (5) The Authority reserves the right to reject or remove any advertising that is in violation of the laws of the sig- natories; the laws, ordinances and regulations of the po- litical subdivisions in the transit zone; or the terms and conditions of the contractual agreement.333 H. Agencies/Community Groups That Must Be Consulted Community development planning, transit planning, and construction permitting processes all affect bus stop/shelter placement. Thus there are public agencies and community groups involved in those processes that often must be consulted about bus stop/shelter place- ment. Generally a number of state and/or local agencies must approve the location/relocation of bus stops/shelters. Departments of Public Works and Right- of-Way are likely to be involved. For example, in Los Angeles, the Department of Public Works, Bureau of Street Services (PW-BSS), must review requests for bus stop relocations. The City Council also has input into determining bus shelter locations.334 In some states, bus shelters in the state right-of-way require the approval of the state DOT. In Utah, for example, an entity that wants to install a bus shelter must consult the transit agency, the municipality in which the shelter is to be located, and the Utah DOT.335 Some jurisdictions also involve agencies that work with groups likely to use transit. For example, in Berke- ley, California, the Commission on Aging and the 331 See III.D, Advertising, supra this report. 332 WMATA Use Regulations. Sept. 2004, www.wmata.comabout/parp_docs/UseRegulations.pdf. 333 Id., § 100.9, Advertising on Metrobus and Metrorail Sys- tems, (b) Type of Advertising. 334 Memo on bus shelters for Metro from San Fernando Val- ley Sector Staff, item no. 8, Metro San Fernando Valley Service Sector Governance Council, Aug. 16, 2006, meeting. www.socata.net/newspro2/viewnews.cgi. 335 R933-4-4, Permitting and Conditions for Valid Permits, www.rules.utah.gov/publicat/code/r933/r933-004.htm#E4.

29 Commission on Disability both had input into the city’s agreement with its bus shelter franchisee and worked with the franchisee on shelter locations.336 Neighborhood associations or other community groups often comment on bus stop/shelter locations and designs. Whether or not they have formal legal say, they are usually considered important stakeholders in the public review process of zoning and other proce- dures under which bus stop/shelter location and design are reviewed.337 I. Process for Selecting/Adding Bus Stops/Shelters Transit agencies must consider a number of factors in deciding where to locate bus stops: general parameters such as boardings and alightings, headways, and land use; neighborhood requests; maintenance of equity in service provisions among neighborhoods; special needs of transit-dependent areas; and accessibility to the bus stop and its amenities.338 In addition to transit agency policy, the local jurisdiction usually has processes that must be followed in order to locate bus stops/shelters. The responsible jurisdiction is likely to have respon- sibility for designating bus stops.339 Where the transit agency is part of local government, the agency is more likely to have some direct responsibility beyond recom- mending bus stop/shelter locations. Where a bus shelter franchise is in place, the franchisee can be expected to have some input, or even total discretion, in placing the bus shelters.340 The responsible jurisdiction may allow community groups and businesses to request additions of bus stops and shelters. If so, the transit agency is the likely entity for collecting and transmitting recommendations to the responsible municipal officer. Common evaluation factors include average daily boardings at requested locations, safety of the requested 336 John Geluardi, City Still Waits for Bus Shelter Installa- tion, BERKELEY DAILY PLANET, Nov. 24, 2001, www.berkeleydailyplanet.com/article.cfm?archiveDate=11-24- 01&storyID=8494. Accessed Feb. 2, 2007. See also Draft Unmet Paratransit/Transit Needs, July 2005 (includes comments of Elderly & Disabled Transportation Advisory Committee and Metro Accessible Services Transit Forum), www.sccrtc.org/committee/2005/0507UnmetNeeds.pdf. 337 E.g., Cambridge Woods Neighborhood Association (East Milwaukee, WI) review of bus shelters associated with pro- posed business expansion, new condominiums, www.cambridgewoods.org/Position_Papers/Comments_OP_and _Locust_St.pdf; Meadowview and Oak Park resident provided public comment on neighborhood bus stops during Community Bus Service Planning Study, City of Sacramento, Meadowview and Oak Park Communities. SACOG Planning Study, supra note 210. 338 See TEXAS TRANSPORTATION INSTITUTE, supra note 1, at 8. 339 See, e.g., Westchester County, supra note 102, at 2. 340 E.g., VTA Transit System Ridership Report, www.vta.org/inside/boards/committee_advisory/cta/agendas_mi nutes/2006/09_sep/cta_091306_m.pdf. locations, and the cost of adding the requested bus stop or shelter. The size of the transit system will influence boarding criteria: large systems are apt to have a higher average daily boarding threshold for bus shelter installations than are smaller systems. Jurisdictions may allow privately funded bus shelters where requests for shelter exceed the agency’s available budget or do not meet the agency’s boarding criteria. This approach may be followed for requests for non- standard bus shelter designs. Several examples of local processes illustrate these various approaches: 1. Madison, Wisconsin In Madison, the city traffic engineer is responsible for setting bus stop locations within the jurisdiction of the City of Madison.341 However, Madison Metro takes re- quests from neighborhoods for adding bus stops and bus shelters and makes recommendations to the city. Neighborhood associations can help fund new bus shel- ters, pursuant to appropriate agreements governing ownership, liability, and maintenance responsibilities. Requests for bus stops must comply with municipal placement criteria, such as distance between stops, re- lationship to intersections, and street dimensions. Neighborhood associations may submit design sugges- tions for bus shelters but shelters must meet municipal design standards.342 2. Los Angeles In the Los Angeles metropolitan area, local jurisdic- tions are responsible for placing bus shelters and bus benches at transit stops. The Los Angeles PW-BSS ad- ministers a contract with a private company to install, operate, and maintain bus shelters. LA Metro forwards requests for bus shelters to the city. The actual deci- sion-making authority of where to locate bus shelters is allocated as follows: 25 percent to the local City Council office, 40 percent to the BSS, and 35 percent to the pri- vate contractor. The following city agencies must ap- prove each shelter location: the DOT, Police Depart- ment, PW (Bureau of Engineering (BOE), BSS, Construction Administration, and Bureau of Street Lighting (BSL)), and City Planning. In addition, the abutting property owner must consent to the bus shel- ter location.343 3. King County, Washington Metro Transit, part of the King County government, is responsible for planning and installing bus stops and 341 Per Jan. 24, 2007, and Jan. 25, 2007, emails to author from Tim Sobota, Transit Planner, Metro Transit, Madison, WI. 342 Madison Metro Bus Stops & Shelters, www.ci.madison.wi.us/neighborhoods/buildb/bus_stops.htm. 343 LA Metro Board Responses to Requests for Bus Shelter Placement Information, www.mta.net.board/Items/2006/08_August/20060816OtherSect orSFV_Item8.pdf.