§ 48-07 Selection of Projects and Appeals.
RCNY § 48-07
(a)The Department will conditionally accept applications, in its discretion, based upon the criteria set forth in this section, after a complete application has been submitted, reviewed, and determined to meet the eligibility requirements as set forth in these Rules.
(b)Applications will be evaluated based upon the following criteria: 1. Cost/benefit ratio. The stormwater management benefits of the Project should be cost effective in comparison to the Project costs.
2.Constructability. An evaluation of the constructability of the proposed Project will be based on information submitted.
3.Other factors. Such other factors as the quality of the application materials, a short construction timeline, the availability of matching funds or in-kind contributions, the involvement of community partners or organizations, public visibility or accessibility, the inclusion of a robust scientific monitoring plan, the ability of the proposed Project to be replicable on a wide scale, and/or the inclusion of any training or workforce development opportunities as part of a proposed Project may be considered by the Department when evaluating the Project proposal.
(c)Prospective Grantees will be required to submit a Doing Business Data Form to the Department.
(d)If an application is conditionally accepted, the Applicant will be notified by letter, with a copy of the Program Guide. Such Guide will also be available on the Department's website, at http://www.nyc.gov/dep/grantprogram. The prospective Grantee must complete an Acceptance Form and return it to the Department within two (2) weeks after receipt of the acceptance letter, confirming that the prospective Grantee is prepared to execute the Funding Agreement and, if appropriate, a restrictive covenant or security agreement upon final acceptance of the Project design and is able to design and construct the Project within one (1) year of conditional acceptance. Unsuccessful Applicants will be sent a letter advising what needs to be done for a resubmitted application to be conditionally accepted, or, if it does not appear that the application will be accepted, advising of the reasons for denial.
(e)If an application is denied in whole or on part, an appeal may be submitted as set forth in this paragraph. Such appeal may be made by the property owner sending a letter to the New York City Department of Environmental Protection, Attn: Commissioner, 59-17 Junction Boulevard, Flushing, NY 11373, c/o Bureau of Legal Affairs, within thirty (30) days after the date of the denial letter issued by the Department. Failure to submit an appeal within thirty (30) days will be deemed to be an acceptance of the Department's denial. Upon receipt of a timely letter of appeal, the Commissioner will appoint an appeal officer within the Department to review. Such appeal officer will make a report on the appeal to the Commissioner. The Commissioner or his or her designee must issue a final order within sixty (60) days after receiving the report. A copy of the final order will be sent to the appellant within ten (10) days after the date the Commissioner or his or her designee issues it. (Added City Record 5/11/2017, eff. 6/10/2017; amended City Record 12/9/2019, eff. 1/8/2020)
