Title 62: City Planning

Chapter 1: Practice and Procedure of City Planning Commission

§ 1-01 General Rules.

(a)  The regular public hearings of the City Planning Commission shall be held twice monthly on Wednesday at 10 a.m. in City Hall, unless otherwise ordered by the Chair. Other regular public meetings of the City Planning Commission, also known as Review Sessions, shall be held twice monthly on Monday at 22 Reade Street, Spector Hall unless otherwise ordered by the Chair. The time and location of any meeting may be confirmed by contacting the Office of the Calendar Officer at the Department of City Planning.
  1. Special meetings of the City Planning Commission may be called by the Chair or by seven members.
  2. A quorum shall consist of seven members.
  3. Final action by the Commission shall be by the affirmative vote of not less than seven members at a meeting open to the public.
  4. Except by unanimous consent, matters upon which public hearings are required by law shall lie over until the next meeting following the public hearing.
  5. The order of business at regular public hearings shall be as follows unless otherwise ordered by the Chair.

   (1) Roll call.

   (2) Approval of minutes of previous meetings.

   (3) Scheduling dates for future hearings.

   (4) Public Hearings.

   (5) Reports on previously heard items.

  1. Matters not on the calendar shall be considered only by unanimous consent.
  2. The Chair shall direct a roll call upon every proposition to be acted upon pursuant to §§ 195, 197-a, 197-c, 200 and 201 of the Charter of the City of New York (the Charter). Votes shall be taken by the ayes and nays.
  3. The vote upon every proposition voted upon shall be recorded in the minutes.
  4. The Chair shall establish the order in which speakers are heard at public hearings. Speakers shall be limited to no more than three minutes to present testimony unless more time is permitted by the Chair.
  5. City employees designated by the Chair shall be the only persons allowed within the guard rail of the dais during public meetings.
  6. All reports of the Commission or its members pertaining to matters acted on by the Commission shall be incorporated in the record.
  7. All proposals scheduled for public hearings shall be duly advertised in accordance with Charter provisions and all applicable laws.
  8. The public may attend all meetings of the Commission, including public hearings, except that the Commission may close such a meeting to the public only as provided in the New York State Open Meetings Law (Public Officers Law, §§ 100-111).

§ 1-02 The Calendar Officer: Notices, Calendars, Minutes, Record, and Communications.

(a)  Notices of all special meetings shall be given to each member by the Calendar Officer.
  1. The Calendar Officer shall prepare a calendar of the business to be presented and considered at each public meeting. The matters thereon shall be arranged in the order prescribed by 62 RCNY § 1-01(f), and shall be properly classified. The Calendar Officer shall also keep a record of undetermined matters which have been laid over.
  2. Record. The record of a public meeting, including a public hearing, shall consist of either an audio recording or verbatim stenographic record of the proceedings; a list of speakers’ names and affiliations, if any; a notation of each speaker’s own indication, on a form provided for that purpose, of support or opposition to the proposal; and any exhibits or written statements offered by speakers. The record shall be available online from the Department of City Planning’s website or at the Calendar Office, City Planning Commission, 120 Broadway, 31st Floor, New York, New York 10271. The Department of City Planning shall make available for public inspection, at the above location, a complete transcript of all public hearings of the Commission within sixty (60) days of such hearing.
  3. The Calendar Officer shall maintain the minutes of each public meeting, and shall make them available for examination by the public in the Office of the Calendar Officer.
  4. Minutes and a record of votes shall be taken at any executive session to the extent required by § 106 of the Public Officers Law.
  5. All communications, petitions and reports intended for consideration shall be sent to the Commission’s attention through the Department of City Planning’s website or the Calendar Office.
  6. The Calendar Officer shall transmit to the City Council and other city departments affected thereby true copies of all reports and resolutions adopted.

§ 1-03 Suspension of Rules.

The suspension of any of the rules of Practice and Procedure of the City Planning Commission may be ordered by unanimous vote.

Chapter 2: Uniform Land Use Review Procedure (ULURP)

§ 2-01 Actions Subject to Procedure.

The land use review procedure which is set out herein shall govern the following actions:

  1. changes in the City Map pursuant to Charter §§ 198 and 199;
  2. approval of a map of a subdivision or the platting of land into streets, avenues or public places pursuant to Charter § 202;
  3. designations of zoning districts under the Zoning Resolution, including conversion from one land use to another land use pursuant to Charter §§ 200 and 201;
  4. adoption of special permits within the jurisdiction of the City Planning Commission (hereafter: “the Commission”) under the Zoning Resolution pursuant to Charter §§ 200 and 201;;
  5. selection of sites for capital projects pursuant to Charter § 218;
  6. granting of revocable consents pursuant to Charter § 364, requests for proposals and other solicitations for franchise pursuant to Charter § 363 and major concessions as defined pursuant to Charter § 374;
  7. authorization of improvements in real property, the costs of which are payable other than by the City pursuant to Charter § 220;
  8. approval of housing or urban renewal plans and projects pursuant to City, State or Federal laws;
  9. approval of sanitary or waterfront landfills pursuant to applicable Charter provisions or other provisions of law;
  10. approval of sale, lease (other than lease of space for office uses), exchange or other disposition of real property of the City and, sale or lease of land under water pursuant to Charter § 1602, Chapter 15 or other applicable provisions of law;
  11. acquisitions by the city of real property (other than acquisition of office space for office use or a building for office use), including acquisition by purchase, condemnation, exchange or lease and including the acquisition of land under water pursuant to Charter § 1602, Chapter 15, or other applicable provisions of law;

   (1) for purposes of review by a community board or, where appropriate, by community boards and a borough board, the granting by the Board of Standards and Appeals of a variance of the Zoning Resolution pursuant to Charter § 668(2);

  1. for purposes of review by a community board or, where appropriate, by community boards and a borough board, the granting by the Board of Standards and Appeals of a special permit assigned to its jurisdiction under the Zoning Resolution pursuant to Charter § 668(2);
  2. such other matters involving the use, development or improvement of property as proposed by the Commission and enacted by the City Council pursuant to local law.

§ 2-01.1 Zoning Resolution Amendments Adopted Pursuant to City Charter § 200 or § 201.

Applications to amend the Zoning Resolution pursuant to City Charter § 201 and actions to amend the Zoning Resolution initiated by the Commission pursuant to Charter § 200, which concern revisions to the text of the Zoning Resolution, shall be subject to the provisions of subdivisions (b), (c), (d) and (g) of 62 RCNY § 2-06 and subdivision (c) of 62 RCNY § 2-02.

§ 2-02 Applications.

(a)  Applications: general provisions.

   (1) Presentation of application. A request for any action shall be submitted to the Department of City Planning. The application must be submitted as provided for in the instructions on the Department of City Planning’s website. This includes the submission of forms requesting information required for the “doing business database” established by Local Law 34 for the year 2007, and must include all of the information and documents required by such instructions and forms. For purposes of the acquisition of property by the City, pursuant to 62 RCNY §§ 2-01(e) and 2-01(k), the applicant shall be the requesting agency and the Department of Citywide Administrative Services. For purposes of the approval of housing or urban renewal plans and projects or amendments thereof pursuant to City, State or Federal laws in accordance with 62 RCNY § 2-01(h), the applicant shall be the New York City Department of Housing Preservation and Development or the New York City Housing Authority, as appropriate, or their designees. The Department may not consider the application as filed unless it includes all required components and shall not consider the application as filed unless the required fee has been paid or is paid concurrently with the submission of the application.

   (2) Initial Review. The Department of City Planning shall, within five (5) days, review each application to ensure that all required forms, documents and other exhibits supplied have been submitted and prepared as required by the instructions. If any of the documentation is missing or has been improperly prepared, the applicant will be notified that the submitted application has been rejected, along with a listing of its deficiencies If the documentation is in order, the Department shall assign a docket number and shall transmit a Notice of Receipt of the application to all the appropriate Department divisions and other agencies which review such application, and to the community board(s), Borough President(s), borough board (when appropriate), the City Council and the applicant in accordance with 62 RCNY § 2-02(b). Such Notice of Receipt, when sent to the community board(s), Borough President(s), borough boards and City Council shall include a copy of the application form and all documents included therewith.

   (3) Substantive Review. The application form, documents and other exhibits shall be subject to review by the appropriate divisions of the Department in order to ensure that the requirements for completeness in 62 RCNY § 2-02(a)(5) have been met prior to certification of the application into ULURP. The Department may request any additional documents, maps, plans, drawings or information necessary to complete or organize the submission, or to clarify its substance and the land use issues attendant to it. The Department of City Planning shall refer such additional application documents or amendments within five (5) days to each affected borough president, community board or borough board, and to the City Council. Not later than sixty (60) days after the Notice of Receipt has been sent, the Department of City Planning shall notify the applicant of any deficiencies or errors in the application, documents and other exhibits, and shall make any requests for revised or supplementary documents and exhibits. The applicant is expected to respond within a reasonable time. Upon receipt of the corrected, revised or supplementary material, the Department of City Planning shall review it within no more than sixty (60) days and make any additional request for further corrections or supplements if needed. If the applicant fails to respond within sixty (60) days after the receipt of a request for revisions, corrections or supplement, the Department of City Planning shall give notice to the applicant that the application will be deemed withdrawn.

   (4) Appeal for Certification. At any time after one hundred and eighty (180) days have elapsed from the date of the Notice of Receipt of any application, the applicant may appeal in writing to the Commission to certify the application as complete. The affected Borough President may also appeal in writing if the Borough President finds that the application is consistent with the land use policy or strategic policy statement of the borough formulated pursuant to § 82, subsection 14 of the Charter. Upon receipt of such an appeal, the Commission shall refer it to the Department of City Planning and the Office of Environmental Coordination or lead agency for an evaluation of the completeness of the application, which shall include an identification of all material requested by the Department of City Planning and the environmental review staff or lead agency but not yet provided by the applicant. If the Commission determines that all pertinent information has been supplied in accordance with the criteria of 62 RCNY § 2-02(a)(5) below, it shall certify the application as complete. If the Commission determines that pertinent information has not been supplied, such information shall be listed by the Department of City Planning and the environmental review staff and sent by the Commission to the applicant within thirty (30) days of receipt of the appeal. When the applicant has responded, either by supplying all the information so requested, or by explaining why such information should not be required in order to certify the application, the Commission shall consider the evaluation and the applicant’s response and either certify the application as complete in accordance with 62 RCNY § 2-02(a)(5) or deny the appeal. A denial by the Commission shall state the information that must still be supplied or clearly state the reason for denial. Such determination shall be made not later than sixty (60) days from the date the appeal is received. If the appeal is one which has been made by the affected Borough President, and the land use proposed in the application is consistent with the land use policy or strategic policy statement of the affected Borough President, then a vote of five members shall be sufficient to certify the application as complete in accordance with 62 RCNY § 2-02(a)(5) below. In all other instances, a majority vote of the Commission is necessary to certify an application. A denial of the appeal shall mean that the application remains incomplete, and the Department of City Planning and the environmental review staff shall continue with timely review of the application until all the information required for completeness has been provided at which time certification shall take place. If such review continues for an additional one hundred and eighty (180) days or more beyond the denial, the applicant may again appeal to the Commission under the procedure outlined above to certify the application.

   (5) Certification of Completeness. The Department or the Commission shall certify the application as complete when compliance has been achieved with all of the following:

      (i) The standard application form, including for any application certified on or after April 14, 2008, forms requesting information required for the “doing business database” established pursuant to Local Law 34 for the year 2007, has been completed in its entirety with all requested information presented in clear language.

      (ii) All accompanying documents, maps, plans, drawings, and other information are properly organized and presented in clear language and understandable graphic form.

      (iii) The information supplied on the application form and accompanying documents is fully sufficient to address all issues of jurisdiction and substance which are required to be addressed for the category of action as defined in the Charter, statutes, Zoning Resolution, Administrative Code or other law or regulation.

      (iv) All reviews by necessary and related agencies of the State and City have been completed and any required reports, certifications, sign-offs or other such agency actions required by law or regulation prior to ULURP have been secured, or a written waiver of the agency presented. If any such agency does not respond within sixty (60) days, it will be deemed to have waived its review and action as applicable law permits.

      (v) A determination has been made whether the action is subject to City or State Environmental Quality Review, and if so subject, the lead agency has issued either:

         (A) a Negative or Conditional Negative Declaration; or

         (B) a Notice of Acceptance of a Draft Environmental Impact Statement.

      (vi) Notification of any proposed (E) designation has been submitted to the Department of City Planning as required pursuant to 62 RCNY § 2-02(e) hereof.

  1. Referrals: general provisions. Except as provided in 62 RCNY § 2-02(c) hereof, within nine (9) calendar days after the certification by the Department of City Planning, or by the Commission if certification occurs pursuant to 62 RCNY § 2-02(a)(4) above, that a submission is a complete application, the Department of City Planning shall make the following referrals:

   (1) any application relating to a proposal which occupies or would occupy land located in only one community district shall be referred to the community board for such district;

   (2) any application relating to a proposal which occupies or would occupy land located in two or more community districts shall be referred to the community board for each such district and to the borough board for the appropriate borough;

   (3) any application relating to a proposal which occupies or would occupy land located in a joint interest area not included within a community district shall be referred to the community board for each community district bounding such area and to the borough board for the appropriate borough;

   (4) all applications shall be referred to the Borough President of the borough in question;

   (5) all applications shall be referred to the City Council.

  1. Charter § 201 applications. A request for an amendment to the Zoning Map or the text of the Zoning Resolution by a taxpayer, community board, borough board, Borough President, the Mayor or the Land Use Committee of the Council pursuant to Charter § 201, shall be filed with the Department. Applications for special permits pursuant to § 201 may be filed by any person or agency. Such requests shall be subject to the application and certification procedure of 62 RCNY § 2-02(a) hereof and shall be referred pursuant to 62 RCNY § 2-02(b) hereof.
  2. Withdrawals. An applicant may at any time file with the Commission a statement that its application is withdrawn. If withdrawal occurs after filings have occurred pursuant to 62 RCNY § 2-06(h)(4), the applicant shall also file a statement of withdrawal with the City Council. Upon the filing of such a statement, the application in question shall be void and no further processing of such application under this uniform land use review procedure shall be undertaken by a community board, Borough President, borough board or the Commission. The Commission shall promptly give notice of such withdrawal to the board or boards, to the Borough President to which the application was referred pursuant to 62 RCNY § 2-02(b) and to the Council, if filings pursuant to 62 RCNY § 2-06(h)(4) have not occurred. The request to which the application relates may thereafter be advanced only in connection with a new application certified as complete pursuant to 62 RCNY § 2-02(a) herein and processed according to this uniform land use review procedure.
  3. Notification of proposed (E) designation.

   (1) If an application for an amendment to the Zoning Map or text of the zoning resolution pursuant to Charter § 197-c or § 200 and § 201, respectively, includes an (E) designation with respect to potential hazardous materials, air quality or noise on any tax lot or zoning lot pursuant to § 11-15 of the Zoning Resolution of the City of New York, at the time the application is referred pursuant to 62 RCNY § 2-02(b) hereof, the owner or owners of any such tax lot or zoning lot, with the exception of the applicant, shall be notified of the proposed (E) designation. Such notification shall be by the lead agency, as defined in 6 New York Code of Rules and Regulations, Part 617, as amended, and 62 RCNY § 5-02, as amended. If the lead agency is other than the Commission, no such application shall be certified as complete pursuant to 62 RCNY § 2-02(a)(5) hereof until such other lead agency shall have submitted any notification of a proposed (E) designation, in the form and addressed to the parties required by this Section to the Department of City Planning, who shall send such notification as provided by this Section.

   (2) Such notification shall be by first-class mail and shall be made to the person(s) or entity(ies) identified in the official records of the City of New York as the fee owners of such tax lot or zoning lot and shall be sent to the address or addresses indicated in such records.

   (3) The notification shall include or refer to the Department of City Planning’s website for:

      (i) a description of the existing zoning and the proposed rezoning for the properties that will include the (E) designation;

      (ii) notice to the property owner of the right to attend and testify at any public hearing relating to the proposed Zoning Map amendment;

      (iii) the phone numbers for a contact person at the lead agency, or if the lead agency is the Commission, a contact person or persons at the Department of City Planning;

      (iv) § 11-15 of the Zoning Resolution of the City of New York or its successor.

§ 2-03 Community Board Actions.

(a) General provisions.

   (1) Except as provided below, within sixty (60) calendar days after a community board’s receipt of a complete application referred by the Department of City Planning, the Board of Standards and Appeals or the Commission, the community board shall hold a public hearing and adopt and submit as provided herein a written recommendation concerning such application. For purposes of this paragraph (1), a community board shall be deemed to have received an application nine (9) calendar days after the date of certification. The Department of City Planning shall transmit a certified application to the community board, making it available to the community board within (8) days from the date of certification.

   (2) Where the negative vote of the community board was adopted without a public hearing, without a quorum or at a meeting conducted after its 60-day period for review, such non-complying negative vote shall not serve the purpose of Charter § 197-d(b)(2). The Commission may note the noncompliance and any other deficiency in compliance with this chapter in its report.

  1. Waivers of hearings and recommendations.

   (1) Leases. In the case of a proposed lease of property of the City which in the judgment of the community board does not involve a substantial land use interest, such board may waive the holding of a public hearing and preparation of a written recommendation. In such case the community board shall submit to the Department a written waiver of its right to hold a public hearing and to submit recommendations to the City Planning Commission and affected Borough President. When a written waiver of the community board’s right to hold a hearing and submit a recommendation is received by the Department of City Planning the community board’s period of review shall be deemed ended and the Borough President’s time period begun.

   (2) Franchises. In the case of Request for Proposal or other solicitation for a franchise which in the judgment of the community board does not involve a substantial land use interest, such community board may submit a written waiver to the Commission of the right to hold a public hearing and the preparation of a written recommendation.

  1. Notice of hearing. Notice of the time, place and subject of a public hearing to be held by a community board on an application shall be given as follows:

   (1) by publication in The City Record for the five (5) days of publication immediately preceding and including the date of the public hearing;

   (2) by publication in the Comprehensive City Planning Calendar distributed not less than five (5) calendar days prior to the date of public hearing;

   (3) to the applicant ten (10) days prior to the date of hearing (with such notice also forwarded to the Department of City Planning);

   (4) for all actions that result in acquisition of property by the City, other than by lease, whether by condemnation or otherwise, the applicant shall notify the owner or owners of the property in question by mail to the last known address of such owner or owners, as shown on the City’s tax records, not later than five

   (5) days prior to the date of hearing. An affidavit attesting to the mailing and a copy of the notice shall be submitted to the Department of City Planning prior to the Commission’s public hearing;

   (6) Community boards are also encouraged to publicize hearings by publication in local newspapers, posting notices in prominent locations, and other appropriate means.

  1. Conduct of public hearing.

   (1) Location. A community board public hearing shall be held at a convenient place of public assembly chosen by the board and located within its community district. If in the community board’s judgment there is no suitable and convenient place within the community district, the hearing shall be held at a centrally located place of public assembly within the borough. This provision is not intended to affect the requirement of Charter § 2800(h) stating a community board’s obligation to meet at least monthly (except during July and August) within its district.

   (2) General character. Hearings shall be legislative type hearings, without sworn testimony or strict rules of evidence. Only members of a community board and persons expressly authorized by the chairperson may question a speaker. All persons appearing and wishing to speak shall be given the opportunity to speak. A community board hearing shall be conducted in accordance with by-laws adopted by the community board.

   (3) Quorum. A public hearing shall require a quorum of 20% of the appointed members of the community board, but in no event fewer than seven such members. The minutes of a meeting at which a public hearing was held shall include a record of the individual members present.

   (4) Record. The record of a public hearing shall consist of but not be limited to a list of speaker’s names and affiliations (if any), a notation of each speaker’s own indication, on a form provided for that purpose, of support or opposition to the application, and any exhibits or written statements offered by speakers.

  1. Public attendance at meetings of a community board or its committees. The public may attend all meetings of a community board or its committee at which an application for an action subject to this Chapter is to be considered or acted upon in a preliminary or final manner. A community board may close a meeting or committee meeting to the public only as provided in the New York State Open Meetings Law (Public Officers Law, §§ 100 – 111).
  2. Recommendations and waivers.

   (1) Quorum. The adoption of a community board recommendation, or the waiver of a public hearing and recommendation by a community board, shall require a quorum of a majority of the appointed members of the board. The minutes of a meeting at which a recommendation or waiver was adopted shall record the individual members present.

