Resources and Reflections

Cyclo-monger says:

The following is the full text of the Trails on Rails plan adopted by NCRA May 13, 2009, from http://www.northcoastrailroad.org/Acrobat/Final_Trail_Guidelines_5-21-09.pdf
Items in bold text are editorial emphasis and will be addressed in the following commentary.

NCRA – POLICY & PROCEDURES MANUAL
0907 Trail Projects on the NWP Line Rights-of-Way:
Design, Construction, Safety, Operations, and
Maintenance Guidelines

0907.1 INTRODUCTION
1. Purpose
a) The North Coast Railroad Authority (NCRA) Board requested that its
staff, in conjunction with the Northwestern Pacific Railroad Company
(NWP Co.), NCRA’s contract operator, develop Trails-On-Rail
Project Guidelines to provide uniform and consistent standards on
NCRA’s rights-of-way for the design, construction, safety, operations,
and maintenance of Trails-On-Rail Projects. After draft Guidelines
were published in July 2008, hearings were held in Humboldt,
Mendocino and Sonoma Counties through December 2008.
Numerous public comments were received orally and in writing. The
draft was revised and a hearing was held in Ukiah on May 13, 2009
and further comments were received. These Guidelines are intended
to provide minimum standards and general requirements for the
design, construction, safety, operations, and maintenance of Trails-
On-Rail on the NWP Line rights-of-way in a manner that is
compatible with the safe operation of NCRA’s owned and used
railroad rights-of-way and with the current rail capacity needs and
future rail capacity expansions envisioned for those rights-of-way.
These Guidelines seek to balance NCRA’s and its contractor
operators’ legal mandate to provide safe and efficient current and
future freight and passenger transportation to the public with the
desire of the public for trails. These Guidelines set out the
procedures to be followed by Public Agencies proposing trails, the
authority of NCRA in respect thereto, and the obligations of its
contract operators.

b) When a Trails-On-Rail project is considered for joint use in a railroad
right-of-way, it shall be considered only in the context of NCRA and
its operators’ highest priorities of operating safe and efficient current
and future rail freight and passenger services in the NWP
transportation corridor. Accordingly, Trails-On-Rail projects will not
be approved that adversely affect either NCRA’s or its operators’
Adopted May 13, 2009 2
ability to provide safe and efficient current or future rail freight and
passenger transportation or that adversely affect NCRA’s or its
operators’ ability to fulfill their contractual obligations to SMART.

c) Trails-On-Rail projects may be community assets when designed
properly, and may benefit the communities where the trails are
located. Trails-On-Rail projects may reduce nuisance problems,
trespassing, dumping and vandalism; reduce illegal track crossings
through channelization of pedestrians and bicyclists to gradeseparated
or other designated crossings; increase public awareness of
the importance of rail freight and passenger service; increase property
values; improve access to transit and transit stations; increase
community health, safety and aesthetics; and provide alternative
transportation options.

d) NCRA, and its contract operator, NWP Co., are the designated track
and easement owners and operators of the NWP Line extending from
Lombard to Windsor under the Code of Federal Regulations (CFR),
Title 49 “Transportation”, Subtitle B “Other Regulations Relating To
Transportation”, Chapter II “Federal Railroad Administration,
Department of Transportation”, part 213 “Track Safety Standards”,
and Section 5 “Responsibility of Compliance” (49 CFR 213.5). In
accordance with Part 213, NWP Co., as NCRA’s contract operator, is
required to meet minimum safety requirements for the operation and
maintenance of NCRA’s tracks that are part of the general railroad
system of transportation. Such minimum safety requirements
encompass roadbed, track geometry, track structure, track-related
devices and inspection. These Guidelines are intended to be
consistent with these requirements.

