First Hearing Report
Evergreen Cemetery Watershed
Drainage Petition per O.R.C. 6131
September 8, 2025
This report has been prepared for the preliminary hearing on a drainage improvement petition filed by the Trustees of Berlin Township on February 19, 2025. The original petition has been signed by 1 entity representing 1 of the 2 parcels in the watershed.
The course and termini of the requested improvements are quoted from the petition as follows:
“In Delaware County, Berlin Township, within the Evergreen Cemetery watershed and generally following, but not limited to, the course and termini of the existing improvements.”
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.”
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 June 16, 2025. 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 watershed using onsite evaluation, and a review of available historic records, aerial photography, topographic mapping, soils mapping, and drone video:
• The Evergreen Cemetery watershed, as defined for this hearing, measures approximately 11 acres. The current landuses in the watershed are cemetery and woodland.
• There is an existing 6”-8” subsurface drain existing in the area of concern. The exact path of this subsurface drain was not able to be identified, but the outlet location was verified.
• There is an existing open swale through the wooded area that flows to the south and junctions with the Havens #503 historic open channel which is not maintained at this location however it is downstream of and is the outlet channel for the Peachblow/Connor Lane #1203, Havens #1814, and Griffith #391 Drainage Maintenance Projects.
• The open swale is heavily grown over with brush in places and there were numerous logjam and debris obstructions observed within the channel.
• The existing drainage system does not appear to be functioning at optimum capacity due to a lack of comprehensive maintenance and the generally deteriorated condition of the infrastructure as evidenced by observed conditions such as ponded water and saturated soil conditions within the Evergreen Cemetery. While the system may still provide some degree of drainage benefit, it does not appear to be functioning 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 junction of the existing open channel with the Havens #503 channel and extend upstream approximately 640 feet to the Evergreen Cemetery to meet the request of the petition. The major items of work would include open channel reconstruction, surface drain shaping and grading, subsurface drain pipe replacement, clearing of brush and vegetation, seeding and mulching of disturbed areas, and the installation of erosion control measures.
Project Estimate
Construction $ 19,122.30
Project Administration, Survey, and Engineering $ 1,912.23
(10% of construction estimate)
Drainage Maintenance (O.R.C. 6137) first year start up $ 956.11
(5% of construction estimate)
TOTAL PROJECT ESTIMATE: $ 21,990.64
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 20% contingency would add approximately $4,400 to the construction estimate.
• This estimate assumes complete reconstruction of the drainage system will be necessary. If during the course of survey and engineering, components of the system are found to not require improvement, they may be considered for acceptance onto the Drainage Maintenance program in their present condition.
• 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 human methods shall be considered to be benefited by an improvement that is 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 watershed.
2. Improved outlet for subsurface drainage components of household sewage treatment systems and for residential drainage systems.
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.
3. Removal of existing trees and brush in improvement area.
Benefits versus Cost
Assessments for property within the watershed are calculated based on the benefits derived from as well as the contribution to the drainage system. Cemeteries benefit from good drainage in a variety of ways. Poorly drained soils can often lead to water accumulation during grave excavation and can also make normal management activities such as grass establishment and mowing difficult as well as lead to degradation of monuments, markers, and drives and walkways. The lack of good surface grading can result in areas of ponded water limiting access. In short, a good and sufficient drainage outlet is essential to the effective management of a cemetery.
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.
Prepared by, Approved by,
______________________ ________________________
Bret Bacon Chris Bauserman P.E., P.S.
Deputy Administrator Delaware County Engineer
Delaware Soil and Water Conservation District