Certification Review - Lehigh Valley Planning Commission
United StatesDepartment of TransportationCertification ReviewLehigh Valley Metropolitan AreaPlanning ProcessConducted by FHWA and FTAAllentown, PADecember 3-4, 2015FINAL REPORTIssued: July 7, 2016
Table of ContentsTable of Contents . 1Preface . 2Executive Summary . 3Background . 9Introduction . 10Observations and Recommendations . 12I. Metropolitan Planning Area BoundariesII. Transportation Plans and Update ProcessesIII. Environmental MitigationIV. Congestion Management ProcessV. Title VI, Nondiscrimination, and Limited English ProficiencyVI. Multimodal PlanningVII. Integrating Freight in the Transportation Planning ProcessConclusions . 30Appendices . 31Appendix A: USDOT Review Team and ParticipantsAppendix B: Notification LetterAppendix C: Desk Review Findings LetterAppendix D: Site Visit AgendaAppendix E: Acronyms-1-
PrefacePursuant to 23 U.S.C. 134(k) and 49 U.S.C. 5303(k), the Federal HighwayAdministration (FHWA) and the Federal Transit Administration (FTA) must jointly certifythe metropolitan transportation planning in Transportation Management Area (TMAs) atleast every four years. A TMA is an urbanized area, as defined by the U.S. CensusBureau, with a population of over 200,000. In general, the Planning Certification Reviewconsists of three primary activities: a site visit, a review of planning products (in advanceof and during the site visit), and preparation of a report that summarizes the Review andoffers findings. The Review focuses on compliance with Federal regulations,challenges, successes, and experiences of the cooperative relationship between theMetropolitan Planning Organization (MPO), the State Department of Transportation(DOT), and transit operators in the conduct of the metropolitan planning process. JointFTA/FHWA Certification Review guidelines provide agency field reviewers with latitudeand flexibility to tailor the Review to reflect local issues and needs. As a consequence,the scope and depth of the Certification Review reports will vary significantly.The Certification Review process is only one of several methods used to assess thequality of a local metropolitan planning process, compliance with applicable statutes andregulations, and the level and type of technical assistance needed to enhance theeffectiveness of the planning process. Other activities provide opportunities for this typeof review and comment, including Unified Planning Work Program (UPWP) approval,the Long Range Transportation Plan (LRTP), metropolitan and statewide TransportationImprovement Program (TIP) findings, air-quality conformity determinations (innonattainment and maintenance areas), as well as a range of other formal and lessformal contact provide both FHWA and FTA an opportunity to comment on the planningprocess. The results of these processes are considered in the TMA CertificationReview.While the Certification Review report itself may not fully document those manyintermediate and ongoing checkpoints, the “findings” of Certification Reviews are, infact, based upon the cumulative findings of the entire review effort.The Review process is individually tailored to focus on topics of significance in eachmetropolitan planning area. Federal reviewers prepare Certification reports to documentthe results of the Review process. The reports and final actions are the jointresponsibility of the appropriate FHWA and FTA field offices, and their content will varyto reflect the planning process reviewed and whether or not they relate explicitly toformal “findings” of the Review.To encourage public understanding and input, FHWA and FTA will continue to improvethe clarity of the TMA Certification Review reports.-2-
Executive SummaryThe Federal Highway Administration (FHWA) and the Federal Transit Administration(FTA) conducted a joint Certification Review of the transportation planning process forthe Lehigh Valley Metropolitan Transportation Management Area (TMA). Themetropolitan planning organization (MPO) designated for the TMA is the Lehigh ValleyTransportation Study (LVTS). The LVTS work products are conducted and produced bythe Lehigh Valley Planning Commission (LVPC) staff, the Lehigh and NorthamptonTransportation Authority (LANta) staff, and the Pennsylvania Department ofTransportation (PennDOT) staff. The participants in this Review are listed in AppendixA.The 2015 Certification Review was conducted in five phases. This process was initiatedwith our April 23, 2015 letter sent to the LVTS Chairperson [Appendix B]. The fivephases consisted of the following:1.2.3.4.5.Desk review of the planning products and processes;Issuance of desk review findings;Field review;Close out; andCertification Review Final Report.The desk review involved an analysis of all major planning documentation, providedbackground information for the Review, and highlighted areas to be explored during thesite visit. The field review complemented the preliminary review preparation by allowingfor an in-depth review of the required metropolitan transportation planning products andprograms to include development of the Long Range Transportation Plan (LRTP) andTransportation Improvement Program (TIP), the Public Participation Plan (PPP), Bicycleand Pedestrian Planning, the Congestion Management Process (CMP), Title IVcompliance, and to assess compliance with Moving Ahead for Progress in the 21stCentury (MAP-21).On November 6, 2015, the USDOT Review Team sent a letter to the Chairperson of theLVTS identifying the findings of the desk review [Appendix C]. The findings of the deskreview identified the following major elements of the planning process to be discussedat the on-site field review: Long Range Transportation PlanTransportation Improvement ProgramPerformance-Based PlanningEnvironmental MitigationBike & Pedestrian PlanningTransit PlanningTitle VI/Nondiscrimination-3-
