N.Y. Comp. Codes R. & Regs. tit. 6 § 646-4.13

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

Section 646-4.13 - Variances from design requirements and performance standards for stormwater regulatory programs

(a) If during the review of an application it is determined that the application of any design or dimensional requirement contained in this Subpart will result in the denial of the project, the applicant shall be afforded an opportunity to modify the project plans or in the alternative to make application for a variance. Any applicant aggrieved by a final permit decision because of the application of any design or dimensional standard contained in this Subpart may make an application for a variance.

(b) If the applicant determines that any aspect of the project cannot meet any design or dimensional requirement contained in Subpart, the applicant may make direct application for a variance.

(c) Any person seeking a variance shall submit an application for a variance on such form as may be prescribed. Any variance application shall conform with and contain the requirements set forth in section 646-4.8 of this Subpart.

(d) A permit application involving a variance shall be processed in accordance with Subpart 645-5 of this Title except that no variance shall be granted unless the commission finds that the applicant has demonstrated entitlement to the variance pursuant to the criteria in section 267-b3. (b) of the New York State Town Law. The decision on a variance under municipal jurisdiction shall be in accordance with sections 267-a and 267-b of the New York Town Law in the case of a town or sections 7-712-a and 7-712-b of the New York State Village Law in the case of a village, and any amendments thereto provided, however, that the grant of any variance to the shoreline or cutting restrictions of section 806 of the Adirondack Park Agency Act (Executive Law, article 27) must be in compliance with that section and section 807 of the act, if applicable.

(e) In the granting of variances, the commission shall grant the minimum variance necessary to address the specified hardship of the applicant.

(f) In granting any variance, the commission may impose specific conditions upon the proposed use or activity necessary to assure that the use or activity will have no adverse impacts upon the public health, safety or welfare, the environment or the resources of the park. Such conditions may be imposed without regard to whether the commission could otherwise impose such conditions pursuant to the substantive authority of the commission under the Environmental Conservation Law, articles 43 and 71, title 33, or the rules or regulations promulgated by the commission thereunder.

(g) No variance shall be granted by a municipality until first providing notice to the commission a minimum of 15 days in advance. The commission shall be deemed a party to the proceeding for all purposes with the right to initiate or intervene in any action or proceeding in which the grant or denial of a variance is an issue or in any proceeding involving an interpretation of the municipality's plan or program.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 646-4.13

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