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Department of City Planning
Codified Title: 
Title 62: Department of City Planning

Adopted Rules: Closed to Comments

Adopted Rules Content: 

THE NEW YORK CITY PLANNING COMMISSION

NOTICE OF ADOPTION OF RULES

NOTICE IS HEREBY GIVEN in accordance with the requirements of Section 1043 of the New York City Charter and pursuant to the authority vested in the City Planning Commission by Section 192(e) of the New York City Charter, that the City Planning Commission adds new rules to Section 5-05 of Chapter 5 of Title 62 of the Rules of the City of New York classifying an additional thirteen (13) actions as Type II, which will not require environmental review. These rules were proposed and published in the City Record on October 21, 2013, and a public hearing was held on November 20, 2013.

Statement of Basis and Purpose

Statutory Authority

These rules are promulgated pursuant to the authority of the City Planning Commission under Section 192(e) of the New York City Charter. Section 192(e) vests in the City Planning Commission the authority to establish by rule procedures for environmental reviews by the City where such reviews are required by law. The State granted the City the authority to promulgate these rules through New York State Department of Environmental Conservation regulations, found in Title 6 of the New York Codes, Rules and Regulations (NYCRR). Subdivision (b) of Section 617.5 of Chapter 6 of Title 6 of the NYCRR authorizes agencies to adopt their own list of Type II actions to supplement the State list of Type II actions, which are found in Subdivision (c) of the same section.

Statement of Purpose

The rules exempt certain actions from the City Environmental Quality Review (CEQR) procedures. The rules also provide that some of the listed actions are exempt only if they meet one or more prerequisites.

The State Environmental Quality Review regulations and CEQR designate certain actions, which are likely to require the preparation of an Environmental Impact Statement, as Type I. Section 617.5 of Title 6 of the NYCRR designates other actions, which have been determined not to have a significant adverse impact on the environment, and therefore are not subject to environmental review, as Type II.

Actions that are not designated as either Type I or Type II are referred to as “Unlisted.” For Unlisted actions, an Environmental Assessment Statement (EAS) must be prepared. The lead agency must determine whether the action has the potential for significant adverse environmental impacts. If it is determined, based on the Environmental Assessment Statement, that the action does not have the potential to result in significant impacts, then a Negative Declaration is issued providing the reasons for this determination.

Previous EASs have consistently shown that certain types of Unlisted actions do not have the potential to result in significant adverse environmental impacts. For example, over the past five years, 31 EASs have been prepared in conjunction with special permits for radio and television towers pursuant to Section 73-30 of the Zoning Resolution of the City of New York. Radio and television towers were consistently found not to result in significant adverse environmental impacts, and negative declarations were issued for each of the 31 special permits.

However, because actions such as the special permit for radio and television towers remain Unlisted, an EAS must still be prepared and a Negative Declaration must be issued every time that these actions are taken. Continuing to conduct environmental review of such actions places an administrative burden on government agencies and private businesses, but provides no environmental protection since significant adverse environmental impacts are never predicted. The review of such actions, therefore, constitutes a waste of public and private resources.

The New York City Mayor’s Office of Environmental Coordination, in consultation with the CEQR Task Force, identified 13 Unlisted actions that lead agencies have determined do not have the potential to result in significant environmental impacts, based on the preparation and review of EASs in the past as well as on evaluation of the potentially significant environmental impacts associated with such actions.

The rules exempt these actions from environmental review and simplify the environmental review process for applicants, while freeing agency resources to focus on actions that may have the potential for significant adverse impacts on the environment.

The rules also include prerequisites that certain types of projects must meet before they are exempted from environmental review. For example, the rules would exempt certain actions that could involve the excavation of areas not previously excavated from environmental review only if they are located on a site that is not archeologically sensitive.

The Mayor’s Office of Environmental Coordination estimates that the rules will exempt approximately 184 projects from the environmental review requirements of CEQR over the next five years.

Summary of Provisions

The rules would add two new subdivisions, subdivisions (c) and (d), to Section 5-05 of Chapter 5 of Title 62 of the Rules of the City of New York. 

Subdivision (c) would list 13 types of actions that are not subject to environmental review under CEQR. Subdivision (d) would list certain prerequisites that the actions listed in subdivision (c) must meet in order to be exempt from environmental review.

Material to be deleted is enclosed in [brackets] and material to be added is underlined.

