N.Y. Comp. Codes R. & Regs. tit. 6 § 646-4.11

Current through Register Vol. 46, No. 25, June 18, 2024

Section 646-4.11 - Maintenance of stormwater control facilities under stormwater regulatory programs

Stormwater control measures shall include, at a minimum, provisions for the future maintenance of the site, consistent with the following:

(a) Applicability. Where it is deemed necessary by the commission, prior to issuance of a permit for any project, a stormwater management maintenance agreement may be required.

(b) Purpose. The stormwater management maintenance agreement shall ensure that stormwater control facilities are maintained in working condition throughout the life of the project.

(c) Requirements. The stormwater management maintenance agreement shall satisfy the following requirements:

(1) be in writing and be executed by each owner of the project and the municipality, and shall bind the owner(s), their successors and assigns to future maintenance of stormwater control facilities serving the project;

(2) be binding on all owners of lands within the project and all parties to the agreement, their successors and assigns for the life of the project;

(3) include provisions to raise, maintain and expend funds for necessary maintenance and repair functions over the life of the project;

(4) provide that if maintenance and repair activities are not performed in compliance with its terms, the municipality shall be entitled to perform or contract for the necessary services and charge the then current project owners for the cost thereof, including any related legal fees and disbursements; and

(5) provide for timely and routine inspections to be performed on all stormwater control facilities at intervals of no less than five years, and that written reports of these inspections shall be filed with the municipality and with the commission.

(d) Notice. Notice of the stormwater management maintenance agreement shall be recorded in the office of the county clerk or its terms shall be incorporated into covenants appearing in the deed, declarations of covenants and restrictions or other such documents to ensure that record notice of its terms is provided to future owners of the site. It shall also be included in the offering plan, if any, for the project. A copy of each stormwater management maintenance agreement shall be filed with the commission, which shall be made a third-party beneficiary of all such agreements, entitled to enforce their terms.

(e) Initial maintenance security. When deemed necessary by the commission, the project owner(s) or sponsor shall establish a maintenance security in the form of a bond, letter of credit, escrow account, or other acceptable security, for the purpose of building, rebuilding, maintaining or repairing the stormwater control facilities. Terms for any maintenance security shall cover the time period beginning at the commencement of land disturbance and extend no less than two years following the approved completion of construction. Longer durations may be required when deemed necessary.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 646-4.11

Amended New York State Register March 17, 2021/Volume XLIII, Issue 11, eff. 3/17/2021