N.Y. Comp. Codes R. & Regs. tit. 6 § 646-4.16

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

Section 646-4.16 - General requirements for stormwater management plans

Each municipality's stormwater management plan shall, at a minimum:

(a) Provide for the implementation of the plan and its integration with other components of the municipality's land use planning program, such as zoning, subdivision, sanitary and site plan review controls, provide for the coordination of stormwater management with adjoining communities, and provide for public participation in stormwater planning and decisionmaking.

(b) Establish objectives and set policies which ensure that pollutant loads in stormwater runoff are minimized, that stormwater runoff is recharged to groundwater to the maximum extent possible, and that increases in the annual volume of stormwater runoff entering Lake George as a result of any land use or development are prevented. The objectives and policies shall also apply to new, expanded or altered development, land clearing, land grading and erosion and sedimentation control measures. Said policies and objectives shall address land use practices such as the use of pesticides and other chemicals, fertilizers, road salt, sand and other possible contaminants in maintaining or managing new or existing land resources, roads and structures, and shall establish policies and objectives for stormwater management for projects undertaken by state and local government bodies, and remediating the effects of stormwater runoff from presently existing private facilities and government facilities including highways, parking lots and buildings.

(c) Assign responsibility for stormwater management planning and regulation to one or more elected or appointed local boards, which may be a board appointed specifically for that purpose, or to qualified staff persons. Municipal authority to make stormwater-related decisions may be delegated to such a designated board or to such staff, provided the scope and limits of authority are clearly specified. The staff position or type of retained consultant who will advise the administering board shall be described, together with the qualifications which shall be required for such position. Duly qualified engineering and project review personnel or consultants shall be required for reviewing development project plans, programs, reports and construction.

(d) Establish procedures for periodically revising stormwater management plans and stormwater regulatory programs and overseeing implementation, as an on-going process, including administration of regulatory controls and execution of nonregulatory methods for accomplishing plan objectives.

(e) Outline and summarize the stormwater regulatory program to be adopted consistent with the requirements of this Subpart.

(f) Develop and implement procedures for ensuring that private and municipal stormwater control structures and natural or human-made features used to control stormwater runoff are properly and periodically maintained, and are replaced in timely fashion as may become necessary. The procedures must provide for adequate funding and administrative control in perpetuity.

(g) Consider, in determining the significance of stormwater impacts on the lake, past degradation of the lake's water quality, the cumulative impact of proposed projects and any other development or activities in the park which can be reasonably anticipated and the assimilative capacity of the lake.

(h) Provide for the application of the plan to projects undertaken or constructed by the municipality.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 646-4.16

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