Settlement Agreement between the United States and Town of Brunswick, Maine, Attachment (I)

Attachment I: Modifications to Newly Constructed Facilities

Please Note: Paragraph 40 of the Settlement Agreement requires that within three months of the effective date of this Agreement, the County provide signage as necessary to comply with 28 C.F.R. § 35.163(b), after having surveyed all facilities that are the subject of this Agreement for the purpose of identifying those that have multiple entrances not all of which are accessible.

Newly Constructed Facilities: In order to ensure that the spaces and elements in facilities for which construction was commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the Town shall take the actions listed below:

A. Within 1 year of the effective date of this Agreement, the Town shall complete the following modifications to the Androscoggin River Bike Path, along Route 1 (1998):

1. Parking– The parking space designated as accessible for persons with disabilities is not accessible because the access aisle for the van accessible space is only 70 inches wide. Provide at least one van accessible parking space. Ensure that standard accessible spaces are a minimum of 96 inches wide and served by access aisles at least 60 inches wide. Ensure that van accessible spaces are a minimum of 96 inches wide and served by access aisles at least 96 inches wide. At all spaces designated as reserved for persons with disabilities, provide vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles. At van accessible spaces, provide an additional "Van-Accessible" sign located below the International Symbol of Accessibility. Ensure that all spaces and access aisles for persons with disabilities are flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, and that their surfaces are firm, stable, and slip-resistant. Standards §§ 4.1.2(5), 4.6, 4.30.7(1).

2. Toilet Room– The outdoor single-user toilet room contains a number of elements that are not accessible to people with disabilities. Provide an accessible toilet room such that any of the room's elements that are provided, including signage, door, door hardware, clear floor space, water closet, urinal, grab bars, lavatory, mirror, controls, and dispensers, comply with the Standards. Standards §§ 4.1.3(11), 4.22, 4.13, 4.16, 4.18, 4.19, 4.26, 4.27, 4.30, Figs. 28, 29.

B. Within 1 year of the effective date of this Agreement, the Town shall complete the following modifications to the Hambleton Avenue Playground, Hambleton Avenue (1998):

1. Accessible Route– The route from the street and entrance area to the play equipment transfer area is inaccessible because the grass does not provide a firm, stable, and slip-resistant surface. Provide at least one accessible route within the boundary of the site connecting these elements that, to the maximum extent feasible, coincides with the route for the general public. The accessible route must have a minimum clear width of 36 inches, or a minimum clear width of 42 inches if there is a turn around an obstruction less than 48 inches wide; have passing spaces at least 60 inches by 60 inches at least every 200 feet; have a minimum clear headroom of 80 inches; have a surface that is firm, stable, and slip resistant; have, in the absence of a curb ramp, ramp, elevator, or platform lift, no level changes in excess of ½ inch vertically; and have a running slope of less than 1:20 (5%) (or have been constructed as a fully accessible ramp) and a cross slope of less than 1:50 (2%). Standards §§ 4.1.3(1), 4.3, 4.5, Fig. 7.

C. Within 1 year of the effective date of this Agreement, the Town shall complete the following modifications to the Town Commons, Harpswell Road (2001):

1. Parking– There are no parking spaces designated as accessible, and the parking area surface is not firm, stable, and slip-resistant. On the shortest accessible route to the accessible entrance, provide one van accessible space designated as reserved for people with disabilities. Ensure that van accessible spaces are a minimum of 96 inches wide and served by access aisles at least 96 inches wide. At all spaces designated as reserved for persons with disabilities, provide vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles. At van accessible spaces, provide an additional "Van-Accessible" sign located below the International Symbol of Accessibility. Ensure that all spaces and access aisles for persons with disabilities are flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, and that their surfaces are firm, stable, and slip-resistant. Standards §§ 4.1.2(5), 4.6, 4.30.7(1).

2. Accessible Route– The route from the parking lot to the picnic tables is inaccessible because the surface is not firm, stable and slip-resistant. Provide at least one accessible route within the boundary of the site connecting these elements that, to the maximum extent feasible, coincides with the route for the general public. The accessible route must have a minimum clear width of 36 inches, or a minimum clear width of 42 inches if there is a turn around an obstruction less than 48 inches wide; have passing spaces at least 60 inches by 60 inches at least every 200 feet; have a minimum clear headroom of 80 inches; have a surface that is firm, stable, and slip resistant; have, in the absence of a curb ramp, ramp, elevator, or platform lift, no level changes in excess of ½ inch vertically; and have a running slope of less than 1:20 (5%) (or have been constructed as a fully accessible ramp) and a cross slope of less than 1:50 (2%). Standards §§ 4.1.3(1), 4.3, 4.5, Fig. 7.

