Chapter 6.1
Community Health and Safety

• ALL
• Remove Code Barriers
• Create Incentives
• Fill Regulatory Gaps

Increasing Pedestrian Mobility on Internal and Private Roads

INTRODUCTION

While local governments often address pedestrian mobility concerns on their public right-of-ways, private and internal roads are often left out of such initiatives. Private roads are those not owned by the public, but contained within and maintained by a private development and at times serviced by public bodies. Internal or private roads exist in a variety of settings, including rural areas, residential subdivisions, and commercial developments.

Subdivision regulations often provide the initial opportunity for communities to shape the pedestrian accessibility in new developments.[1] Many private developments that contain internal/private roads do not consistently plan for safe or convenient pedestrian use.[2] This failure to provide safe or convenient pedestrian use results in a patchwork of private and internal roads intermixed with public right-of-ways that lead to sporadic or inconsistent pedestrian access.

Ensuring private developments are constructed with policies in place to provide walkable communities that accommodate pedestrians, bicyclists, and transit should be a priority for local governments.[3] To promote pedestrian mobility on private and internal roads, many local governments amend or adopt their standard ordinances to apply the provisions for public roads to private roads, conditioned upon the approval of planning bodies.[4] These ordinances often include the width of the road, the materials used to construct the road, signage, sidewalks, speed limits, and vehicle restrictions.[5] Additionally, many local governments require private roads to be constructed in accordance with the standards of the local government’s general development ordinances, in order to receive a building permit for any improvement on land that utilizes private roads.[6]

Local governments can improve greatly upon pedestrian mobility by explicitly addressing pedestrian safety on private and internal roads (for comprehensive examples of other design features that address public and private roads see briefs in the Pedestrian Mobility subchapter). The proper construction of sidewalks is an important aspect of pedestrian mobility in any location.^[7] Providing safe sidewalks can be done by putting trees in between sidewalks and streets, properly designing sidewalks, and potentially disallowing curb cuts.^[8] Without the implementation of proper sidewalks, private roads become dangerous modes of transportation for both motorists and pedestrians when pedestrians walk along these roads. Further, some private roads may not be paved. This raises the risk of debris, such as rocks or vehicle debris, hitting pedestrians. In addition, without proper pavement, roads often do not have the proper drainage facilities needed to prevent erosion and standing water. Another method of providing safe sidewalks is by increasing the separation between pedestrians and the road in order to provide a “more comfortable pedestrian facility.”^[9]

Within private commercial developments, other additional pedestrian interests are often at stake. This includes making sure that pedestrian pathways are well and evenly lit (for a brief specifically on adequate lighting see Lighting for Sidewalks, Buildings, and Crosswalks),[10] have the proper landscaping and street furniture, such as bicycle racks, trees, and pedestrian information kiosks,[11] and are extra wide (for a brief on minimum widths and buffers see Minimum Width and Buffer Requirements for Sidewalks).[12] Other strategies can include making separate pedestrian and vehicle circulation systems, and making sure parking areas have adequate pedestrian access (for a brief specifically on pedestrian routes through parking see Alternative Pedestrian Routes to Parking Areas, Neighborhoods, and Businesses), that connects both to public sidewalks and internal walkways.[13] Commercial development streets should have low speed limits, such as 30 miles per hour or less.[14] It is also crucial to connect internal pedestrian pathways within commercial developments to those in adjacent neighborhoods; this helps maintain the overall flow of pedestrian activity (for a brief specifically on connecting to adjacent zones see Increase Pedestrian Mobility to Adjacent Zones).[15]

EFFECTS

In response to the current health crisis in America, the United States Department of Health and Human Services manages the Healthy People initiative.^[16] One of the objectives for Healthy People 2020 is to encourage commuting to work, school, or errands via walking or cycling.^[17] The AmericaWalks organization suggests that local governments consider promoting proper construction of sidewalks and continuous sidewalk systems to encourage walking by creating a safe, direct means of getting around on foot.^[18] Research finds that being physically out-of-shape is a worse prognosis than being hypertensive, being diabetic or being a current smoker.^[19] To address this issue, urban planners continue to encourage alternative means of transportation in order to promote exercise via walking, running, or cycling.^[20]

One common issue with private roads, as mentioned previously, is that there are sometimes not adequate sidewalks. In general, sidewalks are the preferred accommodation for pedestrians.[21] According to AARP, people who live in neighborhoods with sidewalks are 47 percent more likely than residents of areas without sidewalks to be active for at least 39 minutes a day.[22] Studies have shown that people with access to sidewalks are more likely to go on walks and to meet the U.S. Surgeon General’s recommendations for physical activity.[23] According to the Mayo Clinic, walking in general can help an individual maintain their weight, prevent serious health conditions, strengthen muscles and bones, improve your mood, and improve your balance and coordination.[24] Additionally, roadways without sidewalks are more than twice as likely to have pedestrian crashes as compared to roadways with sidewalks on both sides of the street.[25] According to the U.S. Department of Transportation providing sidewalks “can increase the number of trips made by walking, particularly in areas with mixed land uses. Providing sidewalks, widened paved shoulders, or stabilized shoulders—particularly when providing access to public transit—can increase the transportation options for individuals who may not be able to drive a car. Additionally, by moving pedestrians off the travel lanes, motorist operations are improved and capacity increased.”^[26]

