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TABLE OF CONTENTSChapterPage1INTRODUCTIONBackgroundThis Guidebook1112Project EligibilityProposed Project Must Fit into One or More of theFive (5) Eligible Enhancement CategoriesProposed Project Must Relate to Surface TransportationProposed Project Must Benefit the Public Interest3311123Roles and Responsibilities of the Sponsor and ApplicantThe SponsorThe Applicant1313144Financing ProjectsGeneral InformationNon-Federal ShareMarchiselli ProgramMinimum and Maximum Enhancement FundsEnhancement Project Scope and FundingProject Progress ExpectationPrivate Property and FacilitiesUser Fees1515151616161718185Overview of Federal Aid Process196Project Selection ProcessProject Selection StepsProject Rating Criteria353537Appendix A TEP Coordinators45Appendix B Project ApplicationGeneral InstructionsInstructions for Application FormInstructions for AttachmentsProject Application Form4747474955

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Transportation Enhancement Program GuidebookRevisedJune 2013Prepared byNYSDOTCHAPTER1INTRODUCTIONBackgroundThe Transportation Enhancement Program was created by the Intermodal SurfaceTransportation Efficiency Act of 1991 (ISTEA), and continued in the Transportation Equity Actfor the 21st Century (TEA-21) and the Safe, Accountable, Flexible, Efficient TransportationEquity Act: A Legacy for Users (SAFETEA-LU).Through the Transportation Enhancement Program, Congress provided innovative opportunitiesto improve the transportation system through the implementation of a specific list of activitiesintended to benefit the traveling public, increase transportation choices and access, enhancethe built and natural environment, and provide a sense of place. Transportation enhancementactivities offer communities funding to expand transportation choices beyond traditional highwayprograms by making investments in such things as bicycle and pedestrian trails, streetscapeimprovements, scenic enhancements, and landscape beautification and in the process increaseaccessibility, safety and non-motorized transportation opportunities. Communities also may usetransportation enhancement funds to contribute to the revitalization of local and regionaleconomies.This GuidebookThis guidebook is designed to give Sponsors and applicants a general understanding of theTransportation Enhancement Program (TEP), how the New York State Department ofTransportation (NYSDOT) intends to administer this federal program and how prospectiveapplicants and Sponsors can participate.Prospective applicants and Sponsors are encouraged to read this guidebook, to becomefamiliar with program and federal requirements and to evaluate whether this program is right fortheir project. Keep in mind that funding availability does not mean this is the right program forevery project. All funded projects must advance in accordance with Federal and State laws,regulations and procedural requirements as this guidebook explains.The guidebook includes six (6) chapters and two (2) appendices:Chapter 1IntroductionReaders will be introduced to the Transportation Enhancement Program and this Guidebook.Chapter 2Project EligibilityProspective Sponsors and applicants will want to know whether a project is eligible for TEPfunds. Chapter 2 discusses the eligibility criteria.Chapter 3Roles and Responsibilities of the Sponsor and ApplicantThis chapter discusses roles and responsibilities of Sponsors and applicants of funded projects.1

Transportation Enhancement Program GuidebookRevisedJune 2013Prepared byNYSDOTChapter 4Financing ProjectsThis chapter discusses federal program rules regarding funding for the TransportationEnhancement Program. Chapter 4 includes key financial information.Chapter 5Overview of Federal Aid ProcessThis chapter describes in general terms procedures for progressing approved TEP projects. Iffunding for a proposed project is approved, NYSDOT will provide the project Sponsor andapplicant with specific guidance on the federal aid process throughout project development.Sponsors and applicants, however, should familiarize themselves with an overview of thefederal aid process prior applying for funding.Chapter 6Project Selection ProcessProjects are selected for funding through an open, competitive process. Readers will finddetails on the selection process and the criteria by which projects will be evaluated.Appendix A TEP CoordinatorsEach region of NYSDOT has a designated Transportation Enhancement Program Coordinatorwho is available to answer questions and to provide guidance to prospective Sponsors andapplicants. The coordinators and pertinent contact information are listed in Appendix A of thisGuidebook.Appendix B Project ApplicationThis appendix provides a blank project application form and instructions for completing theapplication.2

