§ 6-07 Determination of Significant Effect – Notification.
RCNY § 6-07
(a)[Error. Reference to 43 RCNY § 6-05(a) should be to 43 RCNY § 6-05(b).] The lead agencies shall determine within 15 calendar days following notification of completion of the application pursuant to 43 RCNY § 6-05(a) whether the proposed action may have a significant effect on the environment; (1) [Reference to 43 RCNY § 6-15(b) Type II list, deemed to be State Type II list of 6 NYCRR Part 617.13. See City Planning Rules 62 RCNY § 5-02(b)(2).] In making their determination, the lead agencies shall employ the Environmental Assessment Form, apply the criteria contained in 43 RCNY § 6-06 and consider the lists of actions contained in 43 RCNY § 6-15; (2) The lead agencies may consult with, and shall receive the cooperation of any other agency before making their determination pursuant to this subdivision (a).
(b)The lead agencies shall provide written notification to the applicant immediately upon determination of whether the action may or will not have a significant effect on the environment. Such determination shall be in one of the following forms: (1) Negative Declaration. [Reference to 43 RCNY § 6-15, Type II list, deemed to be State Type II list of 6 NYCRR Part 617.13. See Rules 43 RCNY §§ 5-02(b)(2).] If the lead agencies determine that the proposed action is not an exempt action or a Type II action pursuant to 43 RCNY §§ 6-04 and 6-15, respectively, and that the action will not have a significant effect on the environment, they shall issue a Negative Declaration which shall contain the following information: (i) an action identifying number; (ii) a brief description of the action; (iii) the proposed location of the action; (iv) a statement that the lead agencies have determined that the action will not have a significant effect on the environment; (v) a statement setting forth the reasons supporting the lead agencies' determination.
(2)Conditional Negative Declaration. [Reference to 43 RCNY § 6-15, Type II list, deemed to be State Type II list of 6 NYCRR Part 617.13. See City Planning Rules 62 RCNY § 5-02(b)(2).] If the lead agencies determine that the proposed action is not an exempt action or a Type II action pursuant to 43 RCNY §§ 6-04 and 6-15, respectively, and that the action will not have a significant effect on the environment if the applicant modifies its proposed action in accordance with conditions or alternatives designed to avoid adverse environmental impacts, they shall issue a Conditional Negative Declaration impacts, they shall issue a Conditional Negative Declaration which shall contain the following information (in addition to the information required for a Negative Declaration pursuant to paragraph (1) of this subdivision): (i) a list of conditions, modifications or alternatives to the proposed action which supports the determination; (ii) the signature of the applicant or its authorized representative, accepting the conditions, modifications or alternatives to the proposed action; (iii) a statement that if such conditions, modifications or alternatives are not fully incorporated into the proposed action, such Conditional Negative Declaration shall become null and void. In such event, a Notice of Determination shall be immediately issued pursuant to paragraph (3) of this subdivision.
(3)Notice of Determination. [Reference to 43 RCNY § 6-15 Type II list, deemed to be State Type II list of 6 NYCRR Part 617.13. See City Planning Rules 62 RCNY § 5-02(b)(2).] If the lead agencies determine that the proposed action is not an exempt action or a Type II action pursuant to 43 RCNY §§ 6-04 and 6-15, respectively, and that the action may have a significant effect on the environment, they shall issue a Notice of Determination which shall contain the following information: (i) an action description number; (ii) a brief description of the action; (iii) the proposed location of the action; (iv) a brief description of the possible significant effects on the environment of the action; (v) a request that the applicant prepare or cause to be prepared, at its option, a draft EIS in accordance with 43 RCNY §§ 6-08 and 6-12.
(c)[See additional circulation provisions, City Planning Rules 62 RCNY § 5-06(b) and 62 RCNY § 5-06(c). City Clerk function transferred to Office of Environ. Coord., City Planning Rules 62 RCNY §§ 5-02(b)(4).] The lead agencies shall make available for public inspection the Negative Declaration, Conditional Negative Declaration or the Notice of Determination, as the case may be, and circulate copies of the same to the applicant, the Regional Director of the DEC, the Commissioner of DEC, the appropriate Community Planning Board(s), the City Clerk, and all other agencies, including federal and state agencies, which may be involved in the proposed action.
