SETTLEMENT AGREEMENT BETWEEN
THE UNITED STATES OF AMERICA
AND
THE TOWNSHIP OF WARMINSTER, PENNSYLVANIA
DEPARTMENT OF JUSTICE
COMPLAINT NUMBERS 204-62-118, 146, 147

BACKGROUND

A. SCOPE OF THE INVESTIGATION

        This matter was initiated by complaints filed under title II of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. §§ 12131-12134, with the United States Department of Justice ("Department") against the Township of Warminster, Pennsylvania ("Township"). The complaints were received by the Civil Rights Division of the Department of Justice, under the authority of 28 C.F.R. Part 35, Subpart F. The complainant alleges that the Township failed to provide qualified sign language interpreters at public meetings, upon request by a deaf citizen, and failed to make its programs, activities, and services at the Administration Building and Police Department accessible to persons with disabilities.

        Because the Township receives financial assistance from the Department of Justice, the investigation was also conducted under the authority of § 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, and the Department's implementing regulation, 28 C.F.R. Part 42, Subpart G. The Department expanded the scope of the investigation to include the Township's compliance with the following title II requirements:

• to conduct a self-evaluation of its services, policies, and practices by July 26, 1992, and make modifications necessary to comply with the Department's title II regulations (28 C.F.R. Part 35), 28 C.F.R. § 35.105;
• to notify applicants, participants, beneficiaries, and other interested persons of their rights and the Township's obligations under title II and the Department's regulations, 28 C.F.R. § 35.106;
• to designate a responsible employee to coordinate its efforts to comply and carry out the Township's ADA responsibilities, 28 C.F.R. § 35.107(a);
• to establish a grievance procedure for resolving complaints of violations of title II, 28 C.F.R. § 35.107(b);
• to operate each program, service, or activity so that, when viewed in its entirety, it is readily accessible to and usable by individuals with disabilities, 28 C.F.R. § 35.150, by:
• delivery of services, programs, or activities in alternate ways, including, for example, redesign of equipment, reassignment of services, assignment of aides, home visits, or other methods of compliance or, if these methods are not effective in making the programs accessible,
• physical changes to buildings (required to be made by January 26, 1995), in accordance with the Department's title II regulation, 28 C.F.R. § 35.151, and the ADA Standards for Accessible Design ("Standards") or the Uniform Federal Accessibility Standards ("UFAS");
• to ensure that facilities for which construction or alteration was begun after January 26, 1992, are readily accessible to and usable by people with disabilities, in accordance with 1) the Department's title II regulation and 2) the Standards or UFAS, 28 C.F.R. § 35.151;
• to ensure that communications with applicants, participants, and members of the public with disabilities are as effective as communications with others, including furnishing auxiliary aids and services when necessary, 28 C.F.R. § 35.160;
• where the Township communicates by telephone, to communicate through a teletypewriter ("TTY"), or other equally effective telecommunications system, with individuals who have hearing or speech impairments, 28 C.F.R. § 35.161;

• to provide information for interested persons with disabilities concerning the existence and location of the Township's accessible services, activities, and facilities, 28 C.F.R. § 35.163(a);
• to provide signage at all inaccessible entrances to each of its facilities, directing users to an accessible entrance or to information about accessible facilities, 28 C.F.R. § 35.163(b).

        The Department limited its program access review to those of the Township's programs, services, and activities that operate in the following facilities: Municipal Complex, including the Township Administration and Police Department; Five Ponds Golf Course; Recreation and Education Center; Municipal Works Complex; East End Fire Station; Wilson Senior Center; Library; and the following parks -- Crooked Billet Green, Ivy Woods, Kemper, Log College, Maple Street, Meadow Run, Munroe, Szymanek, and Werner.

        Alterations commenced after January 26, 1992, in the following facilities and thus must comply with the ADA's alterations requirements: Municipal Complex (two ramps), Recreation and Education Center (restrooms, automatic door); Municipal Works Complex (1998 wing); Library (restrooms); Szymanek and Werner Parks (restrooms). The Department also reviewed the accessibility of the Township's polling locations.

B. JURISDICTION

1. The ADA applies to the Township because it is a "public entity" as defined by title II. 42 U.S.C. § 12131(1).
2. The Department is authorized under 28 C.F.R. Part 35, Subpart F, to investigate the complaints in this matter to determine the compliance of the Township with title II of the ADA and the Department's implementing title II regulation, to issue findings, and, where appropriate, to negotiate and secure voluntary compliance agreements. Furthermore, the Attorney General is authorized, under 42 U.S.C. § 12133, to bring a civil action enforcing title II of the ADA should the Department fail to secure voluntary compliance pursuant to Subpart F.
3. The Department is also authorized under 28 C.F.R. Part 42, Subpart G, to investigate the complaints in this matter to determine the Township's compliance with § 504 of the Rehabilitation Act of 1973, to issue findings, and, where appropriate to negotiate and secure voluntary compliance agreements. Furthermore, the Attorney General is authorized, under 29 U.S.C. § 794 and 28 C.F.R. §§ 42.530, 42.108-110, to suspend or terminate financial assistance provided by the Department to the Township should the Department fail to secure voluntary compliance pursuant to Subpart G, or to bring a civil suit to enforce the rights of the United States under applicable federal, state, or local law.

C. ACTIONS TAKEN BY THE TOWNSHIP

4. The Township has an ADA Coordinator and has a notice posted in its public buildings, alerting applicants, participants, beneficiaries, and other interested persons of their rights and the Township's obligations under title II and the Department's regulation.
5. The Township has focused on physical changes to provide program access by installing ramps and automatic doors in some buildings.

        The parties to this Agreement are the United States of America and the Township of Warminster, Pennsylvania. In order to avoid the burdens and expenses of further investigation and possible litigation, the parties hereby agree as follows:

REMEDIAL ACTION

6. In consideration of, and consistent with, the terms of this Agreement as set forth below, the Attorney General agrees to refrain from filing a civil suit in this matter regarding ¶¶ 7 to 33, except as provided in ¶¶ 36, 38 below.
7. The Parties agree that the technical requirements and, where appropriate, the scoping requirements of the Standards are used as a guide for determining whether a program or activity held in an existing facility is "readily accessible to and usable by" persons with disabilities, and for determining what changes are necessary to make this program or activity accessible if it continues to be provided in the existing facility in question. See 28 C.F.R. §§ 35.150(b)(1), 35.151. The Standards appear at 28 C.F.R. Part 36, Appendix A.

