The Village Board acknowledges that runoff from land disturbing
construction activity carries a significant amount of sediment and
other pollutants to the waters of the state in Village of Somers and
that the Des Plaines River Watershed needs supplemental runoff release
rate restrictions to address the unique issues associated with that
watershed.
It is the purpose of this ordinance to maintain safe and healthful
conditions; prevent and control water pollution; prevent and control
soil erosion and sediment discharge; protect spawning grounds, fish
and aquatic life; control building sites, placement of structures
and land uses; preserve ground cover and scenic beauty; and promote
sound economic growth by minimizing the amount of sediment and other
pollutants carried by runoff or discharged from land disturbing construction
activity to waters of the state in the Village of Somers.
Maximum extent practicable applies when a person who is subject
to a performance standard of this ordinance demonstrates to the Village
Administrator's satisfaction that a performance standard is not
achievable and that a lower level of performance is appropriate. In
making the assertion that a performance standard is not achievable
and that a level of performance different from the performance standard
is the maximum extent practicable, the responsible party shall take
into account the best available technology, cost effectiveness, geographic
features, and other competing interests such as protection of public
safety and welfare, protection of endangered and threatened resources,
and preservation of historic properties.
All BMPs required for compliance with this ordinance shall meet
design criteria, standards and specifications based on any of the
following:
(A) Design guidance and technical standards identified or developed by
the Wisconsin Department of Natural Resources under subchapter V of
chapter NR 151, Wis. Adm. Code.
(B) Soil loss prediction tools (such as the Universal Soil Loss Equation
(USLE)) when using an appropriate rainfall or runoff factor (also
referred to as the R factor) or an appropriate design storm and precipitation
distribution, and when considering the geographic location of the
site and the period of disturbance.
(C) Technical standards and methods approved by the Village Administrator.
The fees referred to in other sections of this ordinance shall
be established by the Village Board and may from time to time be modified
by resolution. A schedule of the fees established by the Village Board
shall be available for review in the office of the Village Clerk/Treasurer.
If land disturbing construction activities are occurring without
a permit required by this ordinance, the Village Administrator may
enter the land pursuant to the provisions of § 66.0119(1),
(2), and (3), Wis. Stats.
If a court of competent jurisdiction judges any section, clause,
provision or portion of this ordinance unconstitutional or invalid,
the remainder of the ordinance shall remain in force and not be affected
by such judgment.