§ 10-06 Reasonable Worst Case Development Scenario.
RCNY § 10-06
(a)Following notification to an Applicant pursuant to 62 RCNY § 10-04(b)(3)(ii)(A) or 62 RCNY § 10-05(b)(2)(i), as applicable, that the Applicant's project is classified as Type I or Unlisted, an Applicant proceeding with filing a land use application or application for environmental review must submit a RWCDS Memorandum. The memorandum must be on a form provided by the Department that is available on the Department's website. The memorandum must set forth a description of, and the basis for, the RWCDS that may result from the land use actions that facilitate the proposed project. A RWCDS is a conservative projection of the development that may occur pursuant to a discretionary action and is used by the Department to make reasonable conclusions regarding a land use action's likely effects on the environment, consistent with the requirements of SEQR/CEQR and the guidance of the City's CEQR Technical Manual.
(b)Within ninety (90) days of receiving a RWCDS Memorandum, the Department must review the memorandum and: (1) notify an Applicant that: (i) the Department accepts the RWCDS Memorandum and the Applicant may proceed to submit, pursuant to the procedures set forth in 62 RCNY § 10-08, a draft CEQR short/full form as provided by the Mayor's Office of Environmental Coordination; or (ii) the Department requires further information or a RWCDS Meeting in order to review and clarify the assumptions underlying the RWCDS Memorandum. Where a RWCDS Meeting is required, the Department must hold the meeting within thirty (30) days of notifying the Applicant that the Department requires a RWCDS Meeting, subject to the Applicant's availability. If the Applicant is not available within this period, the Department must hold the meeting as soon as practicable at a time at which both the Department and the Applicant are available. A RWCDS Meeting may be held in person, by telephone, or by other electronic means, including teleconference, as the Department deems appropriate. Within forty-five (45) days of receiving additional information or holding a RWCDS Meeting, the Department must notify the Applicant that it accepts the RWCDS Memorandum and the Applicant may proceed to submit a draft CEQR short/full form pursuant to the procedures set forth in 62 RCNY § 10-08, or that it requires further information or an additional RWCDS Meeting in accordance with the procedures set forth in this paragraph in order to review and clarify the assumptions underlying the memorandum until such time that the Department accepts the memorandum and the Applicant may proceed to submit a draft CEQR short/full form.
(2)upon notifying an Applicant that the Department has accepted the Applicant's RWCDS Memorandum and that the Applicant may proceed to submit a draft CEQR short/full form, also notify the Applicant whether the Applicant is subject to the procedures set forth in 62 RCNY § 10-07 or, if not subject the Applicant 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 and an application for environmental review as set forth in 62 RCNY § 10-10. (Amended City Record 3/21/2018, eff. 4/20/2018)