Transportation Enhancement Program GuidebookRevisedJune 2013Prepared byNYSDOTCHAPTER2PROJECT ELIGIBILITYThe types of activities eligible for funding within the Transportation Enhancement Programunder SAFETEA-LU are indicated below.To be eligible for funds in this current TEP application round the proposed project must:A. Fit into one or more of the five (5) applicable TEP eligibility categories.B. Relate to surface transportation.C. Benefit the public interest through the provision of public access and use.As part of the project application, the Sponsor must demonstrate how the proposed projectsatisfies each of these three eligibility requirements. The project will then be evaluated based onthe information contained in the application, and a final eligibility determination will be made.A.Proposed Project Must Fit into One or More of the Five (5) EligibleTEP CategoriesThe following is a list of the five (5) federally established eligible TEP categories on whichNYSDOT has chosen to focus the current TEP application round. The rationale for focusing onthese particular categories is that they are most directly in line with NYSDOT’s core mission andcompetencies which concern the construction, rehabilitation and enhancement of transportationfacilities.Applicable Federal TEP Eligibility Categories Provision of Facilities for Pedestrians and Bicycles.Scenic or Historic Highway Programs.Landscaping and Other Scenic Beautification (Including StreetscapeImprovements).Preservation of Abandoned Railway Corridors (Including Conversion and Usethereof for Pedestrian and Bicycle Trails).Environmental Mitigation to Address Water Pollution due to Highway Runoff orReduce Vehicle-Caused Wildlife Mortality while Maintaining Habitat Connectivity.A detailed description of all 5 of these categories, with examples, follows.To aid in determining eligibility, the description of each category is divided into four sections:3

Transportation Enhancement Program GuidebookRevisedJune 2013Prepared byNYSDOT Eligibility Principle provides clarifying information, beyond the category title, related tothe eligible activities.Guiding Questions for Eligibility and Viability is a list of questions which will guideSponsors and applicants concerning whether their proposed project is eligible for TEPfunds under the category. Sponsors and applicants should, to the greatest extentpossible, answer these guiding questions in the eligibility discussion to be provided inAttachment D of the project application.Examples of Eligible Activities provides an illustrative list of projects which meet theeligibility requirements of the category.Examples of Ineligible Activities provides an illustrative list of projects which do notmeet the eligibility requirements of the category.NOTES: TEP funds cannot be used for routine, incidental, maintenance or commercial activities.All projects using TEP funds must be in compliance with Americans with Disabilities Act(ADA). This law applies to all federal, state and local public facilities regardless offunding source.Federal Category 1: Provision of Facilities for Pedestrians and BicyclesEligibility Principle: A facility for pedestrians and bicycles must be consistent with the provisionsof federal law 23 USC 2171, which states: Transportation plans and projects shall provide due consideration for safety andcontiguous routes for bicyclists and pedestrians. Motorized vehicles cannot be permitted on trails and walkways except for: Maintenance purposes; Snowmobiles, when snow conditions and state or local regulations permit; Motorized wheelchairs; Electric bicycles, when state or local regulations permit. No bicycle project may be carried out unless it will be principally for transportation, ratherthan recreational, purposes.NYSDOT extends the same transportation-oriented requirement to pedestrian facilities.Recreational trails and motorized trails are eligible for funding under the Recreational TrailsProgram. The website for this program is: ils/default.aspxBicycle and pedestrian facilities may be located within or outside the highway boundary;however, public access must be guaranteed. Bicycle and pedestrian facilities must connectactivity centers such as businesses, schools, libraries, shopping areas, recreation areas, andresidential developments, and/or provide a link in a continuous system which connects to pagedetails.action?packageId USCODE-2011-title23&granuleId USCODE-2011title23-chap2-sec2174

