Questions that weren't addressed are: 1. Is the new ramp part of a larger
construction project? If so, is the old ramp within the limits of the
project? 2. Has anyone reviewed what options are available other than impact
the tree or not impact the tree? My understanding is that there is no
requirement to expand the limits of construction to replace a ramp if that is
the only item. The other side of that is that project limits should not be
adjusted to artificially exclude bringing a ramp up to current standards.

The people who can best address your question are at the U.S. Access Board (
www.access-board.gov They will be glad to assist you.

You are not required to upgrade the existing ramp across the street from the
newly constructed ramp if the only construction that takes place is the new
ramp construction.

Dean Perkins gave you good advice: if the existing curb ramp is within the
boundary/scope of your alterations project, then you need to provide the
maximum feasible usability within the conditions you face (as you must for
every feature and element in the project). The presence of a historic planting
may limit the feasibility of meeting new construction standards.

However, be aware that title II of the ADA could also require the improvement
of an existing ramp -- even if it wasn't included in a scheduled project -- if
the curb ramp is not as usable as it could be. It doesn't sound like this is
the case here, with its low slope. DWs, and adequate width, but if it were a
barrier to use (if it was steeper than the maximum, didn't have DWs, or had an
excessive cross slope, say) then it should be scheduled for replacement under
your Transition Plan.

Paul, based on the information you provided it sounds like the existing curb
ramp already complies with the Standards for Accessible Design. Why do you
think it may need "upgrades"?

I'm guessing (based on no information) that any side flares are also compliant.

Thank You all for your Responses.

The Existing ramp in question is Outside the project limits (across the
street). The existing ramp has 36-inch clear with truncated domes and is
fairly flat. The ramp has settled below the curb which makes it easier for a
wheelchair to navigate.

Basically, we purposely stopped the project to avoid the "Bellevue" Tree
because any roadway work adjacent to the tree will negatively affect the Tree's
long term health. The question is whether an existing ramp Has to be upgrade
because it's across the street from a roadway project given that the existing
ramp is wheelchair accessible but was not built to current ADA standards.

My opinion is that it is irresponsible, never mind whether its legal, to
provide a compliant ramp on one end of a crossing but not the other because it
can trap a disabled person in the roadway when they get to other side and
cannot negotiate the ramp. It is also important to remember that the ramp must
be negotiable by all pedestrians, not just wheelchair users and that a ramp is
an obstacle to pedestrians that are making movements other than crossing the
street, such as turning the corner. One other consideration is the need for a
landing. NDOT's policy is to correct all quadrants of any intersection that is
touched by a project. Having said that, and as always, we do make exceptions
on a case-by-case basis; but for ADA we are looking for technical infeasibility
for such exceptions. Have you looked at moving the ramp, or portion thereof,
out into the area occupied by the roadway; this space is often overlooked for
pedestrian improvements because of the traditional emphasis on motor vehicle
but with some creativity it can be used to solve such problems.

I concur with Dennis' opinion. This seems like a "catch 22" issue: If you
don't put in the first ramp, you are liable for not making required
accessibility upgrades to the pedestrian way (accessible route.) If you put in
the first ramp (within project limits) and don't put in a companion ramp on the
other side of the street (outside project limits), you assume liability for the
safety issue.
It should be a policy that curb ramp installations and upgrades are done in
pairs, even if you have to extend the project limits to provide a second ramp.
Yes, this opens up issues like right-of-way access, adjacent property owners,
utility conflicts, site constraints, etc. But, these issues are not new to
transportation projects.

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