646-4 Stormwater Management

SECTION 646-4.1 PREAMBLE.

Environmental Conservation Law Section 43-0112 directs the Lake George Park Commission ("Commission") to develop regulations to guide preparation of local stormwater management plans and regulatory programs.

The statutory provisions state that municipalities within the Lake George Park shall develop and implement the Plans and Programs consistent with the regulations and subject to the approval of the Commission not later than eighteen (18) months from the effective date of the regulations. If the Commission determines that a municipality has failed to develop a plan or program or fails to implement an approved plan or program, then the Commission shall assume the authority of the municipality to do so.

The regulations are contained in Section 646-4 of this Title and they first became effective on September 19, 1990. The regulations provide that the Commission prepare a model ordinance as an aid to local government and a means to streamline review of local regulatory programs. The Model Ordinance was completed and provided to each municipality on December 15, 1990. The Commission also prepared and established additional aids for the municipalities.

On April 17, 1992, following expiration of the eighteen (18) month statutory time frame, the Commission assumed jurisdiction over stormwater in three municipalities which had determined not to develop a plan or regulatory program.

Before the Commission approved any local regulatory program or stormwater plan in municipalities which had determined to develop a plan or regulatory program, the regulations were amended. This section was added to put these amendments in context. The purpose of the amendments was to reduce procedural and regulatory inconsistencies which had been identified during the review of several preliminary local Stormwater Regulatory Programs and which had a direct bearing on decisions affecting municipal Programs which had been submitted for approval. The timing of the amendments was such that the revisions would be in place prior to review and approval of local regulatory Programs and Stormwater Management Plans. Thus, no local Plan or regulatory Program was approved prior to the referenced amendments.

Accordingly, the amendments include a provision which affords additional time for municipalities to complete action on local Programs and Plans. In the interest of ensuring that the water quality protection benefits of improved stormwater management not be unduly delayed, the amendments set a time period of nine (9) months from notice of the effective date of the amendments to this Subpart within which the municipalities must act to complete and implement a stormwater management plan and regulatory program. Once the nine-month period has passed and a municipality is not in compliance with the time limit set forth in this Subpart, the regulations provide that the Commission shall assume jurisdiction over stormwater in such a municipality.

SECTION 646-4.2 PURPOSE AND INTENT.

The purpose of this Subpart is to protect and safeguard the general health, safety, and welfare of the public residing in or visiting the Park by preserving and protecting the quality of the ground and surface waters of the Park. This Subpart has the following objectives:

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

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

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.

SECTION 646-4.3 APPLICABILITY.

(a) General Applicability. This Subpart shall apply to any municipality lying wholly or partially within the Park, the Commission and all development within said municipalities except development which is expressly exempt pursuant to Section 646-4.5 of this Subpart. Stormwater Management Plans and Stormwater Regulatory Programs shall apply to all land within the Park. Their application to other areas within a municipality is encouraged in order to protect other water resources, but is not required by this Subpart.

(b) Applicability Under Municipal Jurisdiction. A Stormwater Regulatory Program is applicable to all development projects within the municipality and within the Lake George Park except for projects specifically exempted by the program. In any municipality where there is a Program in effect approved pursuant to this Subpart, the rules for the applicability of the Program to projects for which applications have previously been filed, or which have received other required permits, shall be set forth in the Program.

(c) Applicability Under Commission Jurisdiction. In any municipality where the Commission has assumed jurisdiction over stormwater management pursuant to ECL Section 43-0112(3) and Sections 646-45 and 646-4.6 of this Subpart, a permit from the Commission shall be required in accordance with Sections 646-4.5, 646-4.12 and 646-4.13 of this Subpart. The design standards for stormwater controls contained in this Subpart shall be applicable in the review of permit applications. Permit applications shall be processed in accordance with the provisions of 645-5 except that the project classifications contained herein shall govern.

SECTION 646-4.4 DEFINITIONS.

(a) Terms defined in Section 645-2.1 of this Title shall have the meanings set forth in that Section. Terms not defined in this Subpart shall have their usual and ordinary meanings.

(b) The following terms shall have the stated meanings when used in this Subpart or in documents prepared or reviewed by the Commission.

(1) Agricultural activities means the activities of an active farm including grazing and watering livestock, irrigating crops, harvesting crops, using land for growing agricultural products, and cutting timber for sale, but shall not include the operation of a dude ranch or similar operation, or the construction of new structures associated with agricultural activities.

