First Hearing Report
Homestead Lane North Watershed
Drainage Petition per Ohio Revised Code Sec. 6131
December 15, 2025
This report has been prepared for the preliminary hearing on a drainage improvement petition filed by David A. Wolf and others on July 1, 2025. The original petition has been signed by 6 individuals representing 8 of the 19 parcels in the watershed.
The course and termini of the requested improvements are quoted from the petition as follows:
“In Delaware County, Delaware Township, within the Homestead Lane North 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 Rev. Code which authorizes a 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 Rev. Code 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 October 13, 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 watershed area evaluated consists of an upland area of residential development in the vicinity of the Homestead Lane right-of-way that is part of the Homestead Acres subdivision, platted in 1956. Construction of homes within this area began sometime between 1957-1964. There was no comprehensive stormwater drainage system designed or constructed as part of the development of this area. A small subsurface drain has been identified as serving part of the area but the outlet for this subsurface drain cannot currently be identified.
The drainage system as a whole, in this area, does not appear to be functioning as a good and sufficient outlet. There is a generally deteriorated condition of any existing infrastructure due the absence of any engineering of the drainage system and to the lack of comprehensive maintenance. The lack of uniform surface grading has led to significant ponding in many areas which are exacerbated by the lack of a functional subsurface drainage system. These conditions are indicators of an overburdened and unmaintained drainage infrastructure. While the existing 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
Rev. Code Sec. 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 for State Route 37 W approximately 100 feet west of Homestead Lane and extend upstream approximately 1,800 feet to the south to meet the request of the petition. The primary items of infrastructure proposed are the installation of storm sewer and associated drainage structures, the relocation of utilities, and the seeding and mulching of disturbed areas.
Construction $ 195,000.00
Project Administration, Survey, and Engineering $ 22,500.00
Drainage Maintenance (O.R.C. 6137) first year start up $ 10,000.00
Contingency $ 20,000.00
TOTAL PROJECT CURRENT VALUE ESTIMATE: $ 247,500.00
NOTES:
• It is important to understand that the above estimates are preliminary and made in the absence of a current detailed investigation of the area. Should the petition be approved to move forward, a detailed analysis will be performed to establish the capacity and condition of the existing infrastructure.
• Should the project fail to be approved at the final hearing the benefiting land owners, as defined by Rev. Code Sec. 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 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. Rev. Code Sec. 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 Rev. Code 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.”
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. For residential properties, the lack of an adequate drainage outlet can negatively impact the condition of household sewage treatment systems, potentially limiting the value of the home for resale. Should the existing system fail, the cost to perform repairs, or construct an alternate sewage treatment system, can range from the thousands to tens of thousands of dollars. It would also be reasonable to consider the cost of environmental degradation due to residential sewage treatment systems that may not be functioning properly. Other benefits that are commonly perceived as a result of drainage improvements focus on quality of life and positive neighborhood perception. Communities that have planned and maintained storm water drainage infrastructures generally have higher resale values than those communities that are known to have a history of drainage problems or flooding.
For roadway drainage, the lack of an adequate outlet can lead to standing water on the roadway surface resulting in traffic safety hazards and increased routine maintenance of the roadway surface.
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. However, the testimony brought to the Board by the landowners 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