§ 1-08 City Environmental Quality Review (CEQR)

§ 1-08.1 Subject Matter

Applications filed at the Board, in accordance with Mayoral Executive Order No. 91 of 1977, as amended, the Rules for City Environmental Quality Review, Title 62, Chapter 5, § 5-01 et seq. of the Rules of the City of New York ("CEQR"), and the State Environmental Quality Review Act ("SEQRA") regulations, 6 NYCRR Part 617, and any subsequent amendments thereto, are subject to SEQRA and CEQR as appropriate.

§ 1-08.2 Environmental Assessment Statement (EAS)

Applicants must complete the CEQR checklist provided by the Board. Pursuant to the checklist, if the application is for an action identified as a Type I or Unlisted Action, the application must be accompanied by an EAS. Applications accompanied by an EAS will receive a CEQR number that is different from the calendar number, and all CEQR submissions will refer to both numbers, where applicable. Applicants may request a pre-application conference with the Board to seek their assistance in determining what information is required and the potential scope of the environmental review of the proposed action, including whether a Type II submission may be appropriate.

§ 1-08.3 Application Referral

In accordance with § 1-10.6 of these Rules, the applicant must forward a copy of any written information including, but not limited to, the Type II checklist and the EAS and any subsequent modifications to the EAS to:

1. the affected community board(s) (and borough board, if applicable);
2. the affected city council member; and
3. the affected borough president.

In addition, the Board will send to the Office of Environmental Coordination (OEC) the notification of commencement of environmental review.

After forwarding all material, the applicant must provide proof of service to the Board in accordance with § 1-10.7 of these Rules.

§ 1-08.4 Examiners' Review

After the applicant files the application on the appropriate calendar, the Board will review the application and will notify the applicant, in writing, whether the application is complete or whether additional information is required. The Board may require additional information from the applicant that it deems necessary to determine whether or not the action will have a significant effect on the environment.

§ 1-08.5 Determination of Significance and Publication of Determination

1. Negative Declaration: If the CEQR determination of significance is a negative declaration, the Board will issue the declaration at the time the resolution regarding the proposed action is issued, and such negative declaration will be stated in the Board's resolution.


2. Conditional Negative Declaration: Proposed conditional negative declarations will be transmitted to the applicant in advance of the Board's resolution regarding the proposed action. Upon receipt of the applicant's signature and agreement to the prescribed conditions, the Board will publish the conditional negative declaration and the EAS in the City Record and any other required publications, followed by a thirty (30) day public comment period. If, after the comment period, the Board determines that a draft Environmental Impact Statement (EIS) is not required, the Board will issue its CEQR determination concurrently with the resolution on the proposed action, and the conditional negative declaration will be stated in the resolution. If the Board determines that a draft EIS is required, the Board will issue a positive declaration, and a draft EIS will be required.


3. Positive Declaration: If the CEQR determination is a positive declaration then the Board will issue such determination prior to its issuance of a resolution on the proposed action. Positive declarations will be transmitted to the applicant along with a request that the applicant prepare a draft EIS, in accordance with Mayoral Executive Order No. 91 of 1977, as amended, the Rules for City Environmental Quality Review, Title 62, Chapter 5, § 5-01 et seq. of the Rules of the City of New York ("CEQR"), and the State Environmental Quality Review Act regulations, 6 NYCRR Part 617 , and any subsequent amendments thereto.
   
   The Board's negative declarations, conditional negative declarations, and positive declarations will be circulated to the individuals and agencies required by the Rules for City Environmental Quality Review, Title 62, Chapter 6, § 6-07 (City Planning Commission Review) of the Rules of the City of New York.

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