N.Y. Comp. Codes R. & Regs. tit. 6 § 646-4.15

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

Section 646-4.15 - Time limits for preparation and procedures for review of stormwater management plans and stormwater regulatory programs

(a) The commission shall mail notice to the chief executive officer of each municipality advising of the effective date of this Subpart, amendments thereto, the completion of the stormwater feasibility study prepared pursuant to Environmental Conservation Law, section 43-0112(2), the completion of a local stormwater plan or any other event which affects the content of plans or programs. The notice shall specify that the time frame within which the municipality has to prepare plans and programs or make amendments thereto has commenced.

(b) Each municipality shall be afforded a period of 90 days from the effective date of this Subpart, amendments thereto, the completion of a local stormwater plan or any other event which effects the content of plans or programs to deliver written notice of the municipality's intention to develop a plan and/or program, or make any necessary amendments to existing and approved plans and/or programs. This intention must be adopted by the majority vote of the governing body of the municipality.

(c) The initial time period within which each municipality had to prepare a plan and program, after the effective date of this Subpart, was 18 months in accordance with Environmental Conservation Law, section 43-0112(1)(a). This 18-month time period has expired. The time limit for preparing plans and programs shall be nine months from the date of notice, as required in subdivision (a) of this section, of the 1998 amendments to this Subpart. The time limit for amending existing and approved plans or programs shall be nine months from the date of notice of any amendments to this Subpart, the completion of the study recommendations pursuant to Environmental Conservation Law, section 43-0112(2) and (6), or any other event which affects the content of plans and programs.

(d) A proposed plan or program, or amendments thereto shall require the approval of the town or village board prior to submission to the commission for review under this Subpart. Copies of such proposed plan or program shall be made available to the public, and one copy of each shall be provided to the office of Region 5 of the department and to the Adirondack Park Agency.

(e) The commission shall provide for public notice of any pending action on proposed stormwater management plans, stormwater regulatory programs and amendments thereto, and shall afford an opportunity for public comment.

(f) Whenever the commission determines that the provisions of a proposed stormwater plan or program or proposed amendments to a previously approved plan or program are inconsistent with Environmental Conservation Law, section 43-0112 or with the requirements of this Subpart, it shall notify the municipality of the inconsistent provisions and request that the appropriate changes be incorporated. Such notice shall be in writing and shall specify a time period for the municipality to decide whether to make amendments to the preliminary plan or program consistent with the commission's recommendations.

(g) After public notice of the pending decision and after affording an opportunity for the municipality to make amendments, the commission shall render a final decision to approve or deny any proposed plan or program or amendments thereto and shall promptly mail notice of its decision together with the reasons supporting it to the chief executive officer of the municipality.

(h) The commission's decision to approve or deny any proposed stormwater management plan, program or amendment thereto shall be based on the following determinations of the commission:

(1) whether the plan, program or amendment thereto complies with the requirements of Environmental Conservation Law, section 43-0112 and this Subpart;

(2) whether the plan, program or amendment thereto has been amended to adequately respond to recommendations and comments of the commission; and

(3) the commission may, upon demonstration of good cause, approve a plan, program or amendment thereto which varies from the design or dimensional standards contained in this Subpart. Any such determination shall be made by the commission only upon a finding that the variance from the design or dimensional standards will not result in an adverse effect or impact upon the public health, safety, or welfare or the resources of the park.

(i) Following commission approval, a plan shall be adopted by the board of the municipality within 60 days. Following commission approval a program shall be adopted as a local ordinance or local law by the board of the municipality within 60 days. The 60-day time periods shall begin the day after commission approval of a plan and/or program.

(j) The commission may extend any time limit specified herein based upon a written request provided it is in the public interest and there is good cause demonstrated.

(k) The commission may assume a municipality's authority to regulate stormwater management and shall revoke its approval of any existing programs where the commission determines that any one of the following circumstances exist:

(1) a municipality has determined not to prepare a plan or program;

(2) a municipality has failed to adopt a plan or program; to meet any time limit for the delivery of the notice of intent, the submission or adoption of a plan or program, or the incorporation of amendments to this Subpart and recommendations made pursuant to Environmental Conservation Law, section 43-0112(2) in any existing and approved plan and/or program; or

(3) a municipality has failed to properly implement a program by failing to administer and enforce the program adequately to carry out the policies, purposes and objectives of the program.

(l) The commission shall not revoke its approval of a municipality's program without giving the municipality notice and an opportunity to be heard, but no adjudicatory hearing shall be required.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 646-4.15

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