646-4 Stormwater Management Continued

SECTION 646-4.11 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 646-4.6 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 ECL 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 646-4.18 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; and
 
(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;
 
(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.

SECTION 646-4.12 PROJECT CLASSIFICATION IN STORMWATER REGULATORY PROGRAMS FOR THE PURPOSE OF REVIEW.
 
(a) Minor Projects. The following development activities shall be considered to be minor projects:
 
(1) Any building, land clearing or development activity affecting less than 15,000 square feet.
 
(2) Creation of a two-lot, three-lot or four-lot subdivision which may result in the construction of no more than one single-family residential structure and related accessory structures per lot, and will require land clearing or alteration activities of less than 15,000 square feet per lot and less than 15,000 square feet total for any subdivision road.
 
(3) Any building, alteration or modification of a stormwater control measure, excluding maintenance, cleaning or repair of such stormwater control measure.
 
(b) Major Projects.
 
(1) Any project not expressly exempted from regulation or defined as a minor project shall be a major project.
 
(2) The following may be considered to be major projects:
 
(a) Any part of the activity listed in Section 646-4.12 (a) (1),(2) or (3) which occurs on (i) soils of high potential for overland or through-soil pollutant transport; (ii) an area with a slope of fifteen percent (15%) or greater when measured in any direction over a distance of one hundred (100) feet from the center of the proposed building site; or (iii) an area with a soil percolation rate slower than sixty (60) minutes per inch.
 
(b) Any minor project may be treated as a major project if such treatment is desirable due to specific site limitations or constraints, anticipated environmental impacts, or the need or advisability of additional public notice and comment. When determining whether to treat a minor project as a major project, the criteria to be considered shall include, but shall not be limited to, whether the site lies within or substantially contiguous to a (i) a Critical Environmental Area established pursuant to SEQR; (ii) a wetland; (iii) a stream corridor; (iv) an area of significant habitat for any wildlife or plant species; or (v) an area of particular scenic, historic or natural significance. The project sponsor of a minor project that will be treated as a major project shall be given a written statement of the reasons for such a determination.

SECTION 646-4.13 PERMIT APPLICATION PROCEDURES IN STORMWATER REGULATORY PROGRAMS. Stormwater permit applications shall be processed in accordance with Subpart 645-5 of this Title.
 
(a) General Application Requirements. The following shall be required to be part of any application for a stormwater management permit:
 
(1) A complete application on such form as may be prescribed.
 
(2) The appropriate application fee.
 
(3) When a project requires a permit from any other agency, a list of all such permits which are required, a statement of the status of each such permit application, and a statement of the SEQR status of the action.
 
(4) Copies of applications for all required wastewater management permits, subdivision approvals, site plan review or special use permits and Adirondack Park Agency permits.
 
(5) The real property tax map section, block and lot number of each lot included in the proposed project.
 
(6) The names and legal mailing addresses of all landowners adjacent to the project site. For major projects, the names and legal mailing addresses of all landowners within five hundred (500) feet of the project site.
 
(7) A detailed plot plan which shows the site topography, the location and dimensions of all existing and proposed structures and impervious surfaces, water bodies, septic systems, wells, and stormwater control devices on the site and within one hundred (100) feet of the site.
 
(8) A general location map suitable to direct officials reviewing the application to the project site.
 
(b) Optional Preliminary Review for Major Projects. The following information may be required to be submitted for a preliminary or sketch plan review of applications for major projects:
 
(1) A Stormwater Concept Plan (SCP). The SCP shall include sufficient information to evaluate the environmental characteristics of the project site, the potential impacts of the proposed development on water resources and the effectiveness and acceptability of measures proposed for managing stormwater runoff. Sufficient engineering analysis shall be performed and provided to show that the stormwater control measures in the Plan are viable and capable of managing runoff from the site in compliance with these regulations and the municipality's Stormwater Management Plan and Regulatory Program. All anticipated development of the site and phases of the project, both present and future, shall be addressed in the SCP. The intent of this conceptual planning process is to determine the type of stormwater measures necessary for the proposed project. The SCP shall include any modifications to the proposed project necessary to achieve the required level of stormwater management. In order to ensure adequate planning for management of runoff from future development, a SCP may be required to consider the maximum development potential of a site under existing zoning, regardless of whether the applicant presently intends to develop the site to its maximum potential.
 