   (2) Vote. The adoption of a community board recommendation or the waiver of a public hearing and recommendation shall be by a public vote which results in approval by a majority of the appointed members present during the presence of a quorum, at a duly called meeting. The vote shall be taken in accordance with the by-laws of the community board.

   (3) Content. A community board recommendation shall be in writing via a form provided by the Department of City Planning and shall include a description of the application, the time and place of the public hearing on the application, the time and place of the meeting at which the recommendation was adopted and the vote by which the recommendation was adopted. The community board may include in its submission the reasons for the vote and any conditions attached to its vote. The community board may state that its conditional approval shall be considered a negative recommendation for purposes of Charter § 197-d(b)(2) if conditions that it considers essential to minimize land use or environmental impacts are not adopted by the Commission. The City Planning Commission shall give consideration only to those conditions which are related to land use and environmental aspects of the application.

   (4) Submission. A community board shall submit its recommendation or waiver promptly after adoption, to the Commission, to the Borough President, to the applicant and, in the case of an application referred to two or more community boards and a borough board, to such borough board. If a community board fails to act within the time limits for review the application shall be deemed referred to the next level of review at the completion of the community board’s time period.

  1. Requests for review of action not in a community district. A community board or borough board may obtain the filed application and supporting documents for any action subject to ULURP which is not located within the district boundaries of such community board or borough board. Such community board or borough board may request review of such applications by writing, either to the Calendar Office of the Commission, or requesting through the Department’s website, and it shall state the basis for the board’s judgment that the application may significantly affect the welfare of the district or borough served by such board. Thereafter, the community board or borough board may schedule a public hearing on the application, such hearing and notice thereof to be in conformance with 62 RCNY §§ 2-03(c), 2-03(d), 2-05(c) and 2-05(d) and may submit a written recommendation to the Commission. The Commission may receive such recommendation at any time prior to its final action on the application; however, it shall have no authority to extend the review period defined in Charter § 197-c, nor shall a review by a second community board pursuant to this subparagraph (g) require that the application be reviewed by the borough board. A Borough President may similarly obtain a filed application and supporting documents for and request review of any action subject to ULURP which is not located within the boundaries of the borough.

§ 2-04 Borough President Actions.

A Borough President may submit a written recommendation on an application, or waive the right to submit a recommendation to the City Planning Commission. Such recommendation or waiver shall be submitted on the form provided not later than 30 days after the receipt of a recommendation or waiver by the City Planning Commission and the Borough President from an affected community board, by the latest to respond of all affected community boards or if any affected community board shall fail to act within the time period, thirty (30) days after the expiration of the time allowed for such community board(s) to act.

§ 2-05 Borough Board Actions.

(a) General provisions. Except as provided below in 62 RCNY § 2-05(b), an affected borough board may conduct a public hearing on an application and submit a written recommendation to the Commission. Such recommendation or waiver shall be submitted on the form provided not later than thirty (30) days after the filing of a recommendation or waiver with the Borough President by the last to respond of all affected community boards, or if any affected community board shall fail to act within the time period, thirty (30) days after the expiration of the time allowed for such community boards to act.
  1. Notice of hearing. Notice of the time, place and subject of a public hearing to be held by a borough board for all applications subject to this land use review procedure shall be given as follows:

   (1) by publication in The City Record for the five (5) days of publication immediately preceding and including the date of the public hearing;

   (2) by publication in the Comprehensive City Planning Calendar distributed not less than five (5) calendar days prior to the date of hearing;

   (3) to the applicant ten (10) days prior to the date of hearing;

   (4) for all actions resulting in acquisition of property by the City, other than by lease, whether by condemnation or otherwise, the applicant shall notify the owner or owners of the property in question by mail to the last known address of such owner or owners, as shown on the City’s tax records, not later than five (5) days prior to the date of hearing. An affidavit attesting to the mailing and a copy of the notice shall be submitted to the Department of City Planning prior to the Commission’s public hearing.

  1. Conduct of hearing.

   (1) Location. A borough board public hearing shall be held at a convenient place of public assembly chosen by the board and located within the borough.

   (2) General character. Hearings shall be legislative type hearings, without sworn testimony or strict rules of evidence. Only members of a borough board or persons expressly authorized by the chairperson may question a speaker. All persons appearing and wishing to speak shall be given the opportunity to speak. A borough board’s hearing shall be conducted in accordance with by-laws adopted by such borough board.

   (3) Quorum. A public hearing shall require a quorum of a majority of the borough board’s members who are entitled to vote on the application in question. Pursuant to Charter § 85, community board members of the borough board may only vote on issues that directly affect the community district represented by such members. The minutes of the meeting at which a public hearing was held shall record the individual members present.

   (4) Record. The record of a public hearing shall consist of a list of speakers’ names and affiliations if any, a notation of each speaker’s own indication, on the form provided for that purpose, of support or opposition to the application and any exhibits or written statements offered by speakers.

  1. Public attendance at meetings. The public may attend all meetings of a borough board at which an application for an action subject to this Chapter is to be considered or acted upon in a preliminary or final manner. A borough board may close a meeting to the public only as provided in the New York State Open Meetings Law (Public Officers Law, §§ 100 – 111).
  2. Recommendations and waivers.

   (1) Quorum. The adoption of a borough board recommendation or the waiver of a public hearing and recommendation by a borough board shall require a quorum of a majority of the borough board’s members entitled to vote on the application in question. Pursuant to Charter § 85, community board members of the borough board may only vote on issues that directly affect the community district represented by such member. The minutes of a meeting at which a recommendation or waiver was adopted shall record the individual members present.

   (2) Vote. Adoption of a recommendation shall be by a public roll call vote which results in approval by a majority of the members entitled to vote on the application in question present during the presence of a quorum, at a duly called meeting. Pursuant to Charter § 85, community board members of the borough board may only vote on issues that directly affect the community district represented by such member.

   (3) Content. A borough board recommendation shall be in writing on a form provided by the Department of City Planning and shall include a description of the application, the time and place of public hearing, the time and place of the meeting at which the recommendation was adopted and the votes of individual borough board members. The borough board may include in its submission the reasons for its vote and any conditions to the vote.

   (4) Submission. A borough board shall submit its recommendation or waiver on the form promptly after adoption to the Commission and to the applicant.

§ 2-06 City Planning Commission Actions.

(a) General provisions. The Commission shall hold a public hearing on all applications made pursuant to § 197-c of the Charter not later than sixty (60) calendar days after the expiration of the time allowed for the filing of a recommendation or waiver with it by an affected Borough President. Following its hearing and within its applicable sixty (60) day period, the Commission shall approve, approve with modifications or disapprove such application and file its decision pursuant to 62 RCNY § 2-05(h)(4) below.
  1. Zoning text amendments pursuant to Charter § 200 or § 201. The Commission shall hold a public hearing on an application for a zoning text amendment pursuant to Charter § 200 or § 201. Such hearing shall be conducted in accordance with 62 RCNY § 2-06(f).
  2. Modification of application.

   (1) The Commission may propose a modification of an application, including an application for a zoning text amendment pursuant to Charter § 200 or § 201, which meets the criteria of 62 RCNY § 2-06(g) below. Such proposed modification may be based upon a recommendation from an applicant, community board, borough board, Borough President or other source. Where a modification is proposed, the Commission shall hold a public hearing on the application as referred to a community board or boards and on the proposed modification. Promptly upon its decision to schedule a proposed modification for public hearing, the Commission shall refer the proposed modification to the community board or community boards, borough board, and the affected Borough President to which the application was earlier referred, for such action as such board or boards or Borough President deem appropriate.

   (2) The above provision shall not limit the Commission’s ability to make a minor modification of an application.

  1. Notice of hearing. Notice of the time, place and subject of a public hearing by the Commission for all applications subject to this uniform land use review procedure, including applications for zoning text amendments pursuant to Charter § 200 and § 201 and modified applications pursuant to 62 RCNY § 2-06(c)(1) shall be given as follows:

   (1) by publication in The City Record beginning not less than ten (10) calendar days immediately prior to the date of hearing and continuing until the day prior to the hearing;

   (2) by publication in the Comprehensive City Planning Calendar distributed not less than ten (10) calendar days prior to the date of hearing;

   (3) by transmitting notice to the concerned community board or community boards Borough President and borough board and to the applicant not less than ten (10) calendar days prior to the date of hearing;

   (4) for all actions that result in acquisition of property by the City, other than by lease, whether by condemnation or otherwise, the applicant shall notify the owner or owners of the property in question by mail to the last known address of such owner or owners, as shown on the City’s tax records, not later than five

   (5) days prior to the date of hearing. An affidavit attesting to the mailing and a copy of the notice shall be submitted to the Department of City Planning prior to the Commission’s public hearing.

  1. Posting of notices for hearings on the disposition of occupied city-owned residential buildings. For any application involving disposition of a city-owned residential building, which at the time of application is occupied by tenants, the applicant shall post notice of the Commission public hearing as discussed below:

   (1) at least eight (8) days prior to the Commission public hearing a notice, on a form provided by the Department of City Planning, shall be posted by the applicant in the building subject to the application, informing the tenants of the proposed action and the right of the public to appear at the Commission hearing and testify; and

   (2) such notice shall be posted in common public space on the ground floor of the building accessible to all building tenants; and

   (3) the applicant will file with the Department of City Planning an affidavit attesting to the posting of the notice and date and specific location where the notice was posted. The affidavit shall be signed by the person posting the notice.

  1. Conduct of hearing.

   (1) Location. Commission public hearings shall be held at 120 Broadway, New York, New York, unless otherwise ordered by the Chair.

   (2) General Character. Hearings shall be legislative type hearings, without sworn testimony, strict rules of evidence or opportunity for speakers to cross-examine one another. Only members of the Commission may question a speaker (except at a joint Commission/CEQR hearing at which officers of the lead agency and the office of Environmental Coordination may also ask questions). All persons filling out an appearance form shall be given the opportunity to speak. The chairperson may prescribe a uniform limited time for each speaker.

   (3) Quorum. A public hearing shall require a quorum of a majority of the members of the Commission.

  1. Commission actions.

   (1) Scope of action. The Commission shall approve, approve with modifications or disapprove each application.

   (2) Vote. The Commission shall act by the affirmative roll call vote of at least seven (7) members at a public meeting, except that pursuant to Charter § 197-c, subsection h, approval or approval with modifications of an application relating to a new city facility for site selection for capital projects, the sale, lease (other than the lease of office space), exchange or other disposition of the real property of the City, including sale or lease of land under water pursuant to § 1602, Chapter 15 of the Charter or other applicable provisions of law; or acquisitions by the City of real property (other than the acquisition of office space for office use or a building for office use), including acquisition by purchase, condemnation, exchange or lease and including the acquisition of land under water pursuant to § 1602, Chapter 15 and other applicable provisions of law, shall require the affirmative vote of nine members of the Commission if the affected Borough President:

      (i) recommends against approval of such application pursuant to subdivision g of Charter § 197-c; and

      (ii) has proposed an alternative location in the same borough for such new facility pursuant to subdivision f or g of Charter § 204.

   (3) Commission report. A report of the Commission shall be written with respect to each application subject to this procedure on which a vote has been taken. The report shall include:

      (i) a description of the certified application;

      (ii) a summary of testimony at all Commission public hearings held on the application;

      (iii) all community board, Borough President or borough board written recommendations concerning the application;

      (iv) the consideration leading to the Commission’s action, including reasons for approval and any modification of the application and reasons for rejection by the Commission of community board, Borough President or borough board recommendations;

      (v) any findings and consideration with respect to environmental impacts as required by the State Environmental Quality Review Act and regulations;

      (vi) the action of the Commission, including any modification of the application;

      (vii) the votes of individual Commissioners;

      (viii) any dissenting opinions.

   (4) Filing of decisions of the Commission. The City Planning Commission shall file its decision with the affected Borough President and with the City Council. All filings with the Council shall include all associated community board, Borough President or borough board recommendations. The Commission shall transmit any decision to the applicant and to the community board or community boards, and borough board to which the application was referred. Filings with the City Council and Borough President shall be completed within the Commission’s sixty (60) day time period.

   (5) Review of Council modifications. The Commission shall receive from the City Council during its fifty (50) day period for review the text of any proposed modification to the Commission’s prior approval of an action. Upon receipt the Commission shall have fifteen (15) days to review and to determine:

      (i) in consultation with the Office of Environmental Coordination and lead agency as necessary, whether the modification may result in any significant adverse environmental effects which were not previously addressed; and

      (ii) whether the modification requires the initiation of a new application. In making this determination, the Commission shall consider whether the proposed modification:

         (A) increases the height, bulk, envelope or floor area of any building or buildings, decreases open space, or alters conditions or major elements of a site plan in actions (such as a zoning special permit) which require the approval or limitation of these elements;

         (B) increases the lot size or geographic area to be covered by the action;

         (C) makes necessary additional waivers, permits, approvals, authorizations or certifications under sections of the Zoning Resolution, or other laws or regulations not previously acted upon in the application; or

         (D) adds new regulations or deletes or reduces existing regulations or zoning restrictions that were not part of the subject matter of the earlier hearings at the community board or Commission. If the Commission has determined that no additional review is necessary and that, either, no significant environmental impacts will result or that possible environmental impacts can be addressed in the time remaining for Commission and Council review, it shall so report to the Council. The Commission may also transmit any comment or recommendation with respect to the substance of the modification, and any proposed further amendment to the modification which it deems as necessary or appropriate. If the Commission has determined that the proposed modification will require a supplementary environmental review or the initiation of a new application, it shall so advise the Council in a written statement which includes the reasons for its determination.

   (6) Zoning Resolution text amendments pursuant to Charter §§ 200 and 201. Applications for amendments to the text of the Zoning Resolution pursuant to Charter § 200 or § 201 shall be subject to the provisions of this paragraph (g).

§ 2-07 Borough President Initiation of City Council Review.

In the case of an application not subject to mandatory council review pursuant to Charter § 197-d(b)(1), which receives an unfavorable recommendation by both an affected community board and affected Borough President and either a favorable vote or favorable vote with modification by the Commission, such application shall be subject to council review and action if the affected Borough President shall file, within five (5) days of receiving the report of the Commission, a written objection to the Commission’s vote with the Council and the Commission.

§ 2-08 Board of Standards and Appeals.

(a) Variance and special permit applications.

   (1) Filing and referral. An application for a variance of the Zoning Resolution or for a special permit which under the Zoning Resolution is within the jurisdiction of the Board of Standards and Appeals shall be filed with the Board of Standards and Appeals. In accordance with the rules of Practice and Procedures (Chapter 1 of the Board of Standards and Appeals rules), the Board of Standards and Appeals shall refer the application to the community board within which district the site is located or, in the case of an application involving a site located within two or more community districts, to the community boards for such districts and to the borough board for the appropriate borough. The Commission, as a party to a proceeding to vary the Zoning Resolution, shall be provided all materials in such proceeding by the Board of Standards and Appeals. Upon the filing with a community board, or with two or more community boards and a borough board, of an application for a variance or a special permit under the jurisdiction of the Board of Standards and Appeals, such community board or community boards and borough board shall review such application pursuant to 62 RCNY §§ 2-03 and 2-05 herein.

   (2) Community board waiver or recommendation. In the case of an application to vary the Zoning Resolution or for a special permit under the jurisdiction of the Board of Standards and Appeals, a community board may waive in writing the holding of a public hearing and the adoption of a written recommendation. The community board recommendation or waiver shall be referred to the Board of Standards and Appeals, the Commission and, in the case of an application which was referred to two or more community boards and a borough board, to such borough board. Upon action by or expiration of time to act on an application for each concerned community board and when appropriate, action by or expiration of time to act for an affected borough board, the Board of Standards and Appeals may proceed to review the application and to make a decision.

   (3) Borough board review. In the case of an application to vary the Zoning Resolution or for a special permit pursuant to the Zoning Resolution under the jurisdiction of the Board of Standards and Appeals, a borough board may waive in writing the holding of a public hearing and the adoption of a written recommendation. After action by or expiration of time to act for all affected community boards if subject to borough board review, and upon receipt of a waiver or recommendation from a borough board or expiration of the thirty (30) day time limit for borough board review, the Board of Standards and Appeals may proceed to review the application and to make a decision.

  1. City Planning Commission review. Appearance in Variance Proceeding – In the case of an application to the Board of Standards and Appeals for a variance of the Zoning Resolution, the Commission may appear before the Board of Standards and Appeals and be heard as a party in the variance proceeding if, in the Commission’s judgment, granting the relief requested in such application would violate the requirements of the Zoning Resolution which relate to the granting of variances.

§ 2-09 Administrative Provisions.

(a) Referrals and filings. Unless otherwise provided herein, any referrals and filings required under this chapter shall be directed to the entities below as follows:

   (1) if to the Commission, then through the Department of City Planning’s website or, alternatively, to the Land Use Review Division, Department of City Planning, 120 Broadway, 31st Floor, New York, New York 10271;

   (2) if to a community board, then to the chairperson of such community board at its office or, if there is no office or if no office address is provided to the Land Use Review Division, Department of City Planning, then to such board c/o the Borough President of the borough in question;

   (3) if to a borough board, then to such borough board c/o the Borough President of the borough in question;

   (4) if to the Board of Standards and Appeals, then to the Executive Director of the Board of Standards and Appeals, 250 Broadway, 29th Floor, New York, New York 10007;

   (5) if to the City Council then to the Office of the Speaker City Council, City Hall, New York, New York.

  1. Time provisions.

   (1) Expiration dates. Where the expiration of a time period set forth herein falls on a Saturday, Sunday or legal holiday, the expiration date shall be deemed extended until the next working day.

   (2) Determination. All time periods specified in these regulations shall be calendar days. The commencement and end of time periods shall be recorded and officially calculated and determined by the Director of City Planning.

§ 2-10 Interpretation and Amendment of Regulations.

(a) Interpretation. This chapter shall be interpreted in accordance with the ordinary meaning of the language herein, and any ambiguities arising herefrom shall be referred to and definitively interpreted in written opinions by the Director of City Planning.
  1. Amendments. The Commission from time to time may amend these regulations, in accordance with the City Administrative Procedure Act, Chapter 45 of the Charter.
  2. Commission Rules of Procedure. These regulations shall supplement and, where there is inconsistency, supersede the rules of Practice and Procedure of the City Planning Commission.

Chapter 3: Fees and Contributions

Subchapter A: City Environmental Quality Review (CEQR) (Department of City Planning and Department of Environmental Protection)

§ 3-01 Fee for CEQR Applications.

Except as specifically provided in this section, every application made pursuant to Executive Order 91 and 62 RCNY Ch. 5 requires a non-refundable fee which shall be submitted to the lead agency for the action or to an agency that could be the lead agency pursuant to 62 RCNY § 5-03. The fee for an application shall be as prescribed in the following Schedule of Charges, 62 RCNY § 3-02. The fee for modification for an action, which modification is not subject to § 197-c of the New York City Charter shall be twenty percent of the amount prescribed in the Schedule of Charges for an initial application. The fee for any modification for an action, which is subject to § 197-c of the New York City Charter shall be the amount set forth in the Schedule of Charges (62 RCNY § 3-02) as if the modification were an initial application for the action. Where the fee for an application is set pursuant to 62 RCNY § 3-02(a), and the square footage of the proposed modification is different from the square footage of the original action, the fee for an application for the modification shall be based upon the square footage of the modified action or as set forth in 62 RCNY § 3-02(b), as determined by the lead agency. Agencies of the federal, state or city governments shall not be required to pay fees, nor shall a neighborhood, community or similar association consisting of local residents or homeowners organized on a non-profit basis be required to pay fees, if the proposed action for purposes of CEQR review consists of a zoning map amendment for an area of at least two blocks in size, in which one or more of its members or constituents reside. Fees shall be paid in the forms indicated on the Department of City Planning’s website when the application is filed. No application shall be processed by the lead agency until the fee has been paid. Additional fees may be charged by service providers in connection with electronic payment processing.

§ 3-02 Schedule of Charges.

(a)  Projects measurable in square feet.
(Square Footage of Total Project)  
Less than 10,000 sq. ft. $460
10,000-19,999 sq. ft. $1,350
20,000-39,999 sq. ft. $2,940
40,000-59,999 sq. ft. $5,465
60,000-79,999 sq. ft. $8,195
80,000-99,999 sq. ft. $13,660
100,000-149,999 sq. ft. $27,325
150,000-199,999 sq. ft. $47,815
200,000-299,999 sq. ft $71,415
300,000-499,999 sq. ft. $128,545
500,000-1,000,000 sq ft. $192,820
over 1,000,000 sq. ft. $314,225

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  1. Projects not measurable in square footage.
(Ex: bus franchises) $1,880
Type II Actions $110

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  1. Supplemental Fee for Environmental Mitigation. In addition to all other applicable fees as set forth above, a supplemental fee of $8,000 shall be required for CEQR applications filed on or after July 1, 2009, for which a restrictive declaration to ensure compliance with project components related to the environment and/or mitigation of significant adverse impacts will be executed.

