§ 1-08.5 Determination of Significance and Publication of Determination.
RCNY § 1-08.5
(a)Negative Declaration: If the CEQR determination of significance is a negative declaration, the Board will issue the declaration at the time the resolution regarding the proposed action is issued, and such negative declaration will be stated in the Board's resolution.
(b)Conditional Negative Declaration: Proposed conditional negative declarations will be transmitted to the applicant in advance of the Board's resolution regarding the proposed action. Upon receipt of the applicant's signature and agreement to the prescribed conditions, the Board will publish the conditional negative declaration and the EAS in the City Record and any other required publications, followed by a thirty (30) day public comment period. If, after the comment period, the Board determines that a draft Environmental Impact Statement (EIS) is not required, the Board will issue its CEQR determination concurrently with the resolution on the proposed action, and the conditional negative declaration will be stated in the resolution. If the Board determinesthat a draft EIS is required, the Board will issue a positive declaration, and a draft EIS will be required.
(c)Positive Declaration: If the CEQR determination is a positive declaration then the Board will issue such determination prior to its issuance of a resolution on the proposed action. Positive declarations will be transmitted to the applicant along with a request that the applicant prepare a draft EIS, in accordance with Mayoral Executive Order No. 91 of 1977, as amended, the Rules for City Environmental Quality Review, 62 RCNY §§ 5-01 et seq. ("CEQR"), and the State Environmental Quality Review Act regulations, 6 NYCRR Part 617, and any subsequent amendments thereto. The Board's negative declarations, conditional negative declarations, and positive declarations will be circulated to the individuals and agencies required by the Rules for City Environmental Quality Review, 62 RCNY § 6-07 (City Planning Commission Review).