A. POLICIES AND PROCEDURES

8. Within 30 days of the effective date of this Agreement, the Township will distribute the attached Notice (Attachment A) to all agency heads; publish the Notice through the text generator on its local television Channel 13 at six-month intervals for the life of this Agreement; and post copies in conspicuous locations in its public buildings. It will refresh the posted copies, and update the contact information contained on the Notice, as necessary, for the life of the Agreement. Copies will also be provided to any person upon request.
9. Within 60 days of the effective date of this Agreement, the Township will identify sources of qualified sign language interpreters and vendors that Braille documents, and will develop written procedures, with time frames, for fulfilling requests from the public for interpreters and documents in alternate formats (Braille, large print, cassette tapes, etc.)
10. Within 90 days of the effective date of this Agreement, the Township will adopt the attached ADA Grievance Procedure (Attachment B), distribute it to all agency heads, publish the Procedure through its text generator on its local television Channel 13, and post copies in conspicuous locations in its public buildings. It will refresh the posted copies, and update the contact information contained on the Procedure, as necessary, for the life of the Agreement. Copies will also be provided to any person upon request. The Township will also publish the Procedure in the first newsletter that it sends to Township residents after the effective date of this Agreement.
11. The Township will report to the Department within 90 days of the effective date of this Agreement the actions it has taken to comply with ¶¶ 8-10.
12. Within 2 ½ years of the effective date of this Agreement, the Township will develop a method for providing information for interested persons with disabilities concerning the existence and location of the Township's accessible services, activities, and services and submit its proposal to the Department in writing. The proposal, as approved by the Department, will be implemented no later than 3 years from the effective date of the Agreement.

B. TOWNSHIP TELEPHONE COMMUNICATION

13. The Township will continue to publicize its central TDD telephone number and the Pennsylvania Relay Service TDD number on the same basis as its voice number, through the first newsletter to Township residents and the first reprinting of the local telephone book that takes place after the effective date of this Agreement. Such publication will include an explanation that the TDD number functions as a TDD number for all Township offices, and will be reiterated in subsequent newsletters and local telephone book editions for the life of this Agreement.
14. Within 60 days of the effective date of this Agreement, the Township will develop and implement written procedures to ensure that TDD calls are returned by the appropriate Township official by TDD on the same day as the call is received. If the caller's questions or concerns cannot be handled promptly, the procedures will require a Township employee to speak to the caller on the same day in order to establish a time frame for the call-back.
15. The Township will take steps to ensure that all appropriate employees are trained and practiced in using a TDD and the Pennsylvania Relay Service to make and receive calls, and that the TDD is maintained in good working order through test calls every six months for the life of this Agreement.
16. The Township will report to the Department within 90 days of the effective date of this Agreement the actions it has taken to comply with these provisions.

C. TRAINING

17. Within 120 days of the effective date of this Agreement, the Township will develop or procure a two-hour training program on the requirements of the ADA and the etiquette of interacting with persons with disabilities. The Township will use the ADA technical assistance materials developed by the Department and will consult with interested persons, including individuals with disabilities, in developing or procuring the ADA training program.
18. Within one year of the effective date of this Agreement, the Township will deliver its training program to all Township employees. At the end of that period, the Township will submit a copy of its training curriculum and materials to the Department, along with a list of employees trained and the name, title, and address of the trainer.

D. PHYSICAL CHANGES

In order to ensure that the following facility, for which new construction will commence after January 26, 1992, is readily accessible to and usable by persons with mobility impairments, the Township will take the following actions.

19. The site and architectural plans for the Five Ponds Golf Course Club House, to be constructed in 2000, were submitted to the Department. In order to ensure that the newly constructed facility is readily accessible to and usable by individuals with disabilities, the Township will ensure that the following spaces and elements conform to the ADA Standards for Accessible Design before the Club House is opened. Cites are to the Standards.

Sheet A-2

1. The concrete area outside the main entry doors is noted to be sloped 1:12 maximum but there is no indication that the maneuvering space outside the main entry doors is to be level and there are no handrails for this sloped area which is a ramp. §§ 4.1.2(1), 4.3.7, 4.8, 4.1.3(7)(a), 4.13.6.
2. The main entrance curb ramp side flair slope is not noted. §§ 4.1.2(1), 4.3.8, 4.7.5.
3. There is no International Symbol of Accessibility at the passenger loading zone. §§ 4.1.2(7)(b), 4.30.7.
4. The coat room (207) appears to be self-serve and there is no indication that some portion of the coat rack and shelf are to be accessible. §§ 4.1.3(12)(a), 4.25.1.
5. The "Administration" sliding window mounting height is not noted and there is no indication it will be accessible. § 7.2(2).
6. The concrete area outside the rear doors/patio area is noted to be sloped 1:12 maximum but there is no indication that the maneuvering space outside the rear doors is to be level and there are no handrails for this area which is a ramp. §§ 4.1.2(1), 4.3.7, 4.8, 4.1.3(7)(a), 4.13.6.
7. There is no accessible portion of the "19^th Hole/Bar Grille" bar. A portion of the main counter shall be accessible or wait service shall be available at the accessible tables within this same area. § 5.2.
8. There is no height noted for the inside "Snack Bar" counter and no indication of an accessible portion. § 7.2(1).
9. There is no height noted for the outside "Snack Bar" counter and no indication of an accessible portion. §§ 7.2(1).
10. There is no height noted for the "Pro Shop" counter height and no indication of an accessible portion. § 7.2(1).
11. There is no pull-side maneuvering clearance past the latch-side of door 222 in Food Prep 222 to provide approach/enter/exit for the employees. §§ 4.1.1(3), 4.1.3(7)(b), 4.13.6.

Sheet A-8

12. The stair handrails are specified as 2 1/4 inches from the wall in detail 9/A-8. The absolute distance should be 1 ½ inches clear between the rail and the wall. §§ 4.1.3(4), 4.9.4(3).
13. The bottom handrail extension in details 10/A-8 and 11 A-8 are not one tread plus 12 inches long. §§ 4.1.3(4), 4.9.4(2).
14. The handrail extension in detail 5/A-12 "Handicap Ramp Section" is a protruding object unless the bottom of the extension is less than or equal to 27 inches above the ground. The bottom appears to be higher than 27 inches and there is no dimension or note to ensure 27 inches or less. §§ 4.8.5(2), Fig. 17.

Sheet A-10

15. There is no door hardware schedule to review for accessible hardware and no notes to ensure accessible hardware. § 4.13.9.