(2) For development or redevelopment occurring on a site where development has previously occurred, an applicant shall be required to include within the stormwater concept plan measures for controlling existing stormwater runoff discharges from the site in accordance with the standards of this Subpart to the maximum extent practicable. Such measures shall also include those measures reasonable and necessary to, at a minimum, infiltrate the runoff from the first one-half inch of precipitation from any storm event for all areas within the site which have previously been developed.
 
(c) Additional Requirements for Major Projects. The following additional requirements are applicable to major projects.
 
(1) A Stormwater Control Report (SCR) shall be submitted which evaluates the quantity and quality of stormwater runoff resulting from the proposed project for all phases, both present and future, and if required, for the maximum potential runoff from the site if it were to be developed to its maximum potential under existing zoning. The Stormwater Control Report shall be consistent with, and shall be reviewed on the basis of the approved SCP if one was required.
 
(2) The SCP and SCR shall be prepared by an Engineer or Architect or Exempt Land Surveyor licensed to practice under the laws of the State of New York, who shall be employed by the applicant or developer to design and supervise the installation of all stormwater management facilities. Stormwater management shall be within the area of expertise of the particular individual or firm performing the design and construction supervision, and if requested, that individual or firm shall furnish a listing and description of all stormwater management projects designed or supervised by them within the past five (5) years.
 
(d) Contents of Stormwater Control Report (SCR). An SCR shall contain, at the minimum, the following information:

(1) A description of the project site and surrounding area within five hundred (500) feet as it exists prior to the commencement of the project; a location map; description of the watershed of the subcatchment and its relation to the project site; soil types and descriptions on the site and surrounding area; topography of the project site and surrounding area; surface characteristics including percent cover by asphalt, concrete, crushed stone, grasses, brush, and trees; current land use including all structures, and characteristics of the shoreline and its development, if applicable; drainage patterns including streams, ponds, culverts, ditches, and wetlands; and locations of utilities, roads, and easements.
 
(2) A detailed description of the proposed project including surface characteristics; proposed land use with tabulation of the percentage of surface area to be adapted to various uses; drainage patterns; locations of utilities, roads and easements; the limits of clearing and grading; and construction cost estimates of stormwater management structures.
 
(3) Hydrologic and hydraulic computations of stormwater volume and flow for existing and proposed conditions shall be performed. Such computations shall include (i) description of the design storm frequency, intensity and duration, (ii) time of concentration, (iii) soil curve numbers or runoff coefficients, (iv) peak runoff rates and total runoff volumes for each watershed area or subcatchment area, (v) infiltration rates, (vi) culvert capacities, (vii) flow velocities, (viii) data on the increase in rate and volume of runoff for the10-year storm and on the change in the rate of runoff for the 2, 10, 50 and 100 year storms, (ix) documentation of sources for all computation methods and field test results, and (x) sufficient information to demonstrate that the proposed development, with its necessary stormwater controls, has been designed to preserve and maintain the base flow in all streams passing through, adjoining or receiving runoff from the site.
 
(4) A description of how the stormwater control measures for the project will provide the best available pollutant removal technology.
 
(5) A detailed description of and plans of, stormwater and erosion control measures including (i) proposed containment facilities and structures, (ii) calculations of infiltration area required, (iii) calculation of retention and/or detention/retention storage requirements and storage volume provided, (iv) calculation or documentation of infiltration rate, (v) calculation for release rate controls (orifice or pipe size), (vi) description of pollution control measures such as filter strips, sand filters, infiltration, (vii) provision for emergency overflow, and (viii) measures taken to obviate or reduce the need for runoff control such as use of porous pavement or crushed stone, or the minimization of land clearing or paving.
 
(6) Drainage maps at a scale specified by the Commission showing existing and proposed conditions and contours, including the watershed area and subcatchment boundaries, acreage, inlet and outlet points of streams, culverts and drainage ditches, surface features, existing and proposed structures, buildings, pavement, flow directions, existing and proposed storm sewers, streams and other drainage channels, water quantity and quality control structure including retention basins and infiltration trenches, and a location map showing the entire watershed area and indicating the project site.

(7) A certification that the stormwater control measures as designed and presented in the SCR will function adequately, will not adversely affect adjacent or downstream waters or properties, and have been designed in accordance with these regulations and the provisions of ECL Section 43-0112. The report and Plans shall bear the stamp and signature of the licensed professional engineer or architect or exempt land surveyor executing the above certification.