(2) Base flow means the stream discharge from groundwater runoff.

(3) Blind drain means a drain consisting of an excavated trench refilled with pervious materials, such as coarse sand gravel or crushed stone through which water percolates and flows toward an outlet, often referred to as a French drain.

(4) Building footprint means that two-dimensional plane area of a building or structure which results when the height dimension is removed and which shows an aerial view of said building or structure including garages, sheds, porches, eaves, covered breezeways, entryways and other similar attached appurtenances.

(5) Catch basin means an inlet structure for the collection of stormwater from impervious surfaces designed with a sump to trap sediment.

(6) Commission means the Lake George Park Commission.

(7) Department means the Department of Environmental Conservation of the State of New York.

(8) Detention means the practice and procedures associated with the delayed release of stormwater so as to reduce peak flow, maintain base flow, increase opportunity for recharge to groundwater, and reduce opportunity for surface runoff and soil erosion.

(9) Detention structure means a permanent structure for the temporary storage of runoff which is designed so as not to create a permanent pool of water.

(10) Develop land means to change the runoff characteristics of a parcel of land in conjunction with residential, commercial, industrial or institutional construction or alteration.

(11) Development means any building, construction, expansion, alteration, modification, demolition or other activity, including land clearing, land disturbance, grading, roadway construction or expansion, mining or mineral extraction which materially changes the use or appearance of land or a structure, or the intensity of the use of land, or the creation of a subdivision which may result in such activity, but not including interior renovations to a structure, a change in use of a structure which results in no land disturbance, or the construction or modification of a dock, wharf or mooring.

(12) Development area or site means any parcel of property or lot or combination of contiguous lots which (a) are in common ownership, or (b) are in diverse ownership where development is to occur in common. For the purposes of this Subpart contiguous lands shall include those separated by a public highway.

(13) Disturbed area means that part of a development site area where actual land disturbance, vegetation removal, or construction of buildings, structures or utilities will occur or has occurred.

(14) Drainage area means all of the area of land contributing runoff flow to a single point.

(15) Erosion means the wearing away of the land surface by water, wind, or ice or the detachment and movement of soil or rock fragments by water, wind, ice or gravity.

(16) Filter strip means a strip of permanent vegetation above ponds, diversion terraces and other structures to retard flow of runoff, causing deposition of transported material, thereby reducing sediment flow.

(17) Flow attenuation means prolonging the flow time of runoff to reduce the peak discharge.

(18) Hydrograph means a graph showing variation in stage (depth) or discharge of a stream of water over a period of time.

(19) Impervious area means an area covered by pavement, rooftops, and/or other structures or materials, which is either impervious to water or which substantially prevents the infiltration of water into the soil at that location.

(20) Infiltration means the downward movement of water from the surface to the subsoil. Infiltration rate is typically expressed as inches per hour.

(21) Infiltration device means a stormwater recharge area, drywell, recharge basin, retention basin or any other engineered structure designed to infiltrate stormwater.

(22) Infiltration rate means a soil characteristic determining or describing the maximum rate at which water can enter the soil under specified conditions, including the presence of an excess of water.

(23) Land disturbance or land clearing means grading, digging, cutting, scraping, excavating, removing of soil, placement of fill, paving or otherwise covering, construction, substantial removal of natural or human-made vegetation, replacement of natural vegetation with lawn or other human-made vegetation, demolition or other removal of human-made features, or any activity which bares soil or rock. For the purposes of calculating the square footage affected by any development in order to determine a project's classification, all affected areas of the development site shall be considered in aggregate whether or not the affected areas are contiguous.

(24) Mulch means a natural or artificial layer of plant residue or other materials, such as sand or paper, on the soil surface which reduces erosion, maintains soil moisture and facilitates seed germination.

(25) Municipality means a town or village located in whole or in part within the Park.

(26) Nonpoint source means any source from which pollutants are or may be discharged which is not a point source.

(27) Offering plan means a prospectus as required by §352-e of the General Business Law.

(28) Peak flow means the maximum instantaneous flow of water from a given condition at a specific location.

(29) Point source means any discernible, confined and discrete conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, vessel or other floating craft, or landfill leachate collection system from which pollutants are or may be discharged.

