First Hearing Report
Big Bear Farms 2-2 & Golf Village Watershed
Drainage Petition per O.R.C. 6131
May 13, 2024
This report has been prepared for the preliminary hearing on a drainage improvement petition filed by The Homeowners Association for Big Bear Farms on November 21, 2023. The original petition has been signed by 1 individual representing 2 of the 31 parcels in the watershed.
The course and termini of the requested improvements are quoted from the petition as follows:
“In Delaware County, Liberty Township, within Section 2 Part 2 of the Big Bear Farms subdivision and generally following, but not limited to, the course and termini of existing improvements. This specifically includes, but is not limited to, the retention ponds located within Big Bear Farms subdivision, immediately south of Seldom Seen Road.”
The following is the nature of the work requested, as quoted from the petition:
“To generally improve the drainage, both surface and subsurface, to a good and sufficient outlet, by replacing, repairing or altering the existing improvements as required and/or creating new surface and subsurface drainage mains or laterals, as requested, by this petition, and to maintain these improvements.”
Petition Process
This petition has been submitted according to Section 6131 of the Ohio Revised Code (O.R.C.), which authorizes the Board of Commissioners to act on behalf of benefited property owners to make drainage improvements. If the Board of Commissioners decides to proceed with a project, the costs related to the improvements and the development of plans, reports and schedules are assessed to the landowners in the watershed according to the benefit received to their watershed acreage. These special assessments will be added to the property taxes for each property and can be spread over a maximum of a 15-year period. Property owners may also choose to pay their assessment in a lump sum payment prior to placement on their property taxes. Additionally, the improvements will be placed on the Delaware County drainage maintenance program in perpetuity, per O.R.C. Section 6137, and the annual maintenance assessment will appear on property tax statements as a special assessment in the same manner as the construction assessments. These annual maintenance assessments are generally in the range of two to five percent of the construction assessment.
The decision to approve a petition project is a 3-step process. First, a viewing of the proposed improvement is conducted for the Commissioners to familiarize themselves with the watershed and general conditions. The Commissioners conducted the viewing for this project by drone video on February 22, 2024. Next, a preliminary hearing is held to consider the initial feasibility of the proposal. It is this preliminary First Hearing that is before us today. If this petition is approved, a final hearing will be conducted to further consider this petition. At that time, final details such as engineering plans and specifications, cost estimates, and a proposed schedule of assessments will be known.
Existing Conditions
The Delaware Soil & Water Conservation District and Delaware County Engineer’s Office have made the following observations of the project area using onsite evaluation, and a review of available engineering plans, aerial photography, topographic mapping, and drone video:
• The Big Bear Farms 2-2 subdivision was designed to drain from south to north under Seldom Seen Road. Low flow discharge was intended to discharge to an existing subsurface drain pipe. Higher flows, or storm routing, was intended to discharge through a constructed swale on the Golf Village Property Owners Association parcel in the Golf Village Section 1 Phase A subdivision.
• The subsurface drain pipe intended for low flow discharge cannot be located and is assumed to not be functional.
• All drainage discharge is now flowing through the storm routing swale. The grade line of this swale is uneven and does not match the original engineering plans. As a result, the swale and surrounding area presents a mostly saturated condition and is overgrown with vegetation which affects the overall performance of the drainage system.
These conditions are indicators of an overburdened and unmaintained drainage infrastructure. While the existing drainage system still provides some degree of drainage benefit, it does not appear to function as a good and sufficient outlet.
Estimate of Cost, Factors Favorable/Unfavorable, Benefit vs Cost
O.R.C. 6131 requires the County Engineer to state, in a report, factors favorable and unfavorable to a proposed project, estimate the cost of the project, and state an opinion as to whether the benefits of the project exceed the cost. The following information is presented for your consideration:
Construction Estimate
The proposed project would begin at the right-of-way on the north side of Seldom Seen Road and extend downstream to the north approximately 500 feet to the first retention pond on the Golf Village property. The primary items of work would include surface drain shaping and grading, the installation of subsurface drain pipe, removal of brush and vegetation, and seeding and mulching of disturbed areas.
Project Estimate
Construction $ 36,105.65
Project Administration, Survey, and Engineering $ 3,610.57
(10% of construction estimate)
Drainage Maintenance (O.R.C. 6137) first year start up $ 1,805.28
(5% of construction estimate)
TOTAL PROJECT ESTIMATE: $ 41,521.50
NOTES:
• It is important to understand that the above estimates are preliminary and made in the absence of a current detailed topographic survey of the project area.
• The above estimate does not contain a contingency amount. The amount of necessary contingency would be evaluated as part of the survey and engineering design of the project, and added to the estimate presented at the Final Hearing. Contingency cost is typically estimated at 15-20% of the final construction estimate. As an example, a 15% contingency would add approximately $6000 to the construction estimate.
• Should the project fail to be approved at the final hearing the benefiting land owners, as defined by O.R.C. 6131, may still be responsible for the cost of project administration, survey, and engineering design.
Assessments
If the project moves forward to the second hearing, the Ohio Revised Code instructs the County Engineer to calculate the assessments to individual property owners based on the benefits received from the improvements for the various properties in the watershed. O.R.C. 6131 states that “uplands that have been removed from their natural state by deforestation, cultivation, artificial drainage, urban development, or other manmade causes shall be considered as benefited by an improvement required to dispose of the accelerated flow of water from the uplands.” Benefits are further defined by the O.R.C. as “elimination or reduction of damage from flood; removal of water conditions that jeopardize public health, safety, or welfare; and increased value of land resulting from the improvement.”
It should be noted that property owners are only assessed for those improvements that are located downstream from their properties. No property is assessed for improvements located upstream. The public agencies that own rights-of-way for public roads and other public lands are also assessed for both construction and maintenance costs in the same manner as private property owners.
Individual parcel assessments are not calculated for the preliminary hearing and are only calculated if the petition moves forward to a second, or final, hearing.
Factors Favorable/Unfavorable
Factors favorable to the improvement:
1. Improved surface and subsurface drainage in the area.
2. Improved outlet for existing stormwater system features.
3. Reduction of future deterioration of surface and subsurface drainage infrastructure.
4. Annual inspections, maintenance, and protection of the improvement in perpetuity.
Factors unfavorable to the improvement:
1. Temporary land use disruption during construction.
2. Cost of construction and maintenance may be a burden to some landowners.
Benefits versus Cost
The lack of an adequate storm water outlet for residential subdivisions can negatively impact the drainage within the subdivision potentially limiting the value of homes for resale. Should the existing system require repair, the costs can be excessive for individual property owners. Communities that have planned and well-maintained storm water drainage infrastructures generally have higher resale values that those communities that are known to have a history of drainage problems or flooding. Other benefits that are commonly perceived as a result of drainage improvements focus on quality of life and positive neighborhood perception.
Conclusions
Based on all of the information gathered and generated for this project, I believe this project is technically feasible and would adequately serve the project area’s drainage needs. The testimony brought to the Board by the landowners, however, as to whether the benefits of this project exceed the costs, should be given significant consideration in the decision to move forward with this project.
Should the current petition be approved to proceed to a final hearing, the petition bond will be returned and detailed plans, specifications, estimated costs, and a schedule of assessments would be prepared. Additionally, a benefit versus cost analysis will also be performed to further determine the feasibility of advancing this proposed project.
Prepared by, Approved by,
______________________ ________________________
Bret Bacon Chris Bauserman P.E., P.S.
Deputy Administrator Delaware County Engineer
Delaware Soil and Water Conservation District