With the Village of Bluffton's new attention to sidewalk repair and replacement, The Icon provides several bits of information that will answer questions about the sidewalk ordinance.
Here are four links concerning sidewalks.
Sidewalk Policy and Specifications
Frequently Asked Questions (The material in this link follows)
In addition, the following are frequently asked questions about sidewalks (these questions are also answered in one of the above links)
I. Why is the Village telling me to repair or replace my sidewalk?
The Village Council, after much debate and discussion, determined that having safe, well constructed and repaired sidewalks in residential areas of the Village will enhance safety, provide for unobstructed pedestrian traffic and contribute to a better overall quality of life for residents of the Village. All residential areas of the Village will have sidewalks within 3 to 4 years under this plan.
2. I don't see any problems with my sidewalks? Why did I get a letter?
The Village's inspector has looked at your sidewalk and made a determination that it does not meet current standards for safety, repair and/or meet current design specifications. These criteria attempt to be uniform throughout the Village.
3. My property has never had sidewalks, why do I need to install them now?
This is part of the overall plan for residential areas. Even ifno sidewalks exist, residential areas will be expected to have sidewalks as part of this 3 to 4 year program.
4. How long do I have to repair, replace or install sidewalks?
You will have approximately one building season to repair or install sidewalks ON YOUR OWN. If you do not, then your sidewalk will be repaired or installed by the Village under a contracted project for your area during the NEXT building/construction season. After that, the costs will be assessed to the property taxes and paid in a lump sum or over 7 years, with a 2% administrative fee charged by Allen County, with property taxes
5. Do I have to hire a contractor to perform the work?
You do not have to hire a contractor if you can do the work yourself and meet all of the
specifications for sidewalks. Unless you are skilled in this kind of concrete work, however, the Village would advise that you hire a reputable contractor of your choice to avoid having to have the work rejected and redone at your cost.
6. What happens if! don't repair, replace or install my sidewalks?
As stated above, the Village will do it as part of a public works project and assess the property owner according to law.
7. The Village tried this before and didn't follow through- why will it be any different this time?
The Village understands that this was attempted before with little success. This time, a plan with specific time lines has been enacted, a means to address individual concerns or complaints has been put in place independent of the Village Administration and the Village has hired an employee whose main job will be spearheading this project through to completion.
8. Who owns the sidewalks: the Village or the property owner?
Sidewalks are part of the Right of Way for public roadways. Even where not paved, there is a part of the Right of Way that "looks" like your property but is accurately owned by the Village. Most deeds will have a clause that excepts out any easements or rights of way. The rights of way are established by plat of and area or subdivision and are of record in the County Recorder's Office.
9. Who is responsible for maintaining my sidewalks?
Sidewalk maintenance, even on public rights of way, can, and usually is, the responsibility of the adjacent property owner under Ohio Law.
10. How do I know where to install the sidewalks?
The Village will direct the proper placement of sidewalks. Once a property owner applies for a permit, the Village will issue instructions as to the placement of the sidewalk.
II. Does the walk have to go in a straight line?
Not necessarily, however, the sidewalk plan is to run with the street. If there are reasons for not having a straight sidewalk, the Village will allow it, within reason, or if the Village and the owner do not agree, it will be decided by an Appeals Board.
12. I have just a few cracks- do I have to replace my entire sidewalk?
Depending on the age and if the sidewalk is otherwise within the specifications established by the Village, replacement may be only of part of the entire sidewalk.
13. I have one section that has settled and I have a tripping hazard- how do I repair it?
This is part ofthe overall plan. To fix the problem, the owner or contractor should refer to the
specifications passed by the Village and follow the advice of a knowledgeable contractor.
14. If the Village contracts the work and bills me, will there be any additional charges?
There could be some higher costs associated with the Village doing the work since an individual repair job might be cheaper when done individually rather than part of a large project. Assessment for sidewalks can be by the front foot. Until bids are let and accepted, there is no easy way to answer this question.
15. If it goes on my taxes for seven years is there any interest?
There is a 2% fee assessed by the County Auditor and the Costs of Assessment may include the costs of borrowing by the Village before the amount is placed on the property tax bill.
16. What about objects in the way: trees, landscaping, fire hydrants, utility poles, etc.?
These issues will be dealt with on an individual basis based upon the type of object and cost of movement of the object. Fire hydrants are examples of objects that would most likely NOT be moved. Minor landscaping would be moved. Trees would have to be individually assessed during the permitting process.
17. Who is responsible for the sidewalk leading to shared driveways and alleys?
Alleys are the responsibility of the Village. Shared driveways are the responsibility of the
property owners and should be worked out by agreement or by reference to the parties shared drive way agreements.
18. Why does my brick sidewalk need to be replaced when the Village has bricks on Main Street?
The Bricks on Main Street were installed as part of an overall plan for the Downtown Business district and installed professionally to specifications that insure they will not be a hazard. They should last as long as the concrete. Additionally, the bricks on Main Street are separate from the five-foot wide sidewalk- on a residential street their location would be considered in the tree lawn. If a neighborhood presents a comprehensive plan for brick sidewalks that can be shown to be as safe and durable as the sidewalks as set forth in the Village's specifications, that could be a possibility, however, alternating brick and concrete sidewalks would not be practical or safe.
19. Will sidewalks be required on every street in Bluffton?
With very few exceptions, any area of the Village where there are homes or apartments will have sidewalks.
20. How much does a sidewalk permit cost and why do I need one?
A sidewalk permit costs nothing. It is needed for record keeping and inspection to make sure that any sidewalk put in by a property owner is installed correctly and that it is not make part of a later project.
21. A tree planted by the Village caused my sidewalk damage- do I have to pay for repairs?
Sidewalks are the responsibility of the property owner regardless of the "cause" of the problem. So, yes. However, if the tree would continue to cause issues with any new sidewalk, the Village may remove it so that no issues are caused in the coming years.
22. Where can I get a copy of the sidewalk construction specifications?
Sidewalk construction specifications are available at the Bluffton Town Hall and on the Village's website at www.bluffton-ohio.com.
23. What if I do not agree with the Village's determination to repair, replace or install a sidewalk?
An Appeals Board has been established by the Village Council to address disagreement with the Village's determination to repair, replace or install a sidewalk. To initiate the appeals process, a property owner should submit a letter stating their case to the Village Administrator.
24. General questions regarding the sidewalk program should be directed to whom?
General questions regarding the sidewalk should be directed to Jerry Cupples, Inspector. He can be reached at 419-358-2066 Ext: 102 or at [email protected].