Transportation Enhancement Program GuidebookRevisedJune 2013Prepared byNYSDOTGuiding Questions for Eligibility and Viability: How does the facility serve trips which could otherwise be made by motor vehicles? How does the facility enhance safety for pedestrians or bicyclists or fill a gap in apedestrian, bicycle or other non-motorized shared-use path or trail network? To what extent are the connecting locations (origin and destination) different anddistinct? What activity centers are connected or linked in a continuous system provided? How will the facility meet accessibility guidelines under the Americans with DisabilitiesAct?Examples of Eligible Activities: Construction or reconstruction of sidewalks, separate walking trails/paths, bike paths. Adding and/or improving bike lanes on existing roadways and related striping. Adding and/or improving road shoulders to accommodate bicycles. Widening curb lanes to accommodate bicycles. Installation of the following types of items at intermodal points and vehicular parkingfacilities: bike lockers, bike racks, parking facilities and shelters to accommodate bikes,etc.; and facilities to accommodate bikes on buses and trains. Traffic control devices for bicycles and pedestrians. High visibility crosswalks, pavement markings and signage. Trailside and trailhead facilities for shared-use paths. Bridges and underpasses for pedestrians and bicyclists on existing trails. Benches along a trail or path.Examples of Ineligible Activities: Construction of a running/jogging track (closed loop), mountain bike or similar recreationtrail or ice skating rink. Spot sidewalk or trail repair, unless incidental to the construction or reconstruction ofcontiguous segments of sidewalk or trails. Items considered for recreational or park users rather than transportation, such asgazebos, playground equipment, flagpoles, monuments, picnic facilities, binocularmachines, etc. Substitution of TEP funds for other types of federal-aid transportation funds on projectsadvanced by or through NYSDOT for work items listed under “Examples of EligibleActivities” above when such work items are already part of a highway construction orreconstruction project.Federal Category 4: Scenic or Historic Highway ProgramsEligibility Principle: The scenic or historic highway program must serve to protect and toenhance a federal- or State-designated scenic byway or a highway listed on, or eligible to belisted on, the National and/or State Register of Historic Places. TEP funds may be used only foractivities which will protect and enhance the scenic and historic integrity and visitor appreciationof an existing highway or adjacent area. When a TEP project is located on a federal- or Statedesignated scenic byway, then the activities eligible for funding are expanded to include allactivities fundable under the National Scenic Byways Program.5

Transportation Enhancement Program GuidebookRevisedJune 2013Prepared byNYSDOTThe project application must contain an independent confirmation that the highway possessesthe values described above. Such independent confirmation includes: Documentation that the highway is a federal or state-designated scenic byway.Documentation from the New York State Office of Parks, Recreation and HistoricPreservation (State Historic Preservation Office) that the highway is listed on, or iseligible for, listing on the National and/or State Register of Historic Places.A tourist facility or welcome center facility, whether new or existing, must serve travelers visitingone or more designated scenic or historic highways in the area. The term tourist facility orwelcome center includes highway turnouts, overlooks, viewing areas, designation signs andmarkers related to scenic or historic sites and roadwork necessary to accommodate the TEPproject, such as turn lanes.TEP funds cannot be used for highway rest areas, community centers or general welcomecenters which are not part of a scenic or historic highway program. Where a project Sponsorintends to combine uses (such as a highway welcome center using space in a communitycenter), TEP funds are limited to the share of the project which relates to the scenic or historichighway program. Examples of areas which would be eligible for enhancement funding include: A small area of office space for staff to operate the facility.Restrooms.A room for presentations and videos for touristsAn area or room for vending machines.Proposals for privately owned visitor centers must be reviewed by Federal HighwayAdministration (FHWA) on a case-by-case basis.Guiding Questions for Eligibility and Viability: What is the scenic or historic authenticity and integrity of the highway?How would these scenic or historic qualities be preserved and protected?What are the scope, purpose and goals of the scenic or historic highway program?How does the program or facility advance the implementation of the highway program toserve the traveling public?Is the project eligible for funding under the National Scenic Byways Program?Examples of Eligible Activities: Installation of interpretive plaques, signs, aesthetic guiderail and visually sensitive bridgerails. Restoration of historic highway-related features such as lighting, sidewalks, retainingwalls or historic markers. Construction of tourist and welcome centers related to scenic or historical sites. Development of scenic overlooks on State-designated scenic byways or national scenicbyways. Reforestation of slopes along a scenic/historic highway corridor. Development of corridor management plans on a State- or federal-designated scenicbyway.6

