Rules for the Processing of Applications for FRESH Certifications Pursuant to Section 63-30 of the Zoning Resolution of the City of New York

RCNY tit. 62, ch. 12

in effect

62 RCNY § 12-01 Scope.

§ 12-01 Scope. This chapter governs the queuing of applications for the Food Retail Expansion to Support Health Program ("FRESH") pursuant to §§ 63-00 et seq. of the Zoning Resolution as well as the effect such queuing has on closed projects, terminated applications, and lapsed certifications related to such program. This chapter does not apply to a FRESH Food Store that has received a prior Certification which has not lapsed pursuant to § 63-30 of the Zoning Resolution, where such FRESH Food Store is the subject of a new Application but is not seeking any FRESH Residential Floor Area beyond the amount previously certified, as such terms are defined in this chapter. (Added City Record 2/17/2022, eff. 3/19/2022)

62 RCNY § 12-02 Definitions.

§ 12-02 Definitions. For the purposes of this chapter: Application. The term "Application" means materials filed with the Department pursuant to 62 RCNY § 10-09 to obtain a Certification in connection with a project. Certification. The term "Certification" means a Certification by the Chair of the Commission pursuant to section 63-30 of the Zoning Resolution for a FRESH Food Store. Commission. The term "Commission" means the City Planning Commission. Department. The term "Department" means the Department of City Planning. FRESH. The term "FRESH" means the Food Retail Expansion to Support Health Program pursuant to §§ 63-00 et seq. of the Zoning Resolution. FRESH Application Statement ("FAS"). The term "FRESH Application Statement" or "FAS" means a PAS in accordance with 62 RCNY § 10-04 or, if the Department determines that such statement is not necessary, a draft land use application in accordance with 62 RCNY § 10-07, both of which are submitted in connection with a prospective Application. FRESH Food Store. The term "Fresh Food Store" shall have the same meaning as that term is defined in section 63-01 of the Zoning Resolution. FRESH Residential Floor Area. The term "FRESH Residential Floor Area" means the additional residential floor area permitted in accordance with this chapter and section 63-21 of the Zoning Resolution as a result of the provision of "FRESH Food Store Floor Area," as that term is defined in section 63-01 of the Zoning Resolution. Pre-Application Statement ("PAS"). The term "Pre-Application Statement" or "PAS" means the Pre-Application Statement described in 62 RCNY § 10-04. Queue. The term "Queue" means a list of projects ranked relative to each other in the order in which the Department received the FAS for each such project, subject to the provisions of this chapter. Radius. The term "Radius" means a half-mile radius measured from zoning lots of the proposed FRESH Food Store where the total FRESH Residential Floor Area for all FRESH Food Stores within such radius may not exceed more than 40,000 sq ft. A FRESH Food Store with FRESH Residential Floor Area will be deemed to be included in such radius if any portion of such store's zoning lot is located within such radius. (Added City Record 2/17/2022, eff. 3/19/2022)

62 RCNY § 12-03 Review and Queuing of Applications.

§ 12-03 Review and Queuing of Applications. (a) The Department will queue all projects in the order that their respective FAS was received by the Department, provided that, with respect to an FAS that is a PAS, such PAS has been determined by the Department to be complete in accordance with 62 RCNY § 10-04(b). (b) When two or more projects, including the proposed project, are located within a Radius and the total of FRESH Residential Floor Area among them exceeds 40,000 sq ft, the project for which an FAS was first received and is deemed in compliance with this title will have priority to obtain all of its requested FRESH Residential Floor Area. The project that is next in the Queue will then have priority to obtain all the remaining FRESH Residential Floor Area within such Radius which has not been claimed by a project earlier in the Queue. The use of remaining FRESH Residential Floor Area unclaimed by projects earlier in the Queue will continue in this manner for subsequent projects until there is no additional unclaimed FRESH Residential Floor Area within the Radius. (c) After a project has been added to the Queue, if there is no response from the project sponsor within two (2) months after the interdivisional meeting, held in accordance with 62 RCNY § 10-05, or the last communication of instructions from the Department, whichever is later, the Department will notify the project sponsor that its project will be placed on hold if it does not respond within a specified period of time from such notice. If the project sponsor responds within the specified timeframe but does not provide the requested materials, if any, within thirty (30) days of such response, the project will be placed on hold. If a project is on hold for twelve (12) months, the project record will be closed or the corresponding Application terminated, as applicable, and the project will be removed from the Queue. The previously claimed FRESH Residential Floor Area corresponding to the removed project will then be available to projects remaining in the Queue. For terminated Applications, if the Department permits the applicant to proceed directly to filing a new Application, the Department will place such Application in the Queue in accordance with subdivision (a) of this section as if such Application were a new FAS. (Added City Record 2/17/2022, eff. 3/19/2022)

62 RCNY § 12-04 Effect of Lapse of Certification.

§ 12-04 Effect of Lapse of Certification. If a Certification lapses pursuant to section 63-30 of the Zoning Resolution, the amount of FRESH Residential Floor Area permitted by such Certification becomes available for other projects within the same Radius as the project with the lapsed building permit. The project sponsor may reapply for FRESH Residential Floor Area but must submit a new FAS Queued in accordance with 62 RCNY § 12-03. (Added City Record 2/17/2022, eff. 3/19/2022)

Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-132368Fetched: 10/24/2026