Sheet A-11

16. All continuous grab bars in the toilet stalls and the toilet rooms are too short. The end of the rear grab bars is not at least 42 inches from the side wall and the end of the side grab bar is not at least 52 or 54 inches from the rear wall depending on whether it is a toilet stall or toilet room. §§ 4.1.3(11), 4.22.4, Fig. 29, Fig. 30.
17. The continuous grab bar shown in the Unisex Employee Shower Room (106B) appears to be too short and there are no notes or dimensions to confirm their length. §§ 4.1.3(11), 4.23.8, 4.21.4, Fig. 37.
18. The mounting heights of the coat hooks in the accessible stalls are not noted and there is no indication that they will be at an accessible height. §§ 4.1.3(12)(a), 4.25.3.
19. The flush controls for the accessible toilets are shown on the wrong side of the toilet, i.e. not on the open side. §§ 4.1.3(11), 4.22.4, 4.16.5.
20. The toilet paper dispenser in the accessible stall appears to be more than 36 inches from the back wall. There are no dimensions noted. §§ 4.1.3(11), 4.22.4, 4.17.3, Fig. 30(d).
21. There is no handheld shower shown in the designated accessible showers, no dimensions locating the controls in the required accessible location and no indication of accessible faucet hardware. §§ 4.1.3(11), 4.23.8, 4.21.5, 4.21.6.
22. There is no accessible urinal in either of the Men's toilet rooms (203 or 215). The accessible urinal in each room must have an elongated rim which is mounted no higher than 17 inches above the finished floor. §§ 4.1.3(11), 4.22.5, 4.18.2.
23. There does not appear to be the required knee space in the lavatory section 10/A-11, insufficient dimensions provided to review and no indication of accessible sink faucet hardware. §§ 4.1.3(11), 4.22.6, 4.19.2.
24. The wood shelves in rooms 215 and 216 are protruding objects projecting more than 4 inches into the circulation path between 27 and 80 inches above the finished floor without a cane detectable barrier. § 4.4.
25. There is no indication that the locker hardware is to be accessible. §§ 4.1.3(12)(a), 4.25.4.
26. There is no height noted for the wood benches in rooms 215 and 216 and no indication that they are to be accessible. § 4.35.4.
27. The sofa in the Women's locker room (216) encroaches into the clear floor space of the "sanitary napkin/tampon vendor" and interferes with the approach to this item and the paper towel dispenser/disposal. §§ 4.1.3(11), 4.23.3.

54. The bench in the Employee's Shower Room is not 24 inches by 48 inches and does not have enough clear floor space alongside the bench to allow a parallel transfer by a person using a wheelchair. § 4.35.4.

81. The slope of the floor outside the shower areas in Locker Rooms 215 and 216 is not noted. The accessible route to the accessible shower clear floor space and the clear floor space for the shower must be level. §§ 4.1.3(11), 4.23.3, 4.21.2.

Sheet A-12

108. There is a T.V. noted to be in the "19^th Hole Bar/Grille" but not noted to have closed captioning. See 28 C.F.R. § 35.160(b)(1).

In order to ensure that the following spaces and elements in Township facilities, for which alterations commenced after January 26, 1992, are readily accessible to and usable by persons with mobility impairments, the Township will take the following actions.

20. The Township shall complete the following modifications to the Municipal Complex within five years of the effective date of this Agreement:

The interior ramp in the Administration Building has a slope that ranges from 1:6.8 to 1:6.6 (rise:run), which exceeds the maximum allowable 1:12 slope for a ramp. Remove the ramp and replace it with one that has a slope no greater than 1:12 or with stairs and a wheelchair lift that comply with the Standards. §§ 4.1.6(1)(b), 4.1.3(1), 4.3.8, 4.8, 4.9, 4.11, 4.26.

21. The Township shall complete the following modifications to the Municipal Works Complex:

Within eight years of the effective date of this Agreement:

1. The west entrance of the Municipal Works Complex leads to a hallway that has a 1:10.5 (rise:run) slope and therefore exceeds the slope for a ramp. Alter the ramp so that the slope does not exceed 1:12, so that there is level maneuvering clearance at the door; install handrails. §§ 4.1.6(1)(b), 4.1.3(1), 4.3.7, 4.8, 4.13.6 & Fig. 25(a), 4.26.
2. The north hallway off the west entrance has a 1:7.5 (rise:run) slope, which exceeds the maximum allowable slope of 1:12 for a ramp. Alter the hallway so that it has a slope no greater than 1:12 and complies with the requirements for a ramp. §§ 4.1.6(1)(b), 4.1.3(1), 4.3.7, 4.8, 4.26.

Within one year of the effective date of this Agreement:

3. The pressure required to open the women's toilet room door is 6 pounds. Check and adjust the women's and men's toilet rooms doors so that the force required to open the doors is not more than 5 pounds. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.2, 4.13.11(2)(b).
4. The coat hook in the women's toilet room is 55 inches above the finish floor. Check and adjust or provide coat hooks in the women's and men's toilet rooms so that each has a hook that is not more than 54 inches above the floor. §§ 4.1.6(1)(b), 4.1.3(12), 4.25.3, 4.2.6.
5. The rear grab bar in the accessible stall in the women's toilet room is mounted 7 inches from the side wall. Re-mount the bar so that it begins not more than 6 inches from the side wall. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.17.3 & Fig. 30(a).
6. The toilet paper dispensers in the accessible stalls in both toilet rooms are 53-55 inches from the back wall. Provide dispensers that are no more than 36 inches from the back wall in each stall. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.17.3 & Fig. 30(d).
7. The toilet flush controls in both toilet rooms are on the closed, or narrow side of the accessible stall. Alter the controls so that they are on the open, or wide side of each stall or install automatic flush controls. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.17.2, 4.16.5.
8. The hot water and drain pipes under the accessible lavatory in each toilet room are not insulated or configured to protect against contact. Install insulation on each set of pipes. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.6, 4.19.4.
9. The toilet rooms do not have accessible signage. Install signs, using raised lettering and Braille, on the wall adjacent to the latch side of each door so that the centerline is 60 inches above the ground and there are no protruding objects to within 3 inches of the signage. §§ 4.1.6(1)(b), 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

22. The Township shall complete the following modifications at the Recreation and Education Center within 180 days of the effective date of this Agreement:

1. The rear grab bar in the accessible men's and women's toilet rooms is 24 inches long. Provide a rear grab bar in each room that is at least 36 inches long and that begins at least 12 inches from the centerline of the toilet, i.e., no more than 6 inches from the side wall. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.16.4 & Fig. 29.
2. The toilet flush controls in both toilet rooms are on the closed, or narrow side of the toilet area. Alter the controls so that they are on the open, or wide side of toilet area. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.16.5.
3. The toilet paper dispensers in both toilet rooms are 46 inches from the back wall. Provide dispensers that are within reach, as illustrated in the Standards. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.16.6 & Fig. 29(b).
4. The hot water and drain pipes under the lavatory in each toilet room are not insulated or configured to protect against contact. Install insulation on each set of pipes. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.6, 4.19.4.
5. The mirror in each toilet room is mounted so that the reflecting surface is 41 ½ inches above the finish floor. Provide a mirror in each room mounted with the bottom of the reflecting surface no higher than 40 inches above the finish floor.§§ 4.1.6(1)(b), 4.1.3(11), 4.22.6, 4.19.6.
6. The toilet rooms have the required signage, but it is mounted on the doors to the rooms. Re-mount the signage on the wall adjacent to the latch side of each door so that the centerline is 60 inches above the ground and there are no protruding objects to within 3 inches of the signage. §§ 4.1.6(1)(b), 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6

23. The Township shall complete the following modifications at the Library within 18 months of the effective date of this Agreement:

1. The toilet rooms have the required signage, but it is mounted on the doors to the rooms. Re-mount the signage on the wall adjacent to the latch side of each door so that the centerline is 60 inches above the ground and there are no protruding objects to within 3 inches of the signage. §§ 4.1.6(1)(b), 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6
2. The rim of the urinal in the men's room is 20 inches above the finish floor and not elongated. Provide a urinal that has an elongated rim not more than 17 inches above the floor. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.5, 4.18.2.
3. The hot water and drain pipes under the lavatory in each room are not insulated or configured to protect against contact. Install insulation on each set of pipes. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.6, 4.19.4.
4. The lavatories in each room have twist-type faucets. Replace the faucets with hardware that can be operated with one hand and do not require tight grasping, pinching, or twisting of the wrist. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.6, 4.19.5, 4.27.4.
5. The mirror in each room is mounted so that the reflecting surface is 41 ½ inches above the finish floor. Provide a mirror in each room mounted with the bottom of the reflecting surface no higher than 40 inches above the finish floor. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.6, 4.19.6.
6. The toilet stall in each room is 34-35 inches wide by 69-72 inches deep, far smaller than the 60-inch wide "standard" toilet stall required to accommodate persons who use wheelchairs. Remove the stalls in each room and convert the rooms to single-user toilet rooms so that the spaces and elements in each room, including the clear floor space, turning space, and accessible route, water closet, grab bars, urinal (men's only, if provided), lavatory, mirror, and controls and dispensers comply with the Standards. §§ 4.1.6(1)(b), 4.1.3(11), 4.2, 4.3, 4.16 and Figs. 28 & 29, 4.18, 4.19 and Figs. 31 & 32, 4.22, 4.26, 4.27.

24. The Township shall complete the following modifications at the Werner Park toilet rooms within one year of the effective date of this Agreement:

1. The toilet rooms are not on an accessible route from the accessible parking space. Establish an accessible route between the toilet rooms and the parking lot that is firm, stable, and slip resistant. §§ 4.1.6(1)(b), 4.1.2(2), 4.22.1, 4.3.
2. The toilet rooms have signage mounted on the doors to the rooms. Re-mount the signage, with raised letters and Braille, on the wall adjacent to the latch side of each door so that the centerline is 60 inches above the ground and there are no protruding objects to within 3 inches of the signage. §§ 4.1.6(1)(b), 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
3. The accessible toilet stall in the men's and women's rooms is 34 inches wide by 93 inches deep, far smaller than the 60-inch wide "standard" toilet stall necessary to accommodate persons who use wheelchairs. In each room, provide an accessible toilet stall at least 60 inches wide and 56-59 inches deep such that all the stall's elements, including entry door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, and controls and dispensers comply with the Standards. §§ 4.1.6(1)(b), 4.1.3(11), 4.16, 4.17 & Fig. 30(a), 4.22.4, 4.26, 4.27.
4. The rim of the urinal in the men's room is 18 inches above the finish floor, and the flush control is 46 inches high. Lower the urinal so that the rim is not more than 17 inches, and lower the flush control so that it is not more than 44 inches above the finish floor. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.5, 4.18.2, 4.18.3.
5. The mirror in each room is mounted so that the bottom edge of the reflecting surface is 49 ½ inches above the finish floor. Provide a mirror in each room mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finish floor. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.6, 4.19.6.

25. The Township shall complete the following modifications at the Szymanek Park toilet room within 180 days of the effective date of this Agreement:

1. The mirror is mounted so that the bottom edge of the reflecting surface is 49 inches above the finish floor. Provide a mirror mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finish floor. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.6, 4.19.6.
2. The rear grab bar is 25 inches long. Provide a rear grab bar that is at least 36 inches long and that begins at least 12 inches from the centerline of the toilet, i.e., no more than 6 inches from the side wall. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.16.4 & Fig. 29.
3. The centerline of the toilet is 20 ½ inches from the side wall. Reposition the toilet so that the centerline is exactly 18 inches from the side wall. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.16.2 & Fig. 28.
4. The toilet paper dispenser is 46 inches from the back wall. Provide a dispenser that is within reach, as illustrated in the Standards. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.16.6 & Fig. 29(b).

In order to ensure that each of the Township's programs, services, and activities operating at a facility that is the subject of this Agreement, when viewed in its entirety, is readily accessible to and usable by persons with mobility impairments, the Township will take the following actions.

26. The Township shall complete the following modifications to the Municipal Complex/Administration Building:

Within 180 days of the effective date of this Agreement:

1. The Board of Supervisors meeting room has no assistive listening system available. Install a permanent assistive listening system or an adequate number of electrical outlets or other supplementary wiring in the room necessary to support a portable assistive listening system, with a minimum number of receivers provided equal to 4% of the total number of seats but no less than two receivers, with signage indicating the availability of a listening system. §§ 4.1.3(19)(b), 4.30.
2. The door to the women's toilet room lacks the 18 inch minimum maneuvering clearance on the pull-side because a ramp begins to slope downward immediately adjacent to the latch. Reverse the door so that the latch side is opposite its current position or provide a power assisted door opener. §§ 4.22.2, 4.13.6 & Fig. 25(a).
3. The signage at the toilet rooms lacks Braille. Provide signage at each room that includes Braille and that is mounted on the wall adjacent to the latch side of each door so that the centerline is 60 inches above the ground and there are no protruding objects to within 3 inches of the signage. §§ 4.1.2(7)(d), 4.1.3(16)(a), 4.30.1, 4.30.2, 4.30.3, 4.30.4, 4.30.6.
4. The door to the stalls in each toilet room is 30 ½ inches wide. Alter the doorways to provide a minimum clear opening width of 32 inches with the door open 90 degrees. §§ 4.22.4, 4.17.5, 4.13.5.
5. The stall in the women's room is 57 inches wide and 58 inches deep. The stall in the men's room is 43 inches wide and 65 inches deep. Reposition the stall partitions in each room to provide a "standard" accessible stall that is at least 60 inches wide and 59 inches deep (for floor mounted toilets). §§ 4.22.4, 4.17.3 & Fig. 30(a).
6. The grab bars in the stalls in the men's and women's room are 1 inch in diameter and protrude 2 ½ inches from the wall on which they are mounted. Install grab bars that are 1 1/4 - 1 ½ inches in diameter and exactly 1 ½ inches from the wall on which they are mounted, and that otherwise comply with the Standards. §§ 4.17.6, 4.26.2.
7. The lavatories in each toilet room have twist-type faucets. Replace the faucets with hardware that does not require tight pinching, grasping or twisting of the wrist. §§ 4.19.5, 4.27.4.
8. The pipes under the lavatory in each room are not insulated or otherwise configured to protect against contact. Install insulation on each set of pipes. § 4.19.4.
9. The trash can and sofa in the women's room impinge on the accessible route and clear floor space at the lavatory. Remove or reposition these items to meet the accessible route, clear floor space, and turning space requirements of the Standards. §§ 4.22.3, 4.3, 4.2, 4.19.3.
10. The coat hooks on the stall doors in the toilet rooms are 66-68 inches above the finish floor. Provide coat hooks in each room that are not more than 54 inches above the floor. §§ 4.25.3, 4.2.6.

Within 3 three years of the effective date of this Agreement:

11. The lavatory in the men's room is mounted on a wooden base in an alcove that is 22 inches wide and has a clearance of 27 inches above the base and a knee clearance that is 4 inches deep and 23 inches above the base. Provide an accessible lavatory on an accessible route with a clear floor space 30 inches wide and 48 inches deep to permit a forward approach and that otherwise complies with the Standards. Ensure that the lavatory provides a clearance of at least 29 inches and a knee clearance at least 8 inches deep and 27 inches above the finish floor. §§ 4.22.6, 4.19.2 & Fig. 31, 4.19.3 & Fig. 32.