Transportation Enhancement Program GuidebookRevisedJune 2013Prepared byNYSDOT Access roadways and parking for a tourist or welcome center on a scenic or historichighway.Examples of Ineligible Activities: Ongoing administrative or operating expenses for scenic or historic highway programactivities, use of consultants to help administer the program or to conduct generalprogram training. Staffing, operating and maintenance costs for a tourist or welcome center. Highway rest areas or community centers which are not part of a scenic or historichighway program. Welcome centers which are not part of a scenic or historic highway program Privately or commercially used areas (including retail space) in an otherwise eligiblewelcome or visitor center (these areas must have private funding).Federal Category 5: Landscaping and Other Scenic Beautification (Including StreetscapeImprovements)Eligibility Principle: A streetscape, landscaping or scenic beautification project must enhance theaesthetic or ecological resources along a highway, other transportation corridor (railway, bikepath, sidewalk, etc.), points of access and/or land qualifying for another TEP category (e.g.,plantings around a visitor center). The project may include plantings, vegetation management(including removing invasive plants and re-vegetation with native or adaptive plants), restorationof a historic landscape or other landscaping which respects the natural heritage and regionalcharacter. Projects which fall within the boundaries of a historic district must be reviewed byNew York State Office of Parks, Recreation and Historic Preservation (SHPO) during projectdevelopment.TEP funds cannot be used for routine, incidental or maintenance activities but can be used tofund the planning, design and construction phases of a landscaping or beautification project.Guiding Questions for Eligibility and Viability: How does the project enhance the landscape for the traveling public? How would the project offer the traveling public a pleasing and memorable visualexperience? How would the natural and built elements work in harmony to enhance the natural,aesthetic or visual character of a site, corridor or community along a surfacetransportation facility and demonstrate sensitivity to the integrity of the place andcontext? What best practices does the project use for vegetation management (such as usingnative plants and removing invasive species)? What best practices or innovative designs does the project use for built elements? What impact does the project have on transportation safety?Examples of Eligible Activities: Linear highway landscaping, landscaping at interchanges, noise barriers, bridge ends,etc., and landscaping incidental to work under other eligible TEP categories. The reintroduction of native or endangered plants or trees7

Transportation Enhancement Program GuidebookRevisedJune 2013Prepared byNYSDOT Streetscape projects, including lighting, historic sidewalk pavers, benches, plantingcontainers, decorative walls and walkways, decorative or gateway signs, public art,historical markers, etc.Landscaping along bike/pedestrian paths which serve a transportation function.Examples of Ineligible Activities: Routine maintenance activities such as grass cutting, tree pruning or removal, erosioncontrol, annual plantings, etc. Construction of noise barriers or drainage improvements.Federal Category 8: Preservation of Abandoned Railway Corridors (Including theConversion and Use thereof for Pedestrian or Bicycle Trails)Eligibility Principle: A project for preservation of an abandoned railway corridor must preserveand protect a railway corridor. It may allow trail use on or along the corridor consistent with theprovisions of federal law 23 USC 217, as described in Category 1, Provisions of Facilities forPedestrians and Bicycles.The purpose of this category is to preserve abandoned railway corridors for public use, includingbicycle and pedestrian use. This category permits the development and rehabilitation ofprivately owned rail corridors which are open to the general public without charge. Theacquisition of right-of-way may be a stand-alone project; however, there must be a plannedfuture public trail use.Vehicular parking is an eligible item in cases: 1) where other parking of any kind is not availablein the vicinity at crossroads where a safety hazard would otherwise be created; 2) where accessis anticipated to be needed at high-demand trail access points, such as where a trail beginsnear or passes through a downtown or large residential area. At crossroads, the intention is toprovide parking areas or "pull-offs" where ad hoc parking on narrow shoulders would create asafety hazard.If the railroad corridor or portions of the corridor have been rail-banked under federal law 16USC 1247(d)2, there must be an agreement stating that the corridor is subject to restoration orreconstruction for railroad purposes. There must be an agreement specifying repaymentprovisions if the restoration for railroad purposes takes place before the end of the economic oruseful life of the project.Guiding Questions for Eligibility and Viability: Who is the current owner of the railway corridor property or parcels? Who is the proposed owner of the railway corridor/parcels if property acquisition isinvolved? What easements or deed restrictions are in effect? Do they include any reversionaryrights? Will there be an agreement to preserve and to protect the corridor? If the corridor is on a revocable easement, are there provisions to pay a pro-rata share ofTEP tle16/pdf/USCODE-2011-title16-chap27-sec1247.pdf8