(30) Pollution means the condition caused by the presence in the environment of substances of such character and in such quantities that the quality of the environment is impaired or rendered offensive to life

(31) Pollution source controls means the structures and practices used in reducing contaminants from point and/or nonpoint sources.

(32) Porous pavement means an open graded paving material which allows water to pass through it.

(33) Predevelopment means those site conditions which legally existed prior to the commencement of any activity regulated by this Subpart.

(34) Project means any land use or development activity proposed by an applicant which is subject to this Subpart.

(35) Project life means the anticipated or actual time a project will be used, utilized or remain in functional existence.

(36) Rainfall intensity means the rate at which rain is falling at any given instant, usually expressed in inches per hour.

(37) Rational method means a widely accepted method for calculating stormwater runoff, volume and rates of flow for stormwater shed areas up to twenty acres.

(38) Redevelopment means any activity which alters a previously developed site.

(39) Retention means the practice of holding or directing stormwater except that portion evaporated or bypassed in an emergency, in or to a given area so that all the stormwater will be infiltrated into the subsoil.

(40) Retention pond means a recharge basin which is designed to infiltrate all of the stormwater it receives and which normally has no outflow.

(41) Revegetation means the natural or artificial replacement of vegetation on a project site to reduce erosion, decrease runoff, improve water quality and improve aesthetic qualities of exposed soils.

(42) Runoff controls means those structures and/or devices, including, but not limited to, dry wells, porous pavements, ditches, wetlands, holding ponds, recharge areas, and retention/detention basins which recharge groundwater and provide for peak flow attenuation.

(43) Significant habitat means that area or region important in fulfilling the daily or seasonal habitat requirements of any species of plant or animal designated as endangered, threatened, rare, or of special concern by the Department pursuant to ECL Sections 11-0535 and 9-1503 and the Department's regulations thereunder, or by any individual species or any group or natural community of nonlisted plants and animals of significant economic, recreational, aesthetic, ecological or scientific importance.

(44) Siltation trap means a structure designed to trap sand and silt sized particulate matter from stormwater.

(45) Site - (See Development Area)

(46) Stormwater means water produced by precipitation including snow melt which does not evaporate and which flows over a natural or human-made surface or into a natural or human-made channel.

(47) Stormwater Concept Plan or SCP means a report prepared in accordance with Section 646-4.13(b) of this Subpart by or on behalf of a project sponsor which includes analysis of a site's environmental characteristics, potential impacts of the development on water resources and the effectiveness and acceptability of the proposed stormwater management system in order to determine the types of stormwater measures necessary for the proposed development.

(48) Stormwater control measures means all those natural and man-made structures, infiltration devices, erosion controls, systems, facilities, agreements, institutional arrangements, and financial provisions to manage stormwater including, but not limited to, any of the following: dry wells, pits of crushed rock, infiltration trenches, retention ponds, detention ponds, blind ditches, swales, pipes, culverts, natural depressions, porous paving, recharge areas, and basins.

(49) Stormwater Control Report or SCR means a report prepared in accordance with section 646-4.13(b) of this Subpart by or on behalf of a project sponsor which evaluates the quantity and quality of stormwater runoff resulting from the proposed project. The report shall include a set of drawings and other documents to provide all the necessary information and specifications pertaining to stormwater management and associated pollution control for a particular site. The SCR is intended to implement the SCP.

(50) Stormwater design plan means the written narrative, maps, and diagrams prepared for the purpose of runoff control on a specific development site, based upon survey and analysis of the site.

(51) Stormwater management means, (1) for quantitative control, a system of vegetative and structural measures that control the increased volume and rate of surface runoff caused by human-made changes to the land; and (2) for qualitative control, a system of vegetative, structural and other measures that reduce or eliminate pollutants that might otherwise be carried by surface runoff.

(52) Stormwater Management Maintenance Agreement means an agreement between the project sponsor and some other entity to ensure adequate maintenance and repair of the stormwater management system over the life of the project.

(53) Stormwater Management Plan or Plan means a local stormwater management plan adopted by a municipality pursuant to this Subpart and ECL Section 43-0112.

(54) Stormwater recharge area means an area of land used for the purpose of infiltrating stormwater.

(55) Stormwater Regulatory Program or Program means a local stormwater regulatory control program adopted by a municipality pursuant to this Subpart and ECL Section 43-0112.

(56) Stormwater runoff means any surface water runoff or runoff in channels which results directly either from a rainstorm or from the melting of snowpack.

