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Commissioner
Genter opened the hearing and turned the discussion over to Rod
Creager, Chief Deputy Engineer. Mr. Creager briefly explained
the ditch petition and then gave his preliminary report as
follows:
PROJECT INITIATION
This drainage improvement was initiated through a single county
drainage petition filed by Mr. Donald Anderson and others in
April this year. The petition calls for the installation of a
new storm drain and appurtenances across the frontage of his
property at 4457 County Road 1 located in Swancreek Township,
Fulton County, Ohio. It was the intent of the petition to
provide a modern storm drainage system to replace an existing
8-inch drain tile along Road 1.
The proposed improvement was petitioned to begin approximately
395 feet south of the east quarter corner of Section 25, T-7-N,
R-8-E, on the west side of Road 1. From there, the improvement
is to proceed downstream to the north for a distance of 627 feet
along the west right-of-way of Swancreek Township Road 1,
following and replacing an existing 8-inch drain terminating at
an existing catch basin at the west end of a 12-inch crossover
to an open ditch east of Road 1.
A viewing of the project was conducted by the Board of County
Commissioners, Fulton County, on Thursday, June 25, 2009.
There is no record of the existing clay tile that was likely
installed at the time o some past road improvement. Typically
6-inch tile was used for basic roadside drainage. The fact that
the existing tile is an 8-inch suggests that it also provided an
outlet for drainage from adjacent property. Swancreek Township
maintains the tile as needed.
PROJECT OBJECTIVES
The primary objective of this project is to install a new high
quality storm sewer to provide an outlet for seasonal standing
water on the Anderson property. The outlet is needed to respond
to past and pending court action as well as to answer certain
zoning issues related to drainage, grading and lot filling.
Another objective is to provide a permanent maintenance program
for the improvement.
PROBLEMS OBSERVED
There were no obvious drainage problems observed on the day of
the view other than brush and some sediment in the open ditch
that serves as the outlet for the tile in question. There was
evidence of past seasonal flooding in some lawn areas and the
wooded areas surrounding nearby residences.
Evidence was offered by several land owners in attendance that
there has been a long history of drainage issues in the
neighborhood over the years. The petitioner, Mr. Anderson, had
been sued several times by his neighbors. Mr. Anderson was at
some point during past court proceedings directed to connect a
tile from his lot into the 8-inch tile along Road 1 in front of
his property. When he approached the township about connecting
to the roadside tile his request was denied by the trustees due
to their policy of not allowing drainage connections to roadside
tiles. The only storm water the township will allow to be
drained into road tile is storm water that can drain into the
system via existing catch basins.
Faced with yet another law suit, Mr. Anderson was referred to
the county engineer's office for a recommended solution. Since
Mr. Anderson could not connect to the township tile he was
advised that his only relief was to petition for a drainage
improvement.
Landowners at the viewing stated that they did not have any
major drainage problems that needed attention and did not need a
more dependable high quality storm water outlet. They gave the
impression that the seasonal high water in the area was
tolerable and that Mr. Anderson was the only person in the
neighborhood with a problem.
The drainage issue on the Anderson property seems to stem from
that fact that a wide swale that at one time crossed his
downstream neighbor's lot was filled when that lot was
originally developed, thereby obstructing the natural flow of
storm water from his property. USGS stream maps bear this out
(See the attached Exhibit). The owners involved in the pond
construction and lot filling downstream have long since moved
away, but many similar drainage problems in the township today
are the result of the unregulated strip development similar to
that in this area that once took place in the township. Mr.
Anderson's attempts to fill and grade on his own lot only
aggravated the problem, causing water to stand on his property.
WORK PROPOSED
Based upon the testimony offered at the viewing of this
improvement no work is needed on the existing drainage outlet
along Road 1 as originally proposed. Therefore, it is
recommended that the scope of the petition should be changed.
There will be no work along Road 1.
The revised work plan will consist of installing a new 8-inch
diameter tile from the catch basin opposite the head of the open
ditch on the west side of Road 1 to the south, just behind the
township right-of-way, to a point about twenty-five (25) feet
inside Cleland's south property line. From there the 8-inch
tile is proposed to continue to the west parallel with Cleland's
south property line to the low area at the north side of the
Anderson property, terminating approximately where the original
swale left the Anderson property. A junction structure will be
installed where the new tile turns west and a new catch basin is
proposed on Anderson's property at the upper terminus of the
improvement. Solid conduit will be used and the only open catch
basin will be on the Anderson property.
