§ 883 — Conceptual review

New York § 883

• Jurisdiction: New York
• Law EXC: Executive
• Art. 39: Office of Business Permits

Text

* § 883. Conceptual review. 1. The office at the request of the\ndirector may, at the request of any person proceeding in accordance with\nsection eight hundred eighty-one of this article, provide a conceptual\nreview of a proposed business undertaking, project, or activity which\nmay require multiple permits, which will take place in phases over an\nextended period of time, or which will involve substantial expense for\npreparing detailed plans, specifications, and permit applications. Each\ninterested state agency shall participate in the conceptual review; and\nthe person shall provide such information in addition to that provided\nin the master application as the state agencies shall reasonably\nrequest.\n 2. After consideration of the master application and any additional\ninformation, each interested state agency shall render to the person a\nwritten conceptual review determination, which will provide an official\nopinion as to the general acceptability of the proposed business\nundertaking, project, or activity and which will state all permits which\nsuch agency would require, the standards and conditions which would have\nto be met in order to obtain approval of such permits, and any properly\nrelated circumstances or findings.\n 3. Each interested state agency participating in the conceptual review\nshall render the written conceptual review determination within a period\nnot exceeding sixty days from the date fixed by the director, provided,\nhowever, that such period may be extended by the director at the request\nof an interested state agency for the further consideration of the\nmaster application and any additional information provided in accordance\nwith subdivision one of this section. The director shall advise the\nperson having requested the conceptual review of such extension, the\nreasons therefor, and the revised period fixed by the director for\nrendering the conceptual review determination; and such person shall be\nentitled to confer with the office and with any state agency having been\ngranted an extension of time to ascertain what further information, if\nany, is required to facilitate the conceptual review determination.\n 4. A conceptual review determination shall not relieve the person from\nthe responsibility of obtaining any required permits and shall be\ncontingent upon the submission of such detailed plans, specifications\nand information as may be required for permit applications. A conceptual\nreview determination shall remain in effect indefinitely for the\nproposed business undertaking, project, or activity as described in the\nmaster application and any additional information submitted as part of\nthe conceptual review, provided, however, that if new permit\nrequirements or related standards, over which a state agency has no\ncontrol or discretion in establishing the effective date thereof,\nsubsequently become effective, such new permit requirements or standards\nshall not be considered to have been part of the conceptual review\ndetermination.\n 5. The office shall provide in its rules for the procedures to be\nfollowed in the conduct of a conceptual review and shall coordinate the\ndelivery of conceptual review determinations to the person, provided,\nhowever, that any state agency authorized to conduct a conceptual review\nunder other provisions of law may, in consultation with the person and\nthe director, elect to follow such provisions with respect to rendering\nthe conceptual review determination authorized by this section.\n * NB Authority of office terminated per § 893 December 31, 1995\n