§ 10-04 Pre-Application Statement.
RCNY § 10-04
(a)Following the issuance of a Project ID number and notification pursuant to 62 RCNY § 10-03(d) that the provisions of this section apply, an Applicant must submit a Pre-Application Statement ("PAS") to the Department. If an Applicant submits a PAS without a Project ID number pursuant to 62 RCNY § 10-03(e), the Department must issue the Project ID number to such Applicant upon receipt of the PAS. A PAS consists of the PAS form and any accompanying materials required by the form. The PAS form is available on the Department's website or in hard copy from the Department. The completed PAS must be submitted to the division or office of the Department indicated on the form.
(b)Within twenty (20) days of receiving an Applicant's PAS, the Department must provide the Applicant with a confirmation of the receipt of the PAS, and: (1) review the PAS to determine whether it has been submitted in the proper format and clearly and fully sets forth the information requested by the PAS form; and (2) notify the Applicant that: (i) the PAS is complete; or (ii) additional or revised materials must be submitted to the Department. The Applicant must furnish any such additional or revised materials where the Department has made such a request. Within thirty (30) days of receiving such additional or revised materials, the Department must review such materials and notify the Applicant that the PAS is complete or that additional or revised materials must be submitted. The Department may continue requesting such materials in accordance with the procedures set forth in this paragraph until such time that the Department determines that the PAS is complete.
(3)upon notifying the Applicant that the PAS is complete, also notify the Applicant that: (i) the Department will hold an ID Meeting pursuant to 62 RCNY § 10-05, if the proposed project requires more than one division to review the land use application or application for environmental review material, and the divisions must coordinate their respective reviews to ensure that consistent and non-conflicting feedback is provided to Applicants; or (ii) the Department will not hold an ID Meeting and the project is: (A) classified as Type I or Unlisted, pursuant to SEQR, and subject to the procedures set forth in 62 RCNY § 10-06; or (B) classified as Type II, pursuant to SEQR, such that the procedures set forth in 62 RCNY § 10-06 and 62 RCNY § 10-08 do not apply. When providing notification pursuant to this paragraph, the Department must also notify the Applicant whether the Applicant is subject to the procedures set forth in 62 RCNY § 10-07 or may directly proceed to file a land use application pursuant to 62 RCNY § 10-09.
(c)If the Department fails to notify an Applicant pursuant to subdivision (b) of this section, the Applicant may proceed with filing a land use application as set forth in 62 RCNY § 10-09 or an application for environmental review as set forth in 62 RCNY § 10-10. (Amended City Record 3/21/2018, eff. 4/20/2018)