27. The Township shall complete the following modifications to the Municipal Complex/Police Department within 5 years of the effective date of this Agreement:

1. The ramp leading to the back entrance has one handrail, with edge protection, that is 2 inches in diameter, 31 inches above the face of the ramp, and has no extensions. Install handrails on both sides of the ramp, that comply with the Standards, including providing edge protection on the open side. §§ 4.8.5, 4.8.7 & Fig. 17, 4.26.
2. The Department has public and staff toilet rooms, none of which is accessible. Only the staff rooms can feasibly be made accessible. The Township will redesignate the staff rooms as accessible, public toilet rooms.
3. There is no signage at these toilet rooms. Provide signage at each room that includes raised letters, Braille, and the international symbol of accessibility, and that is mounted on the wall adjacent to the latch side of each door so that the centerline is 60 inches above the ground and there are no protruding objects to within 3 inches of the signage. §§ 4.1.2(7)(d), 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.
4. There is no signage at the non-accessible toilet rooms indicating the location of the accessible toilet rooms. Provide signage that complies with the Standards at the non-accessible toilet rooms indicating the location of accessible toilet rooms. §§ 4.1.6(3)(e)(iii), 4.30.1, 4.30.2, 4.30.3, 4.30.5, 4.30.7.
5. The door to the women's staff toilet room, which opens into the room, lacks the 18 inch minimum maneuvering clearance on the pull-side because a short privacy wall runs immediately perpendicular to the latch. Reverse the door so that it swings outward, remove the wall, or provide a power assisted door opener. § 4.13.6 & Fig. 25(a).
6. The pressure required to open the women's toilet room is greater than 5 pounds. Check and adjust the doors to both rooms so that the force required to open them is not more than 5 pounds. § 4.13.11(2)(b).
7. The "accessible" stall in the women's room is 36 inches wide and 56 inches deep, far smaller than the "standard" stall necessary to accommodate persons in wheelchairs. Provide an accessible toilet stall at least 60 inches wide and 56-59 inches deep such that all the stall's elements, including entry door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, and controls and dispensers comply with the Standards. §§ 4.16, 4.17 & Fig. 30(a), 4.22.4, 4.26, 4.27.
8. The hot water and drain pipes under the lavatory in each room are not insulated or otherwise configured to protect against contact. Install insulation on each set of pipes. § 4.19.4.
9. The bottom edge of the reflecting surface of the mirror in the women's room is 49 ½ inches above the finish floor. Check the mirror in the men's rooms and provide a mirror in each room that is mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finish floor. § 4.19.6.
10. The stall in the men's room is 38 inches wide, and the room altogether is 96 inches wide and 60 inches deep. Remove the stall partitions and renovate the room to provide a toilet room so that the spaces and elements, including the entry door, clear floor space, turning space, and accessible route, water closet, grab bars, lavatory, mirror, and controls and dispensers comply with the Standards. §§ 4.2, 4.3, 4.16 and Figs. 28 & 29, 4.19 and Figs. 31 & 32, 4.22, 4.26, 4.27.

28. The Township shall complete the following modifications to the Municipal Works Complex within 90 days of the effective date of this Agreement:

1. Neither accessible parking space at the Municipal Works Complex is van accessible. Alter the space in front of the entrance to provide a 96-inch access aisle and a "van-accessible" sign under the international symbol of accessibility such that the signage cannot be obscured by a vehicle parked in the space. §§ 4.1.2(5)(b), 4.6.4.
2. The curb ramp from the parking lot has a 1-inch lip as it meets the walkway. Alter the ramp so that the transition between the ramp to the walkway is flush and free of abrupt changes. § 4.7.2.

29. The Township shall complete the following modifications at the Recreation and Education Center within three years of the effective date of this Agreement:

1. None of the three designated accessible parking spaces at the Recreation and Education Center ("Center") has an access aisle. Provide one space with a 96-inch access aisle and a "van-accessible" sign under the international symbol of accessibility such that the signage cannot be obscured by a vehicle parked in the space. Provide two spaces with at least a 60-inch access aisle and compliant signage. Two accessible parking spaces may share a common access aisle. §§ 4.1.2(5), 4.6.4, 4.6.3 & Fig. 9.
2. The stage in the gym is accessible only by stairs. Establish a procedure for providing an alternative, accessible performance area or install a ramp or platform lift to the stage in compliance with the Standards. §§ 4.8, 4.11. Any procedure shall not require lifting or carrying persons with mobility impairments or require them to traverse unnecessary or extreme distances.
3. There is no accessible route from the accessible parking spaces into the playgrounds. Establish an accessible route from the accessible parking spaces into the playgrounds that is firm, stable, and slip-resistant and otherwise complies with the Standards. §§ 4.1.2(1), 4.3, 4.5.
4. There is no accessible route to the viewing area at the ball field. Establish an accessible route from the accessible parking spaces to the field; establish space for wheelchairs that is firm, stable, and slip resistant. §§ 4.1.2(1), 4.2.4, 4.3, 4.5.

30. The Township shall complete the following modifications at the Five Ponds Golf Course within 90 days of the effective date of this Agreement:

1. The parking lot has more than 50 spaces; there are two accessible parking spaces with faint striping, no access aisle, and no van-accessible designation. Alter the lot to provide the requisite number of accessible parking spaces, including at least one van-accessible space, signage, and spaces and access aisles that comply with the Standards. §§ 4.1.2(5), 4.1.2(7)(a), 4.6.

31. The Township shall complete the following modifications at the Wilson Senior Center within 3 years of the effective date of this Agreement. The Township owns the Center which is operated by a non-profit organization that has its own obligation to remove barriers to accessibility under title III of the ADA, and could thus be subject to an independent federal compliance review. This Agreement does not limit such future enforcement by any person or entity.

