§ 3372.901. Findings, purpose, and implementation.  


Latest version.
  • A.

    Findings. The Big Darby Creek is both a national and state scenic river and is among the top five warm freshwater habitats in the nation. The Big Darby is the home to endangered and rare species of fish and other organisms. The Hellbranch Run is tributary to the Big Darby, and the water quality of the Hellbranch Run has a direct impact on the Big Darby. Unrestrained development would threaten this natural resource by encouraging flooding, and by degrading the water quality of the Hellbranch and the Big Darby. Natural resource protection is inherently linked to the quality of life and the character of our community. It is hereby determined that the system of streams and other natural watercourses within the Hellbranch Run watershed contributes to the health, safety, and general welfare of the residents of the community.

    B.

    Purpose. The purpose of the Hellbranch Run watershed protection overlay is to safeguard the public health, safety and welfare through the use of reasonable and practicable development standards in the portion of the Hellbranch Run watershed which lies outside of the proposed environmentally sensitive development area to minimize development impacts to the Hellbranch Run and the Big Darby Creek. These measures are intended to:

    1.

    Assure that development design and activities will not impair the ability of riparian areas to:

    a.

    Reduce flood impacts by absorbing peak flows, slowing the velocity of flood waters, and regulating base flow;

    b.

    Reduce pollutants in watercourses during periods of high flows by filtering, settling, and transforming pollutants already present in watercourses and in runoff before they enter watercourses;

    c.

    Provide shade and food which are essential components of high quality stream ecosystems; and

    d.

    Provide habitat to a wide array of wildlife by maintaining diverse and connected riparian vegetation.

    2.

    Reduce bank erosion, channel degradation, aggradation, and downcutting as a result of modification of land use while still allowing for the natural transport of bedload and sediments and maintenance of the stream's natural ability to adjust its position, dimension, pattern and profile.

    3.

    Benefit the city economically by minimizing encroachment on watercourse channels and the need for costly engineering solutions such as retention basins, 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 the city, and thereby preserving the character of the city, the quality of life of the residents of the city, and corresponding property values.

    C.

    Implementation. To implement this overlay, the city will adopt a three tiered approach to its development decisions in the portion of the Hellbranch Run watershed which lies outside of the proposed environmentally sensitive development area:

    1.

    First, the city will approve only those developments that recognize and preserve existing natural features, including but not limited to watercourses, flood plain, and riparian buffers. See C.C.C. § 3372.905.

    2.

    Second, the city will approve only those developments that minimize the generation of stormwater through site design criteria that reduce stormwater runoff. See C.C.C. § 3372.906.

    3.

    Third, the city will approve only those developments that manage stormwater through best management practices for both flood control and water quality protection. See C.C.C. §332.07.

(Ord. 2431-03 § 32; Ord. 0854-2008 § 41.)