The Livable, Walkable, Bikeable Delaware Charade

Is Delaware protecting the natural environment? Are elected and appointed officials retrofitting the suburbs for walkability/bikeability and bringing place-making to the building and re-development of retail strips and malls? Are they providing nearby regional park access and connections for all its residents? For the privileged class living in regions such as Newark proper, Old New Castle, Pike Creek and N. Wilmington, those polled might say "yes" -- at least to some degree. For most folks who live in the vastness of Delaware's nameless faceless unincorporated suburbs, the answer is a resounding no.

Unless you live in one of these privileged regions, it could be argued that the State is going in reverse, backwards, doing the opposite. Virtually everything we see involves the wholesale destruction of the environment; suburban sprawl, loss of our last remaining green spaces, paving of wetlands and critical habit areas, and overwhelming favor lavished on automobiles as opposed to walking and biking. Despite years of talk to the contrary, New Castle County in particular remains a large, dense, disconnected auto-centric nightmare pocked with housing developments built far and away from local services, commerce, and employment centers. These require cars and driving for all of these needs, in direct contempt of climate mitigation, staggering obesity rates, disconnected family and social life, and a host of other socio-economic ills.

Below, in no particular order, is a sampling of initiatives and/or organizations found on-line, that most Delawareans do not benefit from, or even know about. Their built environment has not outwardly changed for the better, and in most cases, probably for the worse -- while any remaining "naturehood" dwindles or disappears altogether:

Livable Delaware
Direct investment and future development to existing communities, urban concentrations, and growth areas. Protect important farmlands and critical natural resource areas. Encourage redevelopment and improve the livability of existing communities and urban areas, and guide new employment into underutilized commercial and industrial sites. Protect the state’s water supplies, open spaces, farmlands and communities. Promote mobility for people and goods through a balanced system of transportation options. Provide an opportunity to promote sustainability of our economic and ecological growth and will maintain and enhance the qualities that make Delaware a unique place to live;

Blueprint for a Bicycle-Friendly Delaware
Developed through a participatory planning process, the Plan provides a framework that will inform policies and investment strategies for promoting bicycling as a safe mode of transportation in Delaware. The Blueprint envisions a more integrated approach to local land use and transportation planning.

Delaware Sierra Club
According to their website: "The Sierra Club dates back to 1892 and is the oldest and largest environmental advocacy organization in North America. Our mission is to explore, enjoy, and protect the planet. For more than 45 years, the Delaware Chapter has blazed trails to protect the environment and to provide opportunities to enjoy and explore the natural beauty of our state". NOTE: Delaware Sierra Club, Audubon, and others place corporatism before grassroots and did not support the STOP (Save the Orphanage Property) campaign to save critical habitat, wetlands and open space ideal for a regional park in Ogletown -- the last chance of its kind.

WILMAPCO (and other DE MPOs)
The Wilmington Area Planning Council is the regional transportation planning agency for New Castle County, Delaware and Cecil County, Maryland. As the federally designated Metropolitan Planning Organization (MPO), WILMAPCO is charged with planning and coordinating transportation investments for the region based on federal policy, local input, technical analysis, and best practices. NOTE: Despite assisting with the East Coast Greenway (ECG) planning and design, this org fails to oversee improvements to the facility, often times a once in decades opportunity.

Delaware Complete Communities and Summit
The Delaware Complete Communities Planning Toolbox aims to help build local government capacity to develop complete-communities planning approaches, community-design tools,
and public engagement strategies.

Bike Delaware
An org that claims a mission of "making cycling and walking safe, convenient and fun in Delaware", yet their record speaks otherwise. The evidence shows that they are a fraudulent "Advocacy" organization that will not support reforms, including a bill proposal to update the traffic code in the interest of pedestrian (and thus bicycle pathway) safety. They have never once advocated for open space and/or to ensure all Delawareans have regional park and thus biking/walking/jogging pathway access. "Bike Delaware" lobbies for reforms with priority on new housing developments only, e.g. helping builders achieve density waivers with the promise of TOD design concepts.

Delaware Trails & Pathways Initiative
The goal is to create an interconnected network of shared-use trails and pathways that will support non-motorized travel and recreation opportunities for Delawareans and visitors. The focus is on bicycling and walking and providing safe and convenient ways to reach local work, shops, schools, recreational sites and transit.

Complete Streets in Delaware
Complete streets are planned, designed, built, and maintained to safely accommodate travelers of all ages and abilities. While the majority (89%) of Delaware’s roadways are owned and maintained by the Delaware Department of Transportation (DelDOT), local government officials and “citizen planners” may wish to visualize how to balance the needs of all roadway users and transform existing roadways to complete streets. NOTE: Unfortunately, the vast majority of "Complete Streets" improvements have come in the form of "Stroads" or fitting bike lanes and/or sidewalks along arterial roads ad highways. Adjacent to 50-70 mph traffic, these appear all but abandoned given the inherent danger of distracted and aggressive driving. These are also ignored during roadway improvement projects and upgrades.

Delaware Greenways
According to their website: "We envision a State where trails, pathways and scenic corridors connect everyone to where they want to go, empowering them to live healthier lives as they discover and enjoy the outdoors. Delaware Greenways advocates for the development of trails and byways. These pathways link and build communities while winding through some of the most beautiful scenery in Delaware. Through our work on trails and pathways, we inspire people to engage in an active lifestyle". NOTE: Delaware Greenways lack of advocacy and oversight beyond privileged regions is lacking, at best.

Delaware Safe Routes to School Program
Safe Routes to School programs makes it safe, convenient and fun for children to walk or bicycle to school. Elementary and middle schools can receive funding through Delaware Safe Routes To School Program.

Walkable Community Workshops
Walkable neighborhoods and communities are vibrant and livable places that give their residents safe and active transportation choices. Increased walkability helps to improve safety, physical fitness and social interaction, and enhances overall quality of life.

Creating a Livable Delaware Conference
“Creating a Livable Delaware: Pathways for Enhancing Prosperity and Quality of Life". Aims to direct growth to areas that are best prepared, preserve farmland and open space, promote redevelopment, facilitate affordable housing and limit sprawl.

Walkable Bikeable Delaware Summit
The Summit will feature America’s leading engineering experts on cycling who will be in Delaware for only one day! From these pro-cycling, problem-solving engineers we will learn about practical and cost-effective solutions that can make cycling safe, convenient, comfortable and fun for people of all ages and abilities in our communities.

