Filling in the cracks

FRANKLIN—Everyone agrees that many of the borough’s sidewalks are in need of repair. The question is, who pays for the work? That issue has come before the Franklin Borough Council, which last week delayed voting on a resolution to delineate responsibilities until the legal issues involved can be more thoroughly studied. The chief concern is whether—and when—it is the borough that should make repairs, and when the homeowner(s) should do it instead. The resolution—which could be considered at the council’s next meeting—comes at a time when residents in various sections of town are complaining that their sidewalks are in need of repair. “It’s a gray area that’s been going on for years, so we’re just trying to get something (down) in black-and-white,” explained borough clerk Pat Leasure. Borough officials consider the most vexing question to be this: If a sidewalk simply abuts a homeowner’s property but does not actually lay on it, is the property owner still responsible? Borough administrator Richard R. Wolak said that a borough ordinance indicates it could be the property owner’s responsibility, but is not absolutely clear. “And that’s what we want to research further,” Wolak explained. “We don’t want to impose any additional costs, but we just want to determine the legality. “Each municipality is separate,” the administrator continued. “Where I live, you’re responsible for the sidewalk. We just want to make sure the burden is affixed to the right party, whether it be the borough or the homeowner.” Among the roadways involved are Masters Street, Hemlock Drive, the northern end of Rutherford Avenue and Fowler Street. Borough officials say residents from all of those streets have recently complained about sidewalks, leading to consideration of the ordinance. In a frank tone, Wolak warned council members that “there are going to be additional costs. We’re probably talking $50,000-$60,000 if we start doing sidewalks.” “That’s a conservative estimate,” Wolak said later. “In a small town, once you start correcting one issue, the knowledge is disseminated throughout the town. And the problem is you can’t only do it for one; if you do it for one, you have to do it for everyone. “I just want to make it clear whose responsibility it is to clean and make (sidewalk) repairs,” Wolak added. “I just cautioned the council as to what the costs would be in the future.” In particular, Hemlock Drive represents a conundrum since part of it, officials feel, had sidewalks and trees installed by the developer. However, builders weren’t necessarily required to do the same for the rest of the street. Since the sidewalks were put in, roots from some of those trees, some of which have since been removed, have exerted upward pressure on sidewalk slabs, forcing them several inches above other connecting sections. That may represent a “liability waiting to happen,” in the words of one borough official. “But I want to make it clear: we’re not trying to shirk our responsibility,” Wolak reiterated. “We just want to make things clear. It can sound like a minor or insignificant issue, but once you look into it, it can be very significant.”