N.Y. Comp. Codes R. & Regs. tit. 6 § 646-4.17

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

Section 646-4.17 - Stormwater management plan requirements in areas where development is occurring

Each stormwater management plan shall, at a minimum, include the following elements for those areas where new land use and development, including redevelopment, is occurring or where, under applicable zoning or other land use controls, new land use and development may occur in the future:

(a) Maps of individual parcels and general land areas where development is occurring or may occur in the future delineating the location and capacity of the existing stormwater infrastructure serving those parcels or areas, including community storm-sewers and human-made retention and detention control structures as well as natural stormwater control features. Such maps shall also depict major roads, streams, watersheds, ponds, wetlands, land use zones, soil types and areas with slopes generally greater than 15 percent and delineate, within each watershed, lands having potential for use as dedicated stormwater recharge areas. The commission shall establish standardized map formats and uniform scales to be used by the municipalities to promote the goal of a consistent planning reference for the park.

(b) A method for evaluating potential stormwater recharge areas on the basis of existing land use, soil profile, slope and bedrock characteristics, and similar factors related to the protection of public health and safety and the maintenance of water quality.

(c) Measures that the community intends to adopt to protect potential stormwater management areas so as to preserve such areas for treating and infiltrating stormwater runoff. These areas may be preserved and protected by fee acquisition, gifts, easements, use and density restrictions such as zoning, or other appropriate methods.

(d) A means of entering into agreements with other municipalities to use common areas within a watershed for stormwater infiltration purposes, subject to review by the commission.

(e) An evaluation of the long-term capability to control stormwater and a description of steps, including acquisition, easement or regulatory control, proposed to be undertaken to protect natural stormwater control features such as streams, ponds and wetlands.

(f) Proposed amendments to existing land use planning controls, if necessary, to ensure that permitted development is consistent with stormwater management standards set forth in this Subpart.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 646-4.17

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