Chapter 4, Article 6, Road Right-of-way Policy Modification, clarified that the homeowner is responsible for maintaining pipes under driveways (culverts).
At the August 16, 2023, Board Meeting, Hot Springs Village POA Public Services Director Ken Unger discussed an amendment to Chapter 4, Article 6, Road Right-of-way Policy. Board Member and Liaison to the Public Services Committee, Larry Siener presented the motion. Let’s dig in.
Unger explained, “Since I came to this position [HSVPOA Public Services Director], there has been a lot of confusion about the pipes [culverts] installed under private driveways – not only who owns them, but who is responsible for them – who is responsible for determining the proper size – who is responsible for keeping them clean.
Unger said that often, during the rainy seasons, pipes under driveways become clogged.
The modification to the Road Right-of-way Policy clarifies that the residents own the responsibility [to keep the pipes (culverts) under their driveways clear.
“The pipes [culverts] under the residents’ driveways, are owned by the residents. If you install a pipe in the road right-of-way – in the ditch – under your driveway, you own it.”
Ken Unger, HSVPOA Public Services Director
Unger said another problem is that some pipes under the driveways are not adequately sized. The POA has never been responsible (from what Unger can determine) for actually sizing culverts under property owners’ driveways. Unger said, “The POA is not in the business of engineering the driveway culverts.”
The modified policy says that it is incumbent upon the residents to ensure that when they install a pipe under their driveway, the size, to the best of their ability, is sized properly for the amount of water it needs to carry. Sometimes, a neighbor may have a 24″ culvert, and if yours is only 12″, there might be a problem. Hopefully, homebuilders will look upstream and adequately size the pipes under the driveway. Unger said the POA is available to advise, and he can offer suggestions. Again, this is not a POA obligation.
Unger stated, “At a minimum, we are asking for residents to install nothing smaller than a 15″ [culvert/pipe under the driveway], and that is based on our experience that the 12″ culverts” that are located in the historic area of Hot Springs Village clog easily,
Unger said a minimum 15″ under-the-driveway culvert size was established several years ago. This makes sense, and we are reinforcing that in the policy document.
The Public Services Director shared that the POA sees a lot of instances where property owners do not maintain their culverts or put stones in front of them, which impedes the water flow. When heavy rains come, water washes over their driveway. Over time, this water can deteriorate the driveway. Sometimes, a neighbor’s landscaping is washed out because the water is not properly routed. An improperly maintained culvert can cost money for landscaping and driveway repair in the long run.
Vice Chair Gary Belair said that there are flat driveways without culverts.
The motion unanimously carried.
Cover Image: (left to right) HSVPOA Board Members: Larry Siener, Bruce Caverly, Bob McLeod, Chair Joanie Corry
By Cheryl Dowden
Contact Information for Public Services Director
Ken Unger
Director Public Services
Hot Springs Village
501-226-9609
Kunger@hsvpoa.org
If the POA approves all building permits I would expect
that they are also responsible that all construction within the village complies with building codes. I don’t see how a homeowner buying an existing home is responsible for proper culvert size.
Haha, no such thing as building codes in the village, sadly.
Good information and guidance. Thanks Cheryl and Ken.
Thank you, John and you are very welcome. Have a great weekend!