Ordinance 2016-25


WHEREAS, soil is most vulnerable to erosion by wind and water during soil disturbing activities and this eroded soil necessitates repair of sewers and ditches and dredging of rivers, harbors, and lakes; accelerates downstream bank erosion and damage to public and private property; damages water resources by reducing water quality; and causes the siltation of aquatic habitat; and

WHEREAS, communities throughout the watershed(s) in which the Village of Mayfield is located have experienced and continue to experience costs associated with inadequate erosion and sediment control and increased State and Federal regulation; and

WHEREAS, there are watershed-wide efforts to reduce sedimentation in the Chagrin River and Euclid Creek River and to protect and enhance the unique water resources or wetlands of the Chagrin River and Euclid Creek River watershed;

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, the Village of Mayfield is a member of the Chagrin River Watershed Partners and the Euclid Creek Watershed Group and recognizes the obligation as a part of these watershed organizations to reduce sedimentation and to protect water quality by controlling soil disturbing activities within its borders; and

WHEREAS, 40 C.F.R. Parts 9, 122, 123 and 124, referred to as NPDES Stormwater Phase II, require designated communities, including the Village of Mayfield to develop and implement a Stormwater Management Program to address, among other components, erosion and sediment control during soil disturbing activities; and

WHEREAS, Article XVIII, Section 3 of the Ohio Constitution grants municipalities the legal authority to adopt rules to abate soil erosion and water pollution by soil sediments; and

NOW, THEREFORE BE IT ORDAINED by the Council of the Village of Mayfield, County of Cuyahoga, State of Ohio, that:

SECTION 1.  That Chapter 1129 “Erosion and Sediment Control” 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  That any sections of the Codified Ordinances in conflict herewith are hereby and herein repealed and amended accordingly.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.