(8) A project schedule which shall indicate the proposed starting and completion dates for all major work phases including, but not limited to, clearing and grading, road construction, utility placement, septic systems, stormwater control measures, wharf construction, pouring or laying of footings and foundations, building construction, and interim and permanent revegetation. Particular emphasis shall be placed on those elements of the schedule relating to stormwater runoff and erosion control. In general, the stormwater control measures shall be installed first in the construction stages of a project to minimize the impacts associated with construction. Further, the project schedule shall take into account appropriate seasonal limitations for temperature and weather sensitive operations. Special measures or procedures may be required to undertake land disturbance activities occurring between October 15 and April 15.

(9) A maintenance schedule which includes (i) the construction costs related to stormwater control, (ii) the proposed stormwater control maintenance program and annual costs of implementing such, (iii) identification of the party or parties responsible for maintenance of the system over the life of the project, (iv) a copy of any maintenance agreement, (v) identification of the party or parties responsible for correcting failures or inadequate function of stormwater control measures and responsible for assuming control of the measures in the event of failure to properly maintain the system.

(e) Application Inspections. Each application shall contain the written consent of the landowner that site inspections, tests, and evaluations as are deemed necessary to verify site data contained in the application may be conducted. Such data shall include, but are not limited to, soil type, topography, depth to seasonal high groundwater, depth to bedrock and distance to surface bodies of water. During the site inspection one or more deep test holes and percolation tests may be required.

SECTION 646-4.14 DESIGN REQUIREMENTS AND PERFORMANCE STANDARDS FOR STORMWATER REGULATION.

Each municipality's Stormwater Regulatory Program shall include design requirements and performance standards which shall be not less protective than the following:
 
(a) Minor Projects. The following requirements shall apply to minor projects:
 
(1) Stormwater shall be managed on-site using stormwater control measures designed to afford optimum protection of ground and surface waters. Stormwater control measures shall be selected by giving preference to the best management practices for pollutant removal and flow attenuation in accordance with the chart found in section 646-4.14(b)(4)(i). Stormwater may be calculated in accordance with the methodology in (b)(1) and (b)(3)(i) of this section or, in the alternative, at a flat rate of 1.5 gallons of stormwater for every square foot of net increase in impervious area. Net increase is the difference between pre-development and post-development conditions. All water from newly created impervious areas which would otherwise runoff the parcel shall be directed to an infiltration device. Location of the infiltration device shall be determined based upon soil test results.
 
(2) Stormwater control measures may include, but shall not be limited to, drywells of precast concrete, pits of crushed rock lined with geotextile fabric, and infiltration trenches. Such measures may also include natural and human made landscape features such as depressions, blind ditches, retention ponds, swales and others. Inlets to infiltration devices shall be protected from sediment at all times in order to maintain their capacity.
 
(3) Infiltration devices shall not be installed up gradient within twenty (20) feet of the subsurface treatment system of a wastewater treatment system. Infiltration devices for roadways, parking lots, and other areas subject to vehicle traffic shall not be installed within 100 feet of any water well, wetland or water body.
 
(4) Infiltration devices and buildings shall be located to maintain maximum attainable horizontal distance separation from wells, wetlands and water bodies. Pumping stormwater shall not be permitted.
 
(5) The bottom of any infiltration device shall be a minimum of two feet above seasonal high ground water mark and two feet above bedrock.
 
(6) Temporary erosion controls shall be required to prevent siltation of waterbodies during construction.
 
(7) Stormwater control measures proposed to be installed at locations with slope > 15% before grading, soil percolation rate slower than 60 minuets per inch or which require placement of fill to meet horizontal distance separations specified in this subpart shall be designed by a licensed professional engineer, architect or exempt land surveyor.
 
(b) Major Projects. The following requirements shall apply to major projects:
 
(1) Methodologies for Determination of Runoff Volume. Stormwater volumes and rates of flow shall be calculated using the following methods: (i) for small watershed areas (up to 20 acres), any widely accepted method including the Rational Method may be used, (ii) for larger watershed areas any widely accepted method other than the Rational Method may be used.
 
(2) Design Requirements for Erosion Controls
 
(i) Erosion control shall be provided for all disturbed areas in accordance with Sections 3, 4, 5, 6 and 7 of the "New York Guidelines for Urban Erosion and Sediment Control" which is a publication of the Empire State Chapter of the Soil and Water Conservation Society, P.O. Box 1686, Syracuse, N. Y. 13201-1686 and dated April 1997. This document is available for public inspection and copying at the office of the Lake George Park Commission, Fort George Road, Lake George, New York and is available through the New York State Department of State, Office of Information Services, 41 State Street, Albany, New York. The temporary erosion control measures shall be maintained continuously until permanent control measures are in service. Infiltration devices shall be protected from siltation during the period of construction and until the site is successfully revegetated by use of silt screens, inlet protection devices, sediment detention ponds or other suitable erosion control measures.
 
