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 646-4.13 - Variances from design requirements and performance standards for stormwater regulatory programs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If
					 during the review of an application it is determined that the application of
					 any design or dimensional requirement contained in this Subpart will result in
					 the denial of the project, the applicant shall be afforded an opportunity to
					 modify the project plans or in the alternative to make application for a
					 variance. Any applicant aggrieved by a final permit decision because of the
					 application of any design or dimensional standard contained in this Subpart may
					 make an application for a variance.
(b) If the applicant determines that any
					 aspect of the project cannot meet any design or dimensional requirement
					 contained in Subpart, the applicant may make direct application for a
					 variance.
(c) Any person seeking a
					 variance shall submit an application for a variance on such form as may be
					 prescribed. Any variance application shall conform with and contain the
					 requirements set forth in section
					 646-4.8 
					 of this Subpart.
(d) A permit
					 application involving a variance shall be processed in accordance with Subpart
					 645-5 of this Title except that no variance shall be granted unless the
					 commission finds that the applicant has demonstrated entitlement to the
					 variance pursuant to the criteria in section 267-b3. (b) of the New York State
					 Town Law. The decision on a variance under municipal jurisdiction shall be in
					 accordance with sections 267-a and 267-b of the New York Town Law in the case
					 of a town or sections 7-712-a and 7-712-b of the New York State Village Law in
					 the case of a village, and any amendments thereto provided, however, that the
					 grant of any variance to the shoreline or cutting restrictions of section 806
					 of the Adirondack Park Agency Act (Executive Law, article 27) must be in
					 compliance with that section and section 807 of the act, if
					 applicable.
(e) In the granting of
					 variances, the commission shall grant the minimum variance necessary to address
					 the specified hardship of the applicant.
(f) In granting any variance, the commission
					 may impose specific conditions upon the proposed use or activity necessary to
					 assure that the use or activity will have no adverse impacts upon the public
					 health, safety or welfare, the environment or the resources of the park. Such
					 conditions may be imposed without regard to whether the commission could
					 otherwise impose such conditions pursuant to the substantive authority of the
					 commission under the Environmental Conservation Law, articles 43 and 71, title
					 33, or the rules or regulations promulgated by the commission
					 thereunder.
(g) No variance shall
					 be granted by a municipality until first providing notice to the commission a
					 minimum of 15 days in advance. The commission shall be deemed a party to the
					 proceeding for all purposes with the right to initiate or intervene in any
					 action or proceeding in which the grant or denial of a variance is an issue or
					 in any proceeding involving an interpretation of the municipality's plan or
					 program.