(a)   (1)   The Village of Richfield shall furnish the culvert pipe and materials for the driveway and ditch areas between private property and the street. The pipe and materials will be based on the quote prepared and estimated by the Highway Maintenance Supervisor.
      (2)   Such pipe shall conform to the specifications as set forth by the Ohio Department of Highway Construction and Material Standards, and the approval of the Director of Public Service.
      (3)   Such driveway pipe shall be of a minimum length of thirty feet and minimum diameter of twelve inches. The pipe may be larger if the flow for the area and/or the Village Engineer recommend a larger diameter pipe.
   (b)   The Village shall furnish all labor necessary for the placement of the culvert pipe under the driveway and ditch areas between private property and the street.
   (c)   The Village shall be indemnified and held harmless from all liability for any damages by reason of such placement.
   (d)   The property owner shall make application for a driveway or ditch elimination to the Director of Public Service on forms provided by the Director.
   (e)   No person shall place, or cause to be placed, any culvert pipe or ditch pipe in or under a driveway or in any ditch areas between private property and the street.
   (f)   The Director and Highway Maintenance Supervisor shall determine the need of a ditch elimination based on the following criteria:
      (1)   The ditch is deeper than 24 inches and does not meet or cannot meet a 3:1 or better standard for property maintenance;
      (2)   The ditch poses a driving hazard;
      (3)   The ditch is too close to the edge of the pavement for an appropriate transition between the road and the yard area as per the Ohio Department of Transportation standards;
      (4)   The ditch is clearly unable to be maintained due to the depth, width and size of ditch opening; or
      (5)   Developments with designed storm water retention and open ditches shall comply with the plan as designed and approved.
   If a hazard or need arises for further review of the ditch line, the Village will review the site with the Village Engineer to determine the best action for the circumstances present.
(Ord. 45-2003. Passed 6-3-03.)