Section 883. Conceptual review  


Latest version.
  • 1.  The  office  at  the  request of the
      director may, at the request of any person proceeding in accordance with
      section eight hundred eighty-one of this article, provide  a  conceptual
      review  of  a  proposed business undertaking, project, or activity which
      may require multiple permits, which will take place in  phases  over  an
      extended  period  of time, or which will involve substantial expense for
      preparing detailed plans, specifications, and permit applications.  Each
      interested  state agency shall participate in the conceptual review; and
      the person shall provide such information in addition to  that  provided
      in  the  master  application  as  the  state  agencies  shall reasonably
      request.
        2. After consideration of the master application  and  any  additional
      information,  each  interested state agency shall render to the person a
      written conceptual review determination, which will provide an  official
      opinion  as  to  the  general  acceptability  of  the  proposed business
      undertaking, project, or activity and which will state all permits which
      such agency would require, the standards and conditions which would have
      to be met in order to obtain approval of such permits, and any  properly
      related circumstances or findings.
        3. Each interested state agency participating in the conceptual review
      shall render the written conceptual review determination within a period
      not  exceeding sixty days from the date fixed by the director, provided,
      however, that such period may be extended by the director at the request
      of an interested state agency  for  the  further  consideration  of  the
      master application and any additional information provided in accordance
      with  subdivision  one  of  this  section. The director shall advise the
      person having requested the conceptual review  of  such  extension,  the
      reasons  therefor,  and  the  revised  period  fixed by the director for
      rendering the conceptual review determination; and such person shall  be
      entitled to confer with the office and with any state agency having been
      granted  an  extension of time to ascertain what further information, if
      any, is required to facilitate the conceptual review determination.
        4. A conceptual review determination shall not relieve the person from
      the responsibility of  obtaining  any  required  permits  and  shall  be
      contingent  upon  the  submission of such detailed plans, specifications
      and information as may be required for permit applications. A conceptual
      review  determination  shall  remain  in  effect  indefinitely  for  the
      proposed  business undertaking, project, or activity as described in the
      master application and any additional information submitted as  part  of
      the   conceptual   review,   provided,   however,  that  if  new  permit
      requirements or related standards, over which  a  state  agency  has  no
      control  or  discretion  in  establishing  the  effective  date thereof,
      subsequently become effective, such new permit requirements or standards
      shall not be considered to have  been  part  of  the  conceptual  review
      determination.
        5.  The  office  shall  provide  in its rules for the procedures to be
      followed in the conduct of a conceptual review and shall coordinate  the
      delivery  of  conceptual  review determinations to the person, provided,
      however, that any state agency authorized to conduct a conceptual review
      under other provisions of law may, in consultation with the  person  and
      the  director, elect to follow such provisions with respect to rendering
      the conceptual review determination authorized by this section.
        * NB Authority of office terminated per § 893 December 31, 1995