Who Responsible For Sidewalk Repairs
Location:
MUNICIPALITIES; SIDEWALKS;
| FINANCIAL RESPONSIBILITY FOR PUBLIC SIDEWALK REPAIR |
| By: Julia Singer Bansal, Associate Analyst |
ISSUE
Survey Connecticut municipalities to determine who bears financial responsibility for repairing public sidewalks.
SUMMARY
Nosotros surveyed Connecticut ' due south 169 municipalities and found that 127 of them have sidewalk repair policies, four do not accept a policy, and 38 do not accept sidewalks. Of the 127 with sidewalk repair policies, abutters are financially responsible for repairs in 47 municipalities and 74 municipalities bear responsibility themselves.
Five municipalities have policies shifting the burden depending on whether the sidewalk is (1) state- or municipally-owned or (2) within the country or municipal correct of way. I municipality reported that repairs are the state ' s responsibility.
In municipalities that place the burden on abutters, the policy is often codified in an ordinance. But, in many municipalities, sidewalk repair policies are breezy and based on past practice. We found that municipal sidewalk repair policies often include exceptions. For example, in many municipalities where the abutter is responsible, the municipality will accept responsibility for harm caused by municipally-endemic tree roots. In other municipalities, abutters may exist relieved of responsibility for sidewalks inside the downtown expanse or used past children walking to school. And in municipalities where abutters are by and large not responsible for sidewalk repairs, they may be responsible if they cause the impairment, for instance when doing structure work on their property.
Nosotros collected the data for this report through an electronic mail survey of municipal planning offices and master elected officials. Nosotros called municipalities from which we did non receive a response to our email survey. The information in Tables 1 and 2 reflects the information collected through these emails and conversations.
Results
4 municipalities, Burlington, Ledyard, Sterling, and Woodbridge, reported that they do not accept a sidewalk repair policy. And 38 municipalities, listed in Table 1, reported having no sidewalks abutting private property (due east.g., residences and businesses).
Tabular array 1: Municipalities Without Sidewalks
| Andover Barkhamsted Bethany Bethlehem Bolton Bozrah Bridgewater Brookfield Brooklyn Canterbury | Chaplin Colebrook Columbia Cornwall Durham Easton Franklin Goshen Hampton Hartland | Killingworth Lebanon Lyme Middlefield Morris New Fairfield Northward Stonington Orangish Oxford Pomfret | Preston Prospect Roxbury Scotland Union Warren Weston Wolcott |
Tabular array 2 provides the survey results for the 127 municipalities with a sidewalk repair policy. The middle column shows the entity that, according to the town official who provided us information, is responsible for repair costs. The tertiary column lists exceptions to policies. In that location are several recurring exceptions to these policies. For example, at to the lowest degree
● v municipalities shift the burden from abutters to themselves for certain sidewalks in downtown areas or used by students walking to schoolhouse;
● nine municipalities shift the burden from abutters to themselves when damage is caused by tree roots, a snow plow, or other activities conducted by the municipality;
● 11 municipalities partially reimburse abutters for repair costs or offer grants or loans to abutters;
● ten municipalities, though non their official policy, have responsibility for sidewalk repairs consistently or occasionally;
● 14 municipalities make abutters responsible for repair costs if their actions gave ascension to the needed repairs; and
● three municipalities require abutters to make repairs to custom abutter-installed sidewalks (due east.g., wider sidewalks, masonry sidewalks).