Sadly, combined with the cheapest gas in history, none of the above have reduced auto-dependency, emissions, obesity, disconnected social and family life, and a host of other socio-economic problems in Delaware. And, without a holistic approach from Advocates along with bold govt leadership, that will never change. The vast majority of the State's built environment consists of unincorporated and disconnected suburbs full of junk architecture, where some opportunities for improvement do exist but are few and far between. When they do come up, advocates and officials need to ACT. But they don't.

Delaware is the 4th most corrupt state in the nation, behind only Wyoming, Michigan, and S. Dakota. It consistently ranks as one of the top 5 most dangerous States to be a pedestrian, and active modes like bicycling and walking are flat or in decline. Only in Delaware is the State's so-called bike-ped "advocacy" org beholden to those responsible, and thus hastening and not helping the problem. "We" are a State where elected government is 100% committed to developer and business interests to the exclusion of all else, and whose only function is to funnel profits upward to the corporate elite and those who do their bidding. Unfortunately, none of this is going to change until resource scarcity and/or climate apocalypse takes root, and forces their hand.

Where is Bike Delaware on these top 5 action items?

One of numerous "goat paths" in New Castle County. Without the State's

advocacy org working with DelDOT on pathway connections between
neighborhoods and commerce, foot traffic will make their own.

A frequent question we receive at 1st State Bikes is this: What exactly is Bike Delaware doing in the interest of bicycle & pedestrian safety? What are they actually doing to advocate for local access to pathways, connectors, and regional parks in order that folks can stay out of harms way -- not just for bike/ped transportation but for recreation as well? They did advocate for some local spur trails to connect a few high profile projects, such as the Jack Markell Trail in New Castle. Beyond that, it is very difficult to quantify any efforts they are making. There is virtually no organizational transparency, nothing to the effect on their web platforms, and countless opportunities have come and gone without their support or involvement. If anything, they have a history of undermining the advocacy efforts of others, that could have brought sweeping reforms e.g. the updating of the vehicle code for pedestrians.

In no particular order, here are 5 badly needed action items that Bike Delaware -- along with State and County legislators -- could and SHOULD be working on right now:

Update Delaware's vehicle code for modern times, commensurate with other progressive States

Delaware consistently ranks in the top 5 most deadly States to walk in, even taking #1 just a few years ago. An overhaul (pdf) of Delaware's vehicle code for walking was completed 4 years ago in bill form. The draft "Pedestrian Bill" was modeled after other progressive States such as WA, MA, OR, etc. It brought Delaware's code up to date with our built environment and modern times. As it stands now, Delaware's code is overwhelmingly car-centric, placing the onus squarely on pedestrians not to get killed. It actually requires a person to be in a crosswalk before a yield is legally required, whereas other States require simple intent to cross. In other words, you could stand at the curb waiting for all eternity, because motorists are legally permitted to continue (at speed) through crosswalks unless you physically place your body out there - in harms way.

Other issues with Delaware's current pedestrian code include dispensation for soliciting just prior to Father's Day which has no relevance today. Meanwhile, the State's death and injury rate -- consistently ranking top 5 per-capita in the U.S. -- continues unabated. The legal system targets pedestrians, holding motorists blameless in virtually every case. Routine patterns such as smart phone use, speeding, and aggressive driving are never cited, though most drivers engage in it. Updating the language would be a monumental step in the right direction, helping to provide a sensible basis for education and enforcement and to give pedestrians the confidence they need to use proper facilities where available. (NOTE: Bike Delaware actually quashed Advocate's attempts at a bill to update the vehicle code to increase safety and priority of pedestrian travel. You can view the updated code in pdf here).

Fight that everyone has local access to their own regional park(s)

According to Nemours and the CDC: Comprehensive recommendations for reducing the prevalence of obesity identified improving access to outdoor recreational facilities as a key strategy for creating safe communities that support physical activity. A comprehensive review of more than 100 studies supports the CDC’s recommendation. The review found that time spent outdoors and access to recreation facilities and programs near their homes correlated positively with increased physical activity among children and adolescents. Additionally, the economic benefits are critical to community health and wellbeing.

In the corrupt defeat of regional park Advocates in Ogletown-S. Newark, losing the last significant open space on the entire Rt.4 corridor suitable for such a purpose had serious implications for biking in the region. Gone forever is a bicycle-friendly destination, key trails and/or pathways connections between several existing developments, local place-making and an enhanced quality of life. Now being paved over with hundreds of unneeded homes, thousands of residents are forever condemned to racking up and driving their bikes (or sneakers, if walking or running) 15-20 minutes, either to Glasgow or Pike Creek if they wish to enjoy such a facility. This contradicts Gov Ruth Ann Minner's Livable DE and Bike Delaware's Trails & Pathways initiatives, among others. (NOTE: Bike Delaware is not on record anywhere, at any time (since their incorporation) as having supported open space acquisition and preservation. If anything, the record shows that they prioritize development, even when an entire region will lose its last park opportunity forever).

Advocate for a "20 IS PLENTY" campaign or similar

One of the most popular advocacy campaigns in the world is 20 Is Plenty. Without question, Bike Delaware should be at the forefront and leading this effort for their State. We asked Senator John "Jack" Walsh (D: Dist 9) to explore the possibility of such a campaign based on chronic speeding in Harmony Woods in Ogletown. DelDOT is unwilling to implement speed humps due to flawed and/or inadequate speed study data using the 85th Percentile. Then the legislators cite constant demand (i.e. "everybody wants speed bumps") as a further problem. We received the following reply from Mr Walsh:

We have completed an initial review with DelDOT and received a relative cost estimate that would be necessary if we were to change the residential speed limit from 25 MPH to 20 MPH statewide. The estimate ranges from approximately $550,000 to $1.1M for the installation of 2 signs per development since we maintain 1,501 developments statewide. This type of effort would involve fabrication and installation of over 3,000 signs at a minimum. However, the estimate doesn’t account for 1) developments that have multiple access points or speed limit signs (some developments have as many as 4-5 access points, if not more). 2) Speed limit signs co-posted with radar speed signs within developments. 3) Roads within municipalities that are state or locally maintained, such as Wilmington, Newark, Dover, Rehoboth, Lewes, etc. We have also discussed these bills with our colleagues, and we will continue to do so over the next few months. For the reasons listed above, however, we are not confident that we would be able to move legislation you proposed forward at this time.