In addition to the new outlet, a pipe 12-inch pipe will be
installed through the embankment at the south side of Anderson's
pond to allow the standing water in the woods to the south to be
drained. A lot line swale will be cut between the Anderson and
Winkler properties to direct surface water to the new catch
basin.
Erosion control measures will be incorporated in the work plan.
All disturbed lawns, pastures, and rights-of-way will be
restored.
Traffic control and incidental items associated with the
installation of this drainage system will also included in the
work plan.
A temporary construction easement will be established along the
line of the improvement.
CONSTRUCTION
ESTIMATE
The attached preliminary construction estimate is based on
information that was obtained through aerial photos and field
observations. The estimated cost to install the new tile and
appurtenances is $25,269.20. This estimate includes engineering
and administrative costs.
The final detailed construction estimate, based upon a complete
engineering survey will be used to determine the estimated
assessments for each parcel. Assessments will be considered at
the final hearing on this proposed improvement. Upon completion
of the project work plan, actual assessments will be prorated to
reflect the final cost of the work completed.
PROJECT BENEFITS
AND ESTIMATED ASSESSMENTS
Assessments for the proposed improvements are be based on the
benefits received from improved drainage. The type and quantity
of drainage runoff contributed by each parcel is a
consideration. The location of a parcel relative to the
location of the work is also considered.
Rural
residential properties benefit from improved drainage by
increasing or maintaining their property values. According to
local real estate sources, as a general rule, properties
suffering from standing water throughout their entire yards are
often judged to be devalued as much as 20% to 30%. Properties
with some standing water could be devalued as much as 10% to
20%. Areas that suffer even the stigma of standing water could
be devalued by 5% to 10%. Without good drainage outlets septic
systems do not function property leading. Standing water can
also contribute to mosquito control problems and other health
issues.
It is
expected that the benefits Anderson will derive from this
proposed improvement over a 20-year useful life will be greater
$98,000.00 in property value and will exceed the estimated
project costs by a ratio of over 3:1.
MAINTENANCE
The Ohio Revised Code requires that all drainage improvement
projects be placed on a permanent maintenance program.
Maintenance activity is limited to the maintenance of the items
originally constructed. Maintenance is paid for by periodic
ditch maintenance assessments to the parcels in the watershed.
The amount of the maintenance assessment is in proportion to the
original ditch assessment for each parcel.
The revised code provides for the right of access to drainage
lines and open ditches to perform maintenance activities. The
permanent maintenance access easement for this improvement will
be forty (40) feet in width centered on the tile.
APPARENT FAVORABLE
FACTORS
1. Mr. Anderson's property values will be improved or
protected.
2. The outlet will be placed on permanent maintenance that
will insure that the drain can be kept clean and free flowing
and will protect Mr. Anderson's investment in this proposed
improvement.
APPARENT
UNFAVORABLE FACTORS
1. Temporary lawn and landscaping damage can be expected
during construction.
2. Periodic production loss and inconvenience may result
from future maintenance activity.
PROJECT
FEASIBILITY
This project work plan is feasible and can
be economically completed through the drainage improvement
petition process.
Mr. Creager addressed questions from those
in attendance. After discussion with the other landowners that
were present, they don’t have a problem with getting Mr.
Anderson an outlet, but they do not want to be assessed. Mr.
Creager stated that is possible, but if Mr. Anderson is the only
benefiting landowner, the other landowners will not be allowed
to hook into the new tile. He stated that if any of the
landowners need drainage, now is the time.
Mr. Genter stated that testimony will be
taken at the final hearing when the surveys are complete and the
plans and report from Swancreek Township is available.
After deliberations, Commissioner Genter
made the motion to order the engineers office to draw up plans,
surveys and tentative assessments and Commissioner Barnaby
seconded the motion. Motion carried unanimously.
The final engineers report will be due
October 29, 2009 at 10:00 a.m. A final hearing will be set at
that time. |