Local governments can promote physical activity and safety for pedestrians by creating the proper environment in their communities for pedestrians.[27] There are many municipalities across the U.S. that have already done so by enacting ordinances that consider the interests of walkable communities and pedestrian safety. These ordinances provide that private roads have the proper infrastructure to ensure pedestrian mobility in a safe and efficient manner. Without these requirements, developers would be able to construct roads at a price convenient to their investment without little, if any, consideration for pedestrian mobility.

EXAMPLES

Powhatan County, VA

Powhatan County, VA adopted an Access and Circulation ordinance on January 23, 2017.[28] The purpose of this ordinance is to ensure that developments provide safe and efficient movement of vehicles, emergency vehicles, transit, bicycles, and pedestrians within the development and between the development and other transportation systems.[29] The ordinance applies to all new development in Powhatan County.[30] In regard to roadway layout and design, private roads must be constructed with the assistance of a licensed professional engineer who certifies and provides documentation to the planning department that the private road meets the standards of the ordinance.[31] All applications for new development roads must include proper traffic-calming measures, such as “diverters, street gardens, and curvilinear alignments” where “cut-through traffic” is likely.[32] All private roads must have street signs, drainage, and a minimum right of way of 50 feet.[33] Additionally, all new developments must provide sidewalks, shared use paths, and pedestrian paths in order to provide an “internal pedestrian circulation system.”[34] All sidewalks must be designed and constructed in accordance with the Virginia Department of Transportation Road Design Manual.[35] Sidewalks must be a minimum of 5 feet wide, not less than four inches thick, and at least 3 feet behind the back of curb.[36]

The ordinance provides specific requirements for a designated area, called the Village Growth area. New development in the Village Growth area must provide trees in the landscaped area along the streets in order to, among other things, provide shading of streets and sidewalks.[37] Vehicular access must also be coordinated with the bicycle and pedestrian access, so as to minimize conflict between these interests.[38]

To view the provision, see Powhatan County, VA, Code of Ordinances § 68-175 (2017)

Bradenton, FL

Bradenton, FL enacted its private roads regulation ordinance on March 23, 2013.[39] The City Council found it crucial to properly construct and regulate private roads in order to promote and protect the health, safety, and welfare of the public.[40] The ordinance defines private roads as “any road … for vehicles that the city council has accepted for maintenance, and which is contained within a private road easement that is privately owned and maintained which provides access to two or more dwellings.”[41]

The ordinance provides that no land-division-approval shall be issued unless the parcel fronts a private road improved to the City’s standards.[42] All applications for private roads must be accompanied by completed plans prepared and sealed by the civil engineer.[43] Also, the construction or improvement of the private road must meet the City’s requirements for public roads.[44] By requiring the licensed engineer to prepare and seal the completed plans, the City ensures the roads are constructed on the proper soil base, with the proper materials, and according to the proper guidelines laid down by the City’s ordinances. Additionally, providing walkability within the new development allows for greater future growth and development in connection with the abutting community.[45] In order for the private road to become owned and maintained by the public, the sidewalks must be on both sides of the streets, a minimum of four inches thick, and five feet wide.[46] The ordinances also promote the use of street trees as long as the trees do not obstruct the pedestrian’s use of the sidewalk.[47]

To view the provisions, see Bradenton, FL, Code of Ordinances § 62-59 (2013); Bradenton, FL, Land Use Regulations § 4.1.3.5 (2013).

ADDITIONAL EXAMPLES

Peoria County, IL, Code of Ordinances Ch. 20, Art. 8, § 8.3.3(b)(c)(f) (2018) (requiring pedestrian ways to include sidewalks on both sides of all streets in a residential subdivision, and allowing trails to be installed as substitutes for sidewalks if granted approval).

Smyrna, DE, Code of Ordinances § 5(21) (2018) (requiring sidewalks, crosswalks, streetlights, walking and bike trails, and bike racks in certain areas).

Collier County, FL, Land Development Code § 10.02.03 (2018) (requiring a compatibility review prior to issuance of any building permit, which reviews sidewalk and pathway construction, and also requires a sidewalk system that establishes the most direct connection to an existing network of sidewalks).

Indian River County, FL, Code of Ordinances § 913.09 (2019) (requiring the project developer to provide a bikeway and sidewalks, traffic control devices, and buffering facilities and areas in some locations).

Hardeeville, SC, Code of Ordinances § 5.1 (2018) (requiring subdivision pedestrian ways on both sides of the street with a minimum six-foot buffer/green space maintained between the back of the curb and the inside edge of the sidewalk in order to provide safe and adequate access on city streets).