Section 5-05 of Chapter 5 of Title 62 of the Rules of the City of New York is amended by adding two new subdivisions (c) and (d) to read as follows:

(c) 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 § 5-05(d) of these rules:

(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 propertyby 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.

 (d) Type II Prerequisites.

(1)   An action listed in § 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 § 5-05(c)(2)-(5), or (8) of these rules 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 § 5-05(c)(2), (3), (5), or (8) of these rulesinvolvingexcavation 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 § 5-05(c)(4) of these rules shall remain subject to environmental review, unless it is determined that any potentially significant noise impacts will be avoided.

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

   (6)   An action listed in § 5-05(c)(2), (4), (5), (6), (8), or (11)-(13) of these rules 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.

 

 

 

Effective Date: 
Sun, 01/26/2014

Proposed Rules: Closed to Comments (View Public Comments Received:5)

Agency:
Comment By: 
Wednesday, November 20, 2013
Proposed Rules Content: 

 

 

Statement of Basis and Purpose

 

Statutory Authority

 

These rules are promulgated pursuant to the authority of the City Planning Commission under Section 192(e) of the New York City Charter. Section 192(e) vests in the City Planning Commission the authority to establish by rule procedures for environmental reviews by the City where such reviews are required by law. The State granted the City the authority to promulgate these rules through New York State Department of Environmental Conservation regulations, found in Title 6 of the New York Codes, Rules and Regulations (NYCRR). Subdivision (b) of Section 617.5 of Chapter 6 of Title 6 of the NYCRR authorizes agencies to adopt their own list of Type II actions to supplement the State list of Type II actions, which are found in Subdivision (c) of the same section.

 

Statement of Purpose

 

The proposed rules would exempt certain actions from the City Environmental Quality Review (CEQR) procedures. The proposed rules would also provide that some of the listed actions are exempt only if they meet one or more prerequisites.

 

Currently, the State Environmental Quality Review regulations and CEQR designate certain actions, which are likely to require the preparation of an Environmental Impact Statement, as Type I. Section 617.5 of Title 6 of the NYCRR designates other actions, which have been determined not to have a significant adverse impact on the environment, and therefore are not subject to environmental review, as Type II.

 

Actions that are not designated as either Type I or Type II are referred to as “Unlisted.” For Unlisted actions, an Environmental Assessment Statement (EAS) must be prepared. The lead agency must determine whether the action has the potential for significant adverse environmental impacts. If it is determined, based on the Environmental Assessment Statement, that the action does not have the potential to result in significant impacts, then a Negative Declaration is issued providing the reasons for this determination.

 

Previous EASs have consistently shown that certain types of Unlisted actions do not have the potential to result in significant adverse environmental impacts. For example, over the past five years, 31 EASs have been prepared in conjunction with special permits for radio and television towers pursuant to Section 73-30 of the Zoning Resolution of the City of New York. Radio and television towers were consistently found not to result in significant adverse environmental impacts, and negative declarations were issued for each of the 31 special permits.

 

However, because actions such as the special permit for radio and television towers remain Unlisted, an EAS must still be prepared and a Negative Declaration must be issued every time that these actions are taken. Continuing to conduct environmental review of such actions places an administrative burden on government agencies and private businesses, but provides no environmental protection since significant adverse environmental impacts are never predicted. The review of such actions, therefore, constitutes a waste of public and private resources.

 

The New York City Mayor’s Office of Environmental Coordination, in consultation with the CEQR Task Force, has identified 13 Unlisted actions that lead agencies have determined do not have the potential to result in significant environmental impacts, based on the preparation and review of EASs in the past as well as on evaluation of the potentially significant environmental impacts associated with such actions.

 

The proposed rules would exempt these actions from environmental review under CEQR and simplify the environmental review process for applicants while freeing agency resources to focus on actions that may have the potential for significant adverse impacts on the environment.

 

The proposed rules also include prerequisites that certain types of projects must meet before they are exempted from the requirements. For example, the proposed rule would exempt certain actions that could involve the excavation of areas not previously excavated from environmental review only if they are located on a site that is not archeologically sensitive.

 

The Mayor’s Office of Environmental Coordination estimates that the proposed rules will exempt approximately 184 projects from the environmental review requirements of CEQR over the next five years.

 

Summary of Provisions

 

The proposed rules would add two new subdivisions, subdivisions (c) and (d), to Section 5-05 of Chapter 5 of Title 62 of the Rules of the City of New York.