Tabular array 2: Fiscal Responsibility for Sidewalk Repairs
| Municipality | Financially Responsible Entity | Exceptions and Notes |
| Ansonia | Abutter | Municipality reimburses abutters for 1-tertiary of the cost of concrete |
| Ashford | Municipality | |
| Avon | Abutter | Municipality maintains certain sidewalks that are used past students walking to school |
| Beacon Falls | Abutter | Municipality is responsible if damage is caused by a snow plough Other exceptions are made on a case-by-case ground |
| Berlin | Municipality | Municipality may agree abutters responsible if they damage a sidewalk |
| Bethel | Abutter | In do, the municipality periodically repairs sidewalks at no toll to the abutter |
| Bloomfield | Municipality | Municipality does not repair newly-installed sidewalks in developments for the first twenty years Municipality seeks reimbursement from abutters who damage a sidewalk |
| Branford | Municipality | |
| Bridgeport | Abutter | |
| Bristol | Abutter | Municipality responsible for costs resulting from tree root damage caused by a municipally-owned tree Municipality may repair a sidewalk equally part of a public works projection Municipality has a sidewalk repair plan that offers grants (50%) and low involvement loans to owners of residential properties with fewer than six units |
| Canaan | Municipality | |
| Canton | Municipality | None |
| Cheshire | Municipality | |
| Chester | Municipality | |
| Clinton | Municipality | |
| Colchester | Abutter | None |
| Coventry | Abutter | None |
| Cromwell | Municipality | Municipality may hold abutters responsible if they impairment a sidewalk in the class of construction piece of work |
| Danbury | Abutter |
| Municipality | Financially Responsible Entity | Exceptions and Notes |
| Darien | Municipality | Municipality not responsible for sidewalks on private streets or along state roads, unless they are municipally-installed sidewalks |
| Deep River | Municipality | None |
| Derby | Abutter | |
| East Granby | Municipality | |
| East Haddam | Municipality | |
| Eastward Hampton | Municipality | |
| East Hartford | Abutter | |
| Eastward Haven | Abutter | |
| East Lyme | Municipality | |
| Eastward Windsor | Municipality | |
| Eastford | Municipality | |
| Ellington | Municipality | None |
| Enfield | Municipality | |
| Essex | Municipality | Abutters may be responsible for sidewalks in the downtown area if the width varies from other sidewalks |
| Fairfield | Municipality | Abutter responsible if they harm a sidewalk, except for tree root harm |
| Farmington | Abutter | None |
| Glastonbury | Municipality | Municipality may hold abutters responsible if they harm a sidewalk |
| Granby | Municipality | |
| Greenwich | Municipality (sidewalk inside the town right-of-way) Abutter (other sidewalks) | Abutter responsible if the sidewalk has a "custom" finish (e.one thousand., bricks) |
| Griswold | Municipality | Private developments are responsible for repairing their sidewalks |
| Groton | Municipality | |
| Guilford | Municipality | None |
| Haddam | Municipality | None |
| Hamden | Abutter | Municipality responsible for costs resulting from tree root damage if the tree is on municipal property |
| Hartford | Abutter | Municipality repairs certain sidewalks designated as "city accepted sidewalks" |
| Harwinton | Abutter | |
| Hebron | Municipality | None |
| Kent | Municipality | None |
| Killingly | Municipality | |
| Lisbon | Municipality | |
| Litchfield | Municipality (repairs made by boroughs) | |
| Madison | Abutter | None |
| Manchester | Municipality | Municipality will cover half the costs if an abutter unilaterally opts to replace a concrete sidewalk |
| Municipality | Financially Responsible Entity | Exceptions and Notes |
| Mansfield | Abutter | Municipality repairs sidewalks in the downtown expanse, equally well equally wide walk and bike path sidewalks |
| Marlborough | Abutter | None |
| Meriden | Abutter | Municipality reimburses up to 65% of the repair cost Municipality annually replaces many sidewalks at no cost to the abutter |
| Middlebury | Municipality | |
| Middletown | Abutter | Municipality responsible for costs resulting from tree root harm, if the tree is located between the curb and sidewalk |
| Milford | Abutter | None specified, but the municipality has a hearing procedure in place for abutters aggrieved past an society to repair or supercede a sidewalk abutting their property |
| Monroe | Municipality (sidewalk within the state or town correct-of-way) Abutter (other sidewalks) | Municipality volition seek reimbursement for repair costs from a party that causes damage |
| Montville | Municipality (town-owned sidewalks) Abutter (other sidewalks) | |
| Naugatuck | Abutter | Municipality responsible for costs resulting from tree root damage caused by a municipally-owned tree Municipality repairs sidewalks at no toll to the abutter if grants or funds are available for such work |
| New Britain | Abutter | |
| New Canaan | Municipality | Abutting merchants responsible in the downtown area Municipality seeks reimbursement from abutters who damage a sidewalk |
| New Hartford | Abutter | In practice, the municipality repairs sidewalks in the downtown area at no toll to the abutter |
| New Haven | Abutter | Municipality may agree to deport half the price of repairing a sidewalk abutting residential property with fewer than seven units |