Transportation Enhancement Program GuidebookRevisedJune 2013Prepared byNYSDOT If a railroad corridor has been rail-banked under 16 USC 1247(d), is there an agreementthat the corridor is subject to restoration or reconstruction for railroad purposes in thefuture?How does the facility enhance safety for pedestrians or bicyclists, especially atintersections with other surface transportation facilities?How does the facility meet the accessibility guidelines under the Americans withDisabilities Act?How would the Sponsor manage existing and native vegetation within the corridor?Examples of Eligible Activities: Activities related to preservation of the abandoned railway corridor. Acquisition of railroad rights of way including title search, appraisals, etc. Purchase or lease of land needed for eligible ancillary facilities. Architectural and engineering costs. Development and construction costs, i.e., surface preparation, paving, signs, lighting,barricades, interpretive or informative displays, trailside and trailhead facilities, andparking. Amenities such as restrooms and picnic tables are permitted when incidental toa transportation purpose. Pullout areas immediately adjacent to the trail to view scenic or historic vistas.Examples of Ineligible Activities: Projects not located within an abandoned railroad right of way. Preservation of an abandoned rail corridor strictly for future use as an active rail line orhighway.Federal Category 11: Environmental Mitigation to Address Water Pollution due toHighway Runoff or to Reduce Vehicle-Caused Wildlife Mortality while Maintaining HabitatConnectivityEligibility Principle: The environmental mitigation project must reduce the impacts of waterpollution due to highway runoff or must reduce vehicle-caused wildlife mortality whilemaintaining habitat connectivity. The project cannot substitute for environmental mitigationnormally required under the National Environmental Policy Act (NEPA) and other regulations forfederal aid projects.Wildlife mortality reduction projects should interconnect large areas where there are significantnumbers of identified wildlife losses, especially losses of protected, threatened and/orendangered species on an official state or federal designation list. The intention is to providefacilities described in the examples below, mainly in areas where significant numbers of wildliferoad crossings occur and where mortality has been evidenced and documented or canreasonably be expected.Guiding Questions for Eligibility and Viability: What impact would the project have on transportation safety? What long-term benefits are expected for the natural resources? What performancemeasures and/or evaluation methods will help determine if the project is successful?9

Transportation Enhancement Program GuidebookRevisedJune 2013Prepared byNYSDOTWater pollution due to highway runoff: What is the source of the water pollution? How would the project address the source? What pollutants are in the water? How would the project intercept pollutants or providefor pollution storage or abatement functions? How would the project benefit water quality? What vegetation management strategies would be used to improve highway runoff waterquality?Wildlife protection and habitat connectivity: How would the project reduce vehicle-caused wildlife mortality? What kinds of wildlifewould benefit? How would the project maintain, improve or restore habitat connectivity? How would the project benefit animal habitats? What vegetation management strategies would be used to reduce vehicle-causedwildlife mortality or to enhance habitat connectivity?Examples of Eligible Activities: For existing highway runoff: Soil erosion controls, (such as stabilizing plantings, rip rapand velocity attenuators) detention and sediment basins and river cleanups. Construction of wildlife underpasses, wall openings or culverts in critical locations whichcan be demonstrated to facilitate wildlife crossings (including fencing installation). Construction of wildlife shelves under structures crossing streams. Monitoring and data collection on habitat fragmentation and vehicle-related wildlifemortality related to a facility installed with TEP funding. Development of new or expanded habitat for mitigation where measures to reducemortality are considered unfeasible due to extraordinary cost or environmental impact. Creation of wetland(s), addition of vegetated ditches, detention basins or otherpermanent filtering systems to filter highway runoff to a sensitive area. Planning, design and construction of mitigation facilities. Installation of drainage facilities to restore original drainage patterns to wetlandsdegraded by highway excavation and fill. Installation of a berm or closed drainage near drinking water wells to prevent saltintrusion. Permanent erosion control measures where silt buildup is occurring in sensitivereceiving water bodies, such as stabilizing plantings, rip rap and velocity attenuators.Examples of Ineligible Activities: Installation of fencing along roadways with no known or documented evidence of wildlifecrossings which are experiencing significant rates of vehicle-related mortality. Installation of mitigating facilities where there are no receiving sensitive receptors, i.e.,residents or ecological habitat which have evidenced potential harmful effects of waterpollution from highway runoff. Installation of any facility, such as a detention basin, for which the sponsoring agencyhas not identified operating funds to perform required maintenance. Cleanup activities, such as silt removal, without permanently fixing the drainage patternswhich caused the excess silt.10