Demand min 8' wide asphalt bike paths instead of sidewalks where shoulder bike lanes do not exist

There are numerous projects (or potential projects) all around Delaware that present clear opportunities for dedicated bicycling infrastructure, adjacent to or outside the lanes of traffic. Of crucial importance is when there is no shoulder bike lane on a given road, and access can only be had by taking and controlling the lane of traffic -- often times at freeway speeds. An infamous example is SR72 (S. Chapel Street) that many bicyclists use as a bike path connection between Newark, S. Newark, Bear, and points south. Advocates fought for 17 long years to upgrade the deteriorated 6' of asphalt sidepath to a more formal 8' shared use or "cycle track" facility. DelDOT finally agreed to "rehab" the existing facility using the same failed design standards used in the 1980s when it was first built.

The Marrows Rd to Library Ave/SR72 phase of Newark's "Main Street Improvements" project is another example. Ironic that nobody -- not even WILMAPCO made a strong case (if any) that bicyclists cannot safely access buildings along this stretch, in particular the post office. But most disturbing was the absence of Bike Delaware, that they didn't care to address this gross deficiency with DelDOT during the planning of this project or at any time before construction began. Here was a prime opportunity to include bicycle access in the form of, e.g. an 8' asphalt sidepath or shared use facility instead of the lane with cars or a narrow sidewalk. Yet they didn't even publicize the project notification for this critical aspect, never mind the project itself (and this). Wilmapco was content to leave it in their Newark Bicycle Plan as something for "future study". It will now be 15-20 more years before another rehab/reconstruction opportunity might present itself.

Reform County Codes to better facilitate bicycling

While New Castle County does mandate bicycle parking with new construction, the most glaring deficiency in their Unified Development Code (UDC) involves the retrofitting or reconstruction of existing structures. Essentially, a building and its property is only bound by rules set forth on the day of its first recorded plan; more recent requirements -- including bicycle parking -- can be disqualified, unless the project expands the building by least 1,000 square feet.

In NCC, for an existing structure, multi-modal access and improvements are put squarely in the hands of the business or property owner. They can omit said access in favor of dozens of other choices, as long as it meets this "400% improvement" matrix, however that's determined. And the problem isn't just limited to reconstruction; missing code requirements are sometimes found on brand new buildings.

In short, this represents a major opportunity for Bike Delaware to advocate for change, by asking for bicycle facilities to be a required feature in all construction types. They should also spearhead a call or write-in campaign to encourage and assist bicyclists in their own efforts to attain bicycle parking or access where it is needed most, e.g. shopping malls and strips.

Also of note: NCC continues to use motor vehicle barrier types that include hanging chains or cables. These force bicyclists -- that are permitted -- into an inconvenient detour situation, which can be very dangerous. When it comes to keeping out cars, appropriately spaced bollards (one removable) perform the exact same function as a gate, yet allow non-motorized users to pass through safely as if nothing was there.

Summary: Though certainly not alone in this, Delaware's built environment is a microcosm of the death and carnage now accepted as "normal" in the U.S. -- normal by placing motor vehicle traffic at human scale. Currently, Delaware ranks as the #1 most deadly State for bicycling. The above five advocacy goals are just a few of the many outlined on this website over the last 7 years that could help turn things aground. As the self-proclaimed #1 bicycling and walking advocacy org for the State, it is incumbent upon Bike Delaware to act and to advocate for the best possible retrofits and improvements in THIS built environment, in all contexts. In other words, advocate to fix what we already have. Unfortunately, Bike Delaware's main focus is walkable-bikeable design with NEW housing developments and increasing builder's profit margins. Unless this changes, walking and bicycling as "safe, convenient and fun" will continue to flat line or even decline in Delaware.

Senator Jack Walsh obtains quotes for "20 is Plenty" in Delaware

Dear Senator Walsh,

In researching problems of speeding on neighborhood streets, there are Cities and States around the country that have come up with non-infrastructural solutions that quantifiably reduce speed. These involve flexibility in lowering speed limits by 5 (via unique signage and/or a campaign), or more effectively enforcing existing ones with better or more pronounced signage. Please review the following two PDFs of bills that were passed in 2 States: Washington and Oregon.

It has become clear that "everyone wants speed bumps"; that is the immediate answer anytime when asked for at a meeting. If so, then we have a serious problem in DE with speeding in residential areas. If a vocal resident is one of the lucky ones, the State sets out to measure 85th percentile, then they may issue a warrant if it exceeds 5 mph. Apparently, these asks are frequent, and costs high for installing speed bumps. And many are rejected even if there is a demonstrable speeding problem as in the case of Medley Drive.

As your constituent, would you consider writing a bill, perhaps combining the best of the two above, gather some co-sponsors and bring it to the floor for a vote? It may be tabled, or not pass the first time, but after repeated attempts, it might. Then, DelDOT would be free to try other calming means, e.g. signage, that is far less expensive than speed bumps, and could save lots of money and asphalt. We will attach a couple examples of such signs.

As an annual top-5 most deadly State in the U.S. for walking, we ask that you (and/or your Colleague Rep Bentz) consider writing and introducing such a bill, and if you will not, please explain why. Here is some additional reading on the subject (here and here).

Thank you very much, and we look forward to your reply.

Frank Warnock & Angela Connolly
www.ogletownresilience.org
---

Senator Jack Walsh responds:

Good Afternoon Mr. Warnock,

Thanks again for sending us those bills. We have completed an initial review with DelDOT and received a relative cost estimate that would be necessary if we were to change the residential speed limit from 25 MPH to 20 MPH statewide. The estimate ranges from approximately $550,000 to $1.1M for the installation of 2 signs per development since we maintain 1,501 developments statewide. This type of effort would involve fabrication and installation of over 3,000 signs at a minimum. However, the estimate doesn’t account for:

• Developments that have multiple access points or speed limit signs (some developments have as many as 4-5 access points, if not more).
• Speed limit signs co-posted with radar speed signs within developments.
• Roads within municipalities that are state or locally maintained, such as Wilmington, Newark, Dover, Rehoboth, Lewes, etc.

We have also discussed these bills with our colleagues, and we will continue to do so over the next few months. For the reasons listed above, however, we are not confident that we would be able to move legislation you proposed forward at this time.

However, we have asked for an estimate for a radar signs to be installed on Medley Dr. This will show drivers how fast they are going along with displaying the speed limit. We will review once receiving the estimate.

