New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Q - Adirondack Park Agency › Chapter II - Regulation of Land Use and Development and Subdivision of Land › Part 572 - Procedures for the Review of Projects › Section 572.3 - Preliminary consultations and preapplication conceptual review

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any sponsor of
				  a proposed large scale project may request preliminary consultations and an
				  informal assessment of the proposed project and site by the agency staff. A
				  general description of the proposed project and general information concerning
				  the project site should be provided. A sponsor may also request written
				  recommendations from agency staff.
(b)
(1) Any
				  project sponsor of a proposed large scale project may after preliminary
				  consultations and informal assessment with staff as provided in subdivision (a)
				  of this section request preapplication conceptual review by the regulatory
				  programs committee.
(2) Requests
				  for preapplication conceptual review shall be submitted in writing to the
				  deputy director- regulatory programs. The request shall include identification
				  of the project site and a statement of the goal(s) of the project, and any
				  reasonable alternative preliminary project designs which also achieve the
				  project goal(s). Should a project sponsor believe that no reasonable
				  alternatives exist which achieve the project goal(s), the project sponsor may
				  include a statement describing the reasons for such a conclusion. Upon receipt
				  of a conceptual review request, agency staff may provide an individualized
				  request for additional information regarding the project and any reasonable
				  alternatives which would achieve the project goal(s). Agency staff shall also
				  publish notice of the request for conceptual review in the Environmental Notice
				  Bulletin.
(3) The staff shall,
				  within 45 calendar days, review the materials once all the information agreed
				  to has been submitted and formulate recommendations to the regulatory programs
				  committee. The agency may solicit public comment on the project sponsor's
				  materials and the recommendations of staff. The staff recommendations to the
				  regulatory programs committee shall include consideration of the calculation of
				  the overall intensity guidelines, the compatibility of the project with the
				  land use area and community, and potential impacts of any alternatives under
				  consideration. The staff shall also recommend its preferred alternative, shall
				  identify any issues that should be addressed in the permit application as can
				  be identified in the information provided, suggest guidelines for the
				  development of the final plan, and make any other recommendations relevant to
				  impacts and approvability of the project or alternatives.
(4) Should staff conclude, within 45 calendar
				  days, that a project sponsor has provided insufficient information as part of a
				  request for conceptual review specified in paragraph (2) of this subdivision,
				  staff shall recommend to the regulatory programs committee that the committee
				  deny the applicant's request for conceptual review. The recommendation shall
				  specify the deficiency of the information provided regarding the project site,
				  goal(s) of the project, and/or reasonable alternative preliminary project
				  designs.
(5) The request for
				  preapplication conceptual review and the staff recommendation shall be
				  presented to the regulatory programs committee, which shall consider the matter
				  at a regularly scheduled meeting at which members of the general public are
				  invited to be heard. The agency shall provide reasonable prior notice to the
				  public of such meeting and of the opportunity to be heard. After the meeting,
				  and the expiration of an additional 30-day period for public comment, the
				  committee shall provide its recommendations in writing.
(6) The members of the committee shall
				  endeavor, through the formulation of consensus recommendations, to provide the
				  project sponsor as much guidance as possible in the design of the project to
				  conform with pertinent approval criteria.
(7) The amount and value of guidance which
				  can be expected in preliminary consultations and conceptual review is dependent
				  on the quality of the information provided. In this respect such information
				  (including when requested permission to enter upon the project site) will be
				  critical to that guidance; and, thus should be provided as soon as reasonably
				  practical.