2. Scope
These Guidelines apply to all NCRA and contract operator owned or used rights-ofway.

3. Definitions
a) Public Agency – the federal government and any agencies,
departments or subdivisions thereof; the State of California; and any
county, city, city and county district, public authority, joint powers
agency, municipal corporation, or any other political subdivision or
Adopted May 13, 2009 3
public corporation therein, requesting and sponsoring a Trails-On-Rail
project.
b) Member Agencies – NCRA, as the property owner, or easement
holder, as the case may be, or SMART, as the property owner, or
easement holder, as the case may be.
c) SMART – Sonoma-Marin Area Rail Transit District, owner of the
NWP Line from Healdsburg to Lombard. NCRA holds a perpetual
freight service easement over the SMART Corridor from Healdsburg
to Lombard and SMART holds a perpetual passenger service
easement over the NCRA Corridor from Healdsburg to Cloverdale.
d) Trails-On-Rail – a marked or established shared use path used by
bicyclists, pedestrians, wheelchair users, joggers and other nonmotorized
users that is located on or directly adjacent to the NWP
Line rail corridor.
e) Setback – the distance between the centerline of the nearest railroad
track (existing or planned) and the closest edge of the Trails-On-Rail.
f) NWP Line – the entire railroad line and accompanying right-of-way
running from Lombard through Healdsburg to Samoa, including all
sidings and spurs.

4. Referenced Standards
Trails-On-Rail projects shall also comply with the current editions of the following
standards:
a) The California Department of Transportation’s (Caltrans) “Highway
Design Manual”, Chapter 1000, “ Bikeway Planning and Design”.
b) The U.S. Department of Transportation, Federal Highway
Administration “Manual on Uniform Traffic Control Devices
(MUTCD)”.
c) All applicable FRA, CPUC, SMART and NCRA and any contract
operator whose standards are consistent with these Guidelines.
NCRA shall endeavor to assist any Public Agency or its designated
lead agency during the approval process by providing any necessary
material from the NCRA on operations.

5. Other References
The following reports provide additional information on the planning, design,
construction, safety, operations, and maintenance of Trails-On-Rail and may be
referred to in the development, construction and operation of Trails-On-Rail
projects:
a) “Trails-On-Rails: Lessons Learned”, prepared by U.S. Department of
Transportation.
b) “Guide for Development of Bicycle Facilities”, prepared by the
American Association of State Highway & Transportation Officials
(AASHTO).
c) “National Bicycle and Walking Study – Current Planning Guidelines
and Design Standards Being Used by State and Local Agencies for
Bicycle and Pedestrian Facilities”, prepared by the Federal Highway
Administration.

0907.2 REAL ESTATE REQUIREMENTS
1. Existing Facilities
The Public Agency shall design a Trails-On-Rail project in a manner that
avoids any displacement of existing main tracks, sidings, spur tracks, leases
and licenses located on the NWP right-of-way. If the designated Member
Agency agrees that the displacement is unavoidable, then the Public Agency
shall coordinate proper disposition, including associated costs to be incurred
by the Public Agency, with the Member Agencies and in accordance with the
applicable conditions contained in all existing leases and real estate
agreements.

2. Proposed Agreement
a) Public Agency shall obtain a License or Easement Agreement for a
Trails-On-Rail project from the designated Member Agency. The
License or Easement Agreement will include requirements, terms and
conditions related to indemnification, license fees and compensations,
assumption of risk and waiver, insurance, tests and inspections,
maintenance and repair, breach, abandonment, reimbursement,
construction, relocation, payments, hazardous/toxic materials,
compliance with laws, etc. The holder of any License or Easement
Agreement shall be regarded as a licensee only (and not as an invitee)
who shall be required to explicitly disclaim any past, present or future
right, claim to adverse possession, perpetual license or invitation to
the property on the NWP Line. The Public Agency shall contact the
designated Member Agency to request all information related to the
Agreement. The designated Member Agency shall be the sole
authority on the fees and compensation due from the Public Agency
for the rights granted.

b) License or Easement Agreement shall also include requirements that
provide for the removal and modification of the Trails-On-Rail path in
order to permit NCRA and/or its contract operator(s) to meet their
obligations to provide both current and future rail freight and
passenger service, as determined at the sole discretion of the Member
Agencies. At the request of NCRA or its contract operator(s), the
Public Agency shall remove, relocate, or modify, at its own expense, a
portion or all of the Trails-On-Rail path in order to accommodate
additional track or tracks or other railroad related facilities in the
NWP Line right-of-way.