Have a nice day,

Jack J Walsh
State Senator 9th District
O: 302-744-4163
C: 302-660-6295

Editors note: Why isn't Bike Delaware working on this? Unfortunately, their record suggests they won't, given other priorities.

In matters of transparency, Bike Delaware is a joke

It's critical that donors to a non-profit know exactly

where and what their money is going toward.

"Secrecy is one of the shadier sides of private and public life"  ~Ian Hacking

Bike Delaware falls far short compared to other similar orgs when it comes to the activities they are engaged in, particularly those of their Exec Director who has been confirmed as a lobbyist for land-use matters (favoring developers) at the County level. It appears that their startup documents and a Form-990EZ is Bike Delaware's only known record-keeping and reporting.

To learn how an advocacy organization should go about its business, click on the images below from neighboring Bike Maryland, which takes matters of transparency very seriously. On their home page, note the newsletter subscription, as well as an up to date blog of current events and action alerts. Their website is also fully searchable, so folks can readily investigate what the organization is up to and grab at opportunities to get involved at every level.

Other Neighbors (in pdf format):
Bike Pittsburgh 2017 Annual Report and Strategic Plan 2016-2019.
Bicycle Coalition of Greater Philadelphia Annual Report FY2018.

Is WCBC's sponsorship of Bike Delaware a conflict of interest?

Does the White Clay Bicycle Club (WCBC) care if their generous annual donations are used in lobbying efforts to dismantle development codes, zoning rules, and open space requirements? To promote density waivers, and other pro-development initiatives? Are their members aware that by supporting what is purported to be a "non-political" 501(c)3 organization, they may be supporting the loss of green space, decimation of wildlife/biodiversity, hastening of climate change, and increases in traffic congestion and stress on the very roads they ride on?

This may be the case with WCBC's generous annual financial support of Bike Delaware. In addition to a vocally pro-development Executive Director James Wilson, at least two of Bike Delaware's Executive Board members have ties to the building industry. SB-130, first opposed by the New Castle County Civic League, was widely recognized among advocates as a developer windfall. Since then, similar legislation has been introduced and passed. Recently, NCC Council largely dismantled traffic impact requirements in the approval of even major building/land use projects in much the same context as Bike DE's SB-130.

Because they are a top sponsor, WCBC should be asking the tough questions, and holding Bike Delaware to the highest standards of accountability and transparency. This goes well beyond their Form 990; it needs to include detailed lobbying reports (beyond this), meeting minutes, and donor lists. As the 4th most corrupt State in the nation, Delaware has no County-level mechanism for tracking lobbyist interactions over specific Council legislation unlike the State, which maintains a reporting system for all lobbying on bills and is overseen by the Public Integrity Commission.

We raised these concerns with WCBC's President John Haupt on June 27, asking whether or not pro-development/anti-open space lobbying fits his org's mission, and if they do demand transparency from Bike Delaware. If the document(s) are there to prove it, his org should present this (or make it available to) their membership. Contrary to similar organizations, nothing except Bike Delaware's Form 1023-EZ and 2019 Form 990 is made available on the Internet.

It's also noted that WCBC's Haupt has a land-use connection as an Associate Vice President & Manager with a major land surveying company. While that may or may not directly implicate him given everything above, it is fair to ask for WCBC's position on open space, the environment, and road safety and education. It directly relates to what his organization endeavors to provide for their sanctioned rides and events, in terms of more rural and scenic roads with fewer cars. Historically, WCBC has also supported the 6 Es of bicycling advocacy, few of which Bike Delaware actively pursues in the built environment.

Summary: WCBC has claimed to be a "non-profit" since the early 1970s, but the club cannot be found in any search of the IRS's "Tax Exempt Organization" database. They raise significant funds (possibly up to half of their income) from non-members -- mainly in the form of event fees -- and donate said funds to Bike Delaware, another non-profit that lacks transparency (no newsletter, no annual report, no annual meeting, no posted meeting minutes, no website search tool, etc) and engages in lobbying activities for pro-building and development causes.

WCBC is one of Bike Delaware's top sponsors, and as the largest recreational bicycling club in the State, that makes them responsible for transparency and accountability for monies donated. Its President and Executive Board owes it to those who pay dues, event fees (non-members included) and other monies into the organization, believing it has their best interests at heart. WCBC needs to demand detailed transparency from Bike Delaware before handing over thousands of dollars in member dues and event fees on an annual basis.

Is Bike Delaware a Tool of Developer Interests? (Updated: 9/28/2019)

8 things to consider if you support Bike Delaware and believe in their mission and vision.

SB-130, Enterprise Districts

• One of Bike Delaware's top legislation pieces centers around land use. At the core is SB-130 Transit Oriented Development (TOD) Districts, which promotes large, high density mixed use developments. Selling them as multi-modal wins New Castle County Council's support to relax vehicle level of service (LOS) requirements, and put such development on the fast track. Only recently, NCC Council largely dismantled traffic impact requirements in the approval of even major building/land use projects in much the same context as Bike Delaware's SB-130.

Lobbying efforts (infrastructure)

• Lobbies almost exclusively for high profile trails and pathways projects. These benefit developers by increasing surrounding property values, and ultimately, it becomes a selling point for homes clustered nearby. Lobbying also focuses on high density housing developments, under the guise of "transit oriented developments" (aka TODs). These include land use meetings with developers and NCC Council members, more recently with the loss of the Brandywine Country Club and open space.

Dissing and undermining of on-road bicycling safety efforts

• Ignoring efforts at road bicycling education and infrastructure. Any pragmatist would agree that we need to FIX what we already have -- before heaping on more development. This would rightfully suggest that we can and should retrofit the built environment -- FIRST. Instead, Bike Delaware advocates for multi-modalism with new housing developments only, giving these a higher likelihood of density waivers and project approval (tip: doesn't work when surrounded by auto-dependent suburbs).

A project to "upgrade" the S. College Ave (SR896)
overpass at I95 has had workshops with no reported

involvement from Bike Delaware. Such a project could
include a separated bicycle facility making an in-
valuable connection between Newark and Glasgow.

