[Added 2-16-2011 by L.L. No. 1-2011]
The people of the State of New York have in the New York State
Constitution, Article IX, Section 2, delegated the responsibility
to local governmental units to adopt regulations designed to promote
the public health, safety, and the general welfare of its citizenry.
More particularly, Municipal Home Rule Law of the State of New York
at §10 grants to local governments the power to adopt and amend
local laws.
The purpose of this chapter is to provide for the orderly and
prudent application of the recent changes enacted or proposed by the
New York State Department of Environmental Conservation regarding
the design criteria, specifications and standards pertaining to stormwater
discharge and stormwater pollution prevention plans reviewed and monitored
by local municipalities, and, more particularly, the guidelines and
criteria set forth in the Storm Water Management Design Manual, dated
August, 2010, to become effective March 1, 2011, as the same relates
to projects that have received preliminary subdivision approval, site
plan approval, or similar required approval or approvals from the
Town of Sullivan and where the SEQR process is complete and has been
approved by the Town of Sullivan or other involved governmental body,
department or agency.
A.
Projects
located within the Town of Sullivan that have completed the required
SEQR review process and obtained a SEQR determination, and have obtained
the required approval or approvals, primarily preliminary subdivision
approval or site plan approval, prior to March 1, 2011, shall be subject
only to the existing design standards and specifications promulgated
by the New York State Department of Environmental Conservation in
effect prior to March 1, 2011. The Design Manual, dated August 2010,
as amended ("Storm Water Management Design Standards") effective March
1, 2011, shall only apply to new projects within the Town of Sullivan
and shall not be required for the completion of any existing projects
as set forth herein.
B.
All projects
that have received approval by the Town of Sullivan, prior to March
1, 2011, where the owners of said properties have demonstrated a manifest
intention to either commence construction or have actually commenced
construction of the project, either in whole or in part, based upon
phasing of the project (an "approved project"), shall be exempt from
the application of the new design criteria as set forth in the Storm
Water Management Design Manual, dated August 2010, in completing the
project as originally approved and shall be subject only to the design
standards and criteria in effect as of the date each project was approved
by the Town.
Nothing contained herein is intended or shall be deemed to modify,
alter or amend the SEQR review process as provided by Title 6, Department
of Environmental Conservation, Chapter VI, General Regulations, Part
617, State Environmental Quality Review.