Subchapter B: Uniform Land Use Review (ULURP)

§ 3-06 Fees for Applications Pursuant to City Charter § 197-c and Other Applications.

Except as specifically provided in this section, every type of application listed in 62 RCNY § 3.07, Schedule of Charges, shall include a non-returnable fee which shall be paid in the forms indicated on the Department of City Planning’s website when the application is filed. The fee for an initial application, or for a modification, renewal or follow-up action, shall be as prescribed in the following Schedule of Charges, provided that if an applicant simultaneously submits applications for several actions relating to the same project, the maximum fee imposed shall be two hundred percent of the single highest fee, provided that such maximum fee limitation shall not apply to supplemental fees. An additional fee shall be charged for any applications later filed in relation to the same project, while such project is pending review and determination. Agencies of the federal, state or city governments shall not be required to pay fees nor shall any fees be charged if a neighborhood, community or similar association consisting of local residents or homeowners organized on a non-profit basis applies for a zoning map amendment for an area of at least two blocks in size, in which one or more of its members or constituents reside. Additional fees may be charged by service providers in connection with electronic payment processing.

§ 3-07 Schedule of Charges.

(a)  Applications for Special Permits and Zoning Map amendments pursuant to § 197-c of the City Charter:

   (1) Applications for special permits: For special permits, the total amount of floor area, or in the case of open uses, area of the zoning lot:

Less than 10,000 square feet $2,040
10,000 to 19,999 square feet $3,100
20,000 to 39,999 square feet $4,080
40,000 to 69,999 square feet $5,215
70,000 to 99,999 square feet $6,125
100,000 to 239,999 square feet $6,805
240,000 to 500,000 square feet $17,765
Over 500,000 square feet $29,485

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For this purpose the amount of floor area shall be calculated based upon the floor area for the entire development or enlargement.

   (2) Applications for zoning map amendments, the area of all zoning lots in the area to be rezoned:

Less than 10,000 square feet $2,190
10,000 to 19,999 square feet $3,250
20,000 to 39,999 square feet $4,310
40,000 to 69,999 square feet $5,445
70,000 to 99,999 square feet $6,425
100,000 to 239,999 square feet $7,105
240,000 to 500,000 square feet $18,445
Over 500,000 square feet $30,620

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  1. Applications for changes to the City Map, Landfills: Except for applications to eliminate a mapped but unimproved street from the property of an owner-occupied, one- or two-family residence, for which no fee shall be charged, fees are as follows:
Elimination of a mapped but unimproved street $1,740
Establishment of a landfill $3,400
Any other change in the City Map $5,445

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  1. Applications for franchises and revocable consents:

   (1) Applications pursuant to § 197-c of the City Charter – $3,400

   (2) Enclosed sidewalk cafes pursuant to New York City Administrative Code § 20-225: $55 per seat/minimum of $1,360

  1. Applications for amendments to the text of the Zoning Resolution pursuant to § 201 of the City Charter – $5,445
  2. Applications for zoning certifications and zoning authorizations:

   (1) For certification for public school space pursuant to § 107 – 123 of Article X, Chapter 7 (Special South Richmond Development District) of the Zoning Resolution, the fee shall be $160.

   (2) Pursuant to Article VI, Chapter 2 (Special Regulations Applying in The Waterfront Area), Article X, Chapter 5 (Natural Area District), Article X, Chapter 7 (Special South Richmond Development District) and Article XI, Chapter 9 (Special Hillsides Preservation District) of the Zoning Resolution.

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   (3) Pursuant to § 95-04 (Transit Easements) of the Zoning Resolution – $  270

   (4) Pursuant to all other sections of the Zoning Resolution:

Total amount of floor area, or in the cases of open uses, area of the zoning lot as follows:

Less than 10,000 square feet $1,060
10,000 to 19,999 square feet $1,590
20,000 to 39,999 square feet $2,040
40,000 to 69,999 square feet $2,645
70,000 to 99,999 square feet $3,100
100,000 square feet and over $3,400

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In the case of area transfer of development rights or floor area bonus, the fee shall be based upon the amount of floor area associated with such transfer or bonus.

  1. Modifications, follow-up actions and renewals.

   (1) The fee for an application which requests a modification of a previously approved application, where the new application is subject to § 197-c of the New York City Charter, shall be the same as the current fee for an initial application, as set forth in this Schedule of Charges.

   (2) The fee for an application which requests a modification of a previously approved application, where the new application is not subject to § 197-c of the New York City Charter, shall be one-half of the current fee for an initial application, as set forth in this Schedule of Charges.

   (3) The fee for a follow up action under the Zoning Resolution, or a restrictive declaration or other legal instrument shall be one-quarter of the amount prescribed in this Schedule of Charges for an initial application.

   (4) The fee for the renewal of a previously approved enclosed sidewalk cafe shall be one-half of the amount prescribed in this Schedule of Charges for an initial application.

   (5) The fee for the renewal pursuant to § 11-43 of the Zoning Resolution of a previously approved special permit or authorization which has not lapsed shall be one-half of the amount prescribed in this Schedule of Charges for an initial application.

  1. Supplemental Fee for Large Projects. In addition to all applicable fees as set forth above, a supplemental fee shall be required for the following applications:
Applications that may result in the development of 500,000 to 999,999 square feet of floor area $80,000
Applications that may result in the development of 1,000,000 to 2,499,000 square feet of floor area $120,000
Applications that may result in the development of at least 2,500,000 square feet of floor area $160,000

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§ 3-08 Natural Feature Restoration Fee.

In the event that an application, pursuant to §§ 105-45, 107-321, 107-65, and 119-40 of the Zoning Resolution, for the restoration of trees that have been removed or topography that has been altered without the prior approval of the City Planning Commission pursuant to §§ 105-40, 107-60, 119-10, 119-20, or 119-30 of the Zoning Resolution is filed, the fee for such application shall be $.10 per square foot, based upon the total area of the zoning lot, but in no case to exceed $18,900.00. This section shall not apply to developments for which zoning applications have been approved by the City Planning Commission prior to January 6, 1983 and for which an application for a building permit has been filed prior to January 6, 1983.

§ 3-09 Fee for Zoning Verification.

The fee for a request that the Department of City Planning verify in writing the zoning district(s) in which a property is located shall be $110 per request. Each zoning verification request shall be made in writing, and shall include the address, borough, tax block and lot(s) of the property. Each separate property shall be a separate request; however, a property comprised of multiple contiguous tax lots shall be treated as a single request.

Chapter 3: Contributions

§ 3-10 Contributions to Theater Subdistrict Fund Pursuant to § 81-744 of the New York City Zoning Resolution.

Contributions to the Theater Subdistrict Fund pursuant to § 81-744 of the New York City Zoning Resolution shall be made in an amount equal to $17.60 per square foot of floor area transferred.

§ 3-11 Contributions to the West Chelsea Affordable Housing Fund Pursuant to § 98-262(c) of the New York City Zoning Resolution.

Contributions to the West Chelsea Affordable Housing Fund pursuant to § 98-262(c) of the New York City Zoning Resolution shall be made in an amount equal to $625 per square foot of floor area increase as of the effective date of this rule.

This amount shall be adjusted each year by a factor equal to the ratio of the per square foot contribution to the MIH Affordable Housing Fund for eligible MIH developments in Manhattan Community District 4 for the current year to such per square foot contribution for the prior year. Such adjustments shall take effect automatically upon adjustment by HPD to the contribution rate to the MIH Affordable Housing Fund pursuant to 28 RCNY § 41-23.

The City Planning Commission retains the ability to adjust the contribution amount for the West Chelsea Affordable Housing by rule pursuant to § 98-262(c) of the New York City Zoning Resolution.

Chapter 4: Procedures for New York City Waterfront Revitalization Program (WRP) Consistency Review by the City Coastal Commission and the Department of City Planning

§ 4-01 Applicability.

This chapter sets forth the procedures applicable to the review of actions located in the New York City Coastal Zone by the City Planning Commission (the Commission), in its capacity as the City Coastal Commission (CCC), and by the Department of City Planning (the Department) as provided in the WRP. Three separate categories of actions are subject to such review process:

  1. Local discretionary actions that are classified as Type 1 or Unlisted pursuant to the State Environmental Quality Review Act (SEQRA) or City Environmental Quality Review (CEQR);
  2. State actions that are subject to WRP consistency review by the relevant state agency pursuant to the applicable laws and regulations referenced in 62 RCNY § 4-03(b);
  3. Federal direct actions, permit and license actions, and financial assistance actions that are subject to WRP consistency review by the New York State Department of State (DOS) for the relevant federal agency pursuant to the applicable laws and regulations referenced in 62 RCNY § 4-03(b).

The Department’s or the CCC’s review of state and federal actions, as referenced herein, is advisory and for the purpose of consultation in accordance with state and federal laws and regulations.

§ 4-02 CCC and Department Review.

As the administrator of the WRP with the CCC, the Department is responsible for coordinating all WRP consistency reviews. The Department evaluates all actions covered by 62 RCNY § 4-01 to determine which warrant CCC review, in accordance with the criteria set forth in this section. The Department reviews all actions covered by this chapter that do not warrant CCC review.

The CCC reviews:

  1. Local actions that are subject to Commission approval pursuant to the Uniform Land Use Review Procedure (ULURP) or other provision of the City Charter, including those for which the Commission is the designated CEQR lead agency; and
  2. Local, state or federal actions that, in the Department’s view, would substantially hinder the achievement of one or more policies of the WRP.

§ 4-03 Reviews for Consistency with the WRP.

(a) Local actions. Except as provided in 62 RCNY § 4-04(a), no CEQR lead or involved agency may make a final decision to undertake, fund, or approve an action unless and until the lead agency, or the CCC when the lead agency is the Commission, finds that such action will not substantially hinder the achievement of any WRP policy and determines that the action is consistent with the WRP, in accordance with the standards set forth in the WRP. When the lead agency is other than the Commission, the Department must concur with such finding.

   (1) Local actions subject to Commission approval. The CCC’s review of actions for consistency with the WRP is incorporated into the Commission’s existing review procedures pursuant to ULURP or other provision of the Charter, or pursuant to CEQR.

   (2) Local actions not subject to Commission approval.

      (i) The CEQR lead agency shall provide the Department with its draft Environmental Impact Statement (EIS) or draft Environmental Assessment Statement (EAS), whichever is applicable, containing the agency’s draft WRP consistency assessment and determination, at the earliest possible date, and in no event less than thirty (30) days before issuance of a Negative Declaration, a Conditional Negative Declaration or, if the agency has prepared a draft EIS, a Notice of Completion. The Department may request additional information to assist in the evaluation of the proposed action, which the agency shall promptly provide.

      (ii) Within thirty (30) days of receipt of the lead agency’s draft WRP consistency assessment and determination, the Department will notify the lead agency as to whether the Department concurs or does not concur with the proposed consistency determination and will provide written comments on the assessment, if any.

      (iii) When the lead agency has prepared an EAS, if the Department is properly notified of such agency’s consistency assessment and determination and does not respond to such agency in writing within thirty (30) days of receipt, the lead agency may deem its consistency determination to have been accepted by the Department.

  1. State and federal actions. The coordination of the Department’s or the CCC’s review of state and federal actions with the relevant state agency and DOS, respectively, including review periods and the procedures for transmission of comments and findings, shall be in accordance with the relevant state and federal laws and regulations, including Article 42 of the New York State Executive Law (§§ 910 through 922) and 16 U.S.C. §§ 1451 et seq., respectively, and shall follow the guidelines for notification and review of federal and state actions, which are appended to the WRP.
  2. Inconsistency with the WRP. For all actions, where an inconsistency with one or more policies of the WRP has been identified, the Department or the CCC, as applicable, may recommend alternatives or modifications to the action or mitigation measures in order to avoid or minimize the inconsistency. If, in the Department’s or the CCC’s view, an inconsistency presents a substantial hindrance to the achievement of one or more policies of the WRP, the provisions of 62 RCNY § 4-04 shall apply.
  3. Public Notice. All actions will be subject to any applicable procedures for public notice for the action under review. There are no additional public notice or participation requirements pursuant to this chapter.

§ 4-04 Substantial Hindrance to the WRP.

(a) Local actions.

   (1) Local actions subject to Commission approval. The Commission may not approve an action that will substantially hinder the achievement of one or more policies of the WRP, unless, in its capacity as the CCC, it makes the following four findings:

      i. No reasonable alternatives exist which would permit the action to be taken in a manner which would not substantially hinder the achievement of such policy;

      ii. The action taken will minimize all adverse effects on such policies to the maximum extent practicable;

      iii. The action will advance one or more of the other coastal policies; and

      iv. The action will result in an overriding local or regional public benefit.

   (2) Local actions not subject to Commission approval. A CEQR lead or involved agency may not undertake, fund, or approve an action that will substantially hinder the achievement of one or more policies of theWRP unless the CEQR lead agency makes the four findings in paragraph 1 of this subdivision with the concurrence of the CCC.

   Where the findings set forth in paragraph 1 of this subdivision are met, the action shall be deemed consistent with the WRP.

  1. State and federal actions. The CCC shall provide an advisory determination as to whether the four findings set forth in paragraph 1 of subdivision a are met. The Department shall transmit the CCC’s findings to the relevant state agency or DOS for the purpose of consultation in accordance with the WRP and applicable state and federal laws, regulations and published guidelines, as referenced in subdivision b of 62 RCNY § 4-03.

Chapter 5: City Environmental Quality Review (CEQR)

§ 5-01 Source of Authority and Statement of Purpose.

Section 192(e) of the Charter provides that the City Planning Commission “shall oversee implementation of laws that require environmental reviews of actions taken by the city” and that the Commission “shall establish by rule procedures for environmental reviews of proposed actions by the city where such reviews are required by law.” These rules are intended to exercise that mandate by redefining lead agencies within the city in accordance with law, prescribing the relationship of the new Office of Environmental Coordination with those agencies and regulating scoping. The organization and numbering of the various sections of these rules are not intended to correspond precisely to Executive Order 91. [;43 RCNY Chapter 6, also, see Appendix A hereto];. Rather, these rules are an overlay on Executive Order 91. Where these rules conflict with Executive Order 91, these rules supersede the Executive Order. In deciding upon the appropriate lead agency for certain classes of actions taken by the city, the City Planning Commission has selected the involved agency “principally responsible for carrying out, funding or approving” those actions. 6 NYCRR § 617.2(v). For private ULURP applications, for § 197-a plans and for all actions primarily involving a zoning map or text change, the City Planning Commission, responsible under the Charter “for the conduct of planning relating to the orderly growth, improvement and future development of the city” (Charter § 192(d)), is the lead agency. For other ULURP applications, the city agency applicant, the agency that will generally be involved with ensuring programmatic implementation of the action, is the lead agency. Most of the remaining lead agency designations in the rules similarly address other approvals required by the Charter by designating the agency charged with ensuring programmatic implementation as the lead agency for those approvals. In appropriate cases, a lead agency designated by the rules may transfer its lead agency status to another involved agency. The rules ensure that lead agencies have access to the technical and administrative expertise of the Office of Environmental Coordination. Finally, the rules provide for involved and interested agencies, including the City Council, to participate in the environmental review process, and ensure a role for the public in scoping.

§ 5-02 General Provisions.

(a) Continuation of Executive Order No. 91 [43 RCNY §§ 6-01 et seq.] [See Appendix A to these rules]. Until the City Planning Commission promulgates further rules governing environmental review of actions taken by the city, Executive Order No. 91 of August 24, 1977, as amended (Executive Order 91), shall continue to govern environmental quality review in the city except where inconsistent with these rules, provided, however, that the following provisions of Executive Order 91 shall not apply: the definitions of "Agency", "Lead Agencies" and "Project data statement" defined in 43 RCNY § 6-02, 43 RCNY § 6-03(b), 43 RCNY § 6-05(a), the introductory paragraph of 43 RCNY § 6-05(b), paragraphs one and two of 43 RCNY § 6-12(a), 43 RCNY § 6-14, and subdivision (b) of the TYPE II part of 43 RCNY § 6-15.
  1. Rules of Construction.

   (1) All functions required by Executive Order 91 to be performed by the “lead agencies,” as formerly defined in 43 RCNY § 6-02, shall be performed by the lead agency prescribed by or selected pursuant to these rules or by the Office of Environmental Coordination where authorized by these rules.

   (2) Wherever Executive Order 91 explicitly or by implication refers to subdivision (b) of the Type II part of 43 RCNY § 6-15, such reference shall be deemed to be to § 617.13(d) of the SEQRA Regulations.

   (3) The reference to “a determination pursuant to 43 RCNY § 6-03(b)” contained in 43 RCNY § 6-05(b)(1) shall be deemed to refer to selection of a lead agency pursuant to 62 RCNY § 5-03.

   (4) The Office of Environmental Coordination shall succeed to functions performed by the City Clerk pursuant to Executive Order 91 with respect to the receipt and filing of documents.

   (5) References in these rules and in Executive Order 91 to specific agencies and provisions of law shall be deemed to apply to successor agencies and provisions of law.

  1. Definitions.

   (1) All definitions contained in Executive Order 91, other than the definitions of “agency” and “lead agencies”, shall apply to these rules.

   (2) “Action” as defined in 43 RCNY § 6-02, includes all contemporaneous or subsequent actions that are included in a review pursuant to City Environmental Quality Review.

   (3) The following additional definitions shall apply to these rules unless otherwise noted:

      Agency. “Agency” shall mean any agency, administration, department, board, commission, council, governing body or other governmental entity of the city of New York, including but not limited to community boards, borough boards and the offices of the borough presidents, unless otherwise specifically referred to as a state or federal agency.

      City Environmental Quality Review. “City Environmental Quality Review” (CEQR) shall mean the environmental quality review procedure established by Executive Order 91 as modified by these rules.

      Determination of Significance. “Determination of significance” shall mean a negative declaration, conditional negative declaration or notice of determination (positive declaration).

      Interested Agency. “Interested agency” shall mean an agency that lacks jurisdiction to fund, approve or directly undertake an action but requests or is requested to participate in the review process because of its specific concern or expertise about the proposed action.

      Involved Agency. “Involved agency” shall mean any agency that has jurisdiction to fund, approve or directly undertake an action pursuant to any provision of law, including but not limited to the Charter or any local law or resolution. The City Council shall be an involved agency for all actions for which, as a component of the approval procedure for the action or a part thereof, the City Council has the power to approve or disapprove, regardless of whether the City Council chooses to exercise such power.

      Lead Agency. “Lead agency” shall mean the agency principally responsible for environmental review pursuant to these rules.

      Scoping. “Scoping” shall mean the process by which the lead agency identifies the significant issues related to the proposed action which are to be addressed in the draft environmental impact statement including, where possible, the content and level of detail of the analysis, the range of alternatives, the mitigation measures needed to minimize or eliminate adverse impacts, and the identification of non-relevant issues.

      SEQRA Regulations. “SEQRA Regulations” shall mean Part 617 of Volume 6 of New York Codes, Rules and Regulations.

  1. Applicability. These rules and Executive Order 91 shall apply to environmental review by the city that is required by the State Environmental Quality Review Act (Environmental Conservation Law, Article 8) and regulations of the State Department of Environmental Conservation thereunder and shall not be construed to require environmental quality review of an action where such review would not otherwise be required by such act and regulations, or to dispense with any such review where it is otherwise required.

§ 5-03 Establishment of Lead Agency.

(a) General Rule. Where only one agency is involved in an action, that agency shall be the lead agency.
  1. Actions Subject to ULURP and Charter Sections 197-a, 200, 201, and 668.

   (1) For actions subject to the Uniform Land Use Review Procedure of § 197-c of the Charter (ULURP), and for which the applicant is not a city agency, the City Planning Commission shall be the lead agency.

   (2) For actions that involve plans for the development, growth and improvement of the city, its boroughs and community districts (Charter § 197-a), the City Planning Commission shall be the lead agency.

   (3) For actions that involve zoning map or text changes (Charter § 200 and/or 201), the following rules shall apply:

      (i) If the only approval subject to ULURP or to Charter § 200 or 201 is a zoning map or text change, the City Planning Commission shall be the lead agency.

      (ii) If the applicant for any action requiring a zoning map or text change is not a city agency, the City Planning Commission shall be the lead agency.

