[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.