N.Y.C. Admin. Code § BC G104: Section BC G104: Permits

G104.1 Required.

Any person, owner or owner's authorized agent who intends to conduct any development, as applicable pursuant to Section G102.1, within a flood hazard area, shall first make application to the commissioner and shall obtain the required permit in accordance with Section 28-105.1 of the Administrative Code, notwithstanding any exemption pursuant to Section 28-105.4 of the Administrative Code.

G104.2 Application for permit.

The applicant shall file an application in writing on a form furnished by the commissioner. The commissioner shall not approve such application unless the applicant submits all plans, details, data and documents demonstrating that the development complies with Sections G104.2.1 through G104.2.3 and all other provisions of this appendix.

G104.2.1 Flood zone compliance plans.

The permit application shall include flood zone compliance plans. Such plans shall include plans and drawings, shall be sealed by a registered design professional and shall include a site plan and the following information and any other data as may be required by the department:

1. Flood design class assigned according to ASCE 24;

2. A delineation of the flood hazard areas, including identification of the base flood elevation(s), design flood elevations and stillwater flood depth;

3. If applicable, the location of the regulatory floodway;

4. For all proposed structures, spot ground elevations at building corners and in 20-foot (6096 mm) or smaller intervals along the foundation footprint, or 1-foot (305 mm) contour elevations throughout the building site;

5. Proposed locations of water supply, sanitary sewer, and utilities;

6. Drainage patterns and facilities;

7. Foundation design details, including but not limited to:

7.1. Proposed elevation of the lowest floor including basement (for flood zone purposes) of all structures;

7.2. For crawl spaces and enclosed parking, storage and building access that are wet floodproofed below the design flood elevation, location and total net area of foundation openings in accordance with ASCE 24;

7.3. For dry floodproofed spaces in buildings or structures that are nonresidential (for flood zone purposes), the proposed elevation to which the enclosure will be dry floodproofed in accordance with ASCE 24;

7.4. Any proposed fill and excavation details ; and

7.5. In coastal high-hazard areas and coastal A-zones, the proposed elevation of the bottom of the lowest horizontal structural member of the lowest floor; and

8. For structures in coastal high-hazard areas or coastal A-zones, and for dry-floodproofed structures: flood loading and parameters including average velocity of water (V), debris impact load (F

i

), scour depths, and wave loads (F

t

or F

D

).

Exception: Applications for subdivisions shall comply with Section G302.

G104.2.2 Watercourse alteration.

The permit application shall include documentation required by Section G103.6 and, if applicable, a description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

G104.2.3 Certifications.

The permit application shall include the applicable certifications in accordance with Sections G104.2.3.1 through G104.2.3.3.

G104.2.3.1 A-Zones.

For construction in A-Zones, the permit application shall include the following certifications, as applicable:

1.

Wet floodproofing certification. For applications involving wet floodproofed enclosures below the design flood elevation, flood zone compliance plans shall include a certification by the applicant, as applicable to the scope of work proposed, that "in accordance with ASCE 24, the use of the enclosure is limited to the parking of vehicles, building access, or storage, and that the design incorporates openings to allow for the automatic entry and exit of floodwaters for equalization of hydrostatic flood forces and flood damage-resistant materials and techniques that minimize damage to a structure by floodwater."

2.

Dry floodproofing certification for nonresidential buildings. For applications involving dry floodproofed buildings and structures that are nonresidential (for flood zone purposes), flood zone compliance plans shall include a certification by the applicant that "the structure is designed to be dry floodproofed with walls that are substantially impermeable to the passage of water and that all walls, floors, and flood shields are designed to resist hydrostatic, hydrodynamic, and other flood-related loads, including the effects of buoyancy resulting from flooding to the elevation listed in Table 6-1 in accordance with ASCE 24."

3.

Utility certifications. For all applications involving utility or mechanical work, including applications where such work is to be filed in a separate, related application, flood zone compliance plans shall include a certification by the applicant that "all heating, ventilation, air conditioning, plumbing, electrical and other services facilities and equipment within the structure or site will be located or constructed so as to prevent water from entering or accumulating within the components during conditions of flooding in accordance with ASCE 24."

G104.2.3.2 Coastal high-hazard areas and coastal A-Zones.

For construction in coastal high-hazard areas and coastal A-Zones, the permit application shall include the following certifications, as applicable:

1.

Structural design certification. Flood zone compliance plans shall include a certification by the applicant that the "entire structure is designed in accordance with ASCE 24, including that the pile or column foundation and building or structure to be attached thereto is designed to be anchored to resist flotation, collapse and lateral movement due to the effects of wind and flood loads acting simultaneously on all building components, and other load requirements of Chapter 16 of the New York City Building Code."

2.

Breakaway wall certification. Where breakaway walls are provided, flood zone compliance plans shall include a certification by applicant that "the breakaway walls meet the load requirements of Section 5.3.3 of ASCE 7, are designed in accordance with ASCE 24, and are of an open lattice-type construction only."

3.

Utility certifications. For all applications involving utility or mechanical work, including applications where such work is to be filed in a separate, related application, flood zone compliance plans shall include a certification by the applicant that "all heating, ventilation, air conditioning, plumbing, electrical and other services, facilities and equipment within the structure or site will be located or constructed so as to prevent water from entering or accumulating within the components during conditions of flooding, in accordance with ASCE 24."

G104.2.3.3 Floodway encroachment certification.

For any floodway encroachment, including fill, new construction, substantial improvements and other development or land-disturbing activity, the applicant shall submit a certification, along with supporting technical data, demonstrating that such development will not cause any increase of the level of the base flood in accordance with the requirements of Section G103.5.

G104.3 Validity of permit.

The issuance of a permit under this appendix shall not be construed to be a permit for, or approval of, any violation of this appendix or any other provision of this code. The issuance of a permit based on submitted documents and information shall not prevent the commissioner from requiring the correction of errors. The commissioner is authorized to prevent occupancy or use of a structure or site that is in violation of this appendix or other provisions of this code.

G104.4 Expiration.

A permit shall become invalid if the proposed development is not commenced within 180 days after its issuance, or if the work authorized is suspended or abandoned for a period of 180 days after the work commences.

G104.5 Suspension or revocation.

The commissioner is authorized to suspend or revoke a permit issued