(ii) Staging of construction to facilitate erosion control shall be required. Only those areas where construction is actively occurring shall remain open and unvegetated. All areas that are not within an active construction area shall be mulched and stabilized or shall be mulched and revegetated. An active construction area is defined as one that has seen substantial construction within the past seven (7) calendar days. Mulching or revegetation for erosion control shall be completed within ten (10) days following the last substantial construction activity.
 
(3) Design Requirements for Stormwater Control Measures.
 
(i) Stormwater control measures shall be designed so that there will be no increase in runoff volume from a ten-year frequency/twenty-four hour duration storm event following development over the predevelopment volume.
 
(ii) For storm events exceeding the 10-year design storm, the stormwater control measures shall function to attenuate peak runoff flow rates for a 25-year frequency storm to be equal to or less than predevelopment flow rates. For development greater than five (5) acres, consistent with New York State Guidelines, stormwater control measures shall function to attenuate peak runoff flow rates for a 100-year, storm to be equal to or less than predevelopment flow rates. Attenuation of the 100-year storm is intended to reduce the rate of runoff from development to prevent expansion of the 100-year flood plain so as to alleviate flooding of improved properties and roadways. The minimum requirement for peak flow attenuation can be waived for the 100-year storm event where it can be proven that downstream flooding is not a concern, such as where excess stormwater runoff is discharged to Lake George or to a regional stormwater facility designed to handle additional volume and peak discharge. The cumulative effect of all proposed development projects within the watershed should be considered in making this determination. Rainfall intensity curves for Lake George, New York shall be used in the design of these stormwater control measures. These curves are annexed to this Subpart as Appendix B, entitled Rainfall Intensity Curves. Additionally, for development greater than five (5) acres, coverage is required under a State Pollutant Discharge Elimination System (SPDES) General Stormwater Permit administered by the Department.
 
(iii) Infiltration devices shall be designed such that the bottom of the system will be a minimum of two feet above the seasonal high groundwater level to be realized following development. Where compliance with this requirement would prevent compliance with subparagraph (b) (3) (vi) of this Section, compliance with this requirement may be waived. This provision shall not apply to wet ponds and similar stormwater control measures which are designed to be built in the saturated soil zone.
 
(iv) Infiltration devices for major projects shall be located a minimum of one hundred (100) feet from Lake George and any downgradient drinking water supply, lake, river, protected stream, waterwell, pond, wetland; a separation of more than one hundred (100) feet may be required in cases where contamination of the water supply is possible due to highly permeable soils, shallow groundwater and similar situations. The separation distance shall be a minimum of fifty (50) feet from upgradient water supplies. Designs shall mitigate the possible adverse effects that groundwater recharge will have on adjacent wells, water supplies, wastewater treatment systems, buildings, roadways, properties and stormwater control measures. Stormwater recharge areas shall be located a minimum of one hundred (100) feet from the subsurface treatment system of a wastewater treatment system unless it is demonstrated that a lesser separation will not adversely affect the functioning of such leach fields.
 
(v) Infiltration devices shall be designed to extend a minimum of ten percent of the infiltration surface area below the prevailing frost depth or four feet (whichever is greater) in order to provide infiltration during winter months.
 
(vi) The design of all infiltration devices shall depend on the infiltration capacity of the soils present at the project site. The design infiltration rate shall be based on the results of hydrogeologic studies performed by the applicant during preparation of the Stormwater Control Report. The studies shall include test pits or borings located to present a clear picture of geologic and hydrologic conditions existing at the site and the areas, both on and off the site, affecting, or to be affected by, the development. A minimum of three subsurface excavations shall be conducted and the results shall be included in the SCR. Interpretive logs of all excavations shall be submitted with the report. Hydrogeologic interpretations and conclusions shall be developed by qualified persons only. Following design of infiltration devices, additional subsurface investigations to confirm soil and groundwater conditions will be required in the areas proposed for infiltration devices. The design of any project or development shall ensure that the ability to manage stormwater is not affected by the placement of structures on those soils or locations best suited for stormwater management purposes.
 
(4) Additional Requirements for Major Projects.
 