D. Within 1 year of the effective date of this Agreement, the Town shall complete the following modifications to the Skateboard Park, McKeen Street (1999):

1. Parking– There are no designated accessible parking spaces. On the shortest accessible route to the accessible entrance, provide at least one van accessible space designated as reserved for people with disabilities. Ensure that van accessible spaces are a minimum of 96 inches wide and served by access aisles at least 96 inches wide. At all spaces designated as reserved for persons with disabilities, provide vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles. At van accessible spaces, provide an additional "Van-Accessible" sign located below the International Symbol of Accessibility. Ensure that all spaces and access aisles for persons with disabilities are flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, and that their surfaces are firm, stable, and slip-resistant. Standards §§ 4.1.2(5), 4.6, 4.30.7(1).

E. Within 1 year of the effective date of this Agreement, the Town shall complete the following modifications to the Mill Street Canoe Portage, Mill Street (Route 1) (1997):

1. Parking– There is no designated accessible space in the parking area. On the shortest accessible route to the accessible entrance, provide one van accessible space designated as reserved for people with disabilities. Ensure that van accessible spaces are a minimum of 96 inches wide and served by access aisles at least 96 inches wide. At all spaces designated as reserved for persons with disabilities, provide vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles. At van accessible spaces, provide an additional "Van-Accessible" sign located below the International Symbol of Accessibility. Ensure that all spaces and access aisles for persons with disabilities are flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, and that their surfaces are firm, stable, and slip-resistant. Standards §§ 4.1.2(5), 4.6, 4.30.7(1).

F. Within 1 year of the effective date of this Agreement, the Town shall complete the following modifications to the Bay Bridge Landing, Bay Bridge Road (1998):

1. Parking– In the designated parking area, the accessible parking spaces and the access aisles are not delineated and there is no van-accessible signage. On the shortest accessible route to the accessible entrance, provide one van accessible space designated as reserved for people with disabilities. Ensure that van accessible spaces are a minimum of 96 inches wide and served by access aisles at least 96 inches wide. At all spaces designated as reserved for persons with disabilities, provide vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles. At van accessible spaces, provide an additional "Van-Accessible" sign located below the International Symbol of Accessibility. Ensure that all spaces and access aisles for persons with disabilities are flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, and that their surfaces are firm, stable, and slip-resistant. Standards §§ 4.1.2(5), 4.6, 4.30.7(1).

G. Within 1 year of the effective date of this Agreement, the Town shall complete the following modifications to the Cox Pinnacle, Hacker Road (2003):

1. Parking– Although there is signage that designates an accessible parking space, the space and access aisle are not delineated, and the parking surface is not firm, stable, and slip-resistant. On the shortest accessible route to the accessible entrance, provide one van accessible space designated as reserved for people with disabilities. Ensure that van accessible spaces are a minimum of 96 inches wide and served by access aisles at least 96 inches wide. At all spaces designated as reserved for persons with disabilities, provide vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles. At van accessible spaces, provide an additional "Van-Accessible" sign located below the International Symbol of Accessibility. Ensure that all spaces and access aisles for persons with disabilities are flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, and that their surfaces are firm, stable, and slip-resistant. Standards §§ 4.1.2(5), 4.6, 4.30.7(1).

H. Within 1 year of the effective date of this Agreement, the Town shall complete the following modifications to the 250th Anniversary Park, Maine Street (1997):

1. Accessible Route– The route from the top entrance to the first viewing bench is inaccessible because the surface is not firm, stable, and slip-resistant. Provide at least one accessible route within the boundary of the site connecting these elements that, to the maximum extent feasible, coincides with the route for the general public. The accessible route must have a minimum clear width of 36 inches, or a minimum clear width of 42 inches if there is a turn around an obstruction less than 48 inches wide; have passing spaces at least 60 inches by 60 inches at least every 200 feet; have a minimum clear headroom of 80 inches; have a surface that is firm, stable, and slip resistant; have, in the absence of a curb ramp, ramp, elevator, or platform lift, no level changes in excess of ½ inch vertically; and have a running slope of less than 1:20 (5%) (or have been constructed as a fully accessible ramp) and a cross slope of less than 1:50 (2%). Standards §§ 4.1.3(1), 4.3, 4.5, Fig. 7.