AGENDA #5c
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to: |
Roger L. Stancil, Town Manager |
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from: |
J.B. Culpepper, Planning Director David Bonk, Long Range Planning and Transportation Coordinator |
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subject: |
Response to Petition from Active Living by Design Advisory Committee on Informal Paths |
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date: |
November 19, 2007 |
This memorandum provides an update on the status of a respond to a petition regarding informal paths in Chapel Hill received at the May 21, 2007, Council meeting (Attachment 1). In the petition the Active Living by Design Advisory Committee stated the value of informal paths concerning connectivity between and within neighborhoods. The petition requested an identification of Town staff/department for questions concerning informal paths as well as establishment of guidelines regarding of informal paths. We recommend that there be no action on the petition on informal paths.
In 2003, the Town received a $200,000 grant for 5 years from the Robert Wood Johnson Foundation to promote active living through programming and physical design for 5 years. The grant proposal included the preparation of mobility assessments including consideration of bike lanes and sidewalks for retro fit in older communities. The program works with local community leaders and residents to evaluate mobility issues. An evaluation includes an assessment of barriers to increased pedestrian, bicycle and transit use, and typically proposes improvements. In addition to identifying barriers to mobility, the program develops information and outreach initiatives designed to educate residents on the health benefits of greater physical activity.
In November 2004, the Town contracted with North Carolina Prevention Partners to conduct an evaluation of barriers to mobility in the Northside Community. The Town did a similar study of the Northside Community in 2006 which was adopted by the Town Council in January of 2007. Both reports certifies informal paths in the Northside neighborhood.
DISCUSSION
Mobility assessments have also been completed in the Timberlyne area, the Estes Hills/Phillips Schools neighborhood, and Ephesus Elementary School area. All of these areas, including Northside, have identified informal path used by residents during the mobility assessments. The residents in each area have expressed interest in upgrading and maintaining these paths.
The Town staff has identified several issues associated with these informal paths. These include safety, maintenance, lighting, surface material, liability and easement/access rights. Town staff also believes these are significant issues related to the identification of easement rights and Town property verses property available for public use. Some existing informal paths such as informal paths on Town property or in public right away may require maintaining and upgrading (e.g. a path behind Philips Middle School), involving public use that dates back 30 to 50 years. Staff time to determine ownership and access rights would be extensive involving deed research of the property to determine ownership, maintenance responsibility and access rights. Property issues could also include vegetation overgrowth, obstruction responsibilities, as well as liability and maintenance issues. There are also liability issues associated with Town informal paths on private property.
RECOMMENDATIONS
We recommend that the Council take no action on the petition on informal paths. Absent a fence or no trespassing signs it is not unlawful to travel across private open land and the public may continue to use them. We recognize that addressing these issues would require a multi-departmental approach, including Police, Public Works, Engineering, Planning and Parks and Recreation as well as the Town Attorney. Town Advisory Boards could also be involved in review of the guidelines regarding informal paths on public property
If the Council is interested in the Town playing a larger role regarding informal paths on private property, we would need to assess the need for additional resources and this could be addressed as part of the Fiscal Year 08 - 09 budget process.