1. The parking lot has four accessible spaces opposite the entrance door and another four spaces on a tier above. There are no access aisles, no van-accessible space, and the signs reserving the spaces as accessible are too low. Alter the spaces to provide a shared 60-inch wide car access aisle, a 96-inch wide van access aisle, compliant signage, and a "van-accessible" sign under the international symbol of accessibility at the van-accessible space such that the signage cannot be obscured by a vehicle parked in the space. §§ 4.1.2(5), 4.6.3 & Fig. 9, 4.6.4.
2. The slope of the curb ramp from the parking lot to the Center entrance is 1:6.9 (rise:run). Alter the ramp so that the slope is no greater than 1:12. §§ 4.7.1, 4.7.2.
3. The drinking fountain is mounted with a spout height of 45 ½ inches. Install a drinking fountain with a spout height no higher than 36 inches from the finish floor, or install cups next to the existing fountain so that they dispense within the reach ranges of persons who use wheelchairs. §§ 4.15.2, 4.27.3, 4.2.5, 4.2.6.
4. Toilet Rooms

   1. The pressure required to open the men's and women's toilet rooms doors is 12 - 13 pounds. Adjust the doors so that the force required to open them is not more than 5 pounds. § 4.13.11(2)(b).
   2. The toilet rooms have the required signage, but it is mounted on the doors to the rooms. Re-mount the signage on the wall adjacent to the latch side of each door so that the centerline is 60 inches above the ground and there are no protruding objects to within 3 inches of the signage. §§ 4.1.3(16)(a), 4.30.1, 4.30.6.
   3. The centerline of the toilet in each room is 32 - 34 inches from the side wall and 25 - 28 inches from the stall partition. Reposition each toilet so that the toilet is exactly 18 inches from the side wall or stall partition. § 4.17.3 & Fig. 30(a), (a-1).
   4. The toilet paper dispenser in each accessible stall is mounted above the side grab bar and interferes with its use. Re-mount each dispenser below the side grab bar, at least 19 inches high and no more than 36 inches from the back wall. § 4.17.3 & Fig. 30(d).
   5. The mirror in each room is mounted so that the bottom edge of the reflecting surface is 41 ½ - 42 inches above the finish floor. Provide a mirror in each room mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finish floor. § 4.19.6.
   6. The soap dispenser in each room is mounted so that the control is more than 44 inches above the finish floor. Reposition or provide a dispenser so that its highest operable part is no higher than 44 inches from the finish floor. §§ 4.22.7, 4.27.3, 4.2.5 & Fig. 5(b).
   7. The toilet seat protectors are too high at 55 inches for a front approach, and there is insufficient clear floor space for a side approach. Reposition or provide a dispenser so that its highest operable part is within the reach ranges of a person who uses a wheelchair. §§ 4.22.7, 4.27.3, 4.2.5 & Fig. 5(a), 4.2.6.
   8. The hot water and drain pipes under the lavatory in each room are not insulated or otherwise configured to protect against contact. Install insulation on each set of pipes. § 4.19.4.
   9. The highest operable part of the paper towel dispenser in the women's room is 58 ½ inches above the finish floor. Check the dispenser in both rooms and adjust them, as necessary, so that the highest operable part is not more than 54 inches above the finish floor for a side approach. §§ 4.22.7, 4.27.3, 4.2.6.
   10. The coat hook in the women's toilet room is 65 ½ inches above the finish floor. Check and adjust the coat hooks in the women's and men's toilet rooms so that each has a hook that is not more than 54 inches above the floor. §§ 4.25.3, 4.2.6.
   11. The accessible stall door in each room has twist-type hardware. Replace the handle on each door with hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. §§ 4.22.4, 4.17.5, 4.13.9.

32. The Township shall complete the following modifications at the Library within 90 days of the effective date of this Agreement:

1. None of the three accessible parking spaces is van accessible, and none has an access aisle. Alter the spaces to provide a shared 60-inch wide car access aisle, a 96-inch wide van access aisle, compliant signage, and a "van-accessible" sign under the international symbol of accessibility at the accessible space such that the signage cannot be obscured by a vehicle parked in the space. §§ 4.1.2(5), 4.6.4, 4.6.3 & Fig. 9.
2. There are information racks mounted in the vestibule that are 57-66 inches above the finish floor. Re-mount the information racks so that they are usable by persons in wheelchairs or provide a programmatic solution to the inaccessible racks (e.g., post a permanent notice in a conspicuous location that staff are available to assist patrons who use wheelchairs). See Standards §§ 4.2.5, 4.2.6.
3. The aisles around the perimeter of the library are 33 inches wide. Reposition the stacks so that the minimum width of all aisles is 36 inches, or post a permanent notice in a conspicuous location that staff are available to assist patrons who use wheelchairs. §§ 8.5 & Fig. 56, 4.3.
4. The door to the meeting room is 30 ½ inches. Alter the doorway to provide a minimum clear opening of 32 inches with the door open 90 degrees. § 4.13.5.

33. The Township will complete the following modifications at its parks within three years of the effective date of this Agreement:

1. Crooked Billet Park

1. The park has a parking lot that is not striped, and there is no sign designating a space as reserved for persons with disabilities. Stripe the parking lot to define a 96-inch space and a 96-inch access aisle, and install a "van accessible" sign mounted below the international symbol of accessibility in a position that cannot be obscured by a vehicle parked in the lot. §§ 4.1.2(5), 4.6.
2. There is no accessible route from the accessible parking into the playgrounds. Establish an accessible route from parking into the playgrounds that is firm, stable, and slip-resistant and otherwise complies with the Standards. §§ 4.1.2(1), 4.3, 4.5.
3. There is no accessible route from the accessible parking to the basketball court and to the viewing areas at the basketball court and baseball field. Establish an accessible route from parking to these areas that is firm, stable, and slip resistant. Establish spaces for wheelchairs in the viewing areas adjoining the accessible route that are firm, stable, and slip resistant and have lines of sight comparable to those for the general public in compliance with the Standards. §§ 4.1.2(1), 4.1.3(19)(a), 4.2, 4.3, 4.5, 4.33.

2. Kemper Park

1. The accessible parking space is not designated "van-accessible." Install signage beneath the international symbol of accessibility at a height that cannot be obscured by a vehicle parked in the space. §§ 4.1.2(5)(b), 4.6.4.
2. There is no accessible route from the accessible street parking into the playground. Establish an accessible route from the accessible parking into the playground that is firm, stable, and slip-resistant and otherwise complies with the Standards. §§ 4.1.2(1), 4.3, 4.5.
3. Neither of the picnic shelters is accessible because of the surface of the ground on which they are situated and the lack of an accessible route from the accessible parking space into the shelters. Establish an accessible route from the accessible street parking into one of the shelters and replace the shelter ground surface with one that is firm, stable, and slip-resistant. §§ 4.1.2(1), 4.3, 4.5.
4. None of the picnic tables is accessible to persons who use wheelchairs. Provide an eating surface within the shelter that can be used by persons who use wheelchairs. See Standards §§ 4.32.4, 4.32.4.

3. Log College Park

1. There is no curb ramp from street parking to the sidewalk leading into Log College Park. Install a curb ramp that complies with the Standards. §§ 4.1.2(1), 4.3, 4.7.
2. There is no accessible route from the street into the playground. Establish an accessible route from the street into the playground that is firm, stable, and slip-resistant and otherwise complies with the Standards. §§ 4.1.2(1), 4.3, 4.5.
3. There is no accessible route from the street parking to the tennis court and basketball court and to the viewing areas at the tennis court, basketball court, and volleyball court. Establish an accessible route from the street these areas and establish viewing spaces for wheelchairs that are firm, stable, and slip resistant. §§ 4.1.2(1), 4.2, 4.3, 4.5.

4. Maple Street Park

1. There is no accessible route from the street to the benches and the playgrounds. Establish an accessible route from the street to the benches and to the playgrounds that is firm, stable, and slip-resistant and otherwise complies with the Standards. §§ 4.1.2(1), 4.3, 4.5.
2. There is no accessible route from the street to the basketball court and to the viewing area at the basketball court. Establish an accessible route and establish space for wheelchairs that is firm, stable, and slip resistant. §§ 4.1.2(1), 4.2, 4.3, 4.5.