3, Permits
Public Agency will obtain and comply with any and all approvals, permits, licenses
and other authorizations required by applicable laws, regulations, rules and
ordinances for a Trails-On-Rail project within the NWP Line right-of-way.

0907.3 PLANNING
1. Feasibility Study
The Public Agency shall undertake a comprehensive feasibility analysis of the
Trails-on-Rail project. The Feasibility Study shall describe the setting, the
relationship to local planning documents, need for the project, land ownership,
railroad activity present and future, and other information necessary to determine
the feasibility. As a part of the Feasibility Study, environmental concerns shall be
analyzed pursuant to local, State, and Federal environmental laws. The Public
Agency shall, early in the process, involve affected stakeholders including the
Member Agencies, SMART, utility companies, law enforcement officials, adjacent
landowners, Trails-On-Rail user groups, public transit agencies, and park and
recreation departments. The Feasibility Study shall include viable alternatives for
any Trails-On-Rail project that is proposed within the NWP Line right-of-way. The
Public Agency is required to identify and evaluate multiple alternative alignments,
including at least one that is not on the NWP Line right-of-way.

2. Safety Plan
The Public Agency shall develop a public Safety Plan that includes engineering,
maintenance standards, trespassing and crime prevention strategy; appropriate
damage-resistant construction materials; landscaping; provide secure access areas,
barrier systems, video monitoring; coordinated and responsive patrol service,
designating and enforcing rules and regulations; employing crime prevention
strategies, such as education, informal signage, incident management; provide fire
and police department with map of the system detailing access points, and an
implementation schedule.

3.
The Public Agency shall consult with and receive the comments of any contract
operator operating by entitlement from a member agency. The Feasibility Study
shall separately identify and address every comment made by all such contract
operators.

4.
The Public Agency shall, early in its process, consult with Regional Transportation
Agencies, the MPO’s, CalTrans, and where applicable, the Coastal Commission.

0907.4 DESIGN
1. Submittal
After review and approval of the Feasibility Study and the Safety Plan by the
Member Agencies, the Public Agency shall submit two sets of design drawings
each to the Member Agencies for review and approval. Any and all changes or
modification during the design and construction that affect the NWP Line right-ofway
shall also be submitted to the Member Agencies for review and approval.

2. Design Standards
a) Trails-On-Rail widths, clearances, sight distances, signs, markings,
drainage grates, manhole covers etc. will be selected as per Caltrans
“Highway Design Manual”, Chapter 1000, “Bikeway Planning and
Adopted May 13, 2009 7
Design”. MUTCD guidelines will also be referred to in the selection
of signs, markings and signals.
b) If the Trails-On-Rail project creates an adverse impact at a grade
crossing that did not previously exist, the Trails-On-Rail project shall
include mitigation as part of the design. The Trails-On-Rail design
shall acknowledge any future rail and highway improvements; and
safety requirements, including but not limited to, turning radii for
design vehicles, preemption timing, street profiles and railroad and
traffic signals at grade crossings. The Public Agency shall work with
the designated Member Agency and regulatory agency to pay for and
to not hamper or preclude the installation of such improvements and
requirements.