(57) Stream shall include any permanent or intermittent water course.

(58) Stream corridor means that area within one hundred (100) feet of the high water mark of any stream or river protected and/or regulated by New York State Department of Environmental Conservation, or wetlands adjacent thereto.

(59) Subcatchment means an identifiable drainage area contained within a larger watershed or drainage area.

(60) Subdivision means a division of any land into two or more lots, parcels or sites, whether the new lots are adjoining or not, for the purpose of sale, lease, license or any form of separate ownership or occupancy by any person, including the conveyance of lands in common ownership which are divided only by a road or utility right-of-way. Creation of a condominium or townhouse project shall be considered a subdivision. This definition shall not apply to conveyances of small parcels of land to correct a boundary of a lot, so long as such conveyance does not create additional lots.

(61) Surface water runoff means water which flows over the land and does not percolate into the soil, and which may run off as a sheet, rill or stream flow.

(62) Time of concentration means the time required for water to flow from the most remote point of a watershed, in a hydraulic sense, to the outlet.

(63) Water body means any lake, pond, river, stream, intermittent stream or wetland.

(64) Water table means the upper surface or top of the saturated portion of the soil or bedrock layer, indicating the upper extent of groundwater.

(65) Watershed means the total drainage area contributing runoff to a single point.

SECTION 646-4.5 PROHIBITIONS.(a) Wherever the Commission has assumed jurisdiction for stormwater management within the Lake George Park pursuant to Section 43-0112(3) of the Environmental Conservation Law and unless otherwise exempted herein, no person shall build, construct, erect, expand or enlarge any building or structure or place or construct any impervious surface such as pavement, blacktop, macadam, packed earth and crushed stone without first receiving a permit issued by the Commission pursuant to this Subpart.   (b) No owner of real property located within the Lake George Park shall maintain a condition, which due to a human disturbance of land, vegetative cover, or soil, results in the erosion of soil into any water body. The Commission shall notify a property owner of such condition on his property and shall afford a reasonable time period to correct any such condition before a violation shall be deemed to exist.   (c) Except for the activities exempted herein, no person shall operate a land clearing machine such as a back hoe, grader, or plow or similar device so as to clear, grade, or otherwise remove vegetative cover or soil or to overlay natural vegetative cover with soil or other materials when such activity involves an area of land greater than 5000 square feet without first receiving a permit from the Commission pursuant to this Subpart.   (d) No person shall create a condition of flooding, erosion, siltation or ponding resulting from failure to maintain previously approved stormwater control measures where such condition is injurious to the health, welfare or safety of individuals residing in the Park or injurious to any land within the Park. The Commission shall notify a property owner of such condition on his property and prescribe measures necessary to reestablish effective performance of the approved stormwater control measures. The Commission shall afford such property owner a reasonable time period in which to correct any such condition, before a violation is deemed to exist.   (e) No person shall build, alter or modify a stormwater control measure without first receiving a permit from the Commission. Such building, alteration and/or modification does not include the ordinary maintenance, cleaning and/or repair of stormwater control measures.   (f) The following activities are exempt from the requirements of this Subpart:   (1) Emergency repairs to any stormwater control measure.   (2) Development involving land disturbance and land clearing of less than 5000 square feet which does not result in the creation of new impervious surfaces of more than 1000 square feet.   (3) Any logging or agricultural activity which is consistent with a soil conservation plan approved by the appropriate County Soil and Water Conservation District or a timber management plan prepared or approved by the Department, as applicable.   (4) Any building, construction or land clearing occurring outside the drainage basin of Lake George from which all stormwater discharged from the development site is discharged outside of the basin.   (5) Activities of an individual engaging in home gardening by growing flowers, vegetables and other plants primarily for use by that person and his or her family.   (6) Construction of an approved wastewater treatment system and construction of a wharf, dock, boathouse and mooring.

SECTION 646-4.6 STORMWATER MANAGEMENT PLANS AND STORMWATER REGULATORY PROGRAMS REQUIRED.   (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, attached hereto as Appendix A, 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 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 646-4.7(k). Some sections within this Subpart, referring to stormwater regulatory standards and procedures, do not identify the entity which has decision-making, 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 decision-making, 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 subsection (d) of this Section.