(i) Stormwater control measures shall be used in the following order of preference: (a) infiltration devices; (b) artificial wetlands and acceptable natural treatment systems; (c) flow attenuation by use of open vegetated swales and depressions; (d) stormwater detention. Stormwater control measures shall be selected by giving preference to the best management practice for pollutant removal as indicated in the chart below:
 

(ii) All stormwater control facilities shall be designed to completely drain or return to design levels in accordance with the following: infiltration basin 5 days; infiltration trench 15 days; dry well 15 days; porus pavement 2 days; vegetated depression 1 day.
 
(iii) Pretreatment devices such as sediment traps, detention/stilling basins, filter strips, grassy swales, or oil/water separators shall be provided for runoff from paved areas or other areas subject to human-induced pollution including grease and oils, fertilizers, chemicals, road salt, sediments, organic materials and settleable solids, which shall be sufficient to remove pollutants from the runoff.
 
(iv) Stormwater control measures shall, at a minimum, incorporate the best available pollutant removal technology, which shall mean that which constitutes appropriate and cost effective means for removing pollutants from runoff so that the resulting treated stormwater will not degrade the water quality of any water body.
 
(v) Stormwater control measures shall be designed to preserve and maintain the base flow in all streams passing through, adjoining or receiving runoff from the site.
 
(vi) For development or redevelopment occurring on a site where development has previously occurred, the applicant shall be required to prepare concept plans and to develop construction cost estimates for stormwater control measures to control existing stormwater discharges from the site in accordance with the standards of this Subpart to the maximum extent practicable. At a minimum the control measures shall include those reasonable and necessary to infiltrate the runoff from the first one-half inch of precipitation from any storm event for all areas within the site which have previously been developed. The phased implementation of such controls for previously developed areas may be authorized.
 
(c) General Requirements For Major and Minor Projects. The following requirements shall apply to major and minor projects:
 
(1) Stormwater control measures shall include such other measures as are deemed necessary to 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, render it unfit for human consumption, interfere with water-based recreation or adversely affect aquatic life.
 
(2) Emergency overflow provisions shall be made as necessary to prevent erosion, flooding, and damage to structures, roads and stormwater control.
 
(3) Stormwater control measures and development shall be designed so as to minimize adverse impacts to water bodies, minimize disturbance of water bodies, minimize land clearing, minimize the creation of impervious surfaces, and to maximize preservation of natural vegetation and existing contours.
 
(4) Development which involves the creation of areas subject to intensive landscape maintenance such as: golf courses, public parks and botanical gardens, shall require that a pest control and fertilizer management plan shall be prepared and included with the permit application.

SECTION 646-4.15 VEGETATIVE CUTTING AND CLEARING RESTRICTIONS IN STORMWATER REGULATORY PROGRAMS.

(a) No vegetation shall be felled into any lake, pond, river, stream or intermittent stream and if inadvertently felled into one of these water bodies, shall be removed immediately from the water body. The removal of dead, or dying, diseased trees or trees presenting a health or safety hazard shall not be exempt from this requirement.
 
(b) Within five hundred feet of the mean high water mark of any lake, pond, river, stream, or wetland, no land area, including areas stockpiled with earthen materials, which has been cleared may be made or left devoid of growing vegetation for more than twenty-four (24) hours without a protective covering securely placed over the entire area and/or erosion control devices properly installed to prevent sediments from entering the water body. Acceptable protective coverings include natural mulch of a depth of two inches, rock rip-rap, nondegradable materials such as plastic or canvas coverings, and impervious structures.
 
(c) Any area of land from which the natural vegetative cover has been either partially or wholly cleared or removed by development activities shall be revegetated within ten (10) days from the substantial completion of such clearing and construction. Acceptable revegetation shall consist of the following:
 
(1) Reseeding with an annual or perennial cover crop accompanied by placement of straw mulch or its equivalent of sufficient coverage, but not less than fifty percent (50%) of the total disturbed area, to control erosion until such time as the cover crop is established over ninety percent (90%) of the seeded area.
 
(2) Replanting with native woody and herbaceous vegetation accompanied by placement of straw mulch or its equivalent of sufficient coverage to control erosion until the plantings are established and are capable of controlling erosion.
 
(3) Any other recognized method which has been reviewed and approved as satisfying the intent of this requirement.
 
(d) Any area of revegetation must exhibit survival of a minimum of seventy-five percent (75%) of the cover crop throughout the year immediately following revegetation. Revegetation must be repeated in successive years until the minimum seventy-five percent (75%) survival for one (1) year is achieved.
 
