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Excerpts from October 6, 2011 BOCC Work Session Abstract (Note: The text below references “Attachment 2” and these materials have been included as part of this attachment for the Planning Board) Issue As much as a county may desire to provide pedestrian facilities in its jurisdiction, there are challenges in actually being able to do so. In North Carolina, the Department of Transportation (DOT) does not build nor maintain sidewalks (see materials in Attachment 2 - pages 14 and 15 [bottom of page] in particular). Although the materials in Attachment 2 are geared towards municipal governments, they are also largely applicable to any county government that chooses to provide sidewalks within its jurisdiction. The DOT will work with the local government to provide sidewalks within road right-of-way if the local government agrees to pay for construction costs (or portions thereof, in certain cases) and assume maintenance and liability for the sidewalk. Orange County (as well as most, if not all, counties in North Carolina) does not maintain local streets within its jurisdiction; public roadways are part of the State Maintained System. In municipalities, streets are generally maintained by a municipal public works crew and the municipality has the staff and equipment to do so. Municipalities receive some funding from the State through the Powell Bill to perform this task. Any necessary sidewalk maintenance (if sidewalks are provided within the municipality) is achieved by either the public works crew or, more recently, by a Homeowners Association (HOA) or Property Owners Association (POA) if the HOA or POA is a party to the required maintenance agreement between the local government and DOT. Existing Development vs. New Development Providing sidewalks in areas that are already developed is a particular challenge. A local government may require, through its zoning or subdivision regulations, that new development provide a sidewalk (either within the road right-of-way or on private property via an easement). A local government may also require that the property owner(s) maintain the sidewalk, although this becomes more difficult to achieve in the absence of an HOA or POA. The issue of liability needs to be addressed but very few, if any, property owners seem willing to take on liability of a sidewalk for public use, even if located within an easement on their property. The local government would likely have to accept any liability for the sidewalk. In the case of existing development, especially if there is not an existing HOA or POA, construction and maintenance of sidewalks is more difficult. Funding for construction of a sidewalk must come from the local government, with the potential for some cost sharing with DOT (see materials in Attachment 2 for potential cost sharing information [pages 10 through 15 – bottom of page – in particular]). The local government may use funds from its General Fund, designated bond funds, Powell Bill Funds (if the local Attachment 1 131