5. Meadow Run Park

1. The curb ramp from the street to the walkway leading into the park has a 1: 4.7 (rise:run) slope and a 1 ½ inch lip as it meets the walkway. Alter the ramp so that its slope is not greater than 1:12 and the transition between the ramp to the walkway is flush and free of abrupt changes. § 4.7.2.
2. There is no accessible route from the park accessible route to the playgrounds. Establish an accessible route from the park accessible route to the playgrounds that is firm, stable, and slip-resistant and otherwise complies with the Standards. §§ 4.1.2(2), 4.3, 4.5.
3. The picnic tables are not accessible because of the surface of the ground on which they are situated and the lack of an accessible route from the park accessible route to the picnic tables. Establish an accessible route from the park accessible route to the tables and replace the area's ground surface with one that is firm, stable, and slip-resistant. §§ 4.1.2(1), 4.3, 4.5.
4. None of the picnic tables is accessible to persons who use wheelchairs. Provide an eating surface that can be used by persons who use wheelchairs. See Standards §§ 4.32.4, 4.32.4.

6. Monroe Park

1. Neither accessible parking space is van accessible. Re-stripe the spaces to provide a 96-inch access aisle and provide a "van-accessible" sign under one of the international symbols of accessibility such that the signage cannot be obscured by a vehicle parked in the space. §§ 4.1.2(5)(b), 4.6.3, 4.6.4.
2. The doors to the men's and women's toilet rooms are 29 - 29 ½ inches wide. Alter the doorways to provide a minium clear opening width of 32 inches when the door is open 90 degrees. § 4.13.5.
3. The accessible toilet stall in each room is 40 - 40 ½ inches wide, far smaller than the 60-inch wide "standard" toilet stall required to accommodate persons who use wheelchairs. In each room, provide an accessible toilet stall at least 60 inches wide and 56-59 inches deep such that all the stall's elements, including entry door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, and controls and dispensers comply with the Standards. §§ 4.16, 4.17 & Fig. 30(a), 4.22.4, 4.26, 4.27.
4. The lavatories in each toilet room have twist-type faucets. Replace the faucets with hardware that does not require tight pinching, grasping or twisting of the wrist. §§ 4.19.5, 4.27.4.
5. The lavatories in each toilet room are enclosed below the counter surface. Provide a lavatory in each room that meets the height, knee clearance, and toe clearance requirements of the Standards. § 4.19.2 & Fig. 31.
6. The water fountain lacks adequate knee clearance for a front approach; provide at least 30 inches by 48 inches clear ground space for a parallel approach. § 4.15.5(2) & Figs. 27(c), (d).
7. The public telephone at the concession stand does not comply with § 4.1.3(17). The coin release of the public telephone is located 55 inches above the ground, but there is insufficient clear ground space for a parallel approach. Provide at least 30 inches by 48 inches clear ground space. Also provide hearing-aid compatibility, volume control, and appropriate signage. §§ 4.1.3(17), 4.31.2 through .8 & Fig. 44(a).
8. The picnic areas at either end of the park are not accessible because of the surface of the ground on which they are situated and the lack of an accessible route from the accessible parking space to the picnic tables. Establish an accessible route from the accessible parking space to one of the picnic areas and replace the area's ground surface with one that is firm, stable, and slip-resistant. §§ 4.1.2(1), 4.3, 4.5.
9. There is no accessible route from the accessible parking to the spectator seating at the baseball field. Establish an accessible route from the accessible parking to this area that is firm, stable, and slip resistant and otherwise complies with the Standards. §§ 4.1.2(1), 4.3, 4.5.
10. There are no wheelchair locations in the spectator seating at the baseball field. Establish spaces for wheelchairs in the viewing area adjoining the accessible route that are firm, stable, and slip resistant and have lines of sight comparable to those for the general public in compliance with the Standards. §§ 4.1.3(19)(a), 4.33, 4.5.
11. There is no accessible route from the accessible parking to the remaining ball fields. Establish an accessible route from the accessible parking to one of each type of these fields (e.g., soccer, football) and establish space for wheelchairs that is firm, stable, and slip resistant. §§ 4.1.2(1), 4.2, 4.3, 4.5.

7. Syzmanek Park

1. The park has a parking lot that is not striped, and there is no sign designating a space as reserved for persons with disabilities. Stripe the parking lot to define a 96-inch space and a 96-inch access aisle, and install a "van-accessible" sign mounted below the international symbol of accessibility in a position that cannot be obscured by a vehicle parked in the lot. §§ 4.1.2(5), 4.6.
2. There is no accessible route from the accessible parking to the basketball court. Establish an accessible route to the court and viewing area. Establish viewing spaces for wheelchairs that are firm, stable, and slip resistant. §§ 4.1.2(1), 4.2, 4.3, 4.5.
3. There is no accessible route from the accessible parking to the spectator seating at the football field and baseball field. Establish an accessible route from the accessible parking to these areas that is firm, stable, and slip resistant and otherwise complies with the Standards. §§ 4.1.2(1), 4.3, 4.5.
4. There are no wheelchair locations in the spectator seating at the football and baseball fields. Establish wheelchair locations in this area that adjoin an accessible route and that have lines of sight comparable to those for the general public in compliance with the Standards. §§ 4.1.3(19)(a), 4.33, 4.5.

8. Werner Park

1. The Township owns Werner Park and the toilet room building within it. The "Pioneers," an amateur football team, own other improvements, including a concession stand and a building that houses an announcer's booth and storage area. The team has its own obligation to remove barriers to accessibility under title III of the ADA, and could thus be subject to an independent federal compliance review. This Agreement does not limit such future enforcement by any person or entity.
2. The parking space below the accessible parking sign is not defined. Stripe the parking lot to define a 96-inch space, a 96-inch access aisle, and a "van accessible" sign mounted below the international symbol of accessibility in a position that cannot be obscured by a vehicle parked in the lot. §§ 4.1.2(5), 4.6.
3. There is no accessible route from the accessible parking to the viewing area at the baseball field and into the playground. Establish an accessible from the accessible parking spaces to the field that is firm, stable, and slip resistant and establish viewing spaces for wheelchairs that are firm, stable, and slip resistant. §§ 4.1.2(1), 4.2.4, 4.3, 4.5.
4. There is no accessible route from the accessible parking to the spectator seating at the football field. Establish an accessible route from the parking to this area that is firm, stable, and slip resistant and otherwise complies with the Standards. §§ 4.1.2(1), 4.3, 4.5.
5. There are no wheelchair locations in the spectator seating at the football field. Establish wheelchair locations in this area that adjoin an accessible route and that have lines of sight comparable to those for the general public in compliance with the Standards. §§ 4.1.3(19)(a), 4.33, 4.5.
6. None of the picnic tables is accessible to persons who use wheelchairs. Provide an eating surface that can be used by persons who use wheelchairs. See Standards §§ 4.32.4, 4.32.4.
7. The counter at the concession stand is 44 inches from the ground. Provide a concession counter that is at least 36 inches wide and no more than 36 inches high, or provide an auxiliary counter with a maximum height of 36 inches in compliance with the Standards, § 7.2.2; or provide access to services transacted at this counter through alternate means (e.g., by taking and filling orders of individuals who use wheelchairs in front of the concession stand).

