N.Y. Comp. Codes R. & Regs. tit. 6 § 646-4.19

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

Section 646-4.19 - General requirements for stormwater regulatory programs

Each municipality shall adopt a stormwater regulatory program which shall include permit requirements, standards, compliance mechanisms and enforcement provisions governing the design, construction, operation and maintenance of stormwater management facilities.

(a) Each municipality's stormwater regulatory program shall be designed to do the following:

(1) prevent any increase in stormwater runoff from any development in order to reduce flooding, siltation, and streambank erosion;

(2) prevent any increase in pollution caused by stormwater runoff from development which would otherwise degrade the quality of water in Lake George and its tributaries and render it unfit for human consumption, interfere with water based recreation or adversely affect aquatic life; and

(3) ensure that the total annual volume of surface water runoff which flows from any specific site during and following development shall not exceed that which prevailed prior to development.

(b) Each stormwater regulatory program shall be adopted as a local law or local ordinance.

(c) As set forth in section 646-4.9 of this Subpart, the adoption of the Model Stormwater Management Ordinance by a municipality as a local ordinance shall be deemed an approved stormwater regulatory program.

(d) Each program shall, at a minimum, do the following:

(1) require that all development, including subdivisions of land, control or manage the stormwater runoff flowing on and from the site of the development, and that all development, be subject to a review process which applies the minimum design and permit issuance standards specified herein;

(2) contain a statement of purpose and intent compatible with this Subpart and Environmental Conservation Law, section 43-0112(b) and (c);

(3) contain a list of terms and definitions of those terms as they are used in the program;

(4) prohibit any person from commencing any project or activity subject to the provisions of the program without first obtaining a stormwater management permit from the municipality;

(5) require that applications for permits be submitted according to standard procedures utilized by the municipality and that applications contain the minimum information specified in section 646-4.13 of this Subpart;

(6) contain provisions governing public notification of permit application and action thereon which are no less restrictive than those utilized by the municipality for zoning and other land use permits;

(7) contain provisions governing modification, suspension or revocation of permits;

(8) include a statement of the manner and frequency of notice to the commission of pending permit decisions;

(9) provide for the granting of variances from the requirements of the program in accordance with section 646-4.9 of this Subpart.

(10) require performance and maintenance guarantees and timely maintenance inspections for stormwater control structures associated with major projects;

(11) require adherence to the minimum revegetation requirements specified in this Subpart;

(12) contain provisions governing summary abatement of conditions or activities causing or likely to cause sedimentation or pollution of water bodies, which shall include a provision permitting the municipality to undertake emergency remediation measures;

(13) establish enforcement procedures and penalties for failure to comply with the requirements of the stormwater regulatory program or the terms of permits issued pursuant to the program;

(14) provide for the maintenance of appropriately detailed records of permits granted pursuant thereto for the purpose of calculating the cumulative use of the stormwater control infrastructure within the municipality and of assessing runoff resulting from new development;

(15) prohibit any person to cause or allow discharges of sediment carried by stormwater which arises from any activity undertaken on lands owned by that person into any water body within the park;

(16) provide for coordination of review with adjoining municipalities for projects located in more than one municipality and include measures to ensure that the effects of stormwater runoff in all affected municipalities are considered;

(17) ensure that any person constructing a house or undertaking any other land use or development on lands for which a stormwater management permit has previously

been issued to a prior owner, or as part of the approval of a subdivision, shall comply with the terms of said permit. Any such construction, land use or development will not require an additional permit if it is in conformance with the original permit;

(18) provide that prior to the recording of any subdivision map or plat in the office of the county clerk, a certification of its approval pursuant to the stormwater regulatory program shall be affixed and signed by a duly authorized municipal official;

(19) include, if deemed desirable or necessary by the municipality for the protection of the water quality and resources of the park, provisions determining whether previously approved subdivisions must obtain stormwater management permits prior to the further sale of additional lots; and

(20) include, if deemed desirable or necessary by the municipality for the protection of water quality and the resources of the park, provisions determining whether projects which did not receive all local, Federal and State permits prior to December 2, 1988, but which have not yet been substantially constructed, must obtain stormwater management permits prior to construction.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 646-4.19

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