07-28-2016, 07:52 PM
(07-28-2016, 07:24 PM)BuildingScout Wrote:(07-28-2016, 06:29 PM)MacBerry Wrote: While MUT trails are a great resource for cyclists where appropriate, they constitute undue hazards and a lack of accessibility for others when not meeting the required planning act provisions. MUT are NOT replacements for sidewalks. Placing only a trail down the middle of the road would be in contravention of the Ontario Planning Act, 1990 (Revised) as well as the Official Plan of the City of Waterloo and the Region of Waterloo.
I went and read as much of the AODA as I could, and I see nothing in there that would prohibit a properly constructed MUT, be it on the side or in the middle of the road. The law is clear that any path can be considered a complying sidewalk if it meets its minimum width and grade requirements.
You are mostly correct.
It is the Ontario Building Code that dictates sidewalks. The official city/region plans must be approved by the province. If asphalt sidewalks/pathways were permitted you would see them everywhere because it is significantly cheaper to stick in an asphalt path but in a few years these will not meet access or safety standards as they heave and potholes become prevalent. Developers would love to stick in a pathway and then the city would be responsible for fixing every pathway that would constitute a hazard that could result in insurance claims after they are laid and signed off on.
I don't know the expected lifespan of a sidewalk but suggest it is 10-20+ years compared to an asphalt pathway.
The reality is the rights of persons with disabilities trump all the naysayers here.