CHAPTER 1127
Riparian Setbacks
1127.01   Purpose and scope.
1127.02   Applicability, compliance and violations.
1127.03   Conflicts with other regulations and severability.
1127.04   Definitions.
1127.05   Establishment of designated watercourses and riparian setbacks.
1127.06   Applications and site plans.
1127.07   Uses permitted in riparian setbacks.
1127.08   Uses prohibited in riparian setbacks.
1127.09   Non-conforming structures or uses in riparian setbacks.
1127.10   Variances within riparian setbacks.
1127.11   Procedures for variances and appeals.
1127.12   Inspection of riparian setbacks.
1127.99   Penalty.
CROSS REFERENCES
      Storm water management - see P. & Z. Ch. 1128
      Erosion and sediment control - see P. & Z. Ch. 1129
      Illicit discharge - see P. & Z. Ch. 1130
   1127.01 PURPOSE AND SCOPE.
   (a)   It is hereby determined that the system of rivers, streams, and other natural watercourses within Mayfield Village contributes to the health, safety, and general welfare of the residents of the Mayfield Village. The specific purpose and intent of this regulation is to regulate uses and developments within riparian setbacks that would impair the ability of riparian areas to:
      (1)   Reduce flood impacts by absorbing peak flows, slowing the velocity of flood waters, and regulating base flow.
      (2)   Assist stabilizing the banks of watercourses to reduce woody debris from fallen or damaged trees, streambank erosion, and the downstream transport of sediments eroded from watercourse banks.
      (3)   Reduce pollutants in watercourses during periods of high flows by filtering, settling, and transforming pollutants already present in watercourses.
      (4)   Reduce pollutants in watercourses by filtering, settling, and transforming pollutants in runoff before they enter watercourses.
      (5)   Provide watercourse habitats with shade and food.
      (6)   Reduce the presence of aquatic nuisance species to maintain a diverse aquatic system.
      (7)   Provide habitat to a wide array of wildlife by maintaining diverse and connected riparian vegetation.
      (8)   Benefit Mayfield Village by minimizing encroachment on watercourse channels and the need for costly engineering solutions such as gabion baskets and rip rap to protect structures and reduce property damage and threats to the safety of watershed residents; and by contributing to the scenic beauty and environment of Mayfield Village, and thereby preserving the character of Mayfield Village, the quality of life of the residents of Mayfield Village, and corresponding property values.
   (b)   The following regulation has been enacted to protect and enhance these functions of riparian areas by providing reasonable controls governing structures and uses within a riparian setback along designated watercourses in Mayfield Village.
(Ord. 2013-10. Passed 8-19-13.)
   1127.02 APPLICABILITY, COMPLIANCE AND VIOLATIONS.
   (a)   This regulation shall apply to all zoning districts.
   (b)   This regulation shall apply to all structures and uses on lands containing a designated watercourse as defined in this regulation, except as provided herein.
   (c)   No approvals or permits shall be issued by Mayfield Village without full compliance with the terms of this regulation.
(Ord. 2013-10. Passed 8-19-13.)
   1127.03 CONFLICTS WITH OTHER REGULATIONS AND SEVERABILITY.
   (a)   Where this regulation imposes a greater restriction upon land than is imposed or required by any other provision of law, regulation, contract, or deed, the provisions of this regulation shall control.
   (b)   This regulation shall not limit or restrict the application of other provisions of law, regulation, contract, or deed, or the legal remedies available thereunder, except as provided in Section 1127.03(a) of this regulation.
   (c)   If any clause, section, or provision of this regulation is declared invalid or unconstitutional by a court of competent jurisdiction, validity of the remainder shall not be affected thereby. (Ord. 2013-10. Passed 8-19-13.)
   1127.04 DEFINITIONS.
   For the purpose of this regulation, the following terms shall have the meaning herein indicated:
   (a)   COMMUNITY: Throughout this regulation, this shall refer to Mayfield Village or its designated representatives, boards, or commissions.
   (b)   DAMAGED OR DISEASED TREES: Trees that have split trunks; broken tops; heart rot; insect or fungus problems that will lead to imminent death; undercut root systems that put the tree in imminent danger of falling; lean as a result of root failure that puts the tree in imminent danger of falling; or any other condition that puts the tree in imminent danger of being uprooted or falling into or along a watercourse or onto a structure.
   (c)   DESIGNATED WATERCOURSE: A watercourse within Mayfield Village that is in conformity with the criteria set forth in this regulation.
   (d)   FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA): The agency with overall responsibility for administering the National Flood Insurance Program.
   (e)   IMPERVIOUS COVER: Any paved, hardened, or structural surface regardless of its composition including but not limited to buildings, roads, driveways, parking lots, loading/unloading areas, decks, patios, and swimming pools
   (f)   IN-LINE POND: A permanent pool of water created by impounding a designated watercourse.
   (g)   NOXIOUS WEED: Any plant species defined by the Ohio Department of Agriculture as a “noxious weed” and listed as such by the Department. For the purposes of this regulation, the most recent version of this list at the time of application of this regulation shall prevail.
   (h)   100-YEAR FLOODPLAIN: Any land susceptible to being inundated by water from a base flood. The base flood is the flood that has a one percent or greater chance of being equaled or exceeded in any given year.
   (i)   OHIO ENVIRONMENTAL PROTECTION AGENCY: Referred throughout this regulation as the "Ohio EPA."
