Proposed Rules: Closed to Comments (View Public Comments Received:1)
Statement of Basis and Purpose of Proposed Rule
The purpose of the proposed rules is to provide a framework for the issuance of permits and revocable consents for the installation and maintenance of systems for flood mitigation within the City’s right of way (i.e. public streets and sidewalks). In the aftermath of Superstorm Sandy, building owners across the City have expressed an interest in flood mitigation systems such as barriers and/or walls that would protect their buildings in instances of severe weather-related events that result in significant flooding.
Certain flood mitigation system designs may require the placement of components upon the City’s right of way. As such, the Department is proposing a rule that will add two categories of permits for any flood mitigation system that is to be placed upon or below sidewalks, or in some unique situations, roadways. Requirements, including New York City Department of Buildings and New York City Fire Department approvals, as well as timeframes for the installation and removal of flood mitigation system components during and after severe weather-related events, are also specified.
Flood mitigation system permits must be obtained for equipment that is placed in the City’s right of way that is intended for the protection of buildings, areas of buildings, public service corporation facilities, or transit facilities from flooding. New section 2-10(e)(1) permits will be required for the placement of all above-ground components of a flood mitigation system. New section 2-10(e)(2) permits will only be required for at or below-ground flood mitigation system components that will remain in place at all times in order to expedite installation of the necessary above-ground flood mitigation system components. New section 7-04(37) revocable consents will be required for any at or below-ground flood mitigation system components that will remain in place for longer than 365 days.
Additionally, provisions of the Highway Rules and Revocable Consent Rules are being reorganized and clarified to streamline the process by which the Department authorizes the installation of certain other structures throughout the City.
The proposed rule will achieve this goal by:
- Renaming section 2-10 of the Highway Rules to cover two specific types of temporary structures (i.e., security structures and flood mitigation systems) while also deleting provisions that are no longer applicable.
- Adding provisions in section 2-10 of the Highway Rules related to temporary flood mitigation systems and flood mitigation system footings.
- Clarifying the references to the Revocable Consent Rules as they relate to temporary security structures in section 2-10 of the Highway Rules.
- Moving the provision regarding non-electrical sidewalk sockets (i.e. flagpole sockets) to section 2-14 of the Highway Rules since these structures are not temporary and would not otherwise fit within the new framework of section 2-10.
- Moving the provisions relating to structures, such as planters and bicycle racks, that are currently in section 2-10 of the Highway Rules to section 7-04 of the Revocable Consent Rules.
- Adding a new paragraph in section 7-04 of the Revocable Consent Rules relating to flood mitigation system components.
DOT’s authority for these rules is found in sections 364 and 2903(b)of the New York City Charter and Title 19of the New York City Administrative Code.