Stites & Harbison, PLLC

As developers and city planners contemplate new projects, it seems the time has arrived when bicycle and pedestrian infrastructure are being recognized as integral components to a community’s sustainable transportation infrastructure.  We hope so—there are a number of benefits, both to property owners and the community at large, when communities include bicycling and walking elements as part of a broader, more holistic, approach to transportation matters.

For example, construction and retrofits of projects near bicycle and pedestrian infrastructure often allow for, or raise, LEED certification for those projects by incorporating bicycle and pedestrian related enhancements.  Such enhancements add to the project’s points total when the USGBC determines a project’s LEED certification level

With regard to background information, “sustainable transportation” is generally defined to include transportation elements with little to minimal impact on the environment, such as walking, biking and community transit (e.g., light trail).

Benefits to Bicycle and Pedestrian Transportation Infrastructure:

According to the Rails to Trails Conservancy, advantages to bicycling and walking extend beyond simply reducing traffic, and include “savings in fuel costs, smaller carbon footprint, and a practical way to achieve recommended levels of physical activity.” 

Other benefits to pedestrian and bicycle-friendly transportation accommodations include: (i) reduced traffic congestion and improved quality of life; (ii) reduced health care costs (through increased physical activity) and reduced dependency on auto ownership (and the resulting insurance and maintenance costs); (iii) some benefits are more difficult to measure, including increased economic vitality of communities that have emphasized pedestrian and bicycle mobility and a more equitable society that provides transportation choice for all citizens.  Further, walking requires significantly less space per traveler than driving.  For example, in cities and towns where people regularly can be seen out walking and biking, there “is a palpable sense that these are safe and friendly places to live and visit.”

Recent trends in Georgia, and several other southeastern states seem to confirm that bicycle and pedestrian accommodations are, now, being considered for incorporating into broader transportation infrastructure.

Georgia Transportation Trends:

Last summer, the State of Georgia enacted the Transportation Investment Act of 2010 (“Act”).  The Act permits the citizens of state’s 12 regional transportation districts to vote on whether to enact a $0.01 sales tax to fund transportation improvements.  Roundtable committees for each commission are presently narrowing a list of transportation projects to be voted on in a referendum by the voters from each district, tentatively scheduled for July 31, 2012.

For one of those 12 districts, the Atlanta Regional Commission, it is exciting to see that presently 15 bike/pedestrian projects are being considered for implementation (although time will tell whether all of these projects make the final list).  The proposed improvements range from adding bicycle lanes to existing roads, adding pedestrian safety improvements to existing roads (by including landscape buffer between road and sidewalk), to separately dedicated bicycle and pedestrian trails interconnecting existing parks. [Source www.atlantaregional.com]

Approaches in several other Southeastern States:

Approaches from a few states across the Southeast, including those in our firm’s geographical footprint, are noted below:

Kentucky: The Commonwealth has a bicycle and bikeway commission that is a branch of its transportation cabinet.  The bicycle and bikeway commission works with the cabinet to participate in project level meetings regarding new projects.

Tennessee: The State’s department of transportation has a broadly enumerated bicycle and pedestrian policies for new construction projects, that include:

• Provisions for bicycles will be integrated into new construction and reconstruction of roadway projects through design features appropriate for the context and function of the transportation facility.
• The design and construction of new facilities should anticipate likely future demand for bicycling facilities and not preclude the provision of future improvements.
• Addressing the need for bicyclists to cross corridors as well as travel along them, the design of intersections and interchanges should accommodate bicyclists in a manner that is accessible and convenient.
• The design and construction of new pedestrian facilities should anticipate likely future demand for walking facilities and not preclude the provision of future improvements.
• Addressing the need for pedestrians to cross corridors as well as travel along them, the design of intersections and interchanges should accommodate pedestrians in a manner that is accessible and convenient.
• Pedestrian facilities must be designed to accommodate persons with disabilities in accordance with the access standards required by the Americans with Disabilities Act (ADA). Sidewalks, shared use paths, street crossings (including over- and under-crossings).

Virginia: Earlier this year, Governor Robert McDonnell signed off on a transportation funding package that was passed by Virginia’s General Assembly.  Called the six-year improvement program (SYIP), and valued at $10.6 billion, the program “will enable important rail, transit, transportation management, bicycle, pedestrian and highway projects to move forward."  It remains to be seen what type of long term community benefits will result from this program.

What can you do to contribute to sustainable transportation?

As noted above, for new construction and retrofits that seek LEED certification, consider incorporating bicycle and pedestrian related enhancements to your project.  Those facilities are added to the project’s points total when the USGBC determines a project’s LEED certification level.  More broadly, please consider contacting your local bicycle and trail advocacy groups and work with them to increase the profile of bicycle and pedestrian oriented infrastructure in your community.

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Robert H. Turner III (Rob) is an Attorney in the firm's Atlanta office where he represents a variety of businesses with his practice focusing on corporate transactional matters and commercial real estate.  The corporate work ranges from mergers and acquisitions and the related acquisition finance, to contract negotiation and drafting.  Rob's experience with commercial real estate includes leasing, acquisitions and dispositions, and acquisition finance.