N.Y. Comp. Codes R. & Regs. tit. 9 § 572.3

Current through Register Vol. 46, No. 25, June 18, 2024

Section 572.3 - Preliminary consultations and preapplication conceptual review

(a) Any sponsor of a proposed large scale project may request preliminary consultations and an informal assessment of the proposed project and site by the agency staff. A general description of the proposed project and general information concerning the project site should be provided. A sponsor may also request written recommendations from agency staff.

(b)

(1) Any project sponsor of a proposed large scale project may after preliminary consultations and informal assessment with staff as provided in subdivision (a) of this section request preapplication conceptual review by the regulatory programs committee.

(2) Requests for preapplication conceptual review shall be submitted in writing to the deputy director- regulatory programs. The request shall include identification of the project site and a statement of the goal(s) of the project, and any reasonable alternative preliminary project designs which also achieve the project goal(s). Should a project sponsor believe that no reasonable alternatives exist which achieve the project goal(s), the project sponsor may include a statement describing the reasons for such a conclusion. Upon receipt of a conceptual review request, agency staff may provide an individualized request for additional information regarding the project and any reasonable alternatives which would achieve the project goal(s). Agency staff shall also publish notice of the request for conceptual review in the Environmental Notice Bulletin.

(3) The staff shall, within 45 calendar days, review the materials once all the information agreed to has been submitted and formulate recommendations to the regulatory programs committee. The agency may solicit public comment on the project sponsor's materials and the recommendations of staff. The staff recommendations to the regulatory programs committee shall include consideration of the calculation of the overall intensity guidelines, the compatibility of the project with the land use area and community, and potential impacts of any alternatives under consideration. The staff shall also recommend its preferred alternative, shall identify any issues that should be addressed in the permit application as can be identified in the information provided, suggest guidelines for the development of the final plan, and make any other recommendations relevant to impacts and approvability of the project or alternatives.

(4) Should staff conclude, within 45 calendar days, that a project sponsor has provided insufficient information as part of a request for conceptual review specified in paragraph (2) of this subdivision, staff shall recommend to the regulatory programs committee that the committee deny the applicant's request for conceptual review. The recommendation shall specify the deficiency of the information provided regarding the project site, goal(s) of the project, and/or reasonable alternative preliminary project designs.

(5) The request for preapplication conceptual review and the staff recommendation shall be presented to the regulatory programs committee, which shall consider the matter at a regularly scheduled meeting at which members of the general public are invited to be heard. The agency shall provide reasonable prior notice to the public of such meeting and of the opportunity to be heard. After the meeting, and the expiration of an additional 30-day period for public comment, the committee shall provide its recommendations in writing.

(6) The members of the committee shall endeavor, through the formulation of consensus recommendations, to provide the project sponsor as much guidance as possible in the design of the project to conform with pertinent approval criteria.

(7) The amount and value of guidance which can be expected in preliminary consultations and conceptual review is dependent on the quality of the information provided. In this respect such information (including when requested permission to enter upon the project site) will be critical to that guidance; and, thus should be provided as soon as reasonably practical.

(c) Plans and information provided by the project sponsor shall not be binding upon the project sponsor; nor shall findings or recommendations by the agency staff for purposes of this section constitute authorization to commence the project and shall not be binding upon the agency with respect to any subsequent permit application or other approval for the proposed project.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 572.3