§ 12-03 Review and Queuing of Applications.
RCNY § 12-03
(a)The Department will queue all projects in the order that their respective FAS was received by the Department, provided that, with respect to an FAS that is a PAS, such PAS has been determined by the Department to be complete in accordance with 62 RCNY § 10-04(b).
(b)When two or more projects, including the proposed project, are located within a Radius and the total of FRESH Residential Floor Area among them exceeds 40,000 sq ft, the project for which an FAS was first received and is deemed in compliance with this title will have priority to obtain all of its requested FRESH Residential Floor Area. The project that is next in the Queue will then have priority to obtain all the remaining FRESH Residential Floor Area within such Radius which has not been claimed by a project earlier in the Queue. The use of remaining FRESH Residential Floor Area unclaimed by projects earlier in the Queue will continue in this manner for subsequent projects until there is no additional unclaimed FRESH Residential Floor Area within the Radius.
(c)After a project has been added to the Queue, if there is no response from the project sponsor within two (2) months after the interdivisional meeting, held in accordance with 62 RCNY § 10-05, or the last communication of instructions from the Department, whichever is later, the Department will notify the project sponsor that its project will be placed on hold if it does not respond within a specified period of time from such notice. If the project sponsor responds within the specified timeframe but does not provide the requested materials, if any, within thirty (30) days of such response, the project will be placed on hold. If a project is on hold for twelve (12) months, the project record will be closed or the corresponding Application terminated, as applicable, and the project will be removed from the Queue. The previously claimed FRESH Residential Floor Area corresponding to the removed project will then be available to projects remaining in the Queue. For terminated Applications, if the Department permits the applicant to proceed directly to filing a new Application, the Department will place such Application in the Queue in accordance with subdivision (a) of this section as if such Application were a new FAS. (Added City Record 2/17/2022, eff. 3/19/2022)