      (iii) If the action involves a zoning map or text change, in addition to another approval under Charter § 197-c (ULURP) for which there is a city agency applicant, then the city agency applicant shall be the lead agency, provided, however, that the City Planning Commission shall be the lead agency if:

         (A) The action involves a zoning map or text change that covers or may apply to areas substantially larger than the properties covered by the non-zoning approvals required under Charter § 197-c; or

         (B) The city agency applicant and the Chair of the City Planning Commission agree that the action involves a zoning map or text change that changes the uses permitted so as to substantially alter the area zoning pattern.

   (4) For all other actions subject to § 197-c of the Charter (ULURP) for which the applicant is a city agency, and for actions subject to § 668 of the Charter for which the applicant is a city agency, the city agency applicant shall be the lead agency. Where there is more than one city agency applicant, the city agency applicants shall agree upon which of them will be the lead agency, using the selection procedure set forth in subdivision (h) of this section.

   (5) Where no other provision of this section applies and an action involves a special permit or variance from the Board of Standards and Appeals (Charter § 668) for which the applicant is not a city agency, the Board of Standards and Appeals shall be the lead agency.

  1. Section 195 Acquisitions of Office Space or Existing Buildings for Office Use. For actions involving acquisitions of office space or existing buildings for office use (Charter § 195), the agency filing the notice of intent to acquire shall be the lead agency.
  2. Local Laws. The City Council and the Office of the Mayor shall be co-lead agencies for local laws. Either agency may at any time delegate to the other its lead agency status and act instead as an involved agency. In addition, after introduction of a proposed local law, the City Council may assume sole lead agency status after giving the Mayor five days notice.
  3. Franchises, Revocable Consents, and Concessions. For actions involving franchises, revocable consents and concessions, the responsible agency as defined in Charter § 362(c) shall be the lead agency.
  4. Leasing of Wharf Property for Waterfront Commerce or Navigation and Waterfront Plans. For actions involving the leasing of wharf property belonging to the city primarily for purposes of waterfront commerce or in furtherance of navigation (Charter § 1301(2)(f)), the Department of Business Services shall be the lead agency, provided that the Department of Transportation shall be the lead agency for such actions when it is acting pursuant to Charter § 2903(c)(2). For actions involving determinations of the Commissioner of Business Services pursuant to Charter § 1302 (waterfront plans), the Department of Ports and Trade shall be the lead agency.
  5. Selection of Lead Agency in the Case of Multiple Involved Agencies.

   (1) Subdivision (b) of this section, which governs lead agency designation for actions involving approvals pursuant to ULURP or § 197-a, 200, 201 or 668 of the Charter, shall always govern determination of the lead agency regardless of whether the action involves additional approvals pursuant to other provisions of law.

   (2) For any other action involving more than one agency, the agencies designated in subdivisions (c) through (f) of this section and any agencies involved in any required city approval, other than approvals described in such subdivisions, shall agree upon which of them will be the lead agency, using the selection procedure set forth in subdivision (h) of this section.

  1. Procedure for Selection of Lead Agency. In selecting a lead agency where agreement among agencies is required by this section, and in deciding whether transfer of lead agency status is appropriate, the agencies making the selection or decision shall determine which agency is most appropriate to act as lead agency for the particular action. In making such determination, such agencies shall consider, but shall not be limited to considering, the following criteria:

   (1) The agency that will have the greater degree of responsibility for planning and implementing the action;

   (2) The agency that will be involved for a longer duration;

   (3) The agency that has the greater capability for providing the most thorough environmental assessment;

   (4) The agency that has the more general governmental powers as compared to single or limited powers or purposes;

   (5) The agency that will provide the greater level of funding for the action;

   (6) The agency that will act earlier on the proposed action; and

   (7) The agency that has the greater role in determining the policies resulting in or affecting the proposed action.

  1. Transfer of Lead Agency Status. Lead agency status may be transferred from the lead agency, at its discretion, to an involved agency that agrees to become the lead agency. In deciding whether a transfer of lead agency status is appropriate, agencies shall use the selection procedure set forth in subdivision (h) of this section. Notice of transfer of lead agency status must be given by the new lead agency to the applicant and all other involved and interested agencies within 10 days of the transfer. The Chair of the City Planning Commission may act on behalf of such Commission pursuant to this subdivision.
  1. Selection of Lead Agency Where Actions Involve City and State Agencies. Where an action involves both city and state agencies, the city agency prescribed by or selected pursuant to subdivisions (a) through (i) of this section shall, together with such state agencies, participate in selection of the lead agency pursuant to SEQRA, and such selection shall be binding upon the city. The criteria set forth in § 617.6(e)(5) of the SEQRA Regulations shall be considered in deciding whether or not a city agency shall serve as lead agency. The Office of Environmental Coordination shall perform the functions set forth in subdivision (d) of 62 RCNY § 5-04.

§ 5-04 The Office of Environmental Coordination.

(a) The Director of City Planning and the Commissioner of the Department of Environmental Protection shall designate persons from the staffs of the Departments of City Planning and Environmental Protection who shall comprise the Office of Environmental Coordination (OEC). The OEC shall provide assistance to all city agencies in fulfilling their environmental review responsibilities.
  1. The OEC shall perform any environmental review function assigned to it by a lead agency, except the OEC may not issue, amend or rescind a determination of significance, notice of completion of a draft or final environmental impact statement, written findings following issuance of a final environmental impact statement, or analogous statements, notices or findings for a supplemental environmental impact statement. In addition, the lead agency may not delegate to the OEC its responsibility to issue the final scope or to attend the scoping meeting; however, the lead agency may delegate to the OEC the power to chair the scoping meeting.
  2. In addition to any other functions the OEC may perform pursuant to these rules, the OEC shall:

   (1) Work with appropriate city agencies to develop and maintain technical standards and methodologies for environmental review and, upon request, assist in the application by agencies of such standards and methodologies;

   (2) Work with appropriate city agencies to develop and maintain a technical database that may be utilized by applicants and city agencies in completing the standardized environmental assessment statement described in this subdivision and in preparation of draft and final environmental impact statements;

   (3) Prepare and maintain a standardized environmental assessment statement, which shall provide guidance in determining whether the action may have a significant effect on the environment;

   (4) At the request of a lead agency, coordinate the work of the technical staffs of interested agencies in order to complete environmental review, and expedite responses by interested agencies to requests of the lead agency;

   (5) (i) Receive and maintain on file notifications of commencement of environmental review, determinations of significance (including completed environmental assessment statements), draft and final scopes issued pursuant to 62 RCNY § 5-07, draft and final environmental impact statements, and significant supporting documentation comprising the official records of environmental reviews,

      (ii) provide to the public upon request, or make available for inspection by the public during normal business hours, materials maintained on file pursuant to this paragraph,

      (iii) publish a quarterly listing of all notifications of commencement, determinations of significance, draft and final scopes and draft and final environmental impact statements received and filed pursuant to this paragraph, and

      (iv) in its discretion, advise lead agencies as to whether such documents are consistent with standards and methodologies developed pursuant to this subdivision and reflect proper use of the standardized environmental assessment statement;

   (6) Provide to lead agencies staff training, management assistance, model procedures, coordination with other agencies, and other strategies intended to remedy any problems that arise with respect to consistency with standards and methodologies developed pursuant to this subdivision or proper use of the standardized environmental assessment statement;

   (7) Provide to lead agencies a format for notices of public scoping meetings, assist lead agencies in ensuring that public scoping meetings are conducted in an effective manner, and, to the extent the OEC deems appropriate, comment on the draft scope and participate in such meetings;

   (8) Prepare standardized forms for notifications of commencement of environmental review, determinations of significance, notices of completion of draft and final environmental impact statements, and, as may be appropriate, other environmental review documents; and

   (9) Work with appropriate city agencies to develop and implement a tracking system to ensure that mitigation measures are implemented in a timely manner, and to evaluate and report on the effectiveness of mitigation measures.

  1. Any state agency that seeks a determination whether a city agency shall serve as the lead agency for an action that involves city and state agencies should initially communicate with the OEC. Upon receipt of such communication, the OEC shall ascertain the city agency which is designated as lead agency by or pursuant to these rules and shall notify such agency of such communication. Such designated agency may then act pursuant to subdivision (j) of § 3 of these rules.
  2. Where an action or part thereof has been or will be reviewed by a federal agency, the OEC shall assist city agencies in coordinating review with the appropriate federal agency.

§ 5-05 Environmental Review Procedures.

(a) Threshold Determination.

   (1) In the case of any action for which a lead agency is prescribed by 62 RCNY § 5-03, and thus for which no agreement among involved agencies is necessary, only such lead agency may determine that such action, considered in its entirety, requires environmental review, and such determination shall be binding upon the city. The OEC shall, upon the request of such agency, assist in such determination.

   (2) In the case of any action for which agreement among involved agencies is necessary for selection of a lead agency, if an agency that could be the lead agency for the particular action pursuant to subdivisions (b) through (g) of 62 RCNY § 5-03 determines that such action may require environmental review, then the lead agency shall be agreed upon as provided in § 3 of these rules, and such lead agency shall determine whether such action, considered in its entirety, requires environmental review. Such determination shall be binding upon the city. The OEC shall assist in any determination made pursuant to this paragraph upon the request of the agency making such determination.

   (3) Nothing contained in this subdivision shall be construed to require an affirmative determination, whether formal or informal, that an action is exempt from environmental review, or is a Type II action pursuant to the SEQRA Regulations, where such determination would not otherwise be required by law.

  1. Other Determinations.

   (1) After the determination that an action requires environmental review, the lead agency shall notify the OEC that it is commencing environmental review and complete or cause to be completed the standardized environmental assessment statement provided by the OEC. Such statement shall provide guidance in determining whether the action may have a significant effect on the environment. The OEC and interested and involved agencies shall, upon the request of the lead agency, assist the lead agency in completing such statement.

   (2) The OEC and interested and involved agencies shall, upon the request of the lead agency, assist such lead agency with respect to any aspect of a determination of significance and/or a draft, final and/or supplemental environmental impact statement.

   (3) Whenever, in the preparation of a draft environmental impact statement, the lead agency identifies a potential significant impact, the lead agency shall consult with any agency that has primary jurisdiction to carry out possible mitigations, and with any city agency that has primary regulatory jurisdiction over the subject matter of such impact.

   (4) Lead agencies shall transmit copies of the following to the OEC upon issuance: notifications of commencement of environmental review, determinations of significance (including completed environmental assessment statements), draft and final scopes, draft and final environmental impact statements. In addition, lead agencies shall forward to the OEC significant supporting documentation comprising the official records of environmental reviews.

  1. Type II. The following actions are not subject to review under City Environmental Quality Review, the State Environmental Quality Review Act (Environmental Conservation Law, Article 8) or the SEQRA Regulations, subject to 62 RCNY § 5-05(d):

   (1) Special permits for physical culture or health establishments of up to 20,000 gross square feet, pursuant to § 73-36 of the Zoning Resolution;

   (2) Special permits for radio and television towers, pursuant to § 73-30 of the Zoning Resolution;

   (3) Special permits for ambulatory diagnostic or treatment health care facilities, pursuant to § 73-125 of the Zoning Resolution;

   (4) Special permits to allow a building or other structure to exceed the height regulations around airports, pursuant to § 73-66 of the Zoning Resolution;

   (5) Special permits for the enlargement of buildings containing residential uses by up to 10 units, pursuant to § 73-621 of the Zoning Resolution;

   (6) Special permits for eating and drinking establishments of up to 2,500 gross square feet with accessory drive-through facilities, pursuant to § 73-243 of the Zoning Resolution;

   (7) Acquisition or lease disposition of real property by the City, not involving a change of use, a change in bulk, or ground disturbance;

   (8) Construction or expansion of primary or accessory/appurtenant park structures or facilities involving less than 10,000 square feet of gross floor area;

   (9) Park mapping, site selection or acquisition of less than ten (10) acres of existing open space or natural areas;

   (10) Authorizations for a limited increase in parking spaces for existing buildings without parking, pursuant to § 13-442 and § 16-341 of the Zoning Resolution;

   (11) Special permits for accessory off-street parking facilities, which do not increase parking capacity by more than eighty-five (85) spaces or involve incremental ground disturbance, pursuant to § 16-351 of the Zoning Resolution;

   (12) Special permits for public parking garages and public parking lots, which do not increase parking capacity by more than eighty-five (85) spaces or involve incremental ground disturbance, pursuant to § 16-352 of the Zoning Resolution; and

   (13) Special permits for additional parking spaces, which do not increase parking capacity by more than eighty-five (85) spaces or involve incremental ground disturbance, pursuant to § 13-45 of the Zoning Resolution.

  1. Type II Prerequisites.

   (1) An action listed in 62 RCNY § 5-05(c), which is also classified as Type I pursuant to 6 NYCRR Part 617.4, shall remain Type I and subject to environmental review.

   (2) An action listed in 62 RCNY § 5-05(c)(2) - (5), or (8) involving ground disturbance shall remain subject to environmental review, unless it is determined that any potentially significant hazardous materials impacts will be avoided.

   (3) An action listed in 62 RCNY § 5-05(c)(2), (3), (5), or (8) involving excavation of an area that was not previously excavated shall remain subject to environmental review, unless it is determined that the project site is not archaeologically sensitive.

   (4) An action listed in 62 RCNY § 5-05(c)(4) shall remain subject to environmental review, unless it is determined that any potentially significant noise impacts will be avoided.

   (5) An action listed in 62 RCNY § 5-05(c)(2), (3), (5), or (8) involving the removal or alteration of significant natural resources shall remain subject to environmental review.

   (6) An action listed in 62 RCNY § 5-05(c)(2), (4), (5), (6), (8), or (11) - (13) shall remain subject to environmental review if the project site is:

      (i) wholly or partially within any historic building, structure, facility, site or district that is calendared for consideration or eligible for designation as a New York City Landmark, Interior Landmark or Scenic Landmark;

      (ii) substantially contiguous to any historic building, structure, facility, site or district that is designated, calendared for consideration or eligible for designation as a New York City Landmark, Interior Landmark or Scenic Landmark; or

      (iii) wholly or partially within or substantially contiguous to any historic building, structure, facility, site or district, or archaeological or prehistoric site that is listed, proposed for listing or eligible for listing on the State Register of Historic Places or National Register of Historic Places.

§ 5-06 Involved and Interested Agencies; Required Circulation.

(a) The lead agency and the OEC shall make every reasonable effort to keep involved and interested agencies informed during the environmental review process and to facilitate their participation in such process. If the City Council is involved in an action, staff of the lead agency and/or staff of the OEC shall be made available to explain determinations made by the lead agency to the City Council or the appropriate City Council committee or staff.
  1. Any written information submitted by an applicant for the lead agency to determine whether an environmental impact statement will be required by law, and documents or records intended to define or substantially redefine the overall scope of issues to be addressed in any draft environmental impact statement required by law, shall be transmitted to all affected community or borough boards, where such transmission is required by the Charter.
  2. If the City Council is involved in an action, any written information, documents or records that are required to be transmitted to involved agencies or to affected community boards or borough boards shall be transmitted to the City Council.

§ 5-07 Scoping.

After a notice of determination (positive declaration) is issued, the lead agency shall coordinate the scoping process, which shall ensure that all interested and involved agencies (including the City Council where it is interested or involved), the applicant, the OEC, community and borough boards, borough presidents and the public are able to participate. The scoping process shall include a public scoping meeting and take place in accordance with the following procedure:

  1. Draft Scope. Within fifteen days after a notice of determination (positive declaration) is issued, the lead agency shall issue a draft scope, which may be prepared by the applicant but must be approved by the lead agency. The lead agency may consult with the OEC and other agencies prior to issuance of the draft scope.
  2. Public Notice and Comment. Upon issuance of the draft scope and not less than thirty nor more than forty-five days prior to the holding of the public scoping meeting, the lead agency shall publish in the City Record a notice indicating that a draft environmental impact statement will be prepared for the proposed action and requesting public comment with respect to the identification of issues to be addressed in the draft environmental impact statement. Such notice shall be in a format provided by the OEC and shall state that the draft scope and the environmental assessment statement may be obtained by any member of the public from the lead agency and/or the OEC. Such notice shall also contain the date, time and place of the public scoping meeting, shall provide that written comments will be accepted by the lead agency through the tenth day following such meeting, and shall set forth guidelines for public participation in such meeting.
  3. Agency Notice and Comment. Upon issuance of the draft scope and not less than thirty nor more than forty-five days prior to the holding of the public scoping meeting, the lead agency shall transmit the draft scope and the environmental assessment statement to all interested and involved agencies (including the City Council where it is interested or involved), to the applicant, to the OEC and to agencies entitled to send representatives to the public scoping meeting pursuant to § 197-c(d) or § 668(a)(7) of the Charter. Together with the draft scope and the environmental assessment statement, a letter shall be transmitted indicating the date, time and place of the public scoping meeting, and stating that comments will be accepted by the lead agency through the tenth day following such meeting. The lead agency may consult with other agencies regarding their comments, and shall forward any written comments received pursuant to this subdivision to the OEC.
  4. Public Scoping Meeting. The lead agency shall chair the public scoping meeting. In addition to the lead agency, all other interested and involved agencies that choose to send representatives (including the City Council where it is interested or involved), the applicant, the OEC, and agencies entitled to send representatives pursuant to § 197-c(d) or § 668(a)(7) of the Charter may participate. The meeting shall include an opportunity for the public to observe discussion among interested and involved agencies, agencies entitled to send representatives, the applicant and the OEC. Reasonable time shall be provided for the public to comment with respect to the identification of issues to be addressed in the draft environmental impact statement. The OEC shall assist the lead agency in ensuring that the public scoping meeting is conducted in an effective manner.
  5. Final Scope. Within thirty days after the public scoping meeting, the lead agency shall issue a final scope, which may be prepared by the applicant and approved by the lead agency. The lead agency may consult further with the OEC and other agencies prior to issuance of the final scope. Where a lead agency receives substantial new information after issuance of a final scope, it may amend the final scope to reflect such information.
  6. Scoping of City Agency Actions. For actions which do not involve private applications, nothing contained in these rules shall be construed to prevent a lead agency, where deemed necessary for complex actions, from extending the time frames for scoping set forth in this section, or from adding additional elements to the scoping process.

§ 5-08 Applications and Fees.

(a) Applications. Applications submitted for City Environmental Quality Review for actions that require such review shall be submitted to the lead agency prescribed by these rules, or to an agency that could be the lead agency for the particular action pursuant to 62 RCNY § 5-03. Such applications shall include information required to be obtained from applicants in order for the lead agency to complete or cause to be completed the standardized environmental assessment statement, and such other documents and additional information as the lead agency may require to make a determination of significance. In addition, except as otherwise provided in these rules, such applications shall conform to the requirements of Executive Order 91.
  1. Fees. Except as otherwise provided by this section, fees in effect on the effective date of these rules pursuant to Executive Order 91 and codified as 62 RCNY § 3-02 shall continue to govern City Environmental Quality Review applications, unless the City Planning Commission shall by rule modify such fees. Such fees shall be submitted to the lead agency prescribed by these rules, or to an agency that could be the lead agency for the particular action pursuant to 62 RCNY § 5-03.

§ 5-09 Transition Section.

(a) An action shall not be subject to these rules, but shall comply with Executive Order 91, as in effect prior to the effective date of these rules, where:

   (1) a classification as exempt, excluded or Type II has been made prior to the effective date of these rules;

   (2) a project data statement has been completed more than thirty days prior to the effective date of these rules and a determination of significance has not been made prior to the effective date of these rules;

   (3) a negative declaration or a conditional negative declaration has been issued prior to the effective date of these rules; or

   (4) a notice of determination (positive declaration) has been issued more than thirty days prior to the effective date of these rules; provided, however, that if a negative declaration or conditional negative declaration is rescinded, or if a classification as exempt, excluded or Type II is no longer applicable, or if a supplemental environmental impact statement is required, or if a notice of determination (positive declaration) has been issued less than thirty days prior to the effective date of these rules or is issued on or after the effective date of these rules, these rules shall apply, and the lead agency prescribed by or selected pursuant to these rules shall thereupon assume lead agency status at the earliest time practicable.

  1. Except as provided in subdivision (a) of this section, the lead agency prescribed by or selected pursuant to these rules shall assume lead agency status at the earliest time practicable. If a determination of significance has not been made and such lead agency determines that the action requires environmental review, it shall notify the OEC that it is commencing environmental review and shall complete or cause to be completed the standardized environmental assessment statement provided by the OEC, regardless of whether a project data statement has been completed. However, such lead agency shall not be required to engage in scoping pursuant to 62 RCNY § 5-07 if a final scope has already been prepared. Until the lead agency prescribed by or selected pursuant to these rules assumes lead agency status, the action shall be subject to Executive Order 91 as in effect prior to the effective date of these rules; however, after the effective date of these rules, the prior lead agency or agencies shall not issue a determination of significance or notice of completion of a draft or final environmental impact statement, classify an action as exempt, excluded or Type II, convene a scoping meeting or conduct a public hearing pursuant to CEQR.

