N.Y. Comp. Codes R. & Regs. tit. 6 § 646-4.12

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

Section 646-4.12 - Criteria for issuance of permits in stormwater regulatory programs

(a) An application may be approved, denied, or approved with modifications or conditions, including modifications to nonstormwater aspects of the development necessary to achieve the required level of stormwater management.

(b) No stormwater management permit shall be issued unless the following findings are made and are supported by substantial evidence. The facts supporting such findings shall be set forth in the decision document or permit. The issued permits shall set forth all required conditions and incorporate all necessary documents and maps.

(1) That the project meets the design requirements and performance standards set forth in Environmental Conservation Law, section 43-0112, this Subpart and the municipality's stormwater regulatory program, if applicable.

(2) That the project will not have an undue adverse impact on the health, safety and welfare of the public or on the resources of the Lake George park and will not lead to a diminution of water quality, an increase in erosion, or an increase in stormwater runoff from the site either during or following construction.

(3) That the stormwater control measures proposed for the proposed project will function as designed and that such measures represent the best possible methods and procedures for controlling stormwater runoff that is feasible and practicable at the particular project site.

(4) That adequate and sufficient measures have been taken to ensure accountability and responsibility over the life of the project should the stormwater control measures not function as intended, fail, or suffer from inadequate maintenance to ensure its proper functioning.

(5) That the proposed project will not contribute to flooding, siltation or streambank erosion and will not result in any increase, directly or indirectly, in pollution to Lake George or its tributaries from stormwater runoff.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 646-4.12

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