Environmental JusticeIntegrating FreightCongestion Management ProcessOperations & Management ConsiderationsThe on-site review was conducted on December 3 and 4, 2015 at the LVPC andPennDOT District 5-0 offices, located in Allentown. The two days of discussionsincluded the United States Department of Transportation (USDOT) Review Teammembers from the FTA, and FHWA; LVPC staff; representatives from PennDOT’sCentral Office and District 5-0, LANta; LVTS Policy Board members; and citizens. SeeAppendix A for a complete list of the individuals that participated in the Lehigh ValleyMetropolitan Area Certification Review. Among the items discussed by the USDOTReview Team were the following major elements of the planning process: The Long Range Transportation PlanThe Transportation Improvement ProgramEnvironmental MitigationCongestion Management ProcessPublic InvolvementEnvironmental JusticeTransit PlanningIntermodal and Freight IssuesThe Certification Review also includes an evaluation of LVTS’s compliance with theprovisions of its self-certification resolution and Executive Order 13166 – ImprovingAccess to Services for Persons with Limited English Proficiency. The site visit agendafor this Review, which includes a complete list of topics discussed, is included inAppendix D.The close out portion of the field view provided a verbal summary of the preliminaryfindings and recommendations, as well as commendations, of the USDOT ReviewTeam to LVTS. This Certification Review Final Report concludes the certificationprocess by providing a summary of the issues discussed and the MAP-21 compliancecheck made during the field review, and documents any corresponding correctiveactions, recommendations, and/or commendations. This Final Report will stand as theofficial USDOT planning certification finding.This Certification Review is a follow on to prior Reviews for this region conducted in1994, 1997, 2000, 2004, 2008 and 2011. As such, this Review will focus on what haschanged since the last Certification Review, including how comments andrecommendations from past Reviews have been implemented.Based on the results of the Certification Review, FHWA and FTA jointly find that theplanning process in the Lehigh Valley Metropolitan Region substantially complieswith the spirit and intent of the metropolitan transportation planning laws and-4-
regulations. As a result, the FHWA and FTA jointly certify the planning process inthe Lehigh Valley Metropolitan Area TMA.The USDOT Review Team has found the Lehigh Valley Transportation Study to be incompliance with Title 23, United States Code, Section 134 (23 USC 134), and offers anumber of findings below to further assist the area in adding greater emphasis andstrengthening certain aspects of the process. The recommendations will be revisited aspart of our regular liaison and oversight, as well as during subsequent CertificationReviews of the TMA. As defined, some corrective actions must be addressed within thespecified timeframes. In addition, the USDOT Review Team provided a number ofcommendations through this Review process, which are also described below.USDOT REVIEW TEAM CORRECTIVE ACTIONSMetropolitan Planning Area Boundaries1.LVPC must establish a written agreement that clearly identifies areasof coordination and the division of transportation planning responsibilities amongand between the LVTS and NJTPA. This agreement with NJTPA must beestablished within 12 months of issuance of the final Certification Report.Title VI, Nondiscrimination, and Limited English Proficiency (LEP)2.The USDOT Review Team finds that LVPC has insufficient methods ofadministration to ensure program participants and beneficiaries awareness of theprotections afforded them by Title VI, related statues and regulations and theapplicability of the same to the programs and activities it administers.Accordingly, LVTS must, within 180 days of the Certification Review Report:a.Conduct an LEP analysis and develop a language access plan that includesappropriate language assistance services for participants and beneficiariesthat are limited English proficient. The USDOT Review Team recommendsthat LVTS follow the process outlined in the DOT LEP Guidance to conductthe analysis. LVTS must provide FHWA and FTA with a copy of its analysisand access plan upon completion of this activity.b.Ensure the availability and accessibility of the complaint form and process onits website in English and languages other than English as appropriate.Alternatively, LVTS may include a statement on its website, in appropriatelanguage(s) that informs individuals whom to contact if translation servicesare necessary. LVTS must provide FHWA and FTA proof of posting,including the web address for the post upon completion of this activity;c.Develop and post a Notice to the Public or Policy Statement that informsbeneficiaries of and participants in its programs of their rights under Title VI.The Notice or Policy Statement must be displayed on the LVTS website and-5-
