New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 646 - Substantive Regulations › Subpart 646-4 - Stormwater Management › Section 646-4.14 - Stormwater management plans and stormwater regulatory programs required

Current through Register Vol. 46, No. 28, July 10, 2024
(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.