AN EMERGENCY ORDINANCE
AMENDING CHAPTER 1128 OF THE
MAYFIELD VILLAGE CODIFIED ORDINANCES RELATIVE TO
COMPREHENSIVE STORM WATER MANAGEMENT
WHEREAS, flooding is a significant threat to property and public health and safety and stormwater management lessens flood damage by reducing and holding runoff and releasing it slowly; and,
WHEREAS, streambank erosion is a significant threat to property and public health and safety and stormwater management slows runoff and reduces its erosive force; and,
WHEREAS, insufficient control of stormwater can result in significant damage to receiving water resources, impairing the capacity of these areas to sustain aquatic systems and their associated aquatic life use designations; and,
WHEREAS, land development projects and associated increases in impervious cover alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes, flooding, stream channel erosion, and sediment transport and deposition; and,
WHEREAS, stormwater runoff contributes to increased quantities of pollutants to water resources; and,
WHEREAS, stormwater runoff, stream channel erosion, and nonpoint source pollution can be controlled and minimized through the regulation of runoff from land development projects; and,
WHEREAS, the United States Environmental Protection Agency has approved a Total Maximum Daily Load for phosphorus, nitrogen, habitat, bacteria, TSS in the Chagrin River and phosphorus, habitat, TSS Euclid Creek River watersheds;
WHEREAS, there are watershed-wide efforts to reduce flooding, erosion, and water quality problems in the Chagrin River and Euclid Creek River and to protect and enhance the water resources of the Chagrin River and Euclid Creek River; and,
WHEREAS, the Village of Mayfield finds that the lands and waters within its borders are finite natural resources and that their quality is of primary importance in promoting and maintaining public health and safety within its borders; and,
WHEREAS, the Village of Mayfield desires to establish standards, principles, and procedures for the regulation of soil disturbing activities that may increase flooding and erosion and may cause adverse impacts to water resources, resulting from stormwater runoff; and,
WHEREAS, the use of green infrastructure and runoff reduction practices improves water quality in our streams and Lake Erie and reduces the magnitude and frequency of flooding and combined sewer overflow events through the infiltration, evapotranspiration, treatment and reuse of stormwater runoff; and
WHEREAS, the use of green infrastructure produces community benefits including reduced crime, increased property values, increased retail sales and lower infrastructure costs; and
WHEREAS, the Village of Mayfield is a member of the Chagrin River Watershed Partners and the Euclid Creek Watershed Group and recognizes its obligation as a part of these watershed organizations to manage stormwater within its borders; and
WHEREAS, 40 C.F.R. Parts 9, 122, 123, and 124, and Ohio Administrative Code 3745-39 require designated communities, including the Village of Mayfield, to develop a Stormwater Management Program that, among other components, requires the Village of Mayfield to implement standards, principles, and procedures to regulate the quality of stormwater runoff during and after soil disturbing activities; and,
WHEREAS, Article XVIII, Section 3 of the Ohio Constitution grants municipalities the legal authority to exercise all powers of local self-government and to adopt and enforce within their limits such local police, sanitary, and other similar regulations, as are not in conflict with general laws;
NOW, THEREFORE, BE IT ORDAINED by the Council of the Village of Mayfield, County of Cuyahoga, State of Ohio, that:
SECTION 1. That Chapter 1128 “Comprehensive Stormwater Management” of the Mayfield Village Codified Ordinances is hereby and herein amended to read in total as set forth in Exhibit “A,” which is attached and incorporated by reference.
SECTION 2. That any sections of the Codified Ordinances in conflict herewith are hereby and herein repealed and amended accordingly. All other provisions of the Village’s Codified Ordinances not inconsistent herewith shall remain in full force and effect.
SECTION 3. That the Clerk of Council is authorized and directed to forward a certified copy of this Ordinance to the Codifier of the Village of Mayfield.
SECTION 4. That Council for the Village of Mayfield finds and determines that all formal actions of this Council relating to the adoption of this Ordinance have been taken at open meetings of this Council; and that deliberations of this Council and of its committees, resulting in such formal action, took place in meetings open to the public, in compliance with all statutory requirements including the requirements of Section 121.22 of the Ohio Revised Code.
SECTION 5. That this Ordinance is hereby declared to be an emergency measure immediately necessary for the health, safety and welfare of the residents of Mayfield Village, Ohio. It shall, therefore, take effect immediately upon the passage by the affirmative vote of not less than five (5) members elected to Council and approval by the Mayor or otherwise at the earliest time allowed by law.