§ 2-10 Temporary Installations for Flood Mitigation and Security Purposes.
RCNY § 2-10
(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.
(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.
(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.
(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.
(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.