   (j)   ORDINARY HIGH WATER MARK: The point of the bank or shore to which the presence and action of surface water is so continuous as to leave a district marked by erosion, destruction or prevention of woody terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic. The ordinary high water mark defines the bed of a watercourse.
   (k)   RIPARIAN AREA: Land adjacent to watercourses that, if appropriately sized, helps to stabilize streambanks, limit erosion, reduce flood size flows, and/or filter and settle out runoff pollutants, or performs other functions consistent with the purposes of this regulation.
   (l)   RIPARIAN SETBACK: The real property adjacent to a designated watercourse located in the area defined by the criteria set forth in this regulation.
   (m)   SOIL AND WATER CONSERVATION DISTRICT: An entity organized under Chapter 1515 of the Ohio Revised Code referring to either the Soil and Water Conservation District Board or its designated employee(s), hereinafter referred to as Cuyahoga SWCD.
   (n)   SOIL DISTURBING ACTIVITY: Clearing, grading, excavating, filling, or other alteration of the earth’s surface where natural or human made ground cover is destroyed and which may result in, or contribute to, erosion and sediment pollution.
   (o)   SUBSTANTIAL DAMAGE: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would be equal to, or would exceed, 50% of the market value of the structure before the damage occurred.
   (p)   WATERCOURSE: Any brook, channel, creek, river, or stream having banks, a defined bed, and a definite direction of flow, either continuously or intermittently flowing.
   (q)   WETLAND: Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas. (40 CFR 232, as amended).
      (Ord. 2013-10. Passed 8-19-13.)
   1127.05 ESTABLISHMENT OF DESIGNATED WATERCOURSES AND RIPARIAN SETBACKS.
   (a)   Designated watercourses shall include those watercourses meeting any ONE of the following criteria:
      (1)   All watercourses draining an area greater than ½ square mile, OR
      (2)   All watercourses draining an area less than ½ square mile and having a defined bed and bank. In determining if watercourses have a defined bed and bank, Mayfield Village may consult with a representative of the Cuyahoga SWCD or other technical experts as necessary. Any costs associated with such consultations may be assessed to the applicant.
   
   (b)   Riparian setbacks on designated watercourses are established as follows:
      (1)   A minimum of 75 feet on either side of all watercourses draining an area greater than ½ square mile and up to 20 square miles.
      (2)   A minimum of 25 feet on either side of all watercourses draining an area less than ½ square mile and having a defined bed and bank as determined by Mayfield Village in Section 1127.05 of this regulation.
   (c)   Riparian Setback Map. Mayfield Village shall create a map identifying designated watercourses and their riparian setbacks. Said map is attached hereto and made part of this regulation and is identified as Exhibit A. The following shall apply to the Riparian Setback Map:
      (1)   It shall be used as a reference document and the information contained therein shall be believed to be accurate.
      (2)   It shall be a guide only.
   Communities should add the following disclaimer language to this map. “This map was prepared as a Riparian Setback Map by Mayfield Village in accordance with Section 1127.05 of Chapter 1127. Mayfield Village digital data is a representation of recorded plats, surveys, deeds, and other collected information for use within a Geographic Information System for purposes of analysis. These and other digital data do not replace or modify land surveys, deeds, and/or other legal instruments defining land ownership or use. Mayfield Village assumes no legal responsibility for this information.”
      (3)   Nothing herein shall prevent Mayfield Village from amending the Riparian Setback Map from time to time as may be necessary.
      (4)   If any discrepancy is found between the Riparian Setback Map and this regulation, the criteria set forth in Section 1127.05(a) and (b) shall prevail.
   (d)   The following conditions shall apply in riparian setbacks:
      (1)   Riparian setbacks shall be measured in a horizontal direction outward from the ordinary high water mark of each designated watercourse, except for in-line ponds as addressed in Section 1127.05.
      (2)   Except as otherwise provided in this regulation, riparian setbacks shall be preserved in their natural state.
      (3)   Where the 100-year floodplain is wider than a minimum riparian setback on either or both sides of a designated watercourse, the minimum riparian setback shall be extended to the outer edge of the 100-year floodplain. The 100-year floodplain shall be defined by FEMA. If a FEMA defined floodplain does not exist for a designated watercourse, Mayfield Village may require a site-specific floodplain delineation in conformance with standard engineering practices and approved by Mayfield Village. Any costs associated with reviewing this site-specific floodplain delineation may be assessed to the applicant.
      (4)   Where a wetland is identified within a minimum riparian setback, the minimum riparian setback width shall be extended to the outermost boundary of the wetland. Wetlands shall be delineated through a site survey prepared by a qualified wetlands professional retained by the landowner using delineation protocols accepted by the U.S. Army Corps of Engineers at the time an application is made under this regulation. Any costs associated with reviewing these delineations may be assessed by Mayfield Village to the applicant.
      (5)   The minimum riparian setback on an in-line pond existing at the time of application of this regulation shall be measured from the ordinary high water mark of the designated watercourse as it enters said pond and through the impoundment along the centerline of the designated watercourse as it flows through the in-line pond. Riparian setbacks on inline ponds existing at the time an application is made under this regulation shall be expanded to include wetlands and floodplains as detailed in Section 1127.05. The creation of new in-line impoundments shall not be permitted under these regulations. (Ord. 2013-10. Passed 8-19-13.)
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