Transportation Enhancement Program GuidebookRevisedJune 2013Prepared byNYSDOTB.Proposed Project Must Relate to Surface TransportationEach project must relate to surface transportation. This is a basic requirement which proposedprojects must meet to be eligible for TEP funding. The Sponsor and/or applicant mustdemonstrate how the proposed project relates to surface transportation in Attachment E of theproject application. Projects which meet minimum eligibility requirements will then compete foravailable funds based on merit. Projects with a stronger relationship to surface transportationwill have a greater chance of being funded than projects with a weaker relationship.For purposes of this TEP application round, surface transportation will include the followingmodes: highway, transit/train, and bicycle and pedestrian. Excluded modes are aviation,waterborne and military. The project Sponsor and/or applicant, at a minimum, must use thefactors listed below and answer the questions which follow to explain clearly the relationship tosurface transportation in Attachment E of the project application. Some factors which may helpestablish the surface transportation relationship include: Whether the facility serves a current or past transportation purpose;Whether the project enhances the aesthetic, cultural or historic aspects of the travelexperience; andThe project’s proximity to the intermodal transportation system (i.e., highway or apedestrian/bicycle corridor).The pertinence of any factor may vary with a particular project and with each of the eligibleactivities. Specific documentation of the enhanced aesthetic, cultural or historic aspects of thetravel experience must be included in the project application to establish the surfacetransportation relationship. Proximity to a highway or other transportation facility alone is notsufficient to establish a relationship to surface transportation; additional discussion beyondproximity and appropriate documentation are needed in the project application to establish therelationship to surface transportation.The project Sponsor also must address a number of typical questions about the proposedproject, including but not necessarily limited to the following: In what way is the project related to surface transportation through present or past useas a transportation resource?Is there a direct connection to a person or event nationally significant in the developmentof surface transportation?What is the extent of the relationship(s) to surface transportation?What groups and individuals are affected by the relationship(s)? When did therelationship(s) start and end or do the relationship(s) continue?Is the relationship substantial enough to justify the investment of transportation funds?Note where a proposed TEP activity involves acquisition for scenic preservation purposes, andwhere the activity proposes to contribute to the visual experience of the traveler but is asubstantial distance away from a highway or other transportation facility, the activity must bedetermined to make a substantial contribution to the scenic viewshed.11

Transportation Enhancement Program GuidebookRevisedJune 2013Prepared byNYSDOTC. Proposed Project Must Benefit the Public InterestTransportation Enhancement Program funds are public funds and must benefit the publicinterest. Activities funded under TEP must grant access and use to the general public or betargeted at a broad segment of the general

THIS PAGE INTENTIONALLY LEFT BLANK . TABLE OF CONTENTS Chapter Page 1 INTRODUCTION 1 Background 1 This Guidebook 1 2 Project Eligibility 3 Proposed Project Must Fit into One or More of the Five (5) Eligible Enhancement Categories 3 Proposed Project Must Relate to Surface Transportation 11 Proposed Project Must Benefit the Public Interest 12 .

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