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(a) Permit Required.
(1) The Commissioner may issue permits for the placement or installation of flood mitigation systems as defined in this section and temporary structures for security purposes to be placed on sidewalks or roadways in accordance with this section.
(2) It shall be a violation of these rules to erect, place or install the following on a sidewalk or roadway without a revocable consent pursuant to 34 RCNY Chapter 7 or a permit pursuant to this section:
(i) a temporary structure for security purposes; or
(ii) any component part of a flood mitigation system unless such component part is a permitted encroachment pursuant to Chapter 32 of the New York City Building Code.
(b) Permit Requirements. All permits are subject to applicable provisions contained in 34 RCNY § 2-02.
(c) Definitions.
(1) Flood Mitigation System. The term "flood mitigation system" means a group of interconnected component parts, including barriers, walls, and/or any ancillary structure such as stairs or ramps necessary for ingress or egress, that surround a building, portion of a building, or public service corporation facility, and are certified by a New York State Licensed Professional Engineer as being capable of preventing water from entering the building, portion of a building, or public service corporation facility during a trigger event. A flood mitigation system may or may not include flood mitigation system footings.
(2) Flood Mitigation System Footing. The term "flood mitigation system footing" means an at or below ground component part of a flood mitigation system that must remain in place at all times in order to expedite the installation of the remaining elements of the flood mitigation system.
(3) Trigger Event. The term "trigger event" means a hurricane, tropical storm, non-tropical storm, or other severe weather event forecasted to affect the City of New York and result in moderate or major flooding, as such terms are used by the National Weather Service and/or National Hurricane Center through the issuance of Hazardous Weather Outlook advisories or other advisory methods.
(d) Temporary Security Structures.
(1) Notwithstanding any inconsistent provision of these or any other rules, the Commissioner may issue a permit for a period of one year for temporary structures to be placed on sidewalks or roadways for security purposes. Such structures shall include, but not be limited to, concrete barricades, large planters and fencing.
(3) A permit issued pursuant to this subdivision may be revoked or modified at will by the Department.
(4) Such permit may be renewed for a maximum of two consecutive six-month periods. The approval of the Public Design Commission of the City of New York shall be obtained prior to the grant of a renewal.
(5) At the expiration of the permit and any renewal, if applicable, the person or entity wishing to continue to maintain such structures shall do so only pursuant to a revocable consent obtained from the Department pursuant to 34 RCNY § 7-04(a)(33).
(e) Flood Mitigation Systems.
(1) (i) Notwithstanding any inconsistent provision of these or any other Department rules, the Commissioner may issue a permit for a flood mitigation system to be placed on a sidewalk or roadway, except where such system is a permitted encroachment pursuant to Chapter 32 of the New York City Building Code.
(ii) Except in the case of a public service corporation facility, the Commissioner will only issue a permit pursuant to this section to an applicant:
(a) for the protection of a building or a portion of a building erected prior to January 8, 2015 or where a lawful building permit is issued by the Department of Buildings for the erection of such building prior to January 8, 2016; or
(b) for the protection of a building or portion of a building located within an area of special flood hazard, as such term is defined in section G201.2 of Appendix G of the New York City Building Code.
(iii) Notwithstanding any inconsistent provision of these or any other rules, for the purposes of this subdivision, the general conditions in 34 RCNY § 7-06 shall apply to flood mitigation systems.
(iv) Prior approvals. As a condition of applying for a permit pursuant to this paragraph, the applicant must submit to the Department evidence of the following prior approvals:
(a) Applicants shall provide evidence of approvals or of no objection obtained from the New York City Department of Buildings and the New York City Fire Department, and shall submit such evidence to the Department.
(b) Applicants must submit to the Department for review and approval a flood mitigation system plan ("Flood Mitigation Plan"). The Flood Mitigation Plan must explain how the flood mitigation system will operate and demonstrate compliance with the general conditions set forth in 34 RCNY § 7-06, including but not limited to the clear path requirements set forth in 34 RCNY § 7-06(c)(3), as described in clause c of this subparagraph. The Department will notify the applicant in writing whether the Flood Mitigation Plan has been approved or rejected and whether additional information is required for approval. The Department will consult with the Department of Environmental Protection and any other agency the Department deems necessary or desirable regarding an application for a permit for a flood mitigation system prior to its approval of such application. Approval of a Flood Mitigation Plan may be suspended or revoked by the Department at any time. If approval is suspended or revoked pursuant to this paragraph, the Department will notify the applicant in writing, stating its reasons for such action.
(c) Clear Path Requirements.
(1) Permittees have a continuing obligation to comply with the clear path requirements set forth in 34 RCNY § 7-06(c)(3). Applicants for a permit pursuant to this paragraph must demonstrate compliance with such clear path requirements. In the event that field conditions will not allow for a flood mitigation system, once installed, to comply with such clear path requirements, the applicant shall cause a New York State Licensed Professional Engineer to produce and submit to the Department for review and approval, an authorized compliance plan for the maintenance and protection of traffic to assist motorists, pedestrians, bicyclists, and others to proceed around the obstructed path ("Compliance Plan"). Permittees shall comply with the Compliance Plan at all times that a permit is in effect.
(2) In the event that a flood mitigation system, once installed, will no longer comply with the clear path requirements set forth in 34 RCNY § 7-06(c)(3) due to a change in conditions since the Flood Mitigation Plan was approved, the applicant shall notify the Department no less than ten days after the applicant knew or should have known of such changed condition. The Department may require the applicant to submit additional information, including an amended Flood Mitigation Plan and Compliance Plan.
(d) The Department will notify the applicant in writing once the prior approval requirements of this subparagraph (iv) have been met.
(v) Once a trigger event has occurred and prior to installation of flood mitigation system components, exclusive of flood mitigation system footings, applicants must apply to the Department for an emergency permit number. Applicants must ensure that at the time of the application for such number, all prior approvals required in subparagraph (iv) of this paragraph have been obtained, and the flood mitigation system, once installed, will comply with the clear path requirements set forth in Section 7-06(c)(3). No installation of a flood mitigation system, exclusive of flood mitigation system footings, may begin before the receipt of an emergency permit number, provided that an application for a permit pursuant to this subparagraph shall be deemed approved unless the Department notifies the applicant that such applicant's Flood Mitigation Plan needs to be revised within forty-eight (48) hours of submitting such application.
(vi) Installation and Removal of Flood Mitigation Systems.
(a) Permittee may install flood mitigation system components, exclusive of flood mitigation system footings, a maximum of seventy-two (72) hours prior to the occurrence of a trigger event.
(b) Permittee shall remove flood mitigation system components, exclusive of flood mitigation system footings, that it installed prior to the occurrence of a trigger event, within forty-eight (48) hours of water receding from the street, or if the weather system that is the subject of the trigger event is no longer forecasted to affect the City of New York, or such weather system is no longer predicted to result in moderate or major flooding, within forty-eight (48) hours of the change in forecast or prediction.
(2) Additional Authorizations Required for Flood Mitigation System Footings. In addition to receiving a permit in accordance with paragraph (1) above, no person shall install flood mitigation system footings upon a sidewalk or roadway, unless such flood mitigation system footing is a permitted encroachment pursuant to Chapter 32 of the New York City Building Code, without first obtaining from the Department either:
(i) A revocable consent for the flood mitigation system footings pursuant to 34 RCNY § 7-04; or
(ii) A permit issued for a period of not more than one year for the flood mitigation system footings, at the expiration of which the flood mitigation system footings shall be removed if a revocable consent pursuant to 34 RCNY § 7-04 is not obtained.
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