3. Clearances
a) Trails-On-Rail projects shall be designed along the outer edges of the
NWP Line right-of-way adjacent to the property line, to the extent
feasible.

b) Trails-On-Rail projects shall be designed so as to maximize the
Setback between the centerline of the nearest existing or future track
and the closest edge of the Trails-On-Rail. The Setback clearance
shall take into consideration the type, speed and frequency of trains;
separation technique, topography; sight distances; and the Member
Agencies’ maintenance requirements.

c) Trail designs should incorporate best practices from the most current
safety studies available such as U.S. Department of Transportation,
2002, Rails with-Trails: Lessons Learned and the Rails-with-Trails
Report from the Rails-to-Trails Conservancy (2000). Issues under
consideration for each trail proposal within the NWP should include:
trail setbacks, barrier treatment, intersection treatment, maintenance
plans, and considerations for amenities such as lighting, signage and
trailhead access. Final setbacks for proposed trail segments will be
reviewed and approved by NCRA on a case-by-case basis based upon
the local public agency engineer’s report and safety plan, which shall
demonstrate that no significant safety impact will occur, or if it might
occur that such impact is identified as an overriding consideration.

d) It may not be possible to provide the recommended minimum
Setbacks at certain locations in the right-of-way. While the NWP
Line right-of-way may be sufficiently wide, the tracks may be within
a narrow cut or fill section or adjacent to bluffs making placement of a
Trails-On-Rail project very difficult. Safety shall not be
compromised at such points, and additional barriers, vertical
separation or other methods shall be employed.

4. Grade Crossings
a) Trails-On-Rail projects shall be designed such that Trails-On-Rail
users are routed to existing signalized grade crossings. A Public
Agency shall obtain approval from the Member Agencies and from
the California Public Utilities Commission (CPUC) prior to the
construction of any new grade crossing. Public Utilities (PU) Code
Sections 1201-1220 require that no public road, highway, or street
shall be constructed across the track of any railroad corporation atgrade
without having first secured the permission of the Commission.

b) The Member Agencies have established grade crossing guidelines.
These guidelines have requirements for safe construction and
maintenance of grade crossings and include Member Agency policy,
regulatory responsibility, approval process, design criteria and other
important requirements. Trails-On-Rail project design and
construction shall meet the requirements of those guidelines.

5. Surface
If the Trails-On-Rail path provides the only access for the Member Agencies and
emergency response vehicles, the Trails-On-Rail path surface and bridges shall be
designed and constructed to accommodate heavy railroad trucks and equipment.
When access for the Member Agencies and emergency response vehicles is
available from an existing street, the Trails-On-Rail project shall be designed and
constructed with curb ramps and pavement surface to accommodate heavy railroad
trucks and equipment at pre-selected access points only. The selection of Trails-
On-Rail pavement material and depths of the sub-base, base and pavement shall be
determined by the Public Agency based on sound engineering design and judgment.

6. Utilities, Ingress and Egress
a) Public Agency shall locate the Member Agencies’ existing signal and
track facilities on their plans during the design phase at Public Agency
cost and expense. Trails-On-Rail projects shall be designed to avoid
any relocation of the Member Agencies’ existing facilities.

b) After the acceptance of a Trails-On-Rail project plan by the Member
Agencies, the Public Agency shall submit and obtain written approval
of design drawings from all telecommunications, fiber optic, gas, oil
or other companies that have prior use of the NWP Line right-of-way
under easement or license agreements. The design and construction
of Trails-On-Rail projects may affect the existing utilities and may
require the Trails-On-Rail project to be changed to accommodate
those utilities.

c) The Public Agency shall notify the appropriate regional notification
center [Underground Service Alert (DIGALERT) at (800)-227-2600],
SMART, other railroad companies, and utility companies prior to
performing any excavation close to any railroad line, facility, or
structure or any underground pipeline, conduit, duct, wire, or other
structure.

d) The Public Agency and/or its contractors will be subject to FRA
Regulations regarding Roadway Worker and Bridge Worker
Protection and must be trained in and comply with those Regulations
while on the NWP Line right-of-way. In addition, the Public Agency
and its contractors must file a “Site Specific Work Plan” for each
proposed entry to the right-of-way which must be approved in
advance by the Member Agency.

