N.Y. Comp. Codes R. & Regs. tit. 6 § 646-4.1
Environmental Conservation Law, section 43-0112 directs the Lake George Park Commission ("commission") to develop regulations to guide preparation of local stormwater management plans and regulatory programs. The statutory provisions state that municipalities within the Lake George Park shall develop and implement the plans and programs consistent with the regulations and subject to the approval of the commission not later than 18 months from the effective date of the regulations. If the commission determines that a municipality has failed to develop a plan or program or fails to implement an approved plan or program, then the commission shall assume the authority of the municipality to do so. The regulations are contained in this Subpart and they first became effective on September 19, 1990. The regulations provide that the commission prepare a model ordinance as an aid to local government and a means to streamline review of local regulatory programs. The Model Ordinance was completed and provided to each municipality on December 15, 1990. The commission also prepared and established additional aids for the municipalities. On April 17, 1992, following expiration of the 18-month statutory timeframe, the commission assumed jurisdiction over stormwater in three municipalities which had determined not to develop a plan or regulatory program. Before the commission approved any local regulatory program or stormwater plan in municipalities which had determined to develop a plan or regulatory program, the regulations were amended. This section was added to put these amendments in context. The purpose of the amendments was to reduce procedural and regulatory inconsistencies which had been identified during the review of several preliminary local stormwater regulatory programs and which had a direct bearing on decisions affecting municipal programs which had been submitted for approval. The timing of the amendments was such that the revisions would be in place prior to review and approval of local regulatory programs and stormwater management plans. Thus, no local plan or regulatory program was approved prior to the referenced amendments. Accordingly, the amendments include a provision which affords additional time for municipalities to complete action on local programs and plans. In the interest of ensuring that the water quality protection benefits of improved stormwater management not be unduly delayed, the amendments set a time period of nine months from notice of the effective date of the amendments to this Subpart within which the municipalities must act to complete and implement a stormwater management plan and regulatory program. Once the nine-month period has passed and a municipality is not in compliance with the time limit set forth in this Subpart, the regulations provide that the commission shall assume jurisdiction over stormwater in such a municipality.
N.Y. Comp. Codes R. & Regs. Tit. 6 § 646-4.1