 

Subdivision (c) would list 13 types of actions that are not subject to environmental review under CEQR. Subdivision (d) would list certain prerequisites that the actions listed in subdivision (c) must meet in order to be exempt from environmental review.

 

 

Subject: 

Opportunity to comment on a proposed rule designating thirteen (13) actions as Type II, which will not require environmental review under City Environmental Quality Review

Location: 
Spector Hall
22 Reade Street
New York, NY 10007
Contact: 

Wesley O’Brien
New York City Mayor’s Office of Environmental Coordination
100 Gold Street, 2nd Floor
New York, New York 10038
(212)788-2932

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

 

Statement of Basis and Purpose

 

The Department of City Planning (“Department”) is amending Title 62 of the Rules of the City of New York (“Rules”) pursuant to its authority under Sections 1043 and 191(b)(2) of the New York City Charter (“Charter”). The amendment adds a new Chapter 10 to Title 62 to establish submission and meeting participation requirements prior to the filing of a land use application or application for environmental review. This “Pre- Application Process” may include the following:

 

·         Submission Requirements: A Pre-Application Statement, Reasonable Worst Case Development Scenario Memorandum, draft land use application (or portions thereof), draft City Environmental Quality Review environmental assessment statement short/full form (or portions thereof), and/or other information needed to define, describe, and analyze the land use and environmental considerations related to a proposed project; and

 

·         Meeting Participation Requirements: An Informational Meeting, Interdivisional Meeting, and/or a Reasonable Worst Case Development Scenario Meeting.

 

Potential applicants or their designated representatives (“Applicants”) must meet these requirements prior to filing land use applications or applications for environmental review with the Department, unless the application is grandfathered or otherwise exempt pursuant to this amendment.

 

Pursuant to Section 191(b)(2) of the Charter, the Director of the Department, who also serves as Chair of the City Planning Commission (“Commission”), provides staff assistance to the Commission in all matters under its jurisdiction, including the consideration of land use applications and applications for environmental review. The Department provides substantive staff assistance to the Commission through the production of studies examining land use and socioeconomic conditions, land use plans, policy recommendations, waterfront resilience measures, and transportation planning initiatives, among other items. The Department also advises Applicants in the preparation of highly technical land use applications and applications for environmental review that are first filed with the Department before they are considered by the Commission.

 

The rule will formalize this process by which the Department advises Applicants and assists the Commission. The Pre-Application Process is not designed to assess the merits of a proposed project. Instead, the goal is to gather key basic information about the site and the proposed development, so that the Department can advise Applicants on any required land use actions and on the level of environmental analysis that may be required to facilitate the proposed development projects. Land use applications and applications for environmental review often involve the preparation of highly technical documents, drawings, and analyses in order to demonstrate compliance with zoning, environmental, and other applicable standards and to aid decision-makers in the public review process. These materials must be sufficiently comprehensive, clear, and complete before an application can be certified or referred for public review.

 

Accordingly, the Pre-Application Process will:

 

(i)     assist Applicants in early identification of significant land use and environmental issues and actions, which may affect or alter their proposals;

(ii)    provide relevant information to Department staff so that they may assist Applicants in identifying necessary land use application and application for environmental review materials;

(iii)   organize the information and material necessary to prepare complete and accurate land use applications and applications for environmental review for consideration by the Commission; and

(iv)  better allocate Department resources to help achieve these ends. The Pre-Application Process may include:

 

Informational Meeting: To begin the process, Applicants must contact the Department Borough Office in the borough where the proposed project is  to  be located in order to set up an Informational Meeting with the Department. Applicants must submit, in advance of the meeting, basic information related to the location of the property and the applicable zoning regulations, in order to inform the discussion at the meeting. The purpose of the meeting is for the Department to adequately understand an Applicant’s proposed project, and to share information with Applicants about zoning, the neighborhood, and City policies affecting the proposed project. The meeting will also give Applicants a clear idea of the land use application, application for environmental review, and public review processes. For large or extremely complicated projects, more than one Informational Meeting may be required.

 

At or after the Informational Meeting, Applicants 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 a proposed project during the Pre-Application Process. If the Department determines upon issuance of the Project ID that the proposed project does not require multiple divisions to review the land use application material and coordination among the divisions to provide feedback to Applicants, and that the project is classified as Type II pursuant to regulations promulgated under the New York State Environmental Quality Review Act (“SEQR”), then the Department will notify the Applicant that the Applicant may either submit a draft land use application or proceed directly to file a land use application. All other Applicants must submit a Pre-Application Statement.