public areas under LVTS control. The Notice or Policy Statement must be inlanguages other than English as appropriate or include a statement directingLEP individuals whom to contact for assistance. LVTS must provide FHWAand FTA proof of posting, including the web address for the post uponcompletion of this activity. Additionally, a list of locations where the statementis posted should be provided.USDOT REVIEW TEAM RECOMMENDATIONSTransportation Plans and Update Processes1.The USDOT Review Team recommends that LVTS solidify its project selectioncriteria and make the process more transparent. The selection process criteriashould be written so that it is easily understood by the general public, whileproviding specifics on project prioritization.2.The USDOT Review Team recommends a separate listing for ‘illustrativeprojects' in the LRTP that demonstrates the unmet transportation needs of theregion. The LRTP should show the entire need in the region, both met andunmet, and include a detailed discussion on unmet needs, including the use ofalternative sources of funding, especially if the projects could potentially impactAir Quality conformity findings.3.The USDOT Review Team recommends that the Annual Listing of Obligatedprojects be made public no later than 90 calendar days following the end of theprogram year.Environmental Mitigation4.The USDOT Review Team recommends that LVTS continue to work towardidentifying areas to carry out mitigation activities from a planning level.Coordinate with FHWA and PennDOT to identify possible options for fundingmitigation opportunities related to transportation.Congestion Management Process5.Considering the projected growth in freight and truck traffic in the region, theUSDOT Review Team recommends that impacts of freight on congestion shouldbe more fully incorporated into the framework of the LVTS CMP and,consequently, in the next LRTP update.Title VI, Nondiscrimination, and Limited English Proficiency (LEP)6.The USDOT Review Team strongly recommends that LVTS review its websitefor ADA compliance using a 508 compliance check tool and make changes asappropriate.-6-
7.The USDOT Review Team recommends that LVTS consider taking additionalsteps to involve minority and LEP populations in public participation activities,such as placing public notices or policy statements in locations or with faithbased organizations and educational institutions to maximize public engagementstrategies.8.The USDOT Review Team recommends that LVTS expand its discussion andanalysis of benefits and burdens of transportation investments to includetradeoffs between conflicting objectives of transportation policy choices anddecisions made during the planning stage.USDOT REVIEW TEAM COMMENDATIONSTransportation Plans and Update Processes1.The USDOT Review Team commends LVPC for focusing on a balancedtransportation network that links mobility, land use, and economic development.2.The USDOT Review Team commends LVPC for making freight a majorcomponent of its LRTP development and publishing the Lehigh Valley RegionalFreight Plan as a companion document.3.The USDOT Review Team commends the use of a regional general land usepolicy which defines the areas recommended for urban development within theregion.4.The USDOT Review Team commends the use of ‘Data & Donuts’ and ‘Policy &Pizza’ public involvement tactics that the LVPC staff employs to attract andengage the public in regional transportation planning efforts.Environmental Mitigation5.The USDOT Review Team commends LVTS for taking a proactive approach tostormwater runoff mitigation in the area. In fact, the new Fixing America’sSurface Transportation Act (FAST Act), signed into law on December 4, 2015,added several new planning factors which expands the scope of consideration ofthe metropolitan planning process to include improving transportation systemresiliency and reliability; and reducing (or mitigating) the stormwater impacts ofsurface transportation.Congestion Management Process6.The USDOT Review Team commends LVTS for continual improvement of theCMP over past iterations. The post-improvement review for the Cedar CrestCorridor as an outcome from the CMP was an exemplary follow-up activity. Asresources allow, it would be good to see more analysis/reviews like this effort inthe future.-7-
Multimodal Planning7.The USDOT Review Team commends LVTS for its continued efforts in workingwith LANta to plan for and promote transit throughout the region. In particular, theLANta Moving Forward Strategic Plan is a good example of cooperative planningbetween LVTS and LANta, linking transit improvements with goals in the LRTPand Comprehensive Plan.8.The USDOT Review Team commends LVTS for its work on the regional sidewalkinventory and tying the study to pedestrian concerns and last mile trip planning.LVTS is also commended for laying the groundwork for its upcomingbicycle/pedestrian plan.9.The USDOT Review Team commends LVTS for programming a new commuterstudy into the FY2017 UPWP cycle for the Lehigh Valley.Integrating Freight in the Transportation Planning Process10. The USDOT Review Team commends LVTS for going above and beyond inmeeting the expectation of the previous Certification Review Recommendation.In October of 2015, LVTS adopted a stand-alone Lehigh Valley FreightMovement Plan, which capitalized on PennDOT’s preparation of a StatewideComprehensive Freight Mobility Plan. LVTS also pressed forward withdeveloping a LVTS Freight Advisory Committee that held its first meeting inFebruary of 2016. The USDOT Review Team applauds the work completed byLVTS in strengthening its overall freight planning efforts and activities. As part ofFHWA’s technical assistance initiative, FHWA will continue to assist LVTS inimplementing FAST Act freight provisions as the implementation guidance isreleased.-8-