7. Landscaping
Landscaping shall meet all requirements specified by the Member Agencies.

8. Fencing
a) Trail designs and barriers should incorporate best practices from the
most current safety studies available such as U.S. Department of
Transportation’s Rails with-Trails: Lessons Learned, report (2002),
the Rails-with-Trails Report by the Rails to Trails Conservancy
(2000), and the Draft Final Report Bicycle-Pedestrian Path Safety
Structure prepared for the Sonoma Marin Area Rail Transit Authority
(“SMART”) prepared by Alta Planning + Design, Inc. Final
fence/barrier designs will be considered by NCRA on a case-by-case
basis based upon the local public engineer’s report and safety plan.
Adopted May 13, 2009 10
b) A three rail split-rail fence in combination with landscaping which
can serve both as a visual and physical barrier between the track and
the Trails-On-Rail may be used in a rural or environmentally sensitive
areas, if approved by the Member Agencies. Since newly planted
landscaping may take a few years to become an effective barrier,
suitable temporary measures may be required to be taken until the
landscaping has sufficiently matured.
c) The height of the fence within 150 feet of at-grade crossings shall be
four (4) feet. The height of the fence in the balance of the right-ofway
shall be at least six (6) feet.

9. Lighting
Public Agency shall provide lighting for the Trails-On-Rail if required by local,
state or federal guidelines, rules or regulations, or by the Member Agencies.

10. Drainage
a) Public Agency, at its sole cost and expense, shall provide and
maintain suitable facilities for draining the Trails-On-Rail project area
and shall not permit storm and irrigation water to flow or collect upon
the NWP Line right-of-way. The Public Agency may not have the
sole responsibility to correct any existing drainage deficiencies on the
NWP Line right-of-way; however, the Public Agency shall not make
the conditions any worse than those that existed prior to the Trails-
On-Rail project construction on the NWP Line right-of-way.

b) The Trails-On-Rail project and the area located between the Trails-
On-Rail path and the nearest railroad track shall be graded to flow
over the curb and onto the street, when the railroad track is at the
higher elevation than the surrounding ground and the street. When
the railroad track is at a lower elevation than the surrounding ground
and the street, a flat bottom swale (ditch) properly sized and flowing
towards existing or proposed stormwater facilities, such as inlet,
underground pipe, swale, creek, wash or channel, shall be constructed.

c) Mounding of earth on the NWP Line right-of-way shall be permitted
only if it will not adversely affect access, railroad operations or
maintenance activities, visibility or drainage on the right-of-way. The
Public Agency shall submit drawings showing the existing and
proposed contour elevations to the designated Member Agency. The
final contour elevations shall be approved by the designated Member
Agency in its sole discretion. If allowed, imported soil shall meet the
Member Agencies’ specifications for clean backfill material.

11. Access
a) The Member Agencies must be able to readily access, inspect, repair
and maintain drainage systems, bridges, tie and track replacement,
tunnel and trestle, signal and communications equipments and grade
crossing equipments from existing roadways and Trails-On-Rail
projects. Utility companies must be able to readily access their
facilities for maintenance and operations purposes.

b) The use of motorized vehicles is prohibited on a Trails-On-Rail,
except for authorized emergency and maintenance vehicles including
Member Agencies’ maintenance vehicles and motorized wheelchairs.
Horses and other animals are not permitted, except for guide or
service dogs. Appropriate signage shall be placed at all entrances to
the path designating restricted uses not foreseen in the design of the
Trails-On-Rail project.

c) The Trails-On-Rail project shall be subject to and subordinate to the
rights of all current and future tenants and licensees of the Member
Agencies, including the rights of reasonable access over the Trails-
On-Rail project.

0907.5 CONSTRUCTION

1. The Public Agency shall comply with all construction rules and regulations
that are promulgated, including those contained in the current editions of the
following Member Agency documents: (i) Right-of-Entry Agreement and (ii)
Applicable Member Agency Engineering Standards.

