Delaware County commissioners dismiss Daventry Park drainage petition after residents object to tree removals

The Delaware County Board of Commissioners voted 3-0 to set aside a prior order and dismiss the petition to add the Daventry Park subdivision to the county drainage maintenance program, citing new information that the board said changed the benefits-versus-costs analysis.

Commissioner Lewis moved for dismissal under resolution 26-255, saying testimony and documentary evidence introduced at the final hearing indicated the project no longer met the statutory factors the board must weigh. The board recorded the affirmative vote from Mr. Merrell, Mr. Benton and Commissioner Lewis.

At the hearing, Brett Bacon, deputy administrator of the Delaware Soil and Water Conservation District, presented the final hearing report. Bacon said a camera inspection found the drainage system largely functional but noted two issues: an 18-inch storm line that is conflict with a private pool/structure would need rerouting, and large, mature trees have been allowed to grow inside the platted drainage easement. The district’s construction estimate for the identified work was $155,638.44, which Bacon said would be divided among 63 properties (about $2,470.45 per parcel) and could be spread over a 15-year repayment period if the board approved the assessment.

Multiple landowners and association leaders told the board they oppose placing the subdivision on county maintenance because they were not aware at the time of the original petition that tree removal and an easement reconfiguration would be required. Fred Leer, a member of the Daventry Park Association’s board of directors, testified that the board had initially supported inspection and maintenance but would not have proceeded had the association known tree removals and an easement change were prerequisites. "The benefits of the proposed petition request no longer exceed the estimated cost," Leer told the commissioners, asking them to dismiss the petition.

Other residents described the potential loss of privacy and wildlife habitat from removing large trees, questioned the need for immediate work because the system currently appears functional, and urged the board to allow the HOA or individual homeowners to handle maintenance or address problems only if and when they materialize.

The board noted the statutory factors it must consider under Ohio law — whether the improvement is necessary, conducive to the public welfare, and whether benefits exceed costs — and concluded that the new information presented at the final hearing changed its view from the 2023 preliminary finding. Commissioners said the petition process had worked as designed but that the newly raised concerns altered the assessment of whether county maintenance should be imposed.

The board also adopted resolution 26-256 to distribute the administrative costs incurred by the county, the county engineer and the Soil and Water Conservation District pro rata to the affected landowners using the final estimate. The final accounting for those limited costs will be completed by staff and communicated to property owners. Fred Leer said the Daventry Park Association has earmarked funds and asked the board to allow the HOA to reimburse the county directly for the estimated $3,750 administrative cost; county staff said such an arrangement could be accommodated by agreement and that they would follow up with required paperwork and payment timing.

County staff and counsel clarified procedural points during the hearing: only property owners as defined under section 6131 of the Ohio Revised Code could provide sworn testimony for or against the petition; exceptions and claims for compensation received during the process would be handled after the hearing if the board pursued the project; and final per-parcel assessments are determined after a post-approval accounting if a project proceeds. With the dismissal, those later steps will not be required for this petition.

The hearing record will retain the 30 written letters from landowners opposing the petition and the sworn statements given during the public comment period. The board closed the hearing and recorded the votes on both resolutions.

What happens next: commissioners said staff will supply final accounting details for the modest administrative costs so the HOA can submit payment if it chooses; no county action to place Daventry Park on drainage maintenance will proceed as a result of the dismissal at this hearing.