Never attends DelDOT workshops

• Unless high profile as mentioned above, Bike Delaware has little known presence rallying around (much less attending) individual DelDOT reconstruction and/or pave & rehab project workshops. Projects usually include sidewalks and/or shared-use shoulders, with clear opportunities for upgrades to (e.g.) cycle tracks and/or protected bike lanes. An organization whose mission it is to build complete bicycling networks suitable for everyone would have a major presence (or at least a call to action) with each and every project, regardless of size and scope. Instead, we have roads, sidewalks and intersections routinely rehabbled and/or reconstructed using the same bad engineering practices instead of, for example, installing 8' wide asphalt multi-modal pathways. It should also be noted that Bike Delaware quashed any notion of revamping the State's badly antiquated anti-Pedestrian language in the vehicle code.

Developer-friendly Staff and Board of Directors

• In addition to their developer-friendly Executive Director, at least two of Bike DE's board members have ties to the building industry, development firms, and property management. Their profiles can be read HERE.

No record of endorsement for open space and/or regional park initiatives

• Bike Delaware has no known record supporting (never mind lobbying for) the use of DE's last remaining green spaces as regional parks, even when proven to have enormous benefits for bicycling, walking, the environment, local economy, and interconnecting communities.

Touting the impossible

• Selling an impossible vision to Delaware's bicycling community, by insisting that we can build a complete, low-stress, "protected" bicycling network locally accessible to everyone, including 8-80 year olds. The facts say otherwise. (tip: a course in home rule and county land use would also help).

Fails to appear with any charity watch organization

• Charity Navigator, CharityWatch, Universal Giving, Philanthropedia, GiveWell, Great Nonprofits, and others do not include Bike Delaware as one of their ethical, creditable non-profits worthy of charitable donations.

Conclusion:
What little open space remains in NCC is mostly what planners and developers refer to as "infill", where any type of connectivity is fiercely opposed by existing neighborhoods. Most larger tracts -- also surrounded by car-dependent sprawl -- are either off limits or being hotly contested for open space acquisition. That said, if they really are intent on paving over most of the State's remaining farmland in Kent and Sussex, it might be possible to build enough contiguous TOaD that more folks do indeed bike and walk between communities, and use transit if the State arranges and funds it. Alternatives to car usage might become a little more popular. But then you have the cheapest gas in history (inflation factored) to ruin the incentive, and examples like Stevenage to explain around.

Delaware's fall from #3 to #7 as a Bicycle Friendly State was largely due to a lack of low stress connectivity and a bicycling mode share that barely registers. Unless the State is prepared to spend enormous sums and begin using eminent domain, connectivity that the 8-80 yo "interested but concerned" folks can use to circumvent arterial roads and intersections will remain impossible. Govt would have to strategically condemn and raze private properties in order to install non-motorized pathway connections between developments, and designate their streets as "bike boulevards". Doing so would draw the ire of adjacent residents, and trigger a frenzy of lawsuits. Except in a rare case or two, it isn't going to happen.

The Oil Crisis of 1973 was the last time in U.S. history that bicycling was truly popular for transportation purposes. With mode share currently at 0.2% in Delaware, major Govt spending on bike path infrastructure by confiscating private property would be political suicide. Bike Delaware should also understand that where cities and countries have high bicycle mode share, car ownership and fuel costs are prohibitively expensive and/or inconvenient. Raising the cost of driving to encourage alternative modes would again be political suicide.

So decide for yourself what Bike Delaware's true motive is, and just who may be bankrolling their staff and for what purpose. Organizations like the White Clay Bicycle Club lavish thousands of dollars every year on Bike Delaware, knowing full well that they are anything but transparent about their activities and finances. Delaware bicyclists should consider all of the facts mentioned in this article before joining either organization. If anything discussed here can be proven as false or inaccurate, please email info@1stbikes.org or include in comments below any supporting evidence and documentation.

Bicycle-Friendly Delaware Act weakens 3' Passing Law

We reviewed the updated vehicle code resulting from the passage of HB-185 (Bicycle-Friendly Delaware Act), found in DE Title 21, Chapter 41, Section 4116. Missing is any reference to safe passing distance of bicyclists unless being overtaken by a vehicle in the same lane, assuming it is wide enough to safely share. Riding within shoulders and/or bike lanes is not accounted for, which are very common and count as a lane in their own right.

A Newark commuter enforces the 3' passing law - with a shovel. 

The original vehicle code wasn't the clearest either, but it could have been construed that motorists are to move out at least 3' regardless. By not including shoulders and/or bike lanes, Bike Delaware failed to cement these as applicable; therefore, you are not covered under the safe passing law because you are in your own lane of travel. Motorists who overtake while straddling the white line -- common, often deliberate -- are permitted to do so as long as keeping to their own lane. In a 4' bike lane, for example, the bicyclist's footprint can occupy as much as 3' elbow to elbow. For a motorist with a tire on the white line, this would leave a foot or less passing clearance. This is especially terrifying in high speed conditions.

As we already discussed in previous articles, HB-185 did include some long overdue updates to the vehicle code, and we applaud the hard work that went into that. Unfortunately, what could have been a great bill ended up fair, and somewhat hurting past progress as seen here. The bill also came up short by failing to include any anti-harassment language, except a ban on frivolous honking, as we discussed in this analysis.

This is what to expect when you have a LAB sanctioned State organization whose approach to advocacy lacks pragmatism and balance. Their inner sanctum only recognizes total separation from traffic -or- total integration with cars, and nothing in-between. As a result, they do not support on-road bicycling infrastructure, but at the same time, believe it is they -- and only they -- that represent the interests of bicyclists in the State of Delaware. Because of this, they would never think to engage the wider bicycling community for input. Had they done so, we might not be faced with this predicament.

Conclusion: We'll again repeat that, as a non-profit organization, Bike Delaware must become more open and transparent. Nobody knows what they are doing until it is already in motion. It's time for them to lift the veil of secrecy, and put their projects out to comment among the broader bicycling community. Most would agree, for example, that upping the law to a 4' passing distance anywhere a bicyclist is encountered would suffice. Lane changes could still be required with narrow or multiple lane configurations, and an anti-harassment component could have been included. Let's hope that any efforts to amend the bill, or further update the vehicle code is carried out in a more open and accessible manner.

Bicycle-Friendly Delaware Act featured in Bicycling Magazine

 Governor Markell signs into effect the Vulnerable Road Users Law in 2010

Surrounded by cycling fanfare, Governor Carney signed the Bicycle-Friendly Delaware Act into law this afternoon in Newark.

