N.Y. Comp. Codes R. & Regs. tit. 6 § 646-4.14

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

Section 646-4.14 - Stormwater management plans and stormwater regulatory programs required

(a) Each municipality shall adopt a stormwater management plan, and a stormwater regulatory program designed to implement said plan. Stormwater management plans and regulatory programs and amendments thereto shall be consistent with the requirements of this Subpart, and subject to the approval of the commission before they are effective. Plans and programs need not be adopted at the same time.

(b) The commission shall continue the Lake George Park Local Stormwater Planning Assistance Program with so much of its funds as are available for that purpose and shall continue to comply with agreements made under that program to provide assistance for local stormwater planning.

(c) A municipality may base its stormwater regulatory program upon the Model Stormwater Management Ordinance, Appendix A (see section 646-4.18 of this Subpart) and shall modify the ordinance, if necessary, to conform to its plan and its land use planning procedures. Where a municipality has revised the model ordinance so that it conforms to its plan and land use planning procedures, the adoption of such an ordinance by the municipality shall require commission approval in accordance with this Subpart. The adoption of the Model Stormwater Management Ordinance, without revision, by a municipality as a local ordinance or local law shall be deemed to satisfy the requirements of this Subpart and shall be deemed an approved stormwater regulatory program.

(d) The commission may enter into an agreement with any municipality for the shared implementation and enforcement of stormwater regulatory programs. Such agreements may include commission delegation of some or all of the authority assumed pursuant to Environmental Conservation Law, section 43-0112.

(e) If any municipality fails to implement a stormwater regulatory program approved in accordance with this Subpart, the commission shall assume, after providing for notice and an opportunity to be heard, by resolution, the authority to do so pursuant to section 646-4.7(k) of this Subpart. Some sections within this Subpart, referring to stormwater regulatory standards and procedures, do not identify the entity which has decisionmaking, implementation and enforcement authority with regard to such regulatory standards and procedures. These sections are to be read with the knowledge that the entity within such sections is either the commission or a municipality depending on who has the decisionmaking, implementation and enforcement authority pursuant to this Subpart.

(f) No plan or program shall be required for the Towns of Horicon, Lake Luzerne and Warrensburg. All development within those municipalities and within the park and within the lake drainage basin shall be the subject of agreements between the respective municipality and the commission pursuant to subdivision (d) of this section.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 646-4.14

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