| New London | Municipality | Municipality is responsible for but half of the cost, with abutters responsible for the other one-half; in practice, the municipality bears full burden Municipality seeks reimbursement from anyone dissentious a sidewalk equally a result of negligence or intentional bear |
| New Milford | Abutter | |
| Newington | Municipality | Anyone damaging a sidewalk is responsible |
| Newtown | Municipality | Municipality is in the process of revising its sidewalk repair ordinance |
| Norfolk | Municipality | |
| Municipality | Financially Responsible Entity | Exceptions and Notes |
| N Branford | Municipality | Municipality may concur abutters responsible if they damage a sidewalk in the grade of construction piece of work |
| Northward Canaan | Municipality (most repairs fabricated by burn down commune) | If the abutter makes structural changes to the sidewalk, the abutter is responsible for maintenance |
| North Haven | Abutter | |
| Norwalk | Abutter | Municipality may supervene upon sidewalks as part of road repaving or reconstruction, if necessary for proper drainage |
| Norwich | Abutter | Municipal plan provides loans to abutters and makes the municipality responsible for installing curbs |
| Old Lyme | Municipality | None |
| Old Saybrook | Municipality | None |
| Plainfield | Municipality (municipally-owned sidewalks) | Municipality seeks reimbursement from abutters who damage a sidewalk |
| Plainville | Municipality | Municipality may hold abutters responsible if they damage a sidewalk |
| Plymouth | Abutter | Beginning in 2022, the municipality is making repairs to certain sidewalks at no cost to the abutter |
| Portland | Abutter | Municipality responsible for costs resulting from tree root impairment |
| Putnam | Abutter | None |
| Redding | Municipality | |
| Ridgefield | Abutter | Policy change likely, every bit municipality ' due south insurance visitor wants municipality to be responsible |
| Rocky Loma | Municipality | Municipality may concord individuals responsible if they harm a sidewalk |
| Salem | Municipality | None |
| Salisbury | Municipality | None |
| Seymour | Abutter | Municipality annually makes sure repairs using grant money If abutter submits three quotes for repair work, municipality may corroborate a ane-3rd reimbursement |
| Sharon | Municipality | |
| Shelton | Abutter | Municipality reimburses 60% of concrete sidewalk repair costs, merely no reimbursement for cobblestone sidewalks Municipality responsible for costs resulting from tree root damage In practice, the municipality maintains certain sidewalks outside of the downtown area that are used past students walking to school |
| Sherman | Municipality | |
| Simsbury | Abutter | |
| Somers | Municipality | None |
| S Windsor | Municipality | None |
| Southbury | Municipality | None |
| Municipality | Financially Responsible Entity | Exceptions and Notes |
| Southington | Abutter | Municipal programme may provide partial reimbursement Municipality maintains sure sidewalks that are used by students walking to schoolhouse |
| Sprague | Municipality | None |
| Stafford | Municipality | |
| Stamford | Municipality | None |
| Stonington | Municipality | In the borough of Stonington, abutters are responsible |
| Stratford | Abutter | In practice, the municipality repairs sidewalks at no cost to abutters Nether policy, the municipality is responsible for costs resulting from tree root damage |
| Suffield | Abutter | In practice, only infrequently, the municipality makes repairs at no cost to the abutter |
| Thomaston | Abutter | None |
| Thompson | Municipality | |
| Tolland | Municipality | |
| Torrington | Abutter | |
| Trumbull | Abutter | |
| Vernon | Municipality | Municipality occasionally requires developers to install new sidewalks |
| Voluntown | Municipality | None |
| Wallingford | Municipality | |
| Washington | Municipality | |
| Waterbury | Municipality | If the abutter makes repairs, the municipality will non provide reimbursement |
| Waterford | Municipality | None |
| Watertown | Municipality | None |
| West Hartford | Municipality | None |
| Westward Haven | Abutter | |
| Westbrook | Municipality | |
| Westport | Municipality | Abutters responsible for sidewalks used for commercial and business organisation purposes |
| Wethersfield | Abutter | Municipality responsible if it created the demand for repairs Municipality provides grants to certain impoverished abutters |
| Willington | Country | Municipality believes state is responsible for repairs to sidewalks, equally all sidewalks are along a state road and inside the state ' s correct-of-manner. The sidewalks were installed past a private landowner before the road they abut became a state road. Municipality and state practise not accept a contract regarding repairs. |
| Municipality | Financially Responsible Entity | Exceptions and Notes |
| Wilton | Municipality (sidewalk inside the town right-of-fashion) Abutters (other sidewalks) | None |
| Winchester | Abutter | In practice, the municipality does non lodge abutters to make repairs |
| Windham | Municipality | |
| Windsor | Municipality | |
| Windsor Locks | Municipality | Municipality may hold abutters responsible if they damage a sidewalk in the course of construction work |
| Woodbury | Municipality | |
| Woodstock | Abutter |
Source: Survey of municipal chief elected officials and planning and public works officials
Note: An empty cell indicates that the municipality did not provide an answer
JSB:cmg
Who Responsible For Sidewalk Repairs,
Source: https://www.cga.ct.gov/2015/rpt/2015-R-0213.htm
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