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

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