Our critical analysis of HB-185, both pro and con, was posted on June 21. We will not discuss it any further here, except to say that at least one valuable opportunity was lost. In their usual secretive manner, Bike Delaware crafted something with zero input from fellow advocates or anyone else in DE's bicycling community.

Sad -- but expected -- it takes another source or article (here, Bicycling Magazine pens Carney's signature a day early) for some of the finer and more sought after details to emerge. Clearly, the Idaho Stop (rolling, yield stop) provision was the main goal of the bill, with most of the rest intended to diversify the language and limit discussion on the floor. The best chance at passage came by circumventing a prolonged debate that killed the Idaho Stop in other States. It was a brilliant move and it worked.

From Bicycling's article, these excerpts reveal a pleasant surprise, something advocates thought they could only ever hope for, and doubted would even be considered with the passage of HB-185:

None of the new rules will have an impact, however, without public awareness. Bike Delaware aims to launch an educational campaign across the state, while Whitmarsh said officers will get a chance to read the new laws and ask questions at upcoming training sessions. He also said the department will promote the changes to the press.

Bare, who took the lead on crafting the legal language of the bill, said making sure drivers, cyclists, and police understand the law is essential to its success.

“There is no limit to the number of ways that something like this can fail,” Bare said. Starting the conversation before the rollout, he said, gives the state a head start.

We hope Bike Delaware stays true to their word above. But in order to do so, they will need to break from their usual pattern of secrecy and provide regular updates on how their PR campaign is progressing. Laws and changes to laws are completely useless if the public is unaware of it, except maybe after a crash (if the victim is still alive, knows about it, and can cite it to the judge). If an effective PR campaign is achieved, Bike Delaware will deserve much in the way of kudos for moving the State forward in a more bicycle-friendly direction. 

Bike Delaware Quashes Pedestrian Safety Bill

While the push continues to pass the "Bicycle Friendly Delaware Act" (HB-185) that includes legalizing rolling stops for bicyclists, a campaign that began 2.5 years ago to reform Delaware's vehicle code for pedestrian safety has stalled. Known as the "Pedestrian Bill", it is modeled after other progressive States such as WA, MA, OR, etc, bringing it up to date (view in pdf) with our built environment. As it stands now, Delaware's language is almost totally car-centric, placing the onus squarely on pedestrians not to get killed. It actually requires a person to be in a crosswalk before a yield is legally required, whereas other States require simple intent to cross as the trigger. In other words, you could stand at the curb waiting for all eternity, because motorists are legally permitted to continue (at speed) through crosswalks unless you physically place your body out there, in harms way.

There are other issues with Delaware's current pedestrian code as well, including an ancient reference to Father's Day that somehow influences the law's enforcement. The whole thing is antiquated, as the State's death and injury rate -- consistently among the highest per-capita in the U.S. -- continues unabated. Meanwhile, the legal system targets pedestrians, holding motorists blameless in virtually every case. Routine patterns such as smart phone use, speeding, and aggressive driving are never cited, though most drivers engage in it. Updating the language would be a monumental step in the right direction, helping to provide a sensible basis for education and enforcement and to give pedestrians the confidence they need to use proper facilities where available.

Where does bicycling fit in? Bicycles are largely unaccounted for and misunderstood on pathway facilities of any kind. For example, if a crash occurs while riding on a parallel (with the road) multi-user pathway (MUP), especially where it enters a crosswalk, there is nothing in the code and no clear legal standards that apply. It will fall on the judge to determine fault, and the odds are overwhelming that he/she will favor the motorist regardless.

Unfortunately, Bike Delaware, the states “advocacy” organization for cyclists and pedestrians, does not support and in fact has opposed efforts to update the pedestrian code. Considering this organization’s lack of support, we need others to step up. At the same time, we should ask why Bike Delaware fails to address the serious changes that are needed for bicycle and pedestrian safety on the very pathways that make up their supposed signature cause. Maybe it's because it is an organization accountable to no one, not even its own donors that include the White Clay Bicycle Club. It claims to fully represent Delaware’s bicycling and pedestrian communities, yet the evidence shows that they are busy doing the bidding of developers and the building lobby instead. As such, they have no interest in teamwork or consensus, and produce no newsletter or annual report.

The above said, let's all hope that Governor Carney signs HB-185. And let’s hope that all of us can get behind efforts to address the critical issues outlined above.

A brand new 10' wide multi-user pathway (MUP) was recently installed along Rt.4 in Ogletown, just east of Harmony Road. If a crash was to occur in the crosswalk between a bicyclist and a car, the odds are overwhelming that the bicyclist will be cited and the driver held blameless. If you're a pedestrian, you must be in the crosswalk to be legally protected, and bicyclists are not even mentioned. Unfortunately, with a radius right turn, most drivers will be caught off guard by anyone just happening to be there, given the induced high speed.

-- Amy Wilburn, former Chair of the Delaware Bicycle Council, contributed to this article.

A look at Bike Delaware's "Bicycle Friendly Delaware Act"

Bike Delaware may be well on their way to a major legislative victory. The "Bicycle Friendly Delaware Act", or HB-185, includes five significant improvements:

• Allowing DelDOT to use bicycle-specific traffic signals
• Making it illegal to honk at bicyclists without legitimate cause
• Requiring motor vehicles to change lanes when passing bicyclists in a sub-standard width lane
• To better define the bicyclist's correct position on the roadway in the vehicle code
• Allowing bicyclists to either stop or yield to other vehicles at stop signs

If the language of this bill survives as written, it would be significant and might push Delaware even higher than #3 in the League of American Bicyclists Bicycle-Friendly States ranking.  It would also make Delaware only the second State after Idaho to legalize rolling stops for bicyclists.

Unfortunately, a major opportunity is missing from HB-185: Bicyclist Anti-Harassment. In 2011, the City of Los Angeles CA passed such an ordinance, citing five hostile actions that commonly occur toward bicyclists. Below is a capture from their actual code, found under "Prohibited Activities":

Even though HB-185 (if passed) will see little to no public education -- never mind enforcement -- strong language is still critical for incident reporting. As it stands now, even if you bike with full time video surveillance and capture the tag number of an offender, going to law enforcement is a lesson in futility. For example, the Delaware State Police insist that shouting at bicyclists and pedestrians from an open car window is protected under 1st Amendment free speech. This bill could have been the opportunity to fix that, and allow charges to be filed. In the long run, it could send a strong message that such behavior will not be tolerated.