BackgroundPursuant to Title 23, United States Code, Section 134(k) and Title 49, United StatesCode, Section 5303(k), the Federal Highway Administration (FHWA) and the FederalTransit Administration (FTA) must jointly certify the metropolitan transportation planningin Transportation Management Area (TMAs) at least every four years. (A TMA is anurbanized area, as defined by the United States Census Bureau, with a population ofover 200,000. In general, the Reviews consist of three primary activities: a site visit, areview of planning products (in advance of and during the site visit), and preparation ofa report that summarizes the Review and offers findings. The Reviews focus oncompliance with Federal regulations, challenges, successes, and experiences of thecooperative relationship between the metropolitan planning organizations, the StateDepartment of Transportation, and transit operators in the conduct of the metropolitanplanning process. Joint FTA/FHWA Certification Review guidelines provide agency fieldreviewers with latitude and flexibility to tailor the Review to reflect local issues andneeds. As a consequence, the scope and depth of the Certification Review reports willvary significantly.While the Planning Certification Review report itself may not fully document those manyintermediate and ongoing checkpoints, the “findings” of Certification Reviews are, infact, based upon the cumulative findings of the entire Review effort.The Review process is individually tailored to focus on topics of significance in eachmetropolitan planning area. Federal reviewers prepare Certification Review Reports todocument the results of the Review process. The reports and final actions are the jointresponsibility of the appropriate FHWA and FTA field offices, and their content will varyto reflect the planning process reviewed and whether or not they relate explicitly toformal “findings” of the Review.-9-
IntroductionThe USDOT Secretary of Transportation shall certify compliance with the applicableTitle 23 USC Section 134 metropolitan planning requirements for MPOs and TMAs. Thecertification is a joint FHWA/FTA responsibility. The Review is to focus on compliancewith Federal regulations, challenges, successes, and experiences of the cooperativerelationship between the MPO, State Department of Transportation, and transitoperator(s) in the conduct of the metropoli
The Certification Review also includes an evaluation of LVTS’s compliance with the provisions of its self-certification resolution and Executive Order 13166 – Improving Access to Services for Persons with Limited English Proficiency. The site visit agenda for this Review, which includes a complete list of topics discussed, is included in Appendix D. The close out portion of the field view .
Lehigh Valley Drug and Alcohol Intake Units 25 Lehigh Valley Eye Center 65 Lehigh Valley Eye Center and Children's Eye Care 58 Lehigh Valley Family Health Center 49 Lehigh Valley Hospital Center 40 Lehigh Valley Hospital Center for Women's Medicine 58 Lehigh Valley Hospital Center for Women's Health at Casa - "Viva Nueva" Clinic 58 .
Lehigh Valley Drug and Alcohol Intake Units 46 Lehigh Valley Eye Center - Bethlehem 98 Lehigh Valley Eye Center and Children's Eye Care - Allentown 90 Lehigh Valley Family Health Center 81 Lehigh Valley Health Network 25 Lehigh Valley Hospital Center 71 Lehigh Valley Hospital Center for Women's Health at Casa - "Viva Nueva" Clinic 91
Lehigh County Drug and Alcohol 71, 74 Lehigh County Family Court 128 Lehigh County Juvenile Probation 128 Lehigh County Conference of Churches 65 Lehigh County Housing Authority and Valley Housing Development Corporation 57 Lehigh County Information and Referral 41 Lehigh County Office of Children and Youth 29 .
of the Lehigh Valley 1520 Hanover Avenue Allentown, PA 18109 2012-2013 Community Resource Book Phone: 610-437-6000 Fax: 610-437-6500 . Lehigh Valley Drug and Alcohol Intake Units 42 Lehigh Valley Eye Center 95 Lehigh Valley Eye enter and hildren's Eye are 87
Greater Bath Area Chamber of Commerce, Bath, PA Greater Lehigh Valley Chamber of Commerce, Lehigh Valley, PA Greater Northern Lehigh Chamber of Commerce, Lehigh Valley, PA Greater Pittsburgh Chamber of Commerce, Pittsburgh, PA He
Schweta R. Arakali MD John H. Archer MD Haider Asad MD HNL Lab Medicine Ileana O. Asanache CRNP Andrew E. Aspen CRNA Lehigh Valley Health Network Michelle D. Asteak PA-C, MSPAS Kathy S. Attieh PA-C Lehigh Valley Hospital Mark H. Auerbach MD Katlin A. Aunkst PA-C Lehigh Valley Hospital Anthony G. Auteri MD
COURT OF COMMON PLEAS OF LEHIGH COUNTY . Rule 51 Title and Citation of Rules. All civil rules of procedure adopted by the Court of Common Pleas of Lehigh County shall be cited as Lehigh Rules of Civil Procedure ("Leh.R.C.P.") Rule 52 Effective Dates of Rules. (a) A rule or amendment to a rule shall become effective upon the date specified by
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