Interesting assesment attempt

[gusknows]

Ohio
The link I am providing will give a quick synopsis of the issue. Some other things to add to info is that the petitioners live not only in the lowest part of the land in the drainage area, it was pretty much the very last development built as well. A very large area directly upstream was developed forcommercial use. Now all of the land in the area around the pond had the topsoil removed and excavation was done. The study found that the vast majority of the silting issue is coming from a 700ft right at the inlet to the pond from the excavated land. Silting and flooding of this pond did not occur until after the said above developments were built.

https://www.the-review.com/story/news/local/2020/08/15/ditch-project-involving-historic-pond-sparks-debate-in-jackson-township/113356748/

I will apologise if the use of a link is not allowed. Please do not remove me because it was not permitted.

 

[quincy]

Do you have a legal question?

 

[gusknows]

Sure, since the petitioners have to show that all in the drainage area would benefit somehow with ditch improvement is it legal to only tax the property owners that are in the drainage area the cost for improvements. Since a large part of the impervious area in the drainage area is Township and School property. If approved by county commissioners itwould be assumed that they felt that all the assesed parcels are benefitting therefore since township and school property would benefit it should be considered that the whole township is benefitting and ALL township property owners should be assesed?

 

[quincy]

Sure, since the petitioners have to show that all in the drainage area would benefit somehow with ditch improvement is it legal to only tax the property owners that are in the drainage area the cost for improvements. Since a large part of the impervious area in the drainage area is Township and School property. If approved by county commissioners itwould be assumed that they felt that all the assesed parcels are benefitting therefore since township and school property would benefit it should be considered that the whole township is benefitting and ALL township property owners should be assesed?

That is how it is generally done. The property owners who have frontage are the ones assessed. Same with water and sewer lines.

 

[gusknows]

Ty for reply. This situation would be like assessing only a small number of property owners for water and sewer to be run to the school which would benefit the whole district.

 

[quincy]

Ty for reply. This situation would be like assessing only a small number of property owners for water and sewer to be run to the school which would benefit the whole district.

I just reread my response and I worded it poorly but I guess you were able to figure out what I was saying.

It is often the case that, even when others might benefit from certain improvements (like paved roads or sidewalks), the properties assessed are the properties directly affected.

The report by the environmental group commissioned by Stark County should be informative.

Is your property on Noble Pond or are you concerned about the Ruby-Friedman Ditch?

There was a mention in the article you linked to about an “old Ohio law” but the law was not cited. Do you know of which law they spoke?

I don’t know if anything in this (2009) EPA pond management guide can be helpful but here is a link to it, to do with it what you want:
https://www3.epa.gov/npdes/pubs/pondmgmtguide.pdf

 

[gusknows]

Thanks for looking closer. Ditch. Law is orc chapter 6131. When read the law was not meant to be used in the way they are imanyo. The law was not meant for use on this size an area 1700acre 1600 parcels. This is a first time in my county that this law is being used on a scale larger than like 1 developement or subdivision. This also seems to be the first of this size in the state. If this gets passed this could open a can of worms in counties all across the state. What would be next is homeowners asso that surround a small lake pettitioning all the parcels that drain into the 5 mile creek that feeds into the lake because the creek is causing silt to enter the lake. I need bed, will check forum tom. Again thnks for replies

 

[quincy]

I can see how additional problems could arise, depending on how this is resolved.

It sounds as if regular maintenance of both drain and pond could have prevented the issue from occurring in the first place.

Here is a link to ORC Chapter 6131:
https://codes.ohio.gov/orc/6131

 

[FarmerJ]

A huge problem in some areas is that every one and their uncle who wants to develop the land they own keeps making small changes that alter drainage and one of the things that happens is that places that when left alone made great natural storage and so called soaking in areas that filled with water when it rained that took alot longer to drain off /dry were developed and then all those little changes to drainage add up to areas that flood or have other problems related to drainage such as that pond getting silt in it The local elected officials need to get pushed into supporting efforts to make areas that can hold rain /drain water longer and filter it ( like the west side of (old name since i cant spell the new one ) lake calhoun in mpls did to slow so sediment and pollutants from getting into it.

 

[quincy]

It appears that over the years neither pond nor drain were maintained well enough to prevent silt and debris from building up and clogging the water flow.

Although I think there probably is a legal argument for the property owners to make, I am not confident it will be a successful argument.

 

[FarmerJ]

I agree , they have a good argument that the lack of better regulation up stream i is creating this damage BUT being able to win it is another issue and the best thing I can think of is they try to get assistance from local environmental groups when they make their case since the problem wont go away with out changes being made to building codes related to drainage when property is developed and could begin to send its run off into a wetland system.

 

[quincy]

I agree , they have a good argument that the lack of better regulation up stream i is creating this damage BUT being able to win it is another issue and the best thing I can think of is they try to get assistance from local environmental groups when they make their case since the problem wont go away with out changes being made to building codes related to drainage when property is developed and could begin to send its run off into a wetland system.

The study by the environmental group commissioned by the County can be used by everyone. I don’t think investing in another environmental group at this point is necessary. It could depend on what the study shows and the conclusions that can be drawn from it.

Offhand, it seems to me that a good solution might be to add another drain, to reduce the flow of silt and debris through the single Ruby-Friedman Ditch.

But whatever is done, it is sure bet that those who are handed the bill will not be all that happy paying it.