Sidewalk Ordinance proposed

(11/19) Commissioner Mike McNiesh introduced changing the town’s sidewalk ordinance to allow the Town to take responsibility for all sidewalk maintenance.

The Town’s previous sidewalk ordinance held a property owner fully responsible for any sidewalk repairs. However, during the Maple Avenue project, the town assumed financial responsibility in replacing all the sidewalks on Maple Avenue. It was impossible to match the new curb and road to the existing sidewalks and impractical to expect homeowners to pay to replace functional sidewalks because of a town project. So, the Town Council voted to include the sidewalk replacement in the cost of the road project. Although McNiesh believes replacing the sidewalks on Maple Avenue was a mistake he said, ‘it is only fair to do this for everyone in town."

McNiesh outlined proposed changes which included official definitions of a hazardous sidewalk: a crack resulting in a gap or separation of an inch or more, tilting of 1.5 inches or more of the sidewalk due to settlement or upheaval, any holes greater than three inches in diameter, any pitted spots where the depth is more than an inch in a six by six area and any portions determined to be hazardous by the town manager, public works director or their representatives.

Another change he introduced would allow the town to apply the appropriate charges to a property owner for a sidewalk repair when the property owner is found to be negligent in cases such as pool construction.

Additional questions were raised at previous meetings, such as, what to do for homeowners that have already paid to replace their sidewalks and how they would be affected by the new ordinance.

Commissioners suggested the funds for the sidewalk repairs come from the Town's capital surplus accounts which are paid through taxes over the years. Town Planner Sean Williams pointed out that the town makes anywhere from $150,000-$200,000 on bank interest alone, and that could be used as a sidewalk fund as well. He also suggested applying for grants.

Commissioner Betsey Whitmore Brannen asked the Town to consider replacing a portion of the town’s sidewalk every year, starting with the worst spots first. This would allow the town to remove the hazardous portions immediately without overextending the sidewalk repair funds. It would take time to replace all sidewalks throughout the town, but the ordinance would ensure fair treatment for all residents.

The proposal was approved and there will be a public hearing at the December meeting.