Common Deficiencies in Brownfield Cleanup Applications and Applications to Amend an Existing BCA
Below is a compilation of common BCP application deficiencies that will cause the application to be deemed incomplete and require a revised submission. Please refer to this document and the application instructions while preparing the application package.
General Requirements
- The application was not submitted per the guidance in the instructions.
- Application was submitted using an outdated application form.
- An electronic copy was not provided.
- If an electronic copy was provided:
- The electronic copy was not provided in the required format per the submittal instructions.
- PDF was submitted in fillable format OR PDF was submitted in locked format.
- It did not contain the requested attachments and/or their specifications.
- Direct answers to questions were not provided.
- Supplemental documentation was not provided.
- Supplemental documentation did not have applicable section headings to coincide with the structure of the BCP application form.
- Response referenced a voluminous report or other documents rather than clearly stating the response to the question.
Section I: Property Information
- The site was not properly identified:
- Tax map was not provided.
- Section, block, and lot numbers were not provided or were incomplete
- The proposed BCP site boundary did not correspond to the tax map parcel and a site map/description was not provided to show where the BCP site is within the tax map parcel.
- Adjacent parcel owners not properly identified.
- Property Description Narratives were not provided in the required format.
- An existing site number was determined to be associated with this application, yet the site number and site class were not provided.
- If the site is located within an En-zone, the En-zone census tract was not provided.
Section II: Project Description
- A timeline was not provided indicating when remedial program is to commence and the anticipated date of receipt of Certificate of Completion.
Section III: Land Use Factors
- The Site Description narrative does not identify possible contaminant source areas.
- Land Use Factor questions were left blank and/or without an attachment for questions requiring a written description.
- A narrative regarding the project's consistency with zoning laws and/or community master plans was not provided.
- If any portion of the site is vacant, the date by which the site became vacant was not provided.
Section IV: Property's Environmental History
- A required report was missing.
- A list of previous environmental reports included with the application was not provided.
Section V: Requestor Information
- The NYS Department of State print out of entity information was not included.
- The requestor name in the application and/or the requestor name in the signature block does not match exactly what is on the NYS Department of State print out.
- If the requestor is an LLC, the names of the members/owners were not provided as a separate attachment.
Section VI: Requestor Eligibility
- Appropriate explanation and documentation were not provided for questions answered in the affirmative.
- A volunteer statement was not included for requestors identifying as a Volunteer.
- Requestor relationship to property was not indicated.
- Adequate Proof of Site Access was not provided:
- The ability to place an easement on the site was not included in the Proof of Site Access.
- A lease agreement does not suffice as proof of access.
- Proof of Access must grant access to the applicant - it is not sufficient for access to be granted to a related or parent entity of the applicant.
- For a proposed site consisting of multiple tax parcels with multiple owners or if there are multiple requestors on the application, each requestor must be granted access by each owner.
Section VII: Requestor Contact Information
- Contact information in this section was not filled out in its entirety.
Section VIII: Program Fee
- If the requestor is seeking a waiver of the Program Fee, documentation to demonstrate financial hardship must be provided in support of the waiver request. This documentation should be in the form of documents such as federal tax returns with applicable schedules, financial statements and balance sheets, proof that the applicant has waived its right to tax credits, or any other documentation deemed acceptable by the Department.
Section IX: Current Property Owner and Operator Information
- Contact information in this section was not filled out in its entirety.
- Historical owner/operator last known dates of ownership/operation and/or contact information were not provided.
- Previous owner/operator contact list was not provided in list format. Providing this information in table format is helpful and recommended.
- List of previous owners/operators did not identify whether the entity was an owner or operator and/or did not indicate the requestor's relationship to each owner/operator.
Section X: Property Eligibility Information
- Appropriate explanation and documentation were not provided for questions answered in the affirmative.
Section XI: Site Contact List
- The Site Contact List was not provided in list format.
- List not provided or was missing the names and/or addresses of one or more required contacts.
- The document repository was not verified (i.e., an acknowledgement letter was not provided) and/or no address/contact information was provided.
Section XII: Statement of Certification and Signatures
- Only the applicant (requestor) may sign the application. If the requestor is a corporation or LLC, an authorized individual can sign the application.
- The entity populated on the signature page did not match the entity name in the NYS DOS database.
- The signature page of the application was not signed and/or dated.
Supplemental Questions for Sites Seeking Tangible Property Credits In NYC Only
- Supporting En-Zone documentation was not provided.