 

The Pre-Application Statement (PAS): Applicants must submit a PAS to the Department in the manner and to the office so directed on the form. The PAS helps the Department advise Applicants early in the process about the land use actions necessary for the project and the framework for environmental analysis. The PAS also allows the Department to assign appropriate staff at the beginning of the Pre- Application Process and, if necessary, to coordinate review across multiple divisions in the Department. The Department may require Applicants to submit additional or revised materials in order for the Department to make a determination that the PAS is complete.

 

Interdivisional Meeting (ID Meeting): After the receipt of a completed PAS, the Department may contact Applicants to schedule an ID Meeting in cases where the complexity of the proposed project requires more than one division’s review, and the divisions must coordinate their respective reviews to ensure that consistent and non- conflicting feedback is provided to Applicants. Following the ID Meeting, Applicants will receive a summary of the discussion and the next steps necessary to continue the Pre-Application Process. The purpose of the ID Meeting is to confirm the elements of the proposed project, determine the land use actions necessary to facilitate the proposed project and the type of environmental review that will be required, and define the next steps in the Pre-Application Process. The ID Meeting is an opportunity for Applicants to present their proposals, relevant site details, and other information to the assigned divisions that will be reviewing the project, and for the Department to guide Applicants in the preparation of land use and environmental application materials. For large or extremely complicated projects, more than one ID Meeting may be required.

 

Reasonable Worst Case Development Scenario (RWCDS) Memorandum Submission: If the proposed project is not classified as Type II and is classified as either Type I or Unlisted under the State Environmental Quality Review/City Environmental Quality Review (“SEQR/CEQR”), Applicants will be required to submit a RWCDS Memorandum. Under SEQR, actions or classes of actions that have been determined not to have a significant impact on the environment or are otherwise precluded from environmental review are classified as Type II. In contrast, Type I actions are those actions or classes of actions that are likely to have significant adverse impacts on the environment and thus more likely to require the preparation of Environmental Impact Statements, and Unlisted actions are those actions not listed as Type I or Type II. All Type I and Unlisted actions require, at minimum, the preparation and submission of an Environmental Assessment Statement (EAS) and, depending on the conclusions of the EAS, the preparation and submission of a more involved Environmental Impact Statement (EIS).

 

A RWCDS is broadly defined as a conservative projection of the development that could occur pursuant to a discretionary action, and provides a framework for 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. A RWCDS Memorandum should clarify and identify the future potential development that may occur as a result of the land use action. Following receipt of the RWCDS Memorandum, the Department may require a RWCDS Meeting to clarify the assumptions underlying the RWCDS Memorandum. The Department may also require Applicants to revise the RWCDS Memorandum. At the conclusion of the RWCDS process, the Department will direct Applicants to submit a draft CEQR Environmental Assessment Statement short/full form (“CEQR short/full form”), and will notify Applicants that they may either submit a draft land use application or proceed directly to file a land use application.

 

Draft Land Use Application Submission: If a high degree of technical expertise is necessary to produce the land use application materials required for the proposed project, the Department may request that Applicants submit one or more drafts of the land use application for review by the Department prior to the Applicants’ filing of the application. This draft submission review process will help ensure that all required forms, documents, and other exhibits have been submitted and prepared in the manner required by the Department, prior to filing.

 

Draft CEQR Environmental Assessment Statement Short/Full Form Submission: At the conclusion of the RWCDS submission process, Applicants will be required to submit one or more drafts of the CEQR short/full form for review by the Department prior to the filing of an application for environmental review. The Department will review the draft CEQR short/full form and notify Applicants when the draft is substantially complete in form and substance such that the Applicants may proceed to file an application for environmental review.

 

 

Effective Date: 
Thu, 10/31/2013

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, August 20, 2013
Proposed Rules Content: 

 

 

STATEMENT OF BASIS AND PURPOSE

 

 

The Department of City Planning (“Department”) is proposing to amend Title 62 of the Rules of the City of New York (“Rules”) pursuant to its authority under Sections 1043 and 191(b)(2) of the New York City Charter (“Charter”). The proposed amendment would add a new Chapter 10 to Title 62 to establish submission and meeting participation requirements prior to the filing of a land use application or application for environmental review. This “Pre-Application Process” may include the following:

 

                 Submission Requirements: A Pre-Application Statement, Reasonable Worst Case Development Scenario Memorandum, draft land use application (or portions thereof), draft City Environmental Quality Review environmental assessment statement short/full form (or portions thereof), and/or other information needed to define, describe, and analyze the land use and environmental considerations related to a proposed project;

                 and Meeting Participation Requirements: An Informational Meeting, Interdivisional Meeting, and/or a Reasonable Worst Case Development Scenario Meeting.