2. The Public Agency shall not allow any parties to cause or permit any
hazardous materials to be brought upon, stored, used, generated, or treated
on or about the NWP Line right-of-way. The Public Agency shall not bring
in or use any imported soils unless testing has occurred.

0907.6 MAINTENANCE

1. The Public Agency shall maintain the Trails-On-Rail project, fence, gates,
signs, landscaping, and any other improvements that are part of the licensed
Trails-On-Rail project area, in good order and condition to the satisfaction of
the Member Agencies, at its own cost and expense.

2. The Public Agency shall notify the designated Member Agency five (5)
working days in advance of any construction or maintenance activity that
will occur within the NWP Line right-of-way. The Public Agency shall be
responsible to reimburse the Member Agencies the actual cost and expense
incurred by the Member Agencies for all services and work performed in
connection with the Trails-On-Rail project including a computed surcharge
representing the Member Agencies’ costs for administration and
management.

3. The Public Agency shall ensure that warning signs, which explain the
importance of staying only on an authorized Trails-On-Rail path, and off
railroad property, are prominently displayed and regularly maintained.
Member Agencies shall rely on the Public Agency to enforce trespassing and
vandalism laws. Public Agency police shall provide patrols, respond as
needed, and issue citations and warnings as appropriate.

0907.7 FUNDING
The Member Agencies will not provide any funding for Trails-On-Rail projects on
the NWP Line rights-of-way, except to the extent, if any, that their Board might
specifically agree in writing to do so.

0907.8 NOTICE
1. For all proposed NCRA projects, NCRA shall provide notice to all
public agencies having jurisdiction adjacent to the project, all
applicable RTPA’s, MPO’s, and CalTrans, or any trails advocacy
organization requesting specific notice, to avoid the potential for
inadvertently precluding future Trails-on-Rails or other transportation
projects.

2. As opportunities arise for acquisition of land adjacent to the existing Rightof-
Way, NCRA will cooperate with related public agency(ies)
to consider acquisition needs for Rails-on-Trails and other
transportation projects.

3. NCRA shall endeavor to post the studies referenced at Paragraphs
0907.4 subsections 3 c) and 8 a) upon its website.

4. All private and public comments upon a proposal shall be available
for public inspection and NCRA shall endeavor to post such
comments upon the NCRA website.

0907.9 MINOR DEVIATIONS
The Member Agencies may permit minor deviations from these Guidelines. Minor
deviations, which would be considered, are as follows:

1. Vertical separation between the tracks and the Trails-On-Rail, which could
enhance safety and railroad operations, maintenance and construction issues and
activities.

2. Locations where a minor deviation granted for a short segment or segments of
the Trails-On-Rail project would enable successful development of a lengthier
segment of the Trails-On-Rail project in accordance with these Guidelines.

3. Circumstances where short or minor deviations from the guidelines would
produce significant benefits for the Trails-On-Rail project.

4. Other approved measures, which could enhance safety and railroad operations,
maintenance and construction issues and activities.

0907.10 MAJOR DEVIATIONS
The Member Agencies may permit major deviations consistent with the overall
intent of these Guidelines. Major deviations are those that require the entire Trails-
On-Rail project to deviate from the most important safety and rail-related
requirements of these Guidelines.

0907.11 SOLE APPROVAL AUTHORITY
NCRA shall have exclusive authority to approve, deny, or approve with conditions,
any proposals made by any Public Agency. Upon approval (with or without
conditions), upon the Agency’s request and at the Agency’s expense, NCRA shall
assist the Agency in seeking any approvals as may be required from any regulatory
bodies, such as the Cal. PUC, the FRA, CalTrans, etc. NCRA shall also request its
contract operators to so assist the Agency, and the contract operators will do so, as
and to the extent they deem it appropriate to do so.