Street repairs leads to discussion on
 sidewalk ownership

(3/10) A discussion concerning whether to approve a bid to resurface Maple and Maryland Aves., and their associated curbs, opens the door to what some have termed the ‘third rail’ of small town politics – the ownership of sidewalks within a community and who is responsible for their maintenance.

The issue of Walkersville assuming control of sidewalks grew out of a discussion over the proposed scope of the work to be done to repair those roads.

Commissioner Michael McNiesh expressed concern that scope of the work included replacing the adjacent sidewalks, which he noted, under the town code is the responsibility of the homeowners. "I think it sets a precedent that we were unable to establish that the town was responsible for homeowner sidewalks before. We’ve had multiple studies [on this issue], and I think it sets a precedent for the rest of town to come forward and complain that their sidewalks are not covered [by the town]."

McNiesh recommended that the town change the code to make the town responsible for sidewalks and their maintenance.

Commissioners Mary Ann Ennis agreed that McNiesh’s issue was in fact a dilemma, and said she had struggled with the sidewalk ownership issue, but said in the case of the Maple and Maryland Aves repairs, the continuity of the project was enhanced by including the work on the sidewalks.

In most communities with a Home Owners Associations, sidewalks are typically owned by the Association if the streets/parking areas are private. Sidewalks within neighborhoods (regardless of HOA) that are on public roads are typically the responsibility of the towns and are considered public.

However, that is not the case with sidewalks in Walkersville, where residents are responsible for the maintenance of the sidewalks in front of their homes. The only exceptions to this rule are the homeowners in ______, where the Home Owner Association is responsible for the upkeep and repairs of sidewalks.

According to Town Manager Sean Williams, "the only sidewalks the town is responsible for maintaining or repairing are sidewalks adjacent to town property, like the sidewalk in front of the town hall, or adjacent to town parks and facilities. Residents," Williams said, "are always surprised when they are informed that they are responsible for any necessary repairs, which depending upon the repair, can be costly."

Williams however caveated his comments by saying who ultimately is responsible for any sidewalk repair is based upon the cause of the issue. "For example." he said, "if the damage is due to something that the town may have caused or something outside of the homeowner’s control, like a waterline breaking, or flooding from a poorly installed or failed storm water drain, then the town would more than likely do the repairs."

"But if the issue is uneven sidewalks due to the growth of roots from home owner trees, or just pure wear and tear, either of which are capable of creating tripping hazards for residents, then the repairs are the homeowners’ responsibility."

Uneven sidewalks from tree root growth caused a storm of complaints a few years back in Emmitsburg when that town planted trees along its main thoroughfare. A few years later, as the sidewalks buckled from root growth, the town began to issue citations to residents to repair, at their own expense, the damage done from the Town’s actions. To say the citations did not go ever well by effected residents would be an understatement.

Only one bid was received for the reconstruction of the two roads, at a cost of $1,144,396. The bid was subsequently unanimously approved by the town council.