IMPLEMENTATION AND ENFORCEMENT

34. Except as otherwise specified in this Agreement, at 90 and 180 days after the effective date of this Agreement, and thereafter at yearly anniversaries of the effective date, the Township will submit written reports to the Department summarizing the actions the Township has taken pursuant to this Agreement. Reports will include photographs, architectural plans, notices published in the newspapers, copies of adopted policies, and proof of efforts to secure funding/assistance for structural renovations.
35. If at any time the Township desires to modify any portion of this Agreement because of changed conditions making performance impossible or impractical or for any other reason, it will promptly notify the Department in writing, setting forth the facts and circumstances thought to justify modification and the substance of the proposed modification. Until there is written Agreement by the Department to the proposed modification, the proposed modification will not take effect. These actions must receive the prior written approval of the Department, which approval shall not be unreasonably withheld or delayed.
36. The Department may review compliance with this Agreement at any time. If the Department believes that this Agreement or any portion of it has been violated, it will so notify the Township in writing and it will attempt to resolve the issue or issues in good faith. If the Department is unable to reach a satisfactory resolution of the issue or issues raised within 30 days of the date it provides notice to the Township, it may institute a civil action in federal district court directly to enforce title II or to enforce the terms of this Agreement, or it may initiate appropriate steps to enforce section 504 of the Rehabilitation Act.
37. Failure by the Department to enforce this entire Agreement or any provision thereof with regard to any deadline or any other provision herein shall not be construed as a waiver of the Department's right to enforce other deadlines and provisions of this Agreement.
38. In the event that the Township fails to comply in a timely manner with any requirement of this Agreement without obtaining sufficient advance written agreement with the Department for a temporary modification of the relevant terms of this Agreement, the Department may file suit in an appropriate federal court to enforce the terms of the Agreement, may declare the Agreement null and void and file suit to enforce title II of the ADA, or may initiate appropriate steps to enforce section 504 of the Rehabilitation Act.
39. This Agreement is a public document. A copy of this document or any information contained in it may be made available to any person by the Township or the Department on request.
40. The effective date of this Agreement is the date of the last signature below.
41. This Agreement constitutes the entire agreement between the parties on the matters raised herein, and no other statement, promise, or agreement, either written or oral, made by either party or agents of either party, that is not contained in this written Agreement, shall be enforceable. This Agreement does not purport to remedy any other potential violations of the ADA or any other Federal law. This Agreement does not affect the Township's continuing responsibility to comply with all aspects of the ADA.
42. This Agreement will remain in effect for eight years from the effective date of this Agreement, or until the parties agree that full compliance with this Agreement by the Township has been achieved.
43. The person signing for Township of Warminster represents that he is authorized to bind the Township to this Agreement.

For Township of Warminster:

By:__________________________   Date______________________
      ROBERT JOHN CAMARATA
      Township Manager
      Henry and Gibson Avenues
      Warminster, Pennsylvania 18974

For the United States:

By:__________________________   Date______________________
      JOHN L. WODATCH, Chief
      ALLISON J. NICHOL, Deputy Chief
      SUSAN B. REILLY, Supervisory Attorney
      Disability Rights Section
      Civil Rights Division
      U.S. Department of Justice
      P.O. Box 66738
      Washington, DC 20035-6738

In accordance with the requirements of title II of the Americans with Disabilities Act of 1990, the Township of Warminster (Township) will not discriminate against qualified individuals with disabilities on the basis of disability in the Township's services, programs, or activities.

The Township does not discriminate on the basis of disability in its hiring or employment practices. The Township will not ask a job applicant about the existence, nature, or severity of a disability. Applicants may be asked about their ability to perform specific job functions. Medical examinations or inquiries may be made, but only after a conditional offer of employment is made and only if required of all applicants for the position. The Township will make reasonable accommodations for the known physical or mental limitations of a qualified applicant or employee with a disability upon request unless the accommodation would cause an undue hardship on the operation of the Township's business. To the extent its selection criteria for employment decisions have the effect of disqualifying an individual because of disability, those criteria will be job-related and consistent with business necessity.

The Township will provide appropriate auxiliary aids and services, including qualified sign language interpreters and assistive listening devices, whenever necessary to ensure effective communication with members of the public who have hearing, sight, or speech impairments, unless to do so would result in a fundamental alteration of its programs or an undue administrative or financial burden. A person who requires an accommodation or an auxiliary aid or service to participate in a Township program, service, or activity, should contact the office of Robert Camarata, the Township Manager and ADA Coordinator, at 215-443-2921 as far in advance as possible but no later than 48 hours before the scheduled event.

The Township will not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the cost of providing auxiliary aids/services or reasonable modifications of policy, such as retrieving items from locations that are open to the public but are not accessible to persons who use wheelchairs. December 2000

TOWNSHIP OF WARMINSTER

Grievance Procedure under the Americans with Disabilities Act

This Grievance Procedure is established to meet the requirements of the Americans with Disabilities Act of 1990. It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability in employment practices and policies or the provision of services, activities, programs, or benefits by the Township of Warminster.

The complaint should be in writing and contain information about the alleged discrimination such as name, address, pone number of complainant and location, date, and description of the problem. Alternative means of filing complaints, such as personal interviews or a tape recording of the complaint, will be made available for persons with disabilities upon request.

The complaint should be submitted by the grievant and/or his/her designee as soon as possible but no later than 60 calendar days after the alleged violation to:

Mr. Robert John Camarata
Township Manager and ADA Coordinator, 215-443-2921
Township of Warminster
Henry and Gibson Avenues
Warminster, PA 18794

Within 15 calendar days after receipt of the complaint, Mr. Camarata or his designee will meet with the complainant to discuss the complaint and the possible resolutions. Within 15 calendar days of the meeting, Mr. Camarata or his designee will respond in writing, and where appropriate, in format accessible to the complainant, such as large print, Braille, or audio tape. The response will explain the position of Warminster Township and offer options for substantive resolution of the complaint.

If the response by Mr. Camarata or his designee does not satisfactorily resolve the issue, the complainant and/or his/her designee may appeal the decision of the ADA coordinator within 15 calendar days after receipt of the response to the Chairman of the Board of Supervisors of his or her designee.

Within 15 calendar days after receipt of the appeal, the Chairman of the Board of Supervisors or his or her designee will meet with the complainant to discuss the complaint and possible resolutions. Within 15 calendar days after the meeting the Chairman of the Board of Supervisors or his or her designee will respond in writing, and, where appropriate, in a format accessible to the complainant, with a final resolution of the complaint.

All written complaints received by Mr. Camarata or his designee, appeals to the Chairman of the Board of Supervisors or his or her designee, and responses from these two offices will be retained by the Township of Warminster at least three years.