(e) Ground clearing or grading activities which occur during the period October 15 to April 15, during which germination of vegetation typically will not take place, shall be required to incorporate extra measures during revegetation in order to reduce erosion and maintain water quality. These extra measures include, but are not limited to, the use of screen mesh, netting, extra mulch, and siltation fences.

SECTION 646-4.16 MAINTENANCE OF STORMWATER CONTROL FACILITIES UNDER STORMWATER REGULATORY PROGRAMS.

Stormwater control measures shall include, at a minimum, provisions for the future maintenance of the site, consistent with the following:

(a) Applicability. Prior to issuance of a certificate of completion for any major project, or any minor project where it is deemed necessary, a stormwater management maintenance agreement may be required.
 
(b) Purpose. The stormwater management maintenance agreement shall ensure that stormwater control facilities are maintained in working condition throughout the life of the project.
 
(c) Requirements. The stormwater management maintenance agreement shall satisfy the following requirements:

(1) Be in writing and be executed by each owner of the project and the municipality, and shall bind the owner(s), their successors and assigns to future maintenance of stormwater control facilities serving the project.

(2) Be binding on all owners of lands within the project and all parties to the agreement, their successors and assigns for the life of the project.

(3) Include provisions to raise, maintain and expend funds for necessary maintenance and repair functions over the life of the project.

(4) Provide that if maintenance and repair activities are not performed in compliance with its terms, the municipality shall be entitled to perform or contract for the necessary services and charge the then current project owners for the cost thereof, including any related legal fees and disbursements.

(5) Provide for timely and routine inspections to be performed on all stormwater control facilities at intervals of no less than five years, and that written reports of these inspections shall be filed with the municipality and with the Commission.

(d) Notice. The stormwater management maintenance agreement shall be recorded in the office of the County Clerk or its terms shall be incorporated into covenants appearing in the deed, declarations of covenants and restrictions or other such documents to ensure that record notice of its terms is provided to future owners of the site. It shall also be included in the offering plan, if any, for the project. A copy of each stormwater management maintenance agreement shall be filed with the Commission, which shall be made a third-party beneficiary of all such agreements, entitled to enforce their terms.

(e) Initial Maintenance Security. The project owner(s) or sponsor shall establish a maintenance security in the form of a bond, letter of credit, escrow account, or other acceptable security, for the purpose of rebuilding, maintaining or repairing the stormwater control facilities during the first two years following the approved completion of construction.

SECTION 646-4.17 CRITERIA FOR ISSUANCE OF PERMITS IN STORMWATER REGULATORY PROGRAMS.

(a) An application may be approved, denied, or approved with modifications or conditions, including modifications to non-stormwater aspects of the development necessary to achieve the required level of stormwater management.

(b) No stormwater management permit shall be issued unless the the following findings are made and are supported by substantial evidence. The facts supporting such findings shall be set forth in the decision document or permit. The issued permits shall set forth all required conditions and incorporate all necessary documents and maps.

(1) That the project meets the design requirements and performance standards set forth in ECL Section 43-0112, this Subpart and the municipality's Stormwater Regulatory Program, if applicable.

(2) That the project will not have an undue adverse impact on the health, safety and welfare of the public or on the resources of the Lake George Park and will not lead to a diminution of water quality, an increase in erosion, or an increase in stormwater runoff from the site either during or following construction.

(3) That the stormwater control measures proposed for the proposed project will function as designed and that such measures represent the best possible methods and procedures for controlling stormwater runoff that is feasible and practicable at the particular project site.

(4) That adequate and sufficient measures have been taken to ensure accountability and responsibility over the life of the project should the stormwater control measures not function as intended, fail, or suffer from inadequate maintenance to ensure its proper functioning.

(5) That the proposed project will not contribute to flooding, siltation or streambank erosion and will not result in any increase, directly or indirectly, in pollution to Lake George or its tributaries from stormwater runoff.

SECTION 646-4.18 VARIANCES FROM STORMWATER REGULATORY PROGRAMS.

(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 this 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 646-4.13 of this Subpart.

(d) A permit application involving a variance shall be processed in accordance with 645-5 of this Part 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-b 3. (b) of New York State Town Law. The decision on a variance under municipal jurisdiction shall be in accordance with Section 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 §806 of the Adirondack Park Agency Act (Executive Law, Article 27) must be in compliance with that Section and §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 ECL, 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 fifteen (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.

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