SECTION 646-4.7 TIME LIMITS FOR PREPARATION AND PROCEDURES FOR REVIEW OF STORMWATER MANAGEMENT PLANS AND STORMWATER REGULATORY PROGRAMS.   (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 ECL 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 ninety (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 to 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 eighteen (18) months in accordance with ECL 43-0112(1)(a). This eighteen-month time period has expired. The time limit for preparing Plans and Programs shall be nine (9) months from the date of notice, as required in (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 (9) months from the date of notice of any amendments to this Subpart, the completion of the study recommendations pursuant to ECL 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 ECL 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 ECL Section 43-0112 and this Subpart, and   (2) whether the Plan, Program or amendment thereto has been amended to adequately respond to recommendations and comments of the Commission   (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.   (i) Following Commission approval, a Plan shall be adopted by the Board of the municipality within sixty (60) days. Following Commission approval a Program shall be adopted as a local ordinance or local law by the Board of the municipality within sixty (60) days. The sixty day (60) time periods shall begin the day after Commission approval of a Plan and/or Program.   (j) The Commission may extend any time limit specified herein based upon a written request provided it is in the public interest and there is good cause demonstrated.   (k) The Commission may assume a municipality's authority to regulate stormwater management and shall revoke its approval of any existing Programs where the Commission determines that any one of the following circumstances exist:   (1) A municipality has determined not to prepare a Plan or Program.   (2) A municipality has failed to adopt a Plan or Program; to meet any time limit for the delivery of the notice of intent, the submission or adoption of a Plan or Program, or the incorporation of amendments to this Subpart and recommendations made pursuant to ECL 43-0112(2) in any existing and approved Plan and/or Program.   (3) A municipality has failed to properly implement a Program by failing to administer and enforce the Program adequately to carry out the policies, purposes and objectives of the Program.   (l) The Commission shall not revoke its approval of a municipality's Program without giving the municipality notice and an opportunity to be heard, but no adjudicatory hearing shall be required.

SECTION 646-4.8 GENERAL REQUIREMENTS FOR STORMWATER MANAGEMENT PLANS. Each municipality's Stormwater Management Plan shall, at a minimum:   (a) Provide for the implementation of the Plan and its integration with other components of the municipality's land use planning program, such as zoning, subdivision, sanitary and site plan review controls, provide for the coordination of stormwater management with adjoining communities, and provide for public participation in stormwater planning and decision-making.   (b) Establish objectives and set policies which ensure that pollutant loads in stormwater runoff are minimized, that stormwater runoff is recharged to groundwater to the maximum extent possible, and that increases in the annual volume of stormwater runoff entering Lake George as a result of any land use or development are prevented. The objectives and policies shall also apply to new, expanded or altered development, land clearing, land grading and erosion and sedimentation control measures. Said policies and objectives shall address land use practices such as the use of pesticides and other chemicals, fertilizers, road salt, sand and other possible contaminants in maintaining or managing new or existing land resources, roads and structures, and shall establish policies and objectives for stormwater management for projects undertaken by state and local government bodies, and remediating the effects of stormwater runoff from presently existing private facilities and government facilities including highways, parking lots and buildings.   (c) Assign responsibility for stormwater management planning and regulation to one or more elected or appointed local boards, which may be a board appointed specifically for that purpose, or to qualified staff persons. Municipal authority to make stormwater-related decisions may be delegated to such a designated board or to such staff, provided the scope and limits of authority are clearly specified. The staff position or type of retained consultant who will advise the administering board shall be described, together with the qualifications which shall be required for such position. Duly qualified engineering and project review personnel or consultants shall be required for reviewing development project plans, programs, reports and construction.   (d) Establish procedures for periodically revising stormwater management plans and stormwater regulatory programs and overseeing implementation, as an on-going process, including administration of regulatory controls and execution of nonregulatory methods for accomplishing Plan objectives.   (e) Outline and summarize the Stormwater Regulatory Program to be adopted consistent with the requirements of this Subpart.   (f) Develop and implement procedures for ensuring that private and municipal stormwater control structures and natural or human-made features used to control stormwater runoff are properly and periodically maintained, and are replaced in timely fashion as may become necessary. The procedures must provide for adequate funding and administrative control in perpetuity.   (g) Consider, in determining the significance of stormwater impacts on the Lake, past degradation of the Lake's water quality, the cumulative impact of proposed projects and any other development or activities in the Park which can be reasonably anticipated and the assimilative capacity of the Lake.   (h) Provide for the application of the Plan to projects undertaken or constructed by the municipality.  

SECTION 646-4.9 STORMWATER MANAGEMENT PLAN REQUIREMENTS IN AREAS WHERE DEVELOPMENT IS OCCURRING. Each Stormwater Management Plan shall, at a minimum, include the following elements for those areas where new land use and development, including redevelopment, is occurring or where, under applicable zoning or other land use controls, new land use and development may occur in the future:   (a) Maps of individual parcels and general land areas where development is occurring or may occur in the future delineating the location and capacity of the existing stormwater infrastructure serving those parcels or areas, including community storm sewers and human-made retention and detention control structures as well as natural stormwater control features. Such maps shall also depict major roads, streams, watersheds, ponds, wetlands, land use zones, soil types and areas with slopes generally greater than fifteen (15) percent and delineate, within each watershed, lands having potential for use as dedicated stormwater recharge areas. The Commission shall establish standardized map formats and uniform scales to be used by the municipalities to promote the goal of a consistent planning reference for the Park.   (b) A method for evaluating potential stormwater recharge areas on the basis of existing land use, soil profile, slope and bedrock characteristics, and similar factors related to the protection of public health and safety and the maintenance of water quality.   (c) Measures that the community intends to adopt to protect potential stormwater management areas so as to preserve such areas for treating and infiltrating stormwater runoff. These areas may be preserved and protected by fee acquisition, gifts, easements, use and density restrictions such as zoning, or other appropriate methods.   (d) A means of entering into agreements with other municipalities to use common areas within a watershed for stormwater infiltration purposes, subject to review by the Commission.   (e) An evaluation of the long-term capability to control stormwater and a description of steps, including acquisition, easement or regulatory control, proposed to be undertaken to protect natural stormwater control features such as streams, ponds and wetlands. (f) Proposed amendments to existing land use planning controls, if necessary, to ensure that permitted development is consistent with stormwater management standards set forth in this Subpart.

SECTION 646-4.10 STORMWATER MANAGEMENT PLAN REQUIREMENTS FOR DEVELOPED AREAS.
 
(a) Pursuant to ECL Section 43-0112(2) the Commission shall prepare a study of the feasibility of reducing the impacts of stormwater runoff in areas where development has already occurred. The recommendations of such study shall be incorporated into Stormwater Management Plans and Stormwater Regulatory Programs. Municipalities nevertheless should identify, early in the planning process, geographic areas and land-based activities requiring attention to alleviate adverse stormwater related impacts upon water quality and erosion. Municipalities are also encouraged to begin to consider policies and methods to address such impacts prior to completion of the study.
 
(b) The Plan may include in relation to such geographic areas and land-based activities:
 
(1) a description and location of major stormwater outfall points;
 
(2) an analysis of existing data on flows and pollutants discharged from major stormwater outfalls and an evaluation of the need to gather additional data in order to (i) establish baseline levels of elements and compounds being discharged at major stormwater outfalls, and (ii) rank major stormwater outfalls in order of the amount, levels and volume of stormwater and pollutant loads being discharged;
 
(3) specific objectives which can reasonably be expected to be undertaken by state and local government to reduce or prevent any increase in stormwater runoff and stormwater pollution from new development or redevelopment. In setting specific objectives, the Plan shall evaluate the following: (i) construction of new stormwater management facilities such as siltation traps, catch basins, and/or retention ponds, independently, or as part of any public road project or other development, (ii) improved maintenance of existing stormwater management facilities, (iii) targets for reduction in volume of road de-icing sand and salts, (iv) improvements in runoff controls at road sand and salt storage areas, (v) reduction in the volume of fertilizers and pesticides applied to public and private lands, (vi) action to improve spring cleanup of road sand and salt including identification of suitable disposal sites, (vii) alteration of existing stormwater facilities to reduce the volume of stormwater mixed with surface water flows from the undeveloped upland thereby reducing the volume of polluted water to be controlled, (viii) action to stabilize eroding areas such as road banks, stream crossing sites, sand and gravel mines and (ix) action to improve street sweeping, litter and lawn clipping and other housekeeping measures; and
 
(4) an identification of ponds and wetlands and areas of watercourses now receiving stormwater and an evaluation of their potential to absorb additional stormwater flows and pollutants without undue adverse impacts to the wetland or watercourse.

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