Final Hearing Report
Daventry Park
Drainage Petition per Ohio Revised Code Sec. 6131
October 28, 2025
This report has been prepared for the final hearing on a drainage petition filed by the Daventry Park Association on September 6, 2022. The petition was signed by representatives of 19 out of the 63 lots in the subdivision.
The general location and course of the requested improvements are quoted from the petition as follows:
In Delaware County, Liberty Township, within the Daventry Park Section 1 Phase 2, Daventry Park Section 1 Phase 4, and Daventry Park Section 1 Phase 5 subdivision and generally following, but not limited to, the course and termini of the existing improvements.
The following is the nature of the work petitioned:
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 and laterals, as requested, by this petition, and to maintain these improvements per the associated engineering plans.
Petition Process
This petition has been submitted according to section 6131 of the Ohio Revised Code, which authorizes the County Commissioners to act on behalf of benefited property owners to make drainage improvements as requested by the petitioners. If the Commissioners decide to proceed with a project, the costs related to the improvements are collected via special assessment to the landowners in the subdivision. The construction assessments would be placed on the property tax bills of the benefited landowners and can be spread over a maximum of 15 years with 30 semi-annual installments depending on the method of payment chosen by the Commissioners. Additionally, the existing stormwater system will be added to the Delaware County Drainage Maintenance District per Ohio Rev. Code Section 6137 and assessed for maintenance in the same manner as other parcels included in the Drainage Maintenance District. The special maintenance assessments that follow this action would appear on each property’s tax duplicate semi-annually. The cost of maintenance is assessed against the taxable value of the property, and the current assessment rate is 0.3 mils.
The decision to approve a petition project is a 3-step process. First, a viewing of the proposed drainage petition is conducted for the Commissioners to familiarize themselves with the site. The commissioners conducted the viewing for this project on December 12, 2022. Next, a preliminary hearing is held to consider the initial feasibility and benefit of the request. This hearing was held March 2, 2023. At this first hearing, the Commissioners found in favor of the petition. They requested the Delaware County Engineer and the Delaware Soil and Water Conservation District to proceed with the detailed inspection and assessment of the storm water system, the development of engineering plans and specifications, and the development of the schedule of assessments. It is this information that is before the Board of Commissioners at this second and final hearing.
Existing Conditions
The Delaware Soil and Water Conservation District performed an inventory and evaluation of the existing storm water drainage system. The system generally appears to have been installed and is functioning per the original engineering plans and is in good condition. There are a significant number of trees within the existing drainage easement area which are limiting access to the infrastructure. It will be necessary to remove all trees within ten feet of the storm pipe to allow for inspections and routine maintenance. Additionally, a section of the original storm pipe is under a patio and pool. This section of storm pipe will need to be relocated so that it is not under a permanent structure. These items will need to be completed prior to acceptance of the stormwater system onto the Drainage Maintenance program.
Construction and Maintenance Cost Estimate
Construction costs for the project would be estimated as follows:
Storm Pipe Reroute $ 15,000.00
Tree Clearing $ 95,300.00
Construction Subtotal $ 110,300.00
Administrative & Engineering Costs $ 5,013.44
Estimated Damages $ 10,325.00
Construction Inspection $ 5,000.00
Contingency $ 25,000.00
TOTAL CONSTRUCTION ESTIMATE: $ 155,638.44
These construction costs will be divided equally among the 63 properties in the subdivision producing a per lot construction assessment of $2,470.45.
The estimated current value of the stormwater system infrastructure within the Daventry Park subdivision is $532,460.95. If approved, this amount would be added to the overall base value of the Drainage Maintenance District. The average annual maintenance assessment to be collected is $82.95 with the minimum collection being $61.63 and the maximum being $178.32.
Recommendations
Based on the information gathered for this petition request, it is my opinion that this project meets the conditions for approval set forth in Ohio Rev. Code Sections 6131.12 and 6131.21. Furthermore, the parcel assessments for this project are within the range of assessments that can be expected for a project of this scope. The testimony brought to the Board of Commissioners by the landowners regarding the impacts of the construction portion of the project and 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 Board of Commissioners choose to move forward with this project and affirm the order to proceed, I would request a separate resolution confirming the schedule of construction assessments and ordering the project to be advertised for competitive bid per Ohio Rev. Code Section 6131. The resolution shall also determine the period of time, in semi-annual installments, as taxes are paid, shall be given the owners of land benefitted to pay the construction assessments. I would also request a separate resolution that the Daventry Park Section 1 Phases 2, 4, and 5 be accepted into the Delaware County Drainage Maintenance District and that the schedule of maintenance assessments be approved and confirmed as submitted. I would also request that the parcel list be certified to the Delaware County Auditor for special assessments for the Daventry Park Section 1, Phases 2, 4, and 5 as part of the Delaware County Drainage Maintenance District to begin in January 2027.
If the Board of Commissioners chooses to dismiss the petition, I would recommend a resolution reflecting that decision and that the costs for the proceedings, including the costs incurred by the Board of Commissioners, the County Engineer, and the Delaware Soil and Water Conservation District in making the reports and schedules be distributed to the benefiting property owners in the same ratio as determined in the final estimated assessments presented at this hearing. This amount is estimated to be $3,750.
Prepared by, Approved by,
______________________ ________________________
Bret Bacon Chris Bauserman, P.E., P.S.
Deputy Administrator Delaware County Engineer
Delaware SWCD