Homeowners in the Ellington Village subdivision who have placed obstructions within Licking County drainage easements without prior approval will be issued a letter from the county, mandating the removal of these structures within 120 days.
According to the Nov. 6 meeting agenda, the Licking County Board of Commissioners approved an agreement with developer D.R. Horton, stating that the developer would be responsible for removing any obstructions if a court finds it liable for the costs. The developer has posted performance bonds naming the commissioners as insured for public improvements, which include storm sewer improvements, street improvements, streetlight and erosion control improvements, central retention basins, and street signage.
The agenda further indicates that various homeowners in Ellington Village have constructed obstructions or made improvements within the drainage improvement easement held by the county. These obstructions reportedly interfere with the county engineer's ability to inspect and maintain or repair the drainage easement and may disrupt water flow as designed within the easement.
Despite advice from D.R. Horton, homeowners did not obtain approval from either the Licking County Engineer or the Licking County Planning Commission. The development plat specifies that "For all areas designated as 'Drainage Easement', no above-grade structures, dams, landscaping, mounding of earth, or other obstructions to the flow of stormwater runoff are permitted within the Drainage Easement areas as delineated on this plat unless approved by the Licking County Engineer and the Licking County Planning Commission Board."
The agenda states that letters will be issued to affected landowners instructing them to remove or modify obstructions to meet county engineer standards within 180 days of receiving notice. If compliance is not achieved within this timeframe, legal action will be pursued by the county within 40 days after its lapse. Should a court deem Horton responsible for removal costs, it will bear all expenses as ordered by judicial decision. Furthermore, if Horton receives notice of any filing by a landowner, it must inform the county within three business days.
