Frequently Asked Questions (FAQ) Sheet
Final Hearing
Daventry Park Drainage Improvement Project

1. What does this notice pertain to?
This notice is for the Final Hearing for the Daventry Park Drainage Improvement Petition. The 1st Hearing for the project was held March 2, 2023. At that hearing, the Delaware County Commissioners approved the project to move forward to investigation and the development of engineering plans, cost estimates, and a schedule of assessments to the benefitting properties. These items will be under consideration at this Final Hearing.

2. Why is there a petition for this project?
Drainage infrastructure within Ohio is the responsibility of private landowners. The drainage petition process, authorized by Section 6131 of the Ohio Revised Code, allows landowners to request Delaware County to construct and maintain drainage improvements on private property. In the absence of a drainage petition project, the construction and maintenance of drainage infrastructure remains the responsibility of private landowners.

3. How are drainage petition projects paid for?
The costs are covered by special assessments to the properties that are within the watershed, or benefit area, of the project. Petition projects are entirely landowner-driven and landowner-funded. The petition process then allows Delaware County to expend these funds to construct and maintain the improvements.

4. Why am I receiving this notice?
The Ohio Revised Code (state law) considers all landowners within the watershed, or drainage area, of a project as benefitting from the improvements. Essentially the law equates benefit to use. If you are receiving this mailing, a property owned by you is located within the Daventry Park subdivision and benefits from the stormwater infrastructure within the subdivision

5. Is this a bill?
No. The estimated assessment amount shown on your notice is the maximum amount that would be assessed to you for construction IF the County Commissioners approve the project. If the project is approved, you will have thirty days from the date of the Final Hearing to pay the assessment to the County Commissioners in full. If you choose not pay the assessment within thirty days, it will be placed on your real estate taxes as a special assessment for a period of time to be determined by the Commissioners not to exceed fifteen years.

6. What will happen at the Final Hearing?
The County Engineer and Soil and Water Conservation District will make a short presentation to the explain the proposed project. The Commissioners will then hear testimony from any benefitting landowners who wish to speak. After all testimony has been heard, the Commissioners may choose to make a decision on the project, or they may choose to recess to further consider their decision. The Revised Code instructs the Commissioners to base their decision on three factors: (1) is the project necessary; (2) is the project conducive to the public welfare; and (3) are the costs of the proposed improvement less than the benefits derived?

7. Who may testify at the Final Hearing?
Only an “owner”, as defined in Rev. Code 6131.01(A), is permitted to testify at the hearing. Other interested parties, such as heirs, children, or spouses will not be permitted to testify if they do not meet the statutory definition. This a provision of state law and not a policy of the County Commissioners. An owner may retain legal counsel or other experts to assist them with the presentation of their testimony, but the testimony will be limited to the owner.

8. What happens after the Final Hearing?
If the County Commissioners deny the petition, the project does not move forward to construction. The Commissioners may choose to assess the costs for administration and engineering to the benefitting landowners in the same ratio as presented in the estimated schedule of assessments. The Commissioners approve the petition, the County Engineer moves forward to competitive bid for construction. By law, a bid for construction may not exceed the Engineer’s estimate. If the project is constructed for less than estimated, the final schedule of assessments is reduced pro rata, and refunds are made to those who paid upfront.

9. What work is to be performed if the petition is approved?
Construction work will include the removal of trees and vegetation from the platted drainage easement in proximity to the stormwater infrastructure and the reroute of a section of the existing stormwater infrastructure.

10. Is the construction assessment the only cost for the project?
No. By law, all completed projects are placed on the Delaware County Drainage Maintenance Program and maintained in perpetuity. Specifically, the Daventry Park subdivision would be added to the Delaware County Subdivision Drainage Maintenance District. Assessments for projects within the Drainage Maintenance District are calculated based on the taxable value of a property. The current rate for assessments is 0.3 mils. The amount equates to $30 annually for every $100,000 in valuation.

11. How can I find more information?
Please call the Soil & Water Conservation District’s office at 740-368-1921 and ask to speak to someone regarding the Daventry Park drainage petition project.