Below is a short 7 second clip of one such incident, which is not uncommon, that was much louder than the camera recorded. Had it not been for the use of hearing protection, the bicyclist might have been startled into loss of vehicle control.

Despite this deficiency, and Bike Delaware's usual fail at consensus, HB-185 is worth supporting as an attempt to bring road bicycling into modern times.

Will CA become second State to legalize rolling stops for bicyclists?

California is set to make a go at the Idaho Stop law. Excerpts from the article in the Fresno Bee:

. . . That’s the gist of Assembly Bill 1103, now awaiting a vote at the committee level. Introduced by Assemblyman Jay Obernolte (R-Big Bear) and Assemblyman Phil Ting (D-San Francisco), the bill would “authorize a person operating a bicycle approaching a stop sign, after slowing to a reasonable speed and yielding the right-of-way, to cautiously make a turn or proceed through the intersection without stopping, unless safety considerations require otherwise.”

Why on Earth would two assemblymen, from both sides of the political aisle, craft such a bill? Because although it may sound misguided or counterintuitive, such a measure would make our streets safer for cyclists without having any impact on motorists.

Although certainly part of it, this is about more than saving energy or not wanting to lose pedaling momentum. Cyclists are at their most vulnerable while stopped at intersections. This is where they’re most likely going to get hit from behind or sideswiped by an inattentive motorist – with no way to take evasive action.

When I’m on my bike and approaching stop sign I do so with the goal of getting out of the danger zone as soon as safely possible. I squeeze the brakes to slow down, check both ways to make sure the coast is clear and roll on my merry way. No harm, no foul and no need to be a sitting duck for any longer than necessary. [Full story . . .]

1st State Bikes followers demand update. We deliver.

Seasons Greetings, Delaware Street Bicyclists, and Happy New Year 2017!

In the face of popular demand, it has been decided that we should add a post that reflects our ongoing bicycling and pedestrian (and more recently, land use) advocacy in the Greater Newark area since early 2015. It's been a busy and productive time! Here are the projects that we at 1st State BIKES have taken active leads on, along with an update on their status.

• The Shared Right Turn-Only (RTO) Lane treatment is finally approved and being implemented. First was Limestone Rd through Pike Creek, followed by Kirkwood Hwy between Red Mill Rd and Saint James Church. The most recent is Route 4 between Newark and Stanton. These improvements are by no means a panacea, but they do increase safety and comfort for riders today that have no choice but to ride on arterial roads. They tell motorists to expect bicyclists on the roadway, and encourage respect and safer positioning when overtaking on the approach to intersections. Upon the request of advocates, DelDOT has agreed to use the treatment during pavement & rehabilitation projects, but also agreed to "retrofit" one existing corridor (not in need of repave) per year. Route 4 above was for 2016. You can read past posts giving a history of the shared RTO treatment HERE.

• The Multi-Use Pathway running parallel to Route 72 (S. Chapel St) south from Newark will, apparently, be repaved/reconstructed sometime in 2017. We only learned of this recently from the Newark Bicycle Committee's newsletter "Mailbag". Since 2003, rehab of this facility between Route 4 and Old Baltimore Pike was my personal priority, as evidenced by continuous postings in this blog. It began with DelDOT's Bicycle Coordinator Dave Petroski, followed by Joe Cantalupo, and lastly Anthony Aglio. For whatever reason, the last - despite many years working closely together - didn't see it fit to inform us, assuming it's true.

• We were caught completely off guard with a lane expansion project on eastbound Route 4, just east of Harmony Road in Ogletown. To the chagrin of motorists, thru-moving bicyclists must control of the inside of two RTO lanes before picking up the shoulder again east of Samoset Dr. A well designed parallel MUP was also included in the project, but cannot be reached without leaving the street and changing to a pedestrian. We continue to ask DelDOT to apply Sharrows in the inside RTO lane, or provide easy on/easy off ramp access to the MUP immediately east of Harmony Rd (at the onset of the outside RTO lane). As it stands now, this approx two block stretch is a bicyclist's worst nightmare.

• Based on a DelDOT working group's recommendation, they are planning to go ahead with lane expansion (3 lanes in each direction between Otts Chapel and Christina Pkwy) for the Elkton Rd Reconstruction Project, Phase 2. This, in addition to double RTO lanes at Christina Pkway. We do not believe that bike/ped/quality of life advocates were fairly represented in the group. The project does include a parallel MUP and bike lanes, but we are opposing the added 3rd lane. We simply can't solve congestion problems by turning every road into a Route 13 and every intersection into a Hares Corner. That is what our future could hold if DelDOT continues on its current trajectory. There is also induced demand, but most damning is the fact that a significant amount of Elkton Rd traffic is from motorists evading the I95 toll. Projected demand out to 2030 supposedly calls for the added lanes, but we have strongly urged DelDOT - with Wilmapco in CC - not to spend the additional $5M added cost until studies have been conducted. We already know that the police stake out the area, and routinely prosecute commercial vehicles for toll evasion.

• Last year, Delaware was #1 in the nation for per-capita pedestrian fatalities, and to that end, an attempt is underway to reform Delaware's vehicle code. Known as the "Pedestrian Bill", it would be modeled after other progressive States such as WA, MA, OR, etc, bringing it up to date with modern times. As ours stands now, the language is almost totally car-centric, placing most of the onus on pedestrians not to get killed. It actually requires peds to be in the crosswalk before a yield is legally required, whereas other States only require intent to cross as a trigger. There are other issues as well, including an antiquated reference to Father's Day somehow influencing the law's enforcement. An upgrade here would be a monumental step in the right direction, and give pedestrians the confidence they need to use proper crosswalks where available. As members and constituents of the NCC Civic League, we will be looking to them for its first endorsement. A huge tip of the helmet goes to Amy Wilburn for spearheading this effort.

• 1st State Bikes is working with the region's first Lidl grocery store (expected construction in 2018) to become the model for bike/ped/transit-friendliness. Angela Connolly proudly accepted a position in their Community Working Group as an active transportation advocate. Originally, the company had committed to maintaining 70% of the property (now a 3-hole golf course) as dedicated open space. That could drop to 50% if the company decides to include a coffee shop and/or bakery (think Panera) in tandem with the grocery store. But no less than 50% will be set aside regardless. Angela is working very hard to ensure that both have state of the art (apbp approved) bike parking, an outdoor cafe', and site pathways and other important features centered around community building and place-making. Do you live in the area? Have your say with this quick 5-question project survey. A tip of the helmet to Angela for taking this on, and pursuing only the best for current and future Ogletown residents!

• We have repeatedly asked DelDOT to lower the speed limit on Route 4 through Ogletown. Currently, it is 50 mph, with many driving well in excess. Sympathetic to our cause, Senator Karen Peterson requested that a  speed study be conducted and the corridor be re-evaluated from a safety standpoint. It was found that the average speed was 53 mph. Considering the stop and go nature of Route 4, it takes many folks far exceeding the speed limit to create said average, and it shows. Unfortunately, to the average person, 3 mph over doesn't sound so bad. Unfortunately, despite several schools - including one for the deaf (where students can be seen walking the a adjacent pathway and crosswalks) - and multiple intersections and retail centers rich with bike/ped activity, DelDOT refuses to budge on this one - not even a drop to 45 mph. At issue is the "85th Percentile" , a method used to determine speed limits that is actually based on the assumption that most motorists are law abiding citizens (good drivers).

• 
  A major housing development is planned for one of the last remaining significant tracts open space in the greater Newark area. Comprised largely of forests and wetlands - including a few vernal pools - clearing and paving over these natural areas will have major repercussions for threatened and endangered wildlife species. It will also add to existing flood problems, and substantially increase traffic in neighborhood communities and on Route 4. This will have serious
  
  consequences for bike/ped/transit users as well. Our vision is for the State and New Castle County to buy most of the property and add it to the park system. To that end, we created the community Facebook page "Save Ogletown Pond", with nearly 800 genuine likes and dedicated followers. Progress is at a standstill for now, given the holidays, but we expect the good news to come sometime in early 2017 (we hope). A park here would be the region's first, possibly modeled after Glasgow Park with all its amenities (pathways, pavilions, courts, bike parking, etc).

• 
  November, two advocates from 1st State Bikes accepted positions on the Executive Board of the Coalition for Natural Stream Valleys. If you haven't already heard of this org, the CFNSV was the main advocacy force behind White Clay Creek SP, Middle Run Valley, the recently State acquired Deerfield Golf and Country club, etc. It consists of several legendary land use advocates, including Arabella Bianco, Richard DuPont and Donald Sharpe. The hope is to strengthen our alliances in the face of non-support from other bicycling-related orgs. We also see this as an opportunity to better position ourselves in the fight to Save Ogletown Pond (orphanage property). We already joined forces with the CFNSV back in April, in an unsuccessful attempt to have open space funding (originally legislated at $10M for farmland and $9M for open space) reinstated in the bond bill. We also worked hard to convince the Democratic Party to include open space as a plank in their campaign platform, and are still waiting for their decision. If led, please visit and like their Facebook page!

• 
  An opportunity to eliminate a dangerous crosswalk design with a pave & rehab project in Glasgow (across Route 896 at the jct of GBC Dr) appears to be lost. DART Bus Route 55 drops Siemens Healthcare transit commuters at a bus stop just north of the intersection. The existing crosswalk (to nowhere) crosses on the south side, and sees virtually no users because of the added time and steps involved. Rather than cross two legs of crosswalk and back again without one (3 legs total), commuters find it much simpler to run across 896 either from the bus stop or on the non-crosswalk side. Unfortunately, it wasn't until after the concrete was laid did we realize that no redesign was in the works. We informed both DelDOT and DART officials, and informed them of this rare opportunity to right a potentially deadly design flaw. DelDOT claims that they reached out to DART without a response, and DART claims no such actions were taken. It is not clear if DelDOT will consider moving the crosswalk to the north side - where it belongs - at this late stage of the rehab. We are still waiting for a formal decision one way or the other.
• 
  As always, we continue to monitor pave & rehab projects for opportunities to improve multi-modal safety. We asked for and won bike pocket lanes on Elkton Rd (between Newark and the MD line) with a recently completed interim repave project. We have asked for shared RTO treatments (first item above) on Route 72/Sunset Lake Rd south of Newark, and believe DelDOT will come through for us with a repaving next year. Each year, more and more opportunities arise, within the confines of what can be achieved with a basic pave & rehab project (beyond that, it becomes capital reconstruction) and re-striping. It is up to road safety advocates to take the lead on this, in the face of refusal by our State's LAB sanctioned advocacy org.

• Finally, it is critically important that we monitor all car-bicycle crashes, and rally to the cause of bicycle safety. Only this way can we make the Vulnerable Road Users law an established penalty by the court, and draw attention to the price we all pay for reckless, aggressive, and or distracted driving. Sadly, again, our State's nationally sanctioned (and hugely popular) advocacy org had this to say regarding a high profile case in 2015: "We will announce the sentencing dates for [name withheld] but not actively promote "packing" the courtroom. Our position is that it's up to each cyclist to decide about the value of them personally attending".
  
  "Packing the Courtroom" is a strategy that has been used with much success elsewhere. Even a few cyclists helps, as it is unusual for people who did not know a victim to attend hearings or write impact statements; the more the better. Yet, though said org was the lone recipient of memorial funds, they went on to ignore an advocate's request to post the date of the sentencing and encourage attendance (they also refused to support the 3' passing law PR campaign, but that's another story). This is unacceptable. The first thought should be getting bicyclists to the courthouse that day, after having written even the simplest of impact statements beforehand. The following excerpt from Bicycling Magazine makes an excellent case. Excerpt:
  
  
  
  A lawyer named Oren Noah, one of the group's founding members, proposed a campaign similar to one that had been waged five years earlier in Marin County, after a rider named Cecily Krone—an occupational therapist who worked with handicapped children—was killed at 9:30 a.m. on a Sunday by a drunk driver searching for a cigarette. Cyclists packed county courtrooms at every hearing related to the case, and the driver was sentenced to six years in jail for vehicular manslaughter. Noah now suggested that Sonoma cyclists follow that example, not only to draw the attention of judges and the media, but also to show the perpetrators themselves "that they killed humans with friends and robbed from the community.... [and to] maintain the focus where it should be: on the drunk killers"
  
  That's all for now, folks. This article does not signify a return to regular blogging, however, occasional updates on the efforts listed above, or the addition of new ones may appear from time to time. And as always, we at 1st State BIKES will continue to advocate for safer facilities for all bicyclists and pedestrians, as well as advocating for land conservation/preservation and responsible land development where necessary.  -FW-