Summary
To: Mayor and Commissioners
From: Town Staff
Date: 4/13/2021
______________________________________________________________________
Subject:
Title
Discussion of Driveway and Sidewalk Paver Interface
Summary:
The Town received a request from Ms. Carroll of 9 DeSoto Place to run driveway pavers continuously to the street. Currently this is not allowed per code due to ADA concerns and maintenance.
In March of 2019, the Commission, on the recommendation of staff and the Town attorney, prohibited the installation of pavers in sidewalk paths. The primary reason of course was to address ADA concerns, as maintenance of sidewalks is the town's responsibility per code. Due to the nature of the bricks, multiple lifts and hazards can arise from the installation of the pavers. Repair and maintenance of traditional concrete panels is easier and more cost effective to inspect, level and ultimately replace than brick pavers. Due to the increased costs, particularly during road construction, staff recommended that moving forward the town enforce the previously required indemnification agreements with residents and ensure that increased costs for replacement were born by the homeowners of improved drive aisles.
If the Commission wishes to reverse this decision, I would recommend that it does so by ordinance and carefully examine the responsibility for maintenance of the sidewalks. Staff's largest concern is first liability and second on-going maintenance expense. Staff's opinion is that the town should take on neither more risk nor more expense of maintenance due to improvements of an individual homeowner.
A number of different remedies possibly exist:
1. Change the code, make maintenance and responsibility to ensure the sidewalk is safe, the responsibility of the owner of the affected parcel
2. Modify the current indemnification agreement, have the parcel owner agree to assume all liabilities and risk. Include specific time frame for repair, and penalties for brea...
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