§ 5-10 Severability.

The provisions of these rules shall be severable and if any phrase, clause, sentence, paragraph, subdivision or section of these rules, or the applicability thereof to any person or circumstance, shall be held invalid, the remainder of these rules and the application thereof shall not be affected thereby.

§ 5-11 Effective Date.

These rules shall take effect on October 1, 1991.

APPENDIX A TO CHAPTER 5: CITY ENVIRONMENTAL QUALITY REVIEW (CEQR) (EXECUTIVE ORDER NO. 91 OF 1977, AS AMENDED)

§ 6-01 Applicability.

(Except as modified by City Planning Rules, § 502(a) and (d).)

No final decision to carry out or approve any action which may have a significant effect on the environment shall be made by any agency until there has been full compliance with the provisions of this chapter.

§ 6-02 Definitions.

(Additional definitions, City Planning Rules 62 RCNY § 5-02(c).)

As used herein, the following terms shall have the indicated meanings unless noted otherwise:

Action.(Modified by City Planning Rules 62 RCNY § 5-02(c)(2).) “Action” means any activity of an agency, other than an exempt action enumerated in § 6-04 of this chapter, including but not limited to the following:

   (1) non-ministerial decisions on physical activities such as construction or other activities which change the use or appearance of any natural resource or structure;

   (2) non-ministerial decisions on funding activities such as the proposing, approval or disapproval of contracts, grants, subsidies, loans, tax abatements or exemptions or other forms of direct or indirect financial assistance, other than expense budget funding activities;

   (3) planning activities such as site selection for other activities and the proposing, approval or disapproval of master or long range plans, zoning or other land use maps, ordinances or regulations, development plans or other plans designed to provide a program for future activities;

   (4) policy making activities such as the making, modification or establishment of rules, regulations, procedures, policies and guidelines;

   (5) non-ministerial decisions on licensing activities, such as the proposing, approval or disapproval of a lease, permit, license, certificate or other entitlement for use or permission to act.

Agency.(Inapplicable. See City Planning Rules 62 RCNY § 5-02(a), 62 RCNY § 5-02(c)(3)(i).) “Agency” means any agency, administration, department, board, commission, council, governing body or any other governmental entity of the City of New York, unless otherwise specifically referred to as a state or federal agency.

Applicant. “Applicant” means any person required to file an application pursuant to this chapter.

Conditional negative declaration. “Conditional negative declaration” means a written statement prepared by the lead agencies after conducting an environmental analysis of an action and accepted by the applicant in writing, which announces that the lead agencies have determined that the action will not have a significant effect on the environment if the action is modified in accordance with conditions or alternative designed to avoid adverse environmental impacts.

DEC. “DEC” means the New York State Department of Environmental Conservation.

Environment. “Environment” means the physical conditions which will be affected by a proposed action, including land, air, water, minerals, flora, fauna, noise, objects of historic or aesthetic significance, existing patterns of population concentration, distribution or growth, and existing community or neighborhood character.

Environmental analysis. “Environmental analysis” means the lead agencies’ evaluation of the short and long term, primary and secondary environmental effects of an action, with particular attention to the same areas of environmental impacts as would be contained in an EIS. It is the means by which the lead agencies determine whether an action under consideration may or will not have a significant effect on the environment.

Environmental assessment form.(Retitled Environmental Assessment Statement; see City Planning Rules 62 RCNY § 5-04(c)(3).) “Environmental assessment form” means a written form completed by the lead agencies, designed to assist their evaluation of actions to determine whether an action under consideration may or will not have a significant effect on the environment.

Environmental impact statement (EIS). “Environmental impact statement (EIS)” means any written document prepared in accordance with §§ 6-08, 6-10, 6-12 and 6-13 of this chapter. An EIS may either be in a draft or a final form.

Environmental report. “Environmental report” means a report to be submitted to the lead agencies by a non-agency applicant when the lead agencies prepare or cause to be prepared a draft EIS for an action involving such an applicant. An environmental report shall contain an analysis of the environmental factors specified in § 6-10 of this chapter as they relate to the applicant’s proposed action and such other information as may be necessary for compliance with this chapter, including the preparation of an EIS.

Lead agencies.(Inapplicable, City Planning Rules 62 RCNY § 5-02(a). Superseded by City Planning Rules 62 RCNY § 5-02(b)(1) and 62 RCNY § 5-02(c)(3)(vi); also see City Planning Rules 62 RCNY § 5-03 for choice of lead agency.)

Ministerial action. “Ministerial action” means an action performed upon a given state of facts in a prescribed manner imposed by law without the exercise of any judgment or discretion as to the propriety of the action, although such law may require, in some degree, a construction of its language or intent.

Negative declaration. “Negative declaration” means a written statement prepared by the lead agencies after conducting an environmental analysis of an action which announces that the lead agencies have determined that the action will not have a significant effect on the environment.

Notice of determination.(See also City Planning Rules 62 RCNY § 5-02(c)(3)(iii).) “Notice of determination” means a written statement prepared by the lead agencies after conducting an environmental analysis of an action which announces that the lead agencies have determined that the action may have a significant effect on the environment, thus requiring the preparation of an EIS.

NYCRR.(See also City Planning Rules 62 RCNY § 5-02(c)(3)(viii).) “NYCRR” means the New York Code of Rules and Regulations.

Person. “Person” means an agency, individual, corporation, governmental entity, partnership, association, trustee or other legal entity.

Project data statement.(Inapplicable, City Planning Rules 62 RCNY § 5-02(a). Superseded by Environmental Assessment Statement, see City Planning Rules 62 RCNY § 5-04(c)(3). See also City Planning Rules 62 RCNY § 5-05(b)(1) and 62 RCNY § 5-08(a).)

SEQRA. “SEQRA” means the State Environmental Quality Review Act (Article 8 of the New York State Environmental Conservation Law).

Typically associated environmental effect. “Typically associated environmental effect” means changes in one or more natural resources which usually occur because of impacts on other such resources as a result of natural interrelationships or cycles.

ULURP. “ULURP” means the Uniform Land Use Review Procedure (§ 197-c of Chapter 8 of the New York City Charter).

§ 6-03 Actions Involving Federal or State Participation.

(a) (See also City Planning Rules 62 RCNY § 5-04(e)) If an action under consideration by an agency may involve a "major federal action significantly affecting the quality of the human environment under the National Environmental Policy Act of 1969," then the following procedures shall apply:

   (1) in the case of an action for which there has been duly prepared both a draft EIS and a final EIS, no agency shall have an obligation to prepare an EIS or to make findings pursuant to § 6-12 of this chapter.

   (2) in the case of an action for which there has been prepared a Negative Declaration or other written threshold determination that the action will not require a federal impact statement under the National Environmental Policy Act of 1969, the lead agencies shall determine whether or not the action may have a significant effect on the environment pursuant to this chapter, and the action shall be fully subject to the same.

  1. (Inapplicable, City Planning Rules 62 RCNY § 5-02(a). Entire subdivision (b) superseded by City Planning Rules 62 RCNY § 5-03(j) and 62 RCNY § 5-04(d).)

§ 6-04 Exempt Actions.

(See also City Planning Rules 62 RCNY § 5-02(d).)

The following actions shall not be subject to the provisions of this chapter:

  1. projects or activities classified as Type I pursuant to § 6-15 of this chapter directly undertaken or funded by an agency prior to June 1, 1977 except that if such action is sought to be modified after June 1, 1977, which modification may have a significant adverse effect on the environment, then such modification shall be an action fully subject to the requirements of this chapter;

   (1) such actions include, but are not limited to, those actions defined in § 6-02 “Action” (1), (2), (3) and (4) of this chapter;

   (2) an action shall be deemed to be undertaken at the point that:

      (i) the agency is irreversibly bound or committed to the ultimate completion of a specifically designed activity or project; or

      (ii) in the case of construction activities, a contract for substantial construction has been entered into or if a continuous program of on-site construction or modification has been engaged in; or

      (iii) the agency gives final approval for the issuance to an applicant of a discretionary contract, grant, subsidy, loan or other form of financial assistance; or

      (iv) in the case of an action involving federal or state participation, a draft EIS has been prepared pursuant to the National Environmental Policy Act of 1969 or SEQRA, respectively.

  1. projects or activities classified as Type I pursuant to § 6-15 of this chapter approved by an agency prior to September 1, 1977 except that if such action is sought to be modified after September 1, 1977, which modification may have a significant adverse effect on the environment, then such modification shall be an action fully subject to the requirements of this chapter;

   (1) such actions include, but are not limited to, those actions defined in § 6-02 “Action” (2) and (5) of this chapter;

   (2) an action shall be deemed to be approved at the point that:

      (i) the agency gives final approval for the issuance to an applicant of a discretionary contract, grant, subsidy, loan or other form of financial assistance; or

      (ii) the agency gives final approval for the issuance to an applicant of a discretionary lease, permit, license, certificate or other entitlement for use or permission to act; or

      (iii) in the case of an action involving federal or state participation, a draft EIS has been prepared pursuant to the National Environmental Policy Act of 1969 or SEQRA, respectively.

  1. projects or activities not otherwise classified as Type I pursuant to § 6-15 of this chapter directly undertaken, funded or approved by an agency prior to November 1, 1978 except that if such action is sought to be modified after November 1, 1978, which modification may have a significant adverse effect on the environment, then such modification shall be an action fully subject to the requirements of this chapter;

   (1) such actions include, but are not limited to, those actions defined in § 6-02 “Action” of this chapter;

   (2) an action shall be deemed to be undertaken as provided in paragraphs (a)(2) and (b)(2) of this section, as applicable.

  1. enforcement or criminal proceedings or the exercise of prosecutorial discretion in determining whether or not to institute such proceedings;
  2. (See City Planning Rules 62 RCNY § 5-02(d).) ministerial actions, which shall appear on a list compiled, certified and made available for public inspection by the lead agencies, except as provided in § 6-15(a), Type I, of this chapter, relating to critical areas and historic resources;
  3. maintenance or repair involving no substantial changes in existing structures or facilities;
  4. actions subject to the provisions requiring a certificate of environmental compatibility and public need in Article 7 and 8 of the Public Service Law;
  5. actions which are immediately necessary on a limited emergency basis for the protection or preservation of life, health, property or natural resources; and
  6. actions of the Legislature of the State of New York or of any court.

§ 6-05 Determination of Significant Effect – Applications.

(a) (Inapplicable, City Planning Rules 62 RCNY § 5-02(a). Superseded by City Planning Rules 62 RCNY § 5-05(a). See also City Planning Rules 62 RCNY § 5-02(b)(2) and 62 RCNY § 5-02(d).)
  1. (Introductory paragraph inapplicable, City Planning Rules 62 RCNY § 5-02(a). Paragraph (b) superseded by City Planning Rules 62 RCNY § 5-08.) The applicant initiating the proposed action, other than an exempt or Type II action pursuant to § 6-04 of this chapter, shall file an application with the lead agencies, which application shall include a Project Data Statement and such other documents and additional information as the lead agencies may require to conduct an environmental analysis to determine whether the action may or will not have a significant effect on the environment. Where possible existing City applications shall be modified to incorporate this procedure and a one-stop review process developed;

   (1) within 20 calendar days of receipt of a determination pursuant to § 6-03(b) of this chapter, if applicable, the lead agencies shall notify the applicant, in writing, whether the application is complete or whether additional information is required;

   (2) (Determination pursuant to 62 RCNY § 5-03(b) deemed to refer to lead agency selection pursuant to City Planning Rules 62 RCNY § 5-03. See City Planning Rules 62 RCNY § 5-02(b)(3).) when all required information has been received, the lead agencies shall notify the applicant, in writing, that the application is complete.

  1. Each application shall include an identification of those agencies, including federal or state agencies, which to the best knowledge of the applicant, have jurisdiction by law over the action or any portion thereof.
  2. Where appropriate, the application documents may include a concise statement or reasons why, in the judgment of the applicant, the proposed action is one which will not require the preparation of an EIS pursuant to this chapter.
  3. Initiating applicants shall consider the environmental impacts of proposed actions and alternatives at the earliest possible point in their planning processes, and shall develop wherever possible, measures to mitigate or avoid adverse environmental impacts. A statement discussing such considerations, alternatives and mitigating measures shall be included in the application documents.
  4. Nothing in this section shall be deemed to prohibit an applicant from submitting a preliminary application in the early stages of a project or activity for review and comment by the lead agencies.

§ 6-06 Determination of Significant Effect – Criteria.

(a) An action may have a significant effect on the environment if it can reasonably be expected to lead to one of the following consequences:

   (1) a substantial adverse change to ambient air or water quality or noise levels or in solid waste production, drainage, erosion or flooding;

   (2) the removal or destruction of large quantities of vegetation or fauna, the substantial interference with the movement of any resident or migratory fish or wildlife species, impacts on critical habitat areas, or the substantial affecting of a rare or endangered species of animal or plant or the habitat of such a species;

   (3) the encouraging or attracting of a large number of people to a place or places for more than a few days relative to the number of people who would come to such a place absent the action;

   (4) the creation of a material conflict with a community’s existing plans or goals as officially approved or adopted;

   (5) the impairment of the character or quality of important historical, archeological, architectural or aesthetic resources (including the demolition or alteration of a structure which is eligible for inclusion in an official inventory of such resources), or of existing community or neighborhood character;

   (6) a major change in the use of either the quantity or type of energy;

   (7) the creation of a hazard to human health or safety;

   (8) a substantial change in the use or intensity of use of land or other natural resources or in their capacity to support existing uses, except where such a change has been included, referred to, or implicit in a broad “programmatic” EIS prepared pursuant to § 6-13 of this chapter.

   (9) the creation of a material demand for other actions which would result in one of the above consequences;

   (10) changes in two or more elements of the environment, no one of which is substantial, but taken together result in a material change to the environment.

  1. (Reference to § 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).) For the purpose of determining whether an action will cause one of the foregoing consequences, the action shall be deemed to include other contemporaneous or subsequent actions which are included in any long-range comprehensive integrated plan of which the action under consideration is a part, which are likely to be undertaken as a result thereof, or which are dependent thereon. The significance of a likely consequence (i.e. where it is material, substantial, large, important, etc.) should be assessed in connection with its setting, its probability of occurring, its duration, its irreversibility, its controllability, its geographic scope and its magnitude (i.e. degree of change or its absolute size). § 6-15 of this chapter refers to lists of actions which are likely to have a significant effect on the environment and contains lists of actions found not to have a significant effect on the environment.

§ 6-07 Determination of Significant Effect – Notification.

(a) (Error. Reference to § 6-05(a) should be to § 6-05(b).) The lead agencies shall determine within 15 calendar days following notification of completion of the application pursuant to § 6-05(a) of this chapter whether the proposed action may have a significant effect on the environment;

   (1) (Reference to § 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 § 6-06 and consider the lists of actions contained in § 6-15 of this chapter;

   (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).

  1. 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 § 6-15, Type II list, deemed to be State Type II list of 6 NYCRR Part 617.13 See 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 §§ 6-04 and 6-15 of this chapter, 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 § 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 §§ 6-04 and 6-15 of this chapter, 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 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 § 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 §§ 6-04 and 6-15 of this chapter, 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 §§ 6-08 and 6-12 of this chapter.

  1. (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 and transmit 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.

§ 6-08 Draft Environmental Impact Statements – Responsibility for Preparation.

(a) Non-agency applicants.

   (1) (Rules add formal scoping, City Planning Rules 62 RCNY § 5-07. Interested and involved agencies assist with DEIS on request. See City Planning Rules 62 RCNY § 5-05(b)(2).) After receipt of a Notice of Determination pursuant to § 6-07(c)(3) of this chapter, a non-agency applicant shall notify the lead agencies in writing as to whether it will exercise its option to prepare or cause to be prepared a draft EIS, and as to whom it has designated to prepare the draft EIS, provided that no person so designated shall have an investment or employment interest in the ultimate realization of the proposed action;

   (2) (See also City Planning Rules 62 RCNY § 5-05(b)(3) for requirements of lead consultation on mitigations.) the lead agencies may prepare or cause to be prepared a draft EIS for an action involving a non-agency applicant. In such event, the applicant shall provide, upon request, an environmental report to assist the lead agencies in preparing or causing to be prepared the draft EIS and such other information as may be necessary. All agencies shall fully cooperate with the lead agencies in all matters relating to the preparation of the draft EIS.

   (3) if the non-agency applicant does not exercise its option to prepare or cause to be prepared a draft EIS, and the lead agencies do not prepare or cause to be prepared such draft EIS, then the proposed action and review thereof shall terminate.

  1. Agency applicants.

   (1) When an action which may have a significant effect on the environment is initiated by an agency, the initiating agency shall be directly responsible for the preparation of a draft EIS. However, preparation of the draft EIS may be coordinated through the lead agencies.

   (2) (See City Planning Rules 62 RCNY § 5-05(b)(3) for requirements of lead consultation on mitigations.) All agencies, whether or not they may be involved in the proposed action, shall fully cooperate with the lead agencies and the applicant agency in all matters relating to the coordination of the preparation of the draft EIS.

  1. Notwithstanding the provisions contained in subdivisions (a) and (b) of this section, when a draft EIS is prepared, the lead agencies shall make their own independent judgment of the scope, contents and adequacy of such draft EIS.

§ 6-09 Environmental Impact Statements – Content.

(a) (Lead to be guided by technical standards and methodologies developed by Office of Environ. Coord., City Planning Rules 62 RCNY § 5-04(c).) Environmental impact statements should be clearly written in a brief and concise manner capable of being read and understood by the public. Within the framework presented in subdivision (d) of this section, such statements should deal only with the specific significant environmental impacts which can be reasonably anticipated. They should not contain more detail than is appropriate considering the nature and magnitude of the proposed action and the significance of its potential impacts.
  1. All draft and final EIS’s shall include a cover page stating:

   (1) whether it is a draft or a final;

   (2) the name or other descriptive title of the action;

   (3) the location of the action;

   (4) the name and address of the lead agencies and the name and telephone number of a person at the lead agencies to be contacted for further information;

   (5) identification of individuals or organizations which prepared any portion of the statement; and

   (6) the date of its completion.

  1. If a draft or final EIS exceeds ten pages in length, it shall have a table of contents following the cover page.
  2. The body of all draft and final EIS’s shall contain at least the following:

   (1) a description of the proposed action and its environmental setting;

   (2) a statement of the environmental impacts of the proposed action, including its short-term and long-term effects, and typically associated environmental effects;

   (3) an identification of any adverse environmental effects which cannot be avoided if the proposed action is implemented;

   (4) a discussion of the social and economic impacts of the proposed action;

   (5) a discussion of alternatives to the proposed action and the comparable impacts and effects of such alternatives;

   (6) an identification of any irreversible and irretrievable commitments of resources which would be involved in the proposed action should it be implemented;

   (7) a description of mitigation measures proposed to minimize adverse environmental impacts;

   (8) a description of any growth-inducing aspects of the proposed action, where applicable and significant;

   (9) a discussion of the effects of the proposed action on the use and conservation of energy, where applicable and significant;

   (10) a list of underlying studies, reports or other information obtained and considered in preparing the statement; and

   (11) (for the final EIS only) copies or a summary of the substantive comments received in response to the draft EIS and the applicant’s response to such comments.

  1. An EIS may incorporate by reference all or portions of other documents which contain information relevant to the statement. The referenced documents shall be made available to the public in the same places where copies of the statement are made available. When a statement uses incorporation by reference, the referenced document shall be briefly described and its date of preparation provided.

§ 6-10 Draft Environmental Impact Statements – Procedures.

(a) Notice of Completion. Upon the satisfactory completion of a draft EIS, the lead agencies shall immediately prepare, file and make available for public inspection a Notice of Completion as provided in paragraphs (1), (2) and (3) of this subdivision. Where a proposed action is simultaneously subject to the Uniform Land Use Review Procedure ("ULURP"), the City Planning Commission shall not certify an application pursuant to ULURP until a Notice of Completion has been filed as provided in paragraph (3) of this subdivision.

   (1) Contents of Notice of Completion. All Notices of Completion shall contain the following:

      (i) an action identifying number;

      (ii) a brief description of the action;

      (iii) the location of the action and its potential impacts and effects; and

      (iv) a statement that comments on the draft EIS are requested and will be received and considered by the lead agencies at their offices. The Notice shall specify the public review and comment period on the draft EIS, which shall be for not less than 30 calendar days from the date of filing and circulation of the notice, or not less than 10 calendar days following the close of a public hearing on the draft EIS, whichever last occurs.

   (2) Transmission, Notice of Completion. All Notices of Completion shall be transmitted to the following:

      (i) all other agencies, including federal and state agencies, involved in the proposed action;

      (ii) all persons who have requested it;

      (iii) the editor of the State Bulletin;

      (iv) the State clearinghouse;

      (v) the appropriate regional clearinghouse designated under the Federal Office of Management and Budget Circular A-95.

   (3) Filing Notice of Completion. All Notices of Completion shall be filed with and made available for public inspection by the following:

      (i) the Commissioner of DEC;

      (ii) the regional director of DEC;

      (iii) the agency applicant, where applicable;

      (iv) the appropriate Community Planning Board(s);

      (v) the City Clerk;

      (vi) the lead agencies.

  1. Filing and availability of draft EIS.(City clerk function transferred to OEC, City Planning Rules 62 RCNY § 5-02(b)(4).) All draft EIS’s shall be filed with and made available for public inspection by the same persons and agencies with whom Notices of Completion must be filed pursuant to paragraph (a)(3) of this section.
  2. Public hearings on draft EIS.

   (1) Upon completion of a draft EIS, the lead agencies shall conduct a public hearing on the draft EIS.

   (2) The hearing shall commence no less than 15 calendar days or more than 60 calendar days after the filing of a draft EIS pursuant to subdivision (b) of this section, except where a different hearing date is required as appropriate under another law or regulation.

   (3) Notice of the public hearing may be contained in the Notice of Completion or, if not so contained, shall be given in the same manner in which the Notice of Completion is transmitted and filed pursuant to subdivision (a) of this section. In either case, the notice of hearing shall also be published at least 10 calendar days in advance of the public hearing in a newspaper of general circulation in the area of the potential impact and effect of the proposed action.

   (4) Where a proposed action is simultaneously subject to ULURP, a public hearing conducted by the appropriate community or borough board and/or the City Planning Commission pursuant to ULURP shall satisfy the hearing requirement of this section. Where more than one hearing is conducted by the aforementioned bodies, whichever hearing last occurs shall be deemed the hearing for purposes of this chapter.

§ 6-11 Final Environmental Impact Statements – Procedures.

(a)    (Interested and involved agencies assist with FEIS on request, City Planning Rules 62 RCNY § 5-05(b)(2).) Except as provided in paragraph (1) of this subdivision, the lead agencies shall prepare or cause to be prepared a final EIS within 30 calendar days after the close of a public hearing.

   (1) If the proposed action has been withdrawn or if, on the basis of the draft EIS and the hearing, the lead agencies have determined that the action will not have a significant effect on the environment, no final EIS shall be prepared. In such cases, the lead agencies shall prepare, file and transmit a Negative Declaration as prescribed in § 6-07 of this chapter.

   (2) The final EIS shall reflect a revision and updating of the matters contained in the draft EIS in light of further review by the lead agencies, comments received and the record of the public hearing.

  1. Immediately upon the completion of a final EIS, the lead agencies shall prepare, file, transmit and make available for public inspection a Notice of Completion of a final EIS in a manner specified in § 6-11(a) of this chapter, provided, however, that the Notice shall not contain the statement described in subparagraph (a)(1)(iv) of such section.
  2. Immediately upon completion of a final EIS, it shall be filed and made available for public inspection in the same manner as the draft EIS pursuant to § 6-11(b) of this chapter.

§ 6-12 Agency Decision Making.

(a) No final decision to carry out or approve an action which may have a significant effect on the environment shall be made until after the filing and consideration of a final EIS.

   (1) (Inapplicable, City Planning Rules, 62 RCNY § 5-02(a).)

   (2) (Inapplicable, City Planning Rules, 62 RCNY § 5-02(a).)

  1. When an agency decides to carry out or approve an action which may have a significant effect on the environment, it shall make the following findings in a written decision:

   (1) consistent with social, economic and other essential considerations of state and city policy, from among the reasonable alternatives thereto, the action to be carried out or approved is one which minimizes or avoids adverse environmental effects to the maximum extent possible, including the effects disclosed in the relevant environmental impact statement;

   (2) consistent with social, economic and other essential considerations of state and city policy, all practicable means will be taken in carrying out or approving the action to minimize or avoid adverse environmental effects.

  1. For public information purposes, the Decision shall be filed in the same manner as the draft EIS pursuant to § 6-11(b) of this chapter.

§ 6-13 Programmatic Environmental Impact Statements.

(a) Whenever possible, agencies shall identify programs or categories of actions, particularly projects or plans which are wide in scope or implemented over a long time frame, which would most appropriately serve as the subject of a single EIS. Broad program statements, master or area wide statements, or statements for comprehensive plans are often appropriate to assess the environmental effects of the following:

   (1) a number of separate actions in a given geographic area;

   (2) a chain of contemplated actions;

   (3) separate actions having generic or common impacts;

   (4) programs or plans having wide application or restricting the range of future alternative policies or projects.

  1. No further EIS’s need be prepared for actions which are included in a programmatic EIS prepared pursuant to subdivision (a) of this section. However:

   (1) a programmatic EIS shall be amended or supplemented to reflect impacts which are not addressed or adequately analyzed in the EIS as originally prepared; and

   (2) actions which significantly modify a plan or program which has been the subject of an EIS shall require a supplementary EIS;

   (3) programmatic EIS’s requiring amendment and actions requiring supplementary EIS’s pursuant to this section shall be processed in full compliance with the requirements of this chapter.

§ 6-14 Rules and Regulations.

(Inapplicable, City Planning Rules 62 RCNY § 5-02(a).)

§ 6-15 Lists of Actions.

(a) Type I.(See City Planning Rules 62 RCNY § 5-02(d).) Type I actions enumerated in § 617.12 of 6 NYCRR 617 are likely to, but will not necessarily, require the preparation of an EIS because they will in almost every instance significantly affect the environment. However, ministerial actions never require the preparation of an EIS except where such actions may directly affect a critical area or an historic resource enumerated in paragraphs (22) and (23), respectively, of subdivision (a) of § 617.12. In addition, for the purpose of defining paragraph (2) of said subdivision and section, the following thresholds shall apply:

   (1) relating to public institutions:

      (i) new correction or detention centers with an inmate capacity of at least 200 inmates;

      (ii) new sanitation facilities, including:

         (A) incinerators of at least 250 tons per day capacity;

         (B) garages with a capacity of more than 50 vehicles;

         (C) marine transfer stations;

      (iii) new hospital or health related facilities containing at least 100,000 sq. ft. of floor area;

      (iv) new schools with seating capacity of at least 1,500 seats;

      (v) any new community or public facility not otherwise specified herein, containing at least 100,000 sq. ft. of floor area, or the expansion of an existing facility by more than 50 percent of size or capacity, where the total size of an expanded facility exceeds 100,000 sq. ft. of floor area.

   (2) relating to major office centers: any new office structure which has a minimum of 200,000 sq. ft. of floor area and exceeds permitted floor area under existing zoning by more than 20 percent, or the expansion of an existing facility by more than 50 percent of floor area, where the total size of an expanded facility exceeds 240,000 sq. ft. of floor area.

  1. Type II.

   (1) (See City Planning Rules 62 RCNY § 5-02(d).) Type II actions will never require the preparation of an EIS because they are determined not to have a significant effect on the environment, except where such actions may directly affect a critical area or an historic resource enumerated in paragraphs (22) and (23), respectively, of subdivision (a) of § 617.12 of 6 NYCRR 617.

   (2) (Inapplicable. Replaced by State Type II list 6 NYCRR Part 617.13. See City Planning Rules 62 RCNY § 5-02(a) and 62 RCNY § 5-02(b)(2).)

Chapter 6: Rules For the Processing of Plans Pursuant To Charter Section 197-a

§ 6-01 Purpose and Authority.

(a) Authority. These rules of procedure and minimum standards are established for the review of plans for the development, growth and improvement of the city, its boroughs and communities. Such plans may be sponsored by the Mayor, the City Planning Commission (the "Commission"), the Department of City Planning (the "Department"), and any Borough President, borough board or community board, (which agencies shall be referred to as the "sponsor" herein) pursuant to § 197-a(b) of the New York City Charter.
  1. Policy Guidance. An adopted plan shall serve as a policy to guide subsequent actions by city agencies. The Commission shall consider pertinent such consideration as is consistent with the City Charter and general law. Agencies are urged to consider adopted 197-a plans as guidance for pertinent actions, whether or not such actions are subject to Commission review. The existence of an adopted 197-a plan shall not preclude the sponsor or any other city agency from developing other plans or taking actions not contemplated by the 197-a plan that may affect the same geographic area or subject matter.

§ 6-02 Plan Submission.

(a) Notification of Intent. To assist the Department in anticipating the need for technical assistance for the preparation of plans in the efficient scheduling of their review, the sponsor of a plan shall notify the Department of its intent to prepare and submit a plan. This notice shall be given not less than ninety (90) days prior to the submission of a proposed plan. Periodically, the Department shall report to the Commission on the notices received and on the progress of 197-a plans underway.
  1. Submission. All proposed plans shall be submitted to the Department of City Planning through its website or at 120 Broadway, 31st Floor, New York, NY 10271. If a plan has been initiated by a community board, borough board or Borough President, this initial submission shall include a summary record of the public hearing held by the board or Borough President. The submission shall also include the name(s) and address(es) of the person(s) designated by the sponsor to be its representative(s) in any discussions of the plan.

§ 6-03 Threshold Review and Determination.

(a) Department Review. Each proposed plan shall be reviewed by the Department staff who shall report to the Commission not later than 90 days after the plan's submission as to whether the plan appears to meet the standards for form and content and for consistency with sound planning, as set forth in 62 RCNY § 6-04. Prior to making the report, the staff shall inform the sponsor of all deficiencies with respect to form and content and any changes, additions or deletions which, in the opinion of the staff, may correct such deficiencies. The sponsor may, thereupon, indicate its willingness to make such changes, additions or deletions in which case the Department will defer its report to the Commission until the changes have been made. The sponsor may, instead, request that the plan be presented without change to the Commission for its threshold findings of form and content and sound planning policy. At the time of any Department report on a proposed plan, the Commission may receive a similar report from representatives of the sponsor.
  1. City Planning Commission Determination. Within 30 days after its presentation by the Department staff, the Commission shall determine, when required by the Charter and in accordance with the standards set forth in 63 RCNY § 6-04, whether the proposed plan is of appropriate form and sufficient content, and whether it is in accordance with sound planning policy. If the Commission has determined that a proposed plan does not meet the standards for form or content or for sound planning policy, it shall direct the plan back to the sponsor with a statement explaining its deficiencies. When the Commission has determined that a proposed plan is of appropriate form and content and is in accordance with sound planning policy, it shall direct the Department to undertake the necessary environmental review if the plan has been sponsored by a community board in accordance with 62 RCNY Chapter 5. If the plan has been sponsored by an agency other than a community board the Commission shall determine whether a Type II declaration, a negative declaration, or a notice of completion of a draft EIS has been issued, and if so, it shall direct the Department to distribute the plan in accordance with 62 RCMU § 6-06.
  2. Coordination of Plan Review. The Commission may determine that, despite its finding of appropriate form and content and sound planning policy, a proposed plan should not immediately proceed because there are other planning efforts, ULURP reviews or environmental studies underway which should be coordinated with the plan. In such a case, the Commission may direct the Department to work with the sponsor and any other interested agencies in developing an appropriate timetable and strategy for the plan, and to report back to the Commission.
  3. Progress Report. When 180 days has elapsed following a threshold determination pursuant to subdivision (b), if a proposed plan has not been distributed for review either because the environmental review remains incomplete, or because the plan has been delayed pursuant to subdivision (c), the sponsoring agency may make a written request to the Commission to expedite the plan’s distribution. The Commission shall direct the Department to report in writing within a fixed period of time the progress of the plan, including any outstanding aspects of the environmental review, or any continuing problems of coordination delaying its review. Upon receipt of the report, the Commission may direct the Department to complete the review within a reasonable period of time.

§ 6-04 Standards.

(a) Plan Form and Content. The form and content of all proposed plans shall be consistent with the following:

   (1) A plan may take the form of a comprehensive or master plan for a neighborhood, community district, borough or other broad geographic area of the city. Such a plan would combine elements related to housing, industrial and commercial uses, transportation, land use regulation, open space, recreation, community facilities and other infrastructure and service improvements which promote the orderly growth, improvement and future development of the community, borough or city.

   (2) A plan may take the form of a targeted plan which considers one or a small number of elements of neighborhood, community districts, borough or citywide problems or needs. Such a plan shall have as its focus issues that are related to the use, development and improvement of land within the sponsor’s geographic jurisdiction and may give consideration to the provision of various city services necessary to support orderly growth, development and improvement of that area.

   (3) A plan shall not be limited to a single zoning lot or a specific parcel in private ownership. A plan shall cover an identifiable, cohesive geographic area or neighborhood.

   (4) Plans shall be presented in clear language and coherent form with elements, chapters or sections that are organized in logical sequence.

   (5) Plans shall state their goals, objectives or purposes clearly and succinctly. Policy statements or recommendations shall contain documentation and explanation of the data, analysis or rationale underlying each. Plans shall demonstrate a serious attempt to analyze and propose policies that address the problems they identify.

   (6) A plan shall contain, as appropriate, inventories or description and analysis of existing conditions, problems or needs; projections of future conditions, problems or needs; and recommended goals and strategies to address those conditions, problems or needs. The level of detail and analysis shall be appropriate to the goals and recommendations presented in the plan. The information and analysis relied upon to support its recommendations shall be sufficiently identified so that when the plan is later under review, the accuracy and validity of the information and analysis may be understood. Supporting information may be contained in the form of narrative, maps, charts, tables, technical appendices or the like.

   (7) Plans shall be accompanied by documentation of the public participation in their formulation and preparation, such as workshops, hearings or technical advisory committees.

  1. Sound Planning Policy.

   (1) All plans, no matter what their form and content, shall include discussion of their long-range consequences, their impact on economic and housing opportunity for all persons (particularly those of low and moderate income), their provision of future growth and development opportunities, their ability to improve the physical environment and their effect on the fair geographic distribution of city facilities. In determining whether a proposed plan contains sufficient discussion of these issues, the Commission shall not evaluate the merits of the plan.

   (2) A plan shall set forth goals, objectives, purposes, policies or recommendations that are within the legal authority of the city to undertake.

   (3) A plan which considers issues which are under the jurisdiction of specific city or state agencies shall contain evidence that such agencies have been consulted and shall disclose any comments of such agencies.

   (4) A plan shall show consideration of its relationship to applicable policy documents including the Ten Year Capital Strategy, the Zoning and Planning report, the borough and mayoral Strategic Policy Statements and any 197-a plan of a neighboring or superior jurisdiction.

§ 6-05 Environmental Review.

(a) Lead Agency. The City Planning Commission shall be the lead agency for all 197-a plans in accordance with the City Environmental Quality Review Regulations. For a plan sponsored by the mayor, the Commission may transfer the lead status to another city agency if it determines that the proposed plan is part of a broader set of actions for which the sponsoring agency is principally responsible.
  1. Community Board Plans The Department of City Planning, together with the Office of Environmental Coordination, shall conduct or cause to be conducted the required environmental review of any plan submitted by a community board.
  2. Other Agency Plans. The Department, on behalf of the Commission as lead agency, shall determine in consultation with any sponsor of a proposed plan which is not a community board, the appropriate scheduling and division of responsibilities for environmental review.

§ 6-06 Plan Distribution and Review.

(a) Plan Distribution. When pursuant to 62 RCNY § 6-03(b), the Commission directs the Department to distribute a proposed plan, the Department shall transmit the plan simultaneously to all affected community boards, Borough Presidents and borough boards, as defined in Charter §§ 196 and 197-a(c). The Commission may also direct its distribution to other agencies whose interests may be affected including neighboring community boards and Borough Presidents, and any city and state agency with jurisdiction over elements of the plan.
  1. Community Board Review. Each community board which has received from the Department of City Planning a proposed plan affecting land in its district shall conduct a public hearing on the plan except when a single borough-wide hearing is to be held on a borough plan. Notice of the public hearing shall be given and the hearing conducted in accordance with the ULURP rules for community board public hearings. Subsequent to the public hearing and within a period of sixty (60) days following its receipt of the plan, the community board shall transmit its written recommendation to the City Planning Commission with copies to the Borough President, City Council and the sponsor. The Community board which is the sponsor of a plan and which held a hearing on it prior to filing with the Department, need not hold a second hearing.
  2. Borough president review. The Borough President shall have one hundred twenty (120) days following the receipt of a proposed plan in which to review the plan and submit written recommendation to the City Planning Commission with copies to the City Council and sponsor. The Borough President may choose to conduct a public hearing on the plan.
  3. Borough board review. Each borough board which has received from the Department of City Planning a proposed plan affecting land in two or more community districts in its borough shall conduct a public hearing on the plan. Such public hearing shall take place and the report of the borough board shall be transmitted within one hundred twenty (120) days following its receipt of the plan. In the case of a plan affecting the entire borough, a single borough-wide public hearing may be held in lieu of separate hearings by the community boards. Notice of the public hearing shall be given and the hearing conducted in accordance with the ULURP rules governing borough board hearings. The borough board shall transmit its written recommendation to the City Planning Commission with copies to the City Council and the sponsor.
  4. Request for review. Any community board or borough board may make a written request to the Department to receive and review a proposed plan which does not involve land within its district or borough. In its request the Community board or borough board shall state the reason why the plan significantly affects the welfare of its district or borough. Upon receipt of the plan, the community board or borough board may conduct a public hearing and may make any recommendation to the City Planning Commission with copies to the City Council and sponsor. When it transmits such a plan, the Department shall notify the community board or borough board of the remaining time period during which it may review and comment on the plan.
  5. Other requests. A borough president may make a written request to the Department to receive and review a proposed plan for a district or area outside the borough. Any other interested party may similarly request a copy. Such request may be made to either the Department or the sponsor.

§ 6-07 City Planning Commission Review.

(a) Schedule for Review. When the affected community board(s), Borough President(s) and/or borough boards shall have completed their review of any proposed plan involving land in their respective districts, the City Planning Commission shall commence its review and schedule a public hearing. Such hearing shall take place within a period of sixty (60) days following receipt of the last affected community board's, borough board's or Borough President's recommendation, or the final day of the time period provided for their respective review(s), whichever is earlier.
  1. Public hearing. Notice of the public hearing shall be given and the hearing conducted in accordance with the ULURP rules governing Commission hearings.
  2. Commission resolution. The Commission shall vote by resolution to approve, approve with modifications or disapprove the plan. Such vote shall be taken within 60 days following the public hearing; however, if the Commission finds that it is unable to vote within that time period it shall give a written statement of explanation to the sponsor. In its review of the substance of the plan, the Commission shall give consideration to the community, borough and citywide impacts and to the long-term efforts that could result from the actions or policies recommended by the plan. It shall consider the impact of the plan on economic and housing opportunity, on future growth and development, and on the physical environment. Such consideration shall include the consistency of the plan with other Charter-defined plans and reports such as the mayoral and borough Strategic Policy Statements, the Ten-Year Capital Strategy, the Report on Social Indicators, the Zoning and Planning Report, and any other pertinent adopted 197-a plans. It shall also consider the fair share criteria adopted pursuant to § 203 of the City Charter in weighing any recommendation with respect to proposed city facilities.
  3. Commission Report. The Commission shall accompany its resolution with a report which sets forth its considerations and any explanation for its determination. The report may identify any environmental issues which may arise in conjunction with any actions recommended by the Plan, it may set forth proposals for additional study and consideration that the Commission deems necessary to carry out any recommendations made by the plan and it may include recommendations for the implementation of plan elements. The report and resolution shall be transmitted to the Mayor, the affected community board(s) and Borough President(s), the City Council and the sponsor.

§ 6-08 Modifications.

(a) If the City Council, acting pursuant to the City Charter § 197-d(d) has transmitted to the Commission a proposed modification of a plan, the Commission shall, within fifteen (15) days, review the proposed modification and transmit back to the Council its findings and recommendations. In determining whether the modification must be subject to additional environmental review, the Commission may consult appropriate staff or the Office of Environmental Coordination, and it must consult the lead agency if the lead has not been the Commission itself. In determining whether the modification requires a new process of community, borough and Commission review, the Commission shall consider whether the proposed modification:

   (1) would incorporate new elements* that were not a part of and are not related to the plan as it was previously reviewed.

   (2) would delete entire elements or remove from the plan consideration of significant long-range consequences, impacts on economic and housing opportunity for all persons, provision of future opportunities for growth and development, ability to improve the physical environment, or effects on the fair geographic distribution of city facilities.

§ 6-09 Filing, Review and Revision.

(a) Filing. Upon final adoption of a plan by the City Council, the plan shall be filed and indexed by the Calendar Officer of the Department. The Department shall make the plan available for review by the public and shall transmit the plan to all affected agencies for their use.
  1. Revision of Plans. A plan may be periodically reviewed and revised by its sponsor or the Commission may initiate such review. Any such revision may be presented for adoption as an amendment to the plan in accordance with the procedures set forth in these rules.
  2. Summary of Plans. In each Zoning and Planning Report adopted pursuant to Charter § 192(b), the Commission shall include a summary of all 197-a plans adopted during the preceding four years.

Chapter 7: Rules For the Definition of Major Concessions

§ 7-01 [Concession Subject to ULURP and Council Review.]

A concession shall be considered a major concession and therefore subject to §§ 197-c and 197-d of the Charter only if:

  1. it has been determined pursuant to City Environmental Quality Review to require an Environmental Impact Statement, or
  2. except as provided in 62 RCNY § 7-03, the concession will cause one or more of the thresholds set forth in 62 RCNY § 7-02 to be exceeded.

§ 7-02 [Major Concession Defined; Specific Uses, Thresholds e.g. Marinas, Spectator Sport Use, Parks.]

A concession shall be considered a major concession if it will cause one or more of the thresholds given for the specific uses listed below to be exceeded:

  1. marinas with over 200 slips;
  2. a permanent performance or spectator sport use with over 2,500 seats;
  3. for parklands in or adjacent to Community Districts subject to the comprehensive off-street parking regulations, contained in Article I, Chapter 3 of the Zoning Resolution of the City of New York, accessory parking lots with over 150 spaces and, for all other areas, accessory parking lots with over 250 parking spaces on parklands;
  4. a use for which a new building of over 20,000 square feet of gross floor area will be constructed when such building will be located on property other than parkland;
  5. a use for which a new building of more than 15,000 square feet of gross floor area will be constructed when such building will be located on parkland;
  6. an open use which occupies more than 42,000 square feet of open space other than parkland;
  7. an open use which occupies over 30,000 square feet of a separate parcel of parkland;
  8. a use which in total occupies more than 2,500 square feet of floor area or open space and more than 15 percent of the total square footage of a separate parcel of land that is improved for park purposes, including passive and active recreational use, or that was improved for such purposes at any time during the preceding year; or
  9. a concession comprised of two or more components, no one of which exceeds thresholds set forth in paragraphs (a) through (h) above, where at least two of such elements each exceed 85 percent of any applicable threshold set forth in such paragraphs.

§ 7-03 [Concessions That are not Major Concessions.]

Notwithstanding any other provision of these rules the following shall not be considered major concessions unless an EIS is required:

  1. A concession for any use which will be operated for 30 days or less;
  2. A concession which is or directly furthers an active recreational use and would be available to the general public on a non-discriminatory basis, with or without a fee, including but not limited to the following:

   (1) a seasonal covering of recreational facilities,

   (2) a carousel, or

   (3) a use intended for active participation sports including playing fields or sports courts (e.g., tennis, volleyball, handball, softball), skating rinks, playgrounds, and practice facilities (e.g., batting cages, golf driving ranges, miniature golf); provided that the area occupied by such recreational use does not exceed both 15 acres and 50 percent of a separate parcel of land;

  1. Reuse of former amusement park lands for amusement or recreational purposes;
  2. Any renewal, reissuance, extension, amendment of an existing concession or issuance of a new concession which continues a currently existing use or which permits a use which existed lawfully on the property at any point in the preceding two years, whether operated by a private or public entity, provided that any extension or amendment or the cumulative effect of any amendments or extensions made over any five year period does not include modifications which when added to the existing concession, cause any threshold of 62 RCNY § 7-02 to be exceeded and increase the size of an existing concession by ten percent or more;
  3. A concession for which authorization to use a different procedure was granted or obtained, or which is operated under an agreement executed, prior to the effective date of this major concession rule;
  4. A concession for lines, cables, conduits or underground pipes not used for the transport of people;
  5. A concession on wharf property or waterfront property primarily for purposes of “waterfront commerce” or in “furtherance of navigation” as such terms are defined in the New York City Charter;
  6. A concession on wharf property for purposes other than “waterfront commerce” or in “furtherance of navigation” which is granted pursuant to § 1301.2(h) of the City Charter; or
  7. A concession for an open air market which operates two (2) or fewer days per week, or, if a green market, three (3) or fewer days per week.

Chapter 8: Rules For the Processing of Applications For Permitted Parking Pursuant To Section 93-82 of the Zoning Resolution

§ 8-01 Purpose.

These rules of procedure are established for the review of applications for certification to allow permitted parking pursuant to § 93-82 of the Zoning Resolution (ZR).

§ 8-02 Pre-Filing Process.

(a) Pre-Filing Review.

   (i) The applicant shall submit for review a draft application which shall include zoning calculations for the site from which the number of permitted spaces for the site may be ascertained. Such draft applications shall be submitted to the Department of City Planning, Director of the Department’s Manhattan Office (hereinafter, “Director”). Upon receipt, the Director shall record the date and time of receipt. All applications shall be reviewed for completeness in order of receipt

   (ii) The Department, acting by and through the Director, shall review each application for accuracy and completeness in order of receipt. The Director shall notify the applicant whether or not the application is complete and may be filed in accordance with the provisions of 62 RCNY § 8-03, or whether the application is inaccurate or incomplete and requires revision. Such notification may be transmitted to the applicant’s representative, together with a specification of the portions of the application which are inaccurate or incomplete and require revision, if applicable.

   (iii) The Director shall record the date and time of receipt of any revised draft application submitted in response to a notification provided under subparagraph (ii). A revised draft application shall be reviewed for completeness in order of receipt and the applicant’s representative shall be notified of the Director’s determination, pursuant to the procedure set forth subparagraph (ii) of this Section.

§ 8-03 Filing of Applications.

(a) Filing. Following notification pursuant to 62 RCNY § 8-02(a)(ii) that a draft application is complete, the applicant shall file the application pursuant to 62 RCNY § 10-09 with the Department of City Planning. Applications which have not been reviewed and determined to be complete pursuant to 62 RCNY § 8-02 shall not be accepted for filing. The Department may not consider the application as filed unless it includes all required components and shall not consider the application as filed unless the required fee has been paid concurrently with the submission of the application. Applications accepted for filing in accordance herewith shall be stamped by the Department with the date and time of filing.

§ 8-04 Certification for Permitted Parking Spaces.

(a) Filing Date. Review of applications for certification for permitted parking spaces shall be made, in accordance with the provisions of ZR § 93-82, in the order of application filing date and time, except as provided in paragraph (b) hereof. If, pursuant to ZR § 93-82, fewer permitted parking spaces are available than the number of spaces requested in an application, the Chairperson shall only grant a certification for the number of spaces as are available at the time, and shall issue subsequent certifications for such application at such time as additional spaces become available in accordance with ZR § 93-82. Except as provided in paragraph (b) below, certification of parking spaces shall not be made with respect to an application with a later filing date and time until the entire number of parking spaces requested in an application with an earlier filing date and time has been certified.
  1. Applicant Reduces Existing Spaces On Site. Notwithstanding the provisions of paragraph (a), if an applicant intends to eliminate existing parking spaces at the site that is the subject of the application, a certification for permitted parking spaces may be granted to the extent that elimination of existing parking spaces allows such determination to be made pursuant to ZR § 93-821 (e)(1) and (2), provided: (i) that such existing parking spaces shall be eliminated prior to issuance of the certification. The elimination of such existing parking spaces shall be evidenced by: (aa) an acknowledgement from the New York City Department of Consumer Affairs that license(s) issued by such agency for the operation of public parking at the site have been surrendered or, if such license(s) are pending renewal at the time, that the licensee has stated to the New York City Department of Consumer Affairs in writing that the license(s) will not be renewed; or (bb) if the licensee is no longer in control of the premises, in the form of an affidavit from the owner or applicant attesting to the fact that the licensee is not in control of the premises and is not authorized to operate at the premises; and (ii) a restrictive declaration executed by all parties-in-interest, as such term is defined in ZR § 12-10, providing that any resumption of use of the eliminated spaces prior to or during construction shall be prohibited, has been recorded in the office of the City Register. If the number of parking spaces requested in the application exceeds the number of permitted spaces available by reason of the elimination of existing spaces, any subsequent certifications with respect to additional spaces shall be made in accordance with the provisions of paragraph (a) above.

Chapter 9: Rules For the Processing of Applications For Certification To Allow A Limited Increase In Street Wall Width Pursuant To § 132-51 of the Zoning Resolution

§ 9-01 Purpose.

These rules of procedure are established for the review of applications for Certification to Allow a Limited Increase in Street Wall Width pursuant to § 132-51 of the Zoning Resolution (ZR).

§ 9-02 Pre-Filing Process.

(a) The applicant must submit for review a draft application which must include material required by the Department of City Planning ("the Department") demonstrating the information and items set forth in ZR § 132-51. Draft applications must be submitted to the specific division of the Department that is designated on the application form for receipt of an application filed pursuant to ZR § 132-51, by submission to the division so named on the application form at the New York City Department of City Planning. Upon receipt, the Department will record the date and time of receipt.
  1. The Department will review each draft application for accuracy and completeness in order of receipt. The Department will notify the applicant in order of receipt whether the draft application is complete and may be filed in accordance with the provisions of 62 RCNY § 9-03, or whether the draft application is incomplete and requires revision. Such notification will be provided via the delivery method identified by the applicant on the application form, and will include a specification of the portions of the application that are incorrect or incomplete and require revision, if applicable.
  2. The Department will record the date and time of receipt of any revised draft application submitted in response to a notification provided under subdivision (b) of this section. A revised draft application will be reviewed for completeness and the applicant will be notified of the Department’s further determination in order of receipt of the revised draft application. Such notification of the Department’s further determination will be provided pursuant to the procedure set forth in subdivision (b) of this section.

§ 9-03 Filing of Applications.

Filing. Following notification pursuant to 62 RCNY § 9-02(b) or (c) that a draft application is complete, the applicant must file the application pursuant to 62 RCNY § 10-09 with the Department of City Planning. Applications that have not been reviewed and determined to be complete pursuant to 62 RCNY § 9-02 will not be accepted for filing. The Department may not consider the application as filed unless it includes all required components and shall not consider the application as filed unless the required fee has been paid concurrently with the submission of the application. Applications accepted for filing in accordance with these rules will be stamped by the Department with the date and time of filing.

§ 9-04 Review and Certification of Applications.

For applications for establishments within the same set of applicable geographic boundaries as set forth in ZR § 132-51(c), review and certification of applications will be made in the order of application filing date and time. As set forth in ZR § 132-51(c), the set of applicable geographic boundaries means the same block frontage containing the applicant’s establishment, the block frontage directly across the street from the block containing such establishment, and the blocks fronting on the commercial street immediately adjacent to the north and south of the block containing the applicant’s establishment.

§ 9-05 Lapse of Certification.

(a) Effect of Lapse. If a certification granted pursuant to ZR § 132-51 lapses in accordance with the provisions set forth in the final paragraph of that section, or if an authorization granted pursuant to ZR § 132-52 lapses in accordance with the provisions set forth in ZR § 11-42, the effect of such lapse is that the underlying application for such certification or authorization will not be considered an "approved application" for purposes of ZR § 132-51(c)(2).
  1. Substantial Construction. For purposes of ZR § 132-51, the term “substantial construction” means that the entirety of the interior space associated with the extension pursuant to the certification has been combined, has been made a part of the operations of the enlarged establishment, and remains open to customers from any and all doorways located along the approved retail frontage, except that entrances serving portions of the establishment reserved for employees only do not need to be open to customers.

Chapter 10: Pre-application Process: Submission and Meeting Participation Requirements Prior To Filing A Land Use Application Or Application For Environmental Review

§ 10-01 Purpose.

These rules establish submission and meeting participation requirements (“Pre-Application Process”) prior to the filing of land use applications pursuant to the Zoning Resolution and §§ 197-a, 197-c, 197-d, 199, 200, and 201 of the New York City Charter or of applications for environmental review pursuant to 62 RCNY Chapter 5. The purpose of these rules is to:

  1. assist potential applicants or their designated representatives (“Applicants”) and the Department of City Planning (“Department”) in identifying the land use and environmental issues related to a proposed project and the land use applications and applications for environmental review necessary to facilitate the proposed project; and
  2. help the Department better allocate resources to assist Applicants in preparing land use applications and applications for environmental review, and to assist the City Planning Commission in considering these applications.

§ 10-02 Applicability.

(a) An Applicant must follow the applicable requirements of this chapter prior to filing any land use application or application for environmental review.
  1. Exception. Notwithstanding subdivision (a) of this section, an Applicant may be exempt from the requirements of this chapter to the extent provided under the following circumstances:

   (1) where an Applicant has submitted a Pre-Application Statement (“PAS”) to the Department prior to the effective date of these rules, the requirements of 62 RCNY § 10-03 shall not apply;

   (2) where an Applicant has submitted a PAS to the Department and attended an Interdivisional Meeting (“ID Meeting”) prior to the effective date of these rules, the requirements of 62 RCNY § 10-03 and 62 RCNY § 10-04 shall not apply;

   (3) where an Applicant has submitted a Reasonable Worst Case Development Scenario Memorandum (“RWCDS Memorandum”) and a draft land use application to the Department prior to the effective date of these rules, the requirements of 62 RCNY § 10-03, 62 RCNY § 10-04, and 62 RCNY § 10-05 shall not apply; and

   (4) where an Applicant has submitted a draft City Environmental Quality Review Environmental Assessment Statement short/full form (“draft CEQR short/full form”) and a draft land use application to the Department prior to the effective date of these rules, the requirements of 62 RCNY § 10-03, 62 RCNY § 10-04, 62 RCNY § 10-05, and 62 RCNY § 10-06 shall not apply.

§ 10-03 Informational Meeting.

(a) Before filing a land use application or application for environmental review, an Applicant must contact the Department Borough Office in the borough where a proposed project is to be located in order to schedule an Informational Meeting with the Department.
  1. Within forty-five (45) days of an Applicant contacting a Borough Office to schedule an Informational Meeting, the Department must hold an Informational Meeting subject to the Applicant’s availability. If the Applicant is not available within this period, the Department must hold the Informational Meeting as soon as practicable at a time at which both the Department and the Applicant are available.

   (1) An Informational Meeting may be held in person, by telephone, or by other electronic means, including video teleconference, as the Department deems appropriate.

   (2) An Applicant must submit to the Department before or at an Informational Meeting any materials identified by the Department before the meeting that are necessary to conduct the meeting. Such materials may include, but are not limited to, official zoning sectional maps, official tax maps, color aerial photos, land use maps, color site and area photographs, or site topographical surveys.

   (3) An Applicant must participate in an Informational Meeting and present to the Department basic information about the proposed project and surrounding area. The Department may share with the Applicant information about zoning, the neighborhood, City policies potentially affecting the proposed project, and the relevant land use and environmental application review and public review processes.

  1. At or after an Informational Meeting, an Applicant proceeding with filing a land use application or application for environmental review must request from the Department a Project ID number, which will be used by the Department to track proposed projects during the Pre-Application Process.
  2. Within thirty (30) days of an Applicant’s request for a Project ID number:

   (1) the Department must:

      (i) issue a Project ID number to the Applicant for the proposed project; or

      (ii) notify the Applicant that the Department requires additional information or an additional Informational Meeting in order to adequately understand the basic information about the proposed project and surrounding area. Where an additional Informational Meeting is required, the Department must hold such meeting within thirty (30) days of notifying the Applicant, subject to the Applicant’s availability. If the Applicant is not available within this period, the Department must hold the Informational Meeting as soon as practicable at a time at which both the Department and the Applicant are available. Within thirty (30) days of receiving such additional information or holding an additional Informational Meeting, the Department must issue the Project ID number to the Applicant for the proposed project, or request additional information or Informational Meetings in accordance with the procedures set forth in this paragraph until such time that the Department has received sufficient information to adequately understand the basic information about the proposed project and surrounding area and issues a Project ID number.

   (2) Upon issuing a Project ID number, the Department must also notify an Applicant that:

      (i) the Applicant is subject to the procedures set forth in 62 RCNY § 10-04; or

      (ii) the Applicant is not subject to the procedures set forth in 62 RCNY § 10-04, 62 RCNY § 10-05, 62 RCNY § 10-06, and 62 RCNY § 10-08, if the Department determines that the proposed project does not require more than one division to review the land use application material or coordination among the divisions to ensure that consistent and non-conflicting feedback is provided to Applicants, and that the project is classified as Type II pursuant to the regulations promulgated under the New York State Environmental Quality Review Act (“SEQR”). 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.

  1. If the Department fails to hold a meeting pursuant to subdivision (b) of this section or fails to notify an Applicant pursuant to subdivision (d) of this section, the Applicant may proceed to submit a Pre-Application Statement without a Project ID number pursuant to the provisions set forth in 62 RCNY § 10-04.

§ 10-04 Pre-Application Statement.

(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.
  1. 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.

  1. 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.

§ 10-05 Interdivisional Meeting.

(a) Within ninety (90) days of notifying an Applicant pursuant to 62 RCNY § 10-04(b)(3)(i) that the Department will hold an ID Meeting, the Department must hold such a meeting with the Applicant subject to the Applicant's availability. If the Applicant is not available within this period, the Department must hold the ID Meeting as soon as practicable at a time at which both the Department and the Applicant are available.

   (1) An ID Meeting may be held in person, by telephone, or by other electronic means, including video teleconference, as the Department deems appropriate.

   (2) An Applicant proceeding with filing a land use application or application for environmental review must participate in an ID Meeting and provide any information requested by the Department until such time that the Department has received sufficient information to determine the land use actions necessary to facilitate the proposed project and the type of environmental review that will be required.

  1. Within ninety (90) days after an ID meeting:

   (1) the Department must notify an Applicant that:

      (i) the Department has received sufficient information to determine the land use actions necessary to facilitate the proposed project and the type of environmental review that will be required; or

      (ii) the Department requires further information or an additional ID Meeting to determine the land use actions necessary to facilitate the proposed project and the type of environmental review that will be required. Where an additional ID Meeting is required, the Department must hold the meeting within thirty (30) days of notifying the Applicant, subject to the Applicant’s availability. If the Applicant is not available within this period, the Department must hold the additional ID Meeting as soon as practicable at a time at which both the Department and the Applicant are available. Within forty-five (45) days of receiving such additional information or holding an additional ID Meeting, the Department must notify the Applicant that it has received sufficient information to determine the land use actions necessary to facilitate the proposed project and the type of environmental review that will be required, or that additional information must be submitted or an additional ID Meeting must be held in accordance with the procedures set forth in this paragraph until such time that the Department may make such a determination.

   (2) Upon notifying an Applicant that the Department has received sufficient information to determine the land use actions necessary to facilitate the proposed project and the type of environmental review that will be required, the Department must also notify the Applicant that the project is:

      (i) classified as Type I or Unlisted, pursuant to SEQR, and subject to the procedures set forth in 62 RCNY § 10-06; or

      (ii) 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 subsection, 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.

  1. If the Department fails to hold an ID Meeting pursuant to subdivision (a) of this section or 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.

§ 10-06 Reasonable Worst Case Development Scenario.

(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.
  1. 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.

  1. 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.

§ 10-07 Draft Land Use Application.

(a) The Department may request a draft land use application where a high degree of technical expertise is necessary to produce the land use application materials for an Applicant's proposed project. Following notification to an Applicant pursuant to 62 RCNY § 10-03(d)(2)(ii), 62 RCNY § 10-04(b)(3)(ii)(B), 62 RCNY § 10-05(b)(2)(ii), or 62 RCNY § 10-06(b)(2), as applicable, that the Applicant is subject to the procedures set forth in 62 RCNY § 10-07, an Applicant proceeding with filing a land use application must submit a draft land use application to the Department for review. The Applicant must submit the draft land use application to the Department. Such application must include all required forms, documents, and exhibits as required by instructions for submitting a land use application which are set forth on the Department's website and available upon request in hard copy from the Department.
  1. Within ninety (90) days of receiving a draft land use application, the Department must review the draft application and:

   (1) notify an Applicant that the draft application includes all such required forms, documents, and exhibits as required by the instructions for submitting a land use application, such that the Applicant may proceed to file a land use application pursuant to 62 RCNY § 10-09; or

   (2) notify an Applicant that the draft land use application is missing one or more required forms, documents, or exhibits, or is not submitted as required by the instructions for submitting a land use application. The Applicant must submit a revised draft land use application to the Department. Within forty-five (45) days of receiving the revised draft land use application, the Department must review it and notify the Applicant that the Applicant may proceed to file a land use application pursuant to 62 RCNY § 10-09, 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 Applicant may proceed to file a land use application pursuant to 62 RCNY § 10-09.

  1. 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.

§ 10-08 Draft City Environmental Quality Review.

(a) Following notification to an Applicant pursuant to 62 RCNY § 10-06(b)(1) that the Applicant may proceed to submit a draft CEQR short/full form, an Applicant proceeding with filing an application for environmental review must submit a draft CEQR short/full form to the Department for review. The Applicant must submit the draft CEQR short/full form to the Department and notify the Environmental Assessment Review division project manager handling the Applicant's project. Such application must include all required forms, documents, and exhibits as required by instructions for submitting a CEQR short/full form as provided by the Mayor's Office of Environmental Coordination.
  1. Within ninety (90) days of receiving a draft CEQR short/full form, the Department must review the draft and:

   (1) notify an Applicant that the draft CEQR short/full form is substantially complete in form and substance such that the Applicant may proceed to file an application for environmental review pursuant to 62 RCNY § 10-10; or

   (2) provide comments to an Applicant on the draft CEQR short/full form, which the Applicant must address to the Department’s satisfaction before the Applicant may proceed to file an application for environmental review pursuant to 62 RCNY § 10-10. Within forty-five (45) days of receiving a revised draft CEQR short/full form, the Department must review the revised draft and notify the Applicant that the revised draft is substantially complete in form and substance such that the Applicant may proceed to file an application for environmental review pursuant to 62 RCNY § 10-10, or that the revised draft does not address, in whole or in part, the comments previously provided by the Department to the Applicant, in which case the review process must continue in accordance with the procedures set forth in this paragraph until the Department determines that the draft is substantially complete in form and substance and the Applicant may proceed to file an application for environmental review pursuant to 62 RCNY § 10-10.

  1. If the Department fails to notify an Applicant pursuant to subdivision (b) of this section, the Applicant may proceed with filing an application for environmental review as set forth in 62 RCNY § 10-10.

§ 10-09 Filing of Land Use Application.

(a) After an Applicant receives notification pursuant to 62 RCNY § 10-03(d)(2)(ii), 62 RCNY § 10-04(b)(3)(ii)(B), 62 RCNY § 10-05(b)(2)(ii), 62 RCNY § 10-06(b)(2), or 62 RCNY § 10-07(b), as applicable, that it may proceed to file a land use application, the Applicant may file such application with the Department in accordance with 62 RCNY § 2-02(a)(1).
  1. Notwithstanding subdivision (a) of this section, an Applicant may proceed with filing a land use application where otherwise provided in this chapter.

§ 10-10 Filing of Application for Environmental Review.

(a) After an Applicant receives notification pursuant to 62 RCNY § 10-08(b) that it may proceed to file an application for environmental review, the Applicant may file such application pursuant to 62 RCNY Chapter 5.
  1. Notwithstanding subdivision (a) of this section, an Applicant may proceed with filing an application for environmental review where otherwise provided in this chapter.

APPENDIX A TO TITLE 62: CRITERIA FOR THE LOCATION OF CITY FACILITIES*

Preface

These criteria are intended to guide the siting of city facilities, as provided by Section 203 of the City Charter. The fair distribution of city facilities will depend on balancing a number of factors, such as community needs for services, efficient and cost effective delivery of those services, effects on community stability and revitalization, and broad geographic distribution of facilities. Furthermore, these factors can be weighed more effectively, and siting decisions can be accepted more readily, when communities have been meaningfully informed and consulted early in the siting process. The intent of these guidelines is to improve, not to obstruct, the process of siting facilities.

Under the provisions of Section 204 of the Charter, the Mayor will prepare an annual Statement of Needs in accordance with these criteria. The Statement of Needs will provide early notice of facility proposals to Borough Presidents, Community Boards, and the public at large. It will be accompanied by a map and text indicating the location and current use of all city properties and of state and federal facilities, as designated by the Charter. This will allow the public and city agencies to assess the existing distribution of facilities and analyze factors of compatibility and concentration. Section 204 also provides procedures for public review and comment on the Statement of Needs, permits Borough Presidents to propose locations for city facilities, and requires city agencies to consider the statements that ensue from that review. Those provisions, together with these criteria, should provide a more open and systematic process for the consideration of facility sites.

The criteria will have several applications in the Section 204 proceedings. The Mayor and city agencies will use them in formulating plans for facilities. Community Boards will refer to them in commenting on the Statement of Needs, and Borough Presidents will employ them in recommending specific sites for facilities. The City Planning Commission will consider them in acting on site selection and acquisition proposals subject to the Uniform Land Use Review Procedure (ULURP) and in the review of city office sites pursuant to Section 195 of the Charter. Sponsoring agencies will also observe them in actions that do not proceed through ULURP such as city contracts, facility reductions, and closings. Although recognizing that non-city agencies are not subject to these criteria, the Commission encourages all such agencies to consider the factors identified in these criteria when they are siting facilities in this city.

Since the principles and procedures contained in these guidelines are new and untested, it is important to monitor and evaluate their effects. The Department of City Planning will undertake this evaluation and report its findings to the Commission and the Mayor within twenty-four months of adoption and periodically thereafter.

Article 1 Authority.

Pursuant to Section 203 of the New York City Charter, the City Planning Commission is authorized to establish criteria for the location of new city facilities, the significant expansion of existing facilities, and the closing or significant reduction in size or service capacity of existing facilities.

Article 2 Purpose and Goals.

The purpose of these criteria is to foster neighborhood stability and revitalization by furthering the fair distribution among communities of city facilities. Toward this end, the city shall seek to:

  1. Site facilities equitably by balancing the considerations of community needs for services, efficient and cost-effective service delivery, and the social, economic, and environmental impacts of city facilities upon surrounding areas;
  2. Base its siting and service allocation proposals on the city’s long-range policies and strategies, sound planning, zoning, budgetary principles, and local and citywide land use and service delivery plans;
  3. Expand public participation by creating an open and systematic planning process in which communities are fully informed, early in the process, of the city’s specific criteria for determining the need for a given facility and its proposed location, the consequences of not taking the proposed action, and the alternatives for satisfying the identified need;
  4. Foster consensus building to avoid undue delay or conflict in siting facilities providing essential city services;
  5. Plan for the fair distribution among communities of facilities providing local or neighborhood services in accordance with relative needs among communities for those services;
  6. Lessen disparities among communities in the level of responsibility each bears for facilities serving citywide or regional needs;
  7. Preserve the social fabric of the city’s diverse neighborhoods by avoiding undue concentrations of institutional uses in residential areas; and
  8. Promote government accountability by fully considering all potential negative effects, mitigating them as much as possible, and monitoring neighborhood impacts of facilities once they are built.

Article 3 Definitions.

For purposes of these rules, the following definitions apply.

  1. City facility: A facility providing city services whose location, expansion, closing or reduction in size is subject to control and supervision by a city agency, and which is:

   (i) operated by the city on property owned or leased by the city which is greater than 750 square feet in total floor area; or

   (ii) used primarily for a program or programs operated pursuant to a written agreement on behalf of the city which derives at least 50 percent and at least $50,000 of its annual funding from the city.

  1. New facility: A city facility newly established as a result of an acquisition, lease, construction, or contractual action or the substantial change in use of an existing facility.
  2. Residential facility: A city facility with sleeping accommodations which provides temporary or transitional housing, provides for pre-trial detention or custody of sentenced inmates, or provides a significant amount of on-site support services for residents with special needs for supervision, care, or treatment.
  3. Local or neighborhood facility: A city facility serving an area no larger than a community district or local service delivery district (pursuant to Section 2704 of the Charter), in which the majority of persons served by the facility live or work (see Attachment A).
  4. Regional or citywide facility: A facility which serves two or more community districts or local service delivery districts, an entire borough, or the city as a whole and which may be located in any of several different areas consistent with the specific criteria for that facility as described in the Citywide Statement of Needs pursuant to Section 204 of the Charter (see Attachment B).
  5. Significant expansion: An addition of real property by purchase, lease or interagency transfer, or construction of an enlargement, which would expand the lot area, floor area or capacity of a city facility by 25 percent or more and by at least 500 square feet. An expansion of less that 25 percent shall be deemed significant if it, together with expansions made in the prior three-year period, would expand the facility by 25 percent or more and by at least 500 square feet.
  6. Significant reduction: A surrender or discontinuance of the use of real property that would reduce the size or capacity to deliver service of a city facility by 25 percent or more. A reduction of less than 25 percent shall be deemed significant if it, together with reductions made in the prior three-year period, would reduce the facility by 25 percent or more.

Article 4 Criteria for Siting or Expanding Facilities.

The following criteria and procedures apply to the siting of all new facilities other than administrative offices and data processing facilities ar.d the significant expansion of such facilities.

4.1 The sponsoring agency and, for actions subject to the Uniform Land Use Review Procedure (ULURP) or review pursuant to Section 195 of the Charter, the City Planning Commission, shall consider the following criteria:

  1. Compatibility of the facility with existing facilities and programs, both city and non-city, in the immediate vicinity of the site.
  2. Extent to which neighborhood character would be adversely affected by a concentration of city and/or non-city facilities.
  3. Suitability of the site to provide cost-effective delivery of the intended services. Consideration of sites shall include properties not under city ownership, unless the agency provides a written explanation of why it is not reasonable to do so in this instance.
  4. Consistency with the locational and other specific criteria for the facility identified in the Statement of Needs or, if the facility is not listed in the Statement, in a subsequent submission to a Borough President.
  5. Consistency with any plan adopted pursuant to Section 197-a of the Charter.

4.2Procedures for Consultation. In formulating its facility proposals, the sponsoring agency shall:

  1. Consider the Mayor’s and Borough President’s stategic policy statements, the Community Board’s Statement of District Needs and Budget Priorities, and any published Department of City Planning land use plan for the area.
  2. Consider any comments received from the Community Boards or Borough Presidents and any alternative sites proposed by a Borough President pusuant to Section 204(f) of the Charter, as well as any comments or recommendations received in any meetings, consultations or communications with the Community Boards or Borough Presidents. If the Statement of Needs has identified the community district where a proposed facility would be sited, then, upon the written request of the affected Community Board, the sponsoring agency should attend the Board’s hearing on the Statement. If the community district is later identified, then the sponsoring agency shall at that point notify the Community Board and offer to meet with the board or its designee to discuss the proposed program.

Article 5 Criteria for Siting or Expanding Local/Neighborhood Facilities.

In addition to the criteria and procedures stated in Article 4, the following criteria and procedures apply to the siting of new local or neighborhood facilities other than administrative offices and data processing facilities, and the significant expansion of such facilities (see Attachment A).

5.1 The sponsoring agency and, for actions subject to ULURP or review pursuant to Section 195 of the Charter, the City Planning Commission, shall consider the following criteria:

  1. Need for the facility or expansion in the community or local service delivery district. The sponsoring agency should prepare an analysis which identifies the conditions or characteristics that indicate need within a local area (e.g., infant mortality rates, facility utilization rates, emergency response time, parkland/population ratios) and which assesses relative needs among communities for the service provided by the facility. New or expanded facilities should, wherever possible, be located in areas with low ratios of service supply to service demand.
  2. Accessibility of the site to those it is intended to serve.

5.2 A Community Board may choose to designate or establish a committee to monitor selected local facilities after siting approval pursuant to these criteria. Following site selection and approval for such a facility, the sponsoring agency and Community Board shall jointly establish a mutually acceptable procedure by which the agency periodically reports to the committee regarding the plans and procedures that may affect the compatibility of the facility with the surrounding community and responds to community concerns.

Article 6 Criteria for Siting or Expanding Regional/Citywide Facilities.

In addition to the criteria and procedures stated in Article 4, the following criteria and procedures apply to the siting of new regional and citywide facilities other than administrative offices and data processing facilities, and the significant expansion of such facilities (see Attachment B).

6.1 The sponsoring agency and, for actions subject to ULURP or review pursuant to Section 195 of the Charter, the City Planning Commission, shall consider the following criteria:

  1. Need for the facility or expansion. Need shall be established in a citywide or borough-wide service plan or, as applicable, by inclusion in the city’s ten-year capital strategy, four-year capital program, or other analyses of service needs.
  2. Distribution of similar facilities throughout the city. To promote the fair geographic distribution of facilities, the sponsoring agency should examine the distribution among the boroughs of existing and proposed facilities, both city and non-city, that provide similar services, in addition to the availability of appropriately zoned sites.
  3. Size of the facility. To lessen local impacts and increase broad distribution of facilities, the new facility or expansion should not exceed the minimum size necessary to achieve efficient and cost-effective delivery of services to meet existing and projected needs.
  4. Adequacy of the streets and transit to handle the volume and frequency of traffic generated by the facility.

6.2 Where practicable, the Mayor may initiate and sponsor a consensus building process to determine the location of a proposed regional facility. A Borough President may submit a written request for such a process if the request is made within 90 days of publication of the Statement of Needs or, if the facility is not listed in the Statement, within 30 days of a subsequent submission to the Borough President.

In the consensus building process, representatives of affected interests will convene to assess potential sites in accordance with these criteria and the specific criteria set forth in the Statement of Needs. The participants may include but need not be limited to representatives of the Mayor, the sponsoring agency, the Borough President(s), and the affected Community Board(s). The participants may review any issue relevant to site selection under these criteria. The process shall be completed within a reasonable time period to be determined by the Mayor. If location of the facility is subject to ULURP, the process shall be completed prior to submission of a ULURP application. If the participants (including the sponsoring agency) reach consensus, the agency will submit whatever agreements were reached regarding the facility and site to the City Planning Commission as part of its ULURP application for the site. If no such consensus is reached, the sponsoring agency may initiate ULURP, if applicable, for its proposed site.

6.3 Upon the request of the Borough President and/or Community Board, a sponsoring agency and Community Board shall establish a facility monitoring committee, or designate an existing Community Board committee, to monitor a facility following selection and approval of its site. The agency shall inform the committee of plans and procedures that may affect the compatibility of the facility with the surrounding community. Once the facility is constructed, the sponsoring agency shall meet with the committee according to a schedule established by the committee and agency to report on the status of those plans and procedures and to respond to community concerns. The committee may also submit reports to the agency head addressing outstanding issues. The agency head shall respond to the committee’s report within 45 days and shall identify the actions, if any, that the agency plans in response to such concerns.

6.4 Transportation and Waste Management Facilities. Transportation and waste management facilities (see Attachment B) are subject to the following criteria in addition to those stated in Article 4 and Sections 6.1, 6.2, and 6.3.

6.41 The proposed site should be optimally located to promote effective service delivery in that any alternative site actively considered by the sponsoring agency or identified pursuant to Section 204(f) of the Charter would add significantly to the cost of constructing or operating the facility or would significantly impair effective service delivery.

6.42 In order to avoid aggregate noise, odor, or air quality impacts on adjacent residential areas, the sponsoring agency and the City Planning Commission, in its review of the proposal, shall take into consideration the number and proximity of existing city and non-city facilities, situated within approximately a one-half mile radius of the proposed site, which have similar environmental impacts.

6.5 Residential Facilities. Regional or citywide residential facilities (see Attachment B) are subject to the following criteria in addition to those stated in Article 4 and Sections 6.1, 6.2, and 6.3.

6.51 Undue concentration or clustering of city and non-city facilities providing similar services or serving a similar population should be avoided in residential areas.

6.52 Necessary support services for the facility and its residents should be available or provided.

6.53 In community districts with a high ratio* of residential facility beds to population, the proposed siting shall be subject to the following additional considerations:

   a) Whether the facility, in combination with other similar city and non-city facilities within a defined area surrounding the site (approximately a half-mile radius, adjusted for significant physical boundaries), would have a significant cumulative negative impact on neighborhood character.

   b) Whether the site is well located for efficient service delivery.

   c) Whether any alternative sites actively considered by the sponsoring agency or identified pursuant to Section 204(f) of the Charter which are in community districts with lower ratios of residential facility beds to population than the citywide average would add significantly to the cost of constructing or operating the facility or would impair service delivery.

To facilitate this evaluation, the Department of City Planning will publish annually an index of the number of beds per thousand population, by type of residential facility (as set forth in Appendix C) and overall, in each community district. The index will be based upon the number of beds in all city, state, federal, and private facilities in operation or approved for operation.

Article 7 Criteria for Siting or Expanding Administrative Offices and Data Processing Facilities.

The following criteria apply to the siting of new city administrative offices and data processing facilities and the significant expansion of such facilities, pursuant to Section 195 of the City Charter.

7.1 The sponsoring agency and the City Planning Commission shall consider the following criteria:

  1. Suitability of the site to provide cost-effective operations.
  2. Suitability of the site for operational efficiency, taking into consideration its accessibility to staff, the public and/or other sectors of city government.
  3. Consistency with the locational and other specific criteria for the facility stated in the Statement of Needs.
  4. Whether the facility can be located so as to support development and revitalization of the city’s regional business districts without constraining operational efficiency.

Article 8 Criteria for Closing or Reducing Facilities.

The following criteria and procedures apply to the closing of existing facilities and the significant reduction in size or capacity to deliver service of existing facilities.

8.1 The sponsoring agency shall consider the following criteria:

  1. The extent to which the closing or reduction would create or significantly increase any existing imbalance among communities of service levels relative to need. Wherever possible, such actions should be proposed for areas with high ratios of service supply to service demand.
  2. Consistency with the specific criteria for selecting the facility for closure or reduction as identified in the Statement of Needs.

8.2 In proposing facility closings or reductions, the sponsoring agency shall consult with the affected Community Board(s) and Borough President about the alternatives within the district or borough, if any, for achieving the planned reduction and the measures to be taken to ensure adequate levels of service.

Article 9 Actions not Subject to the Uniform Land Use Review Procedure or Section 195.

9.1 Whenever an agency takes an action with respect to a city facility that is subject to these criteria but is not subject to ULURP or to Charter Section 195 review, the agency shall submit a statement to the Mayor, with copies to the affected Community Board(s), Borough President, and Department of City Planning, which describes the agency’s consideration and application of the relevant sections of these criteria, and states the reasons for any inconsistencies.

Attachment A

Local / Neighborhood Facilities*

Branch libraries

Community cultural programs

Community health/mental health services

Community-based social programs

Day care centers

Drop-off recycling centers

Employment centers

Fire stations

Local, non-residential drug prevention and/or treatment centers

Local parks

Parking lots/garages

Police precincts

Sanitation garages

Senior centers

  • List is illustrative and should not be considered to include all such facilities.

Attachment B

Regional / Citywide Facilities:*

Administrative offices

Courts

Data processing facilities

Department of Health centers

Income maintenance centers

Maintenance/storage facilities

Museums, zoos, performance centers, galleries and gardens

Regional, non-residential drug prevention and/or treatment centers

Regional parks

Transportation and Waste Management Facilities:

Airports, heliports

Ferry terminals

Sewage treatment plants

Sludge management and transfer facilities

Solid waste transfer and recycling facilities

Solid waste landfills

Solid waste incinerators, resource recovery plants

Residential Facilities:

Group homes/halfway houses

Hospices

Nursing homes/health-related facilities

Prisons, jails, detention, remand facilities

Residential facilities for children

Residential substance abuse facilities

Secure and non-secure detention facilities for children

Supported housing for people with mental health or physical problems

Temporary housing

Transitional housing

  • List is illustrative and should not be considered to include all such facilities.

Attachment C

Types of Residential Facilities (as referenced in Section 6.53)*

  1. Correctional facilities, including prisons, jails, detention and remand facilities, and secure detention for children
  2. Nursing homes and health-related facilities, including hospices
  3. Small residential care facilities and temporary housing facilities, serving no more than 25 people, including group homes, halfway houses, residential facilities for children, residential substance abuse and mental health/retardation facilities, supported housing, shelters, temporary and transitional housing, non-secure detention for children
  4. Large temporary and transitional housing facilities, providing shelter or transitional housing for more than 25 people
  5. Large residential care facilities, serving more than 25 people, including halfway houses, residential facilities for children, homes for adults, residential substance abuse and mental health/retardation facilities, supported housing, psychiatric centers
  • Lists by type are illustrative and should not be considered to include all such facilities.