 

Potential applicants or their designated representatives (“Applicants”) must meet these requirements prior to filing land use applications or applications for environmental review with the Department, unless the application is grandfathered or otherwise exempt pursuant to the proposed amendment.

 

Pursuant to Section 191(b)(2) of the Charter, the Director of the Department, who also serves as Chair of the City Planning Commission (“Commission”), provides staff assistance to the Commission in all matters under its jurisdiction, including the consideration of land use applications and applications for environmental review. The Department provides substantive staff assistance to the Commission through the production of studies examining land use and socioeconomic conditions, land use plans, policy recommendations, waterfront resilience measures, and transportation planning initiatives, among other items. The Department also advises Applicants in the preparation of highly technical land use applications and applications for environmental review that are first filed with the Department before they are considered by the Commission.

 

The proposed rule will formalize this process by which the Department advises Applicants and assists the Commission. The Pre-Application Process is not designed to assess the merits of a proposed project. Instead, the goal is to gather key basic information about the site and the proposed development, so that the Department can advise Applicants on any required land use actions and on the level of environmental analysis that may be required to facilitate the proposed development projects. Land use applications and applications for environmental review often involve the preparation of highly technical documents, drawings, and analyses in order to demonstrate compliance with zoning, environmental, and other applicable standards and to aid decision-makers in the public review process. These materials must be sufficiently comprehensive, clear, and complete before an application can be certified or referred for public review.

 

Accordingly, the Pre-Application Process will:

 

(i) assist Applicants in early identification of significant land use and environmental issues and actions, which may affect or alter their proposals;

(ii) provide relevant information to Department staff so that they may assist Applicants in identifying necessary land use application and application for environmental review materials;

(iii) organize the information and material necessary to prepare complete and accurate land use applications and applications for environmental review for consideration by the Commission; and

(iv) better allocate Department resources to help achieve these ends.

 

The Pre-Application Process may include:

 

Informational Meeting: To begin the process, Applicants must contact the Department Borough Office in the borough where the proposed project is to be located in order to set up an Informational Meeting with the Department. Applicants must submit, in advance of the meeting, basic information related to the location of the property and the applicable zoning regulations, in order to inform the discussion at the meeting. The purpose of the meeting is for the Department to adequately understand an Applicant’s proposed project, and to share information with Applicants about zoning, the neighborhood, and City policies affecting the proposed project. The meeting will also give Applicants a clear idea of the land use application, application for environmental review, and public review processes. For large or extremely complicated projects, more than one Informational Meeting may be required.

 

At or after the Informational Meeting, Applicants 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 a proposed project during the Pre-Application Process. If the Department determines upon issuance of the Project ID that the proposed project does not require multiple divisions to review the land use application material and coordination among the divisions to provide feedback to Applicants, and that the project is classified as Type II pursuant to regulations promulgated under the New York State Environmental Quality Review Act (“SEQR”), then the Department will notify the Applicant that the Applicant may either submit a draft land use application or proceed directly to file a land use application. All other Applicants must submit a Pre-Application Statement.

 

The Pre-Application Statement (PAS): Applicants must submit a PAS to the Department in the manner and to the office so directed on the form. The PAS helps the Department advise Applicants early in the process about the land use actions necessary for the project and the framework for environmental analysis. The PAS also allows the Department to assign appropriate staff at the beginning of the Pre-Application Process and, if necessary, to coordinate review across multiple divisions in the Department. The Department may require Applicants to submit additional or revised materials in order for the Department to make a determination that the PAS is complete.

 

Interdivisional Meeting (ID Meeting): After the receipt of a completed PAS, the Department may contact Applicants to schedule an ID Meeting in cases where the complexity of the proposed project requires more than one division’s review, and the divisions must coordinate their respective reviews to ensure that consistent and non- conflicting feedback is provided to Applicants. Following the ID Meeting, Applicants will receive a summary of the discussion and the next steps necessary to continue the Pre-Application Process. The purpose of the ID Meeting is to confirm the elements of the proposed project, determine the land use actions necessary to facilitate the proposed project and the type of environmental review that will be required, and define the next steps in the Pre- Application Process. The ID Meeting is an opportunity for Applicants to present their proposals, relevant site details, and other information to the assigned divisions that will be reviewing the project, and for the Department to guide Applicants in the preparation of land use and environmental application materials. For large or extremely complicated projects, more than one ID Meeting may be required.

 

Reasonable Worst Case Development Scenario (RWCDS) Memorandum Submission: If the proposed project is not classified as Type II and is classified as either Type I or Unlisted under the State Environmental Quality Review/City Environmental Quality Review (“SEQR/CEQR”), Applicants will be required to submit a RWCDS Memorandum. Under SEQR, actions or classes of actions that have been determined not to have a significant impact on the environment or are otherwise precluded from environmental review are classified as Type II. In contrast, Type I actions are those actions or classes of actions that are likely to have significant adverse impacts on the environment and thus more likely to require the preparation of Environmental Impact Statements, and Unlisted actions are those actions not listed as Type I or Type II. All Type I and Unlisted actions require, at minimum, the preparation and submission of an Environmental Assessment Statement (EAS) and, depending on the conclusions of the EAS, the preparation and submission of a more involved Environmental Impact Statement (EIS).

 

A RWCDS is broadly defined as a conservative projection of the development that could occur pursuant to a discretionary action, and provides a framework for 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. A RWCDS Memorandum should clarify and identify the future potential development that may occur as a result of the land use action. Following receipt of the RWCDS Memorandum, the Department may require a RWCDS Meeting to clarify the assumptions underlying the RWCDS Memorandum. The Department may also require Applicants to revise the RWCDS Memorandum. At the conclusion of the RWCDS process, the Department will direct Applicants to submit a draft CEQR Environmental Assessment Statement short/full form (“CEQR short/full form”), and will notify Applicants that they may either submit a draft land use application or proceed directly to file a land use application.

 

Draft Land Use Application Submission: If a high degree of technical expertise is necessary to produce the land use application materials required for the proposed project, the Department may request that Applicants submit one or more drafts of the land use application for review by the Department prior to the Applicants’ filing of the application. This draft submission review process will help ensure that all required forms, documents, and other exhibits have been submitted and prepared in the manner required by the Department, prior to filing.

 

Draft CEQR Environmental Assessment Statement Short/Full Form Submission: At the conclusion of the RWCDS submission process, Applicants will be required to submit one or more drafts of the CEQR short/full form for review by the Department prior to the filing of an application for environmental review. The Department will review the draft CEQR short/full form and notify Applicants when the draft is substantially complete in form and substance such that the Applicants may proceed to file an application for environmental review.

 

 

Subject: 

Opportunity to comment on proposed Department of City Planning rules establishing submission and meeting participation requirements prior to filing a land use application or application for environmental review.

Location: 
Spector Hall
22 Reade Street
New York, NY 10007
Contact: 

Barak Wrobel
22 Reade Street, New York, NY 10007
bwrobel@planning.nyc.gov
(212) 720-3259

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

 

Statement of Basis and Purpose

 

The Department of City Planning is amending Title 62 of the Rules of the City of New York pursuant to its authority under Section 1043 of the New York City Charter.

 

The amendment adds a new Chapter 9 to Title 62 in order to establish and clarify procedures and requirements for obtaining certifications for a limited increase in street wall width pursuant to Section 132-51 of Article XIII, Chapter 2 of the New York City Zoning Resolution (Zoning Resolution or ZR). ZR Section 132-51 became effective on June 28, 2012.

 

ZR Section 132-11(b) establishes the location of Special Enhanced Commercial District 2 as designated portions of Amsterdam and Columbus Avenues in the Upper West Side of Manhattan. Pursuant to ZR Section 132-24, within Special Enhanced Commercial District 2, the maximum street wall width of any non-residential ground floor establishment, other than banks or loan offices, shall not exceed 40 feet. However, a certification from the Chairperson of the City Planning Commission may be applied for pursuant to ZR Section 132-51 to exceed the 40-foot maximum street wall width, provided the conditions set forth in the Section are met. In addition, ZR Section 132-51 provides that a certification that has been granted pursuant to that Section will lapse if substantial construction has not been completed within one year of the effective date of the certification.

 

The rule (1) describes the process for the submission and review of applications for certifications to allow a limited increase in street wall width pursuant to ZR Section 132- 51, and (2) clarifies the lapse provision contained within ZR Section 132-51 and the effect of a lapse for the purposes of ZR 132-51(c)(2).

 

1)    Application Process

 

Given that only a limited number of expansions may be available for approval within a particular geographic area, and that multiple applications within a particular geographic area may be simultaneously pending, the rule sets forth procedures to ensure that all applications are reviewed and processed in a predictable, fair and orderly manner. Specifically, the rule requires that:

a)    Draft applications must be submitted for pre-filing review.

b)    Draft applications will be reviewed in order of receipt.

c)    The applicant may only formally file an application upon notification that the draft application is considered complete.

d)    Complete  filed  applications  for  establishments  within  the  same  set  of geographic boundaries will be reviewed in order of application filing date and time.

 

2)    Lapse

 

The rule also describes the effect of a lapse of a certification granted pursuant to ZR Section 132-51, or the lapse of an authorization granted pursuant to ZR Section 132-52, for the purposes of ZR Section 132-51(c)(2). In addition, the rule defines “substantial construction” for the purposes of ZR Section 132-51.

 

 

Effective Date: 
Fri, 11/30/2012

Adopted Rules: Closed to Comments

Adopted Rules Content: 



 Click here (.pdf) for the complete text of the adopted rule.



Effective Date: 
Sat, 12/10/2011

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, October 10, 2012
Proposed Rules Content: 

 

 

Statement of Basis and Purpose

 

The Department of City Planning is proposing to amend Title 62 of the Rules of the City of New York pursuant to its authority under Section 1043 of the New York City Charter.

 

The proposed amendment would add a new Chapter 9 to Title 62 in order to establish and clarify procedures and requirements for obtaining certifications for a limited increase in street wall width pursuant to Section 132-51 of Article XIII, Chapter 2 of the New York City Zoning Resolution (Zoning Resolution or ZR). ZR Section 132-51 became effective on June 28, 2012.

 

Zoning Resolution Section 132-51

 

ZR Section 132-11(b) establishes the location of Special Enhanced Commercial District 2 as designated portions of Amsterdam and Columbus Avenues in the Upper West Side of Manhattan. Pursuant to ZR Section 132-24, within Special Enhanced Commercial District 2, the maximum street wall width of any non-residential ground floor establishment, other than banks or loan offices, shall not exceed 40 feet. However, a certification from the Chairperson of the City Planning Commission may be applied for pursuant to ZR Section 132-51 to exceed the 40-foot maximum street wall width, provided the conditions set forth in the Section are met. In addition, ZR Section 132-51 provides that a certification that has been granted pursuant to that Section will lapse if substantial construction has not been completed within one year of the effective date of the certification.

 

Proposed Rule

 

The proposed rule (1) describes the process for the submission and review of applications for certifications to allow a limited increase in street wall width pursuant to ZR Section 132-51, and (2) clarifies the lapse provision contained within ZR Section 132-51 and the effect of a lapse for the purposes of ZR 132-51(c)(2).

 

1) Application Process

 

Given that only a limited number of expansions may be available for approval within a particular geographic area, and that multiple applications within a particular geographic area may be simultaneously pending, the rule sets forth procedures to ensure that all applications are reviewed and processed in a predictable, fair and orderly manner. Specifically, the proposed rule requires that:

a)    Draft applications must be submitted for pre-filing review.

b)    Draft applications will be reviewed in order of receipt.

c)    The applicant may only formally file an application upon notification that the draft application is considered complete.

d)    Complete filed applications for establishments within the same set of geographic boundaries will be reviewed in order of application filing date and time.

 

2)    Lapse

 

The proposed rule also describes the effect of a lapse of a certification granted pursuant to ZR Section 132-51, or the lapse of an authorization granted pursuant to ZR Section 132-52, for the purposes of ZR Section 132-51(c)(2). In addition, the proposed rule defines “substantial construction” for the purposes of ZR Section 132-51.

 

 

Subject: 

Opportunity to comment on proposed Department of City Planning rule concerning applications for certification for limited increases in maximum frontage limits in the Upper West Side Enhanced Commercial District

Location: 
3rd Floor Conference Room
22 Reade Street
New York, NY 10007
Contact: 

Barak Wrobel,
22 Reade Street, New York, NY 10007.
bwrobel@planning.nyc.gov

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, October 19, 2011
Proposed Rules Content: 



 Click here (.pdf) for the complete text of the proposed rule.