N.Y. Comp. Codes R. & Regs. tit. 9 § 8700.3

Current through Register Vol. 46, No. 45, November 2, 2024

Section 8700.3 - Procedure for conceptual review

(a) A request for a conceptual review of a proposed business undertaking, project or activity shall be made in writing to the director, by a person proceeding in accordance with the master application procedure described in Part 8600 of this Subchapter. A determination whether to provide a conceptual review shall be made by the director within 30 days of receipt of the request.

(b) A conceptual review may be provided when the proposed business undertaking, project or activity meets the following criteria:

(1) may require multiple permits;

(2) takes place in phases over an extended period of time; or

(3) involves substantial expense for preparing detailed plans, specifications and permit applications.

(c) The director, after examination of the master application project information form and the results of a preapplication conference, if one is held, shall notify the applicant and the interested State agencies in writing of his determination whether or not the proposed business undertaking, project or activity meets the criteria for conceptual review.

(d) The interested State agencies involved in a conceptual review shall use the master application project information form and any other additional information as they may reasonably require from the applicant in order to complete their conceptual review. Additional information may include but not be limited to the following:

(1) a statement describing the proposed business undertaking, project or activity in general, including a description of proposed buildings, type of construction, availability and proximity of water and sewerage, anticipated air emissions, water discharge and solid wastes, roads and parking;

(2) whatever maps, plans or diagrams of the proposed business undertaking, project or activity are needed to render a conceptual determination; or

(3) a statement as to the anticipated financing of the phases of the proposed business undertaking, project or activity.

(e) The conceptual review shall provide:

(1) an official opinion as to the general acceptability of the proposed business undertaking, project or activity, including any future stages of development;

(2) a list of all permits which may be required by each interested State agency;

(3) the standards and conditions which would have to be met in order to obtain approval for such permits; and

(4) any related circumstances or findings.

(f) Where more than one agency requires the conduct of public hearings in their conceptual review process, the person proposing such business undertaking, project or activity or any interested State agency or agencies may request the director to seek consolidation of those public hearings. The hearings so conducted shall be in a manner consistent with the State Administrative Procedure Act and section 885 of the Executive Law of the State of New York.

(g) Any interested State agency which is authorized by other provisions of law to conduct its own conceptual review may elect to follow such conceptual review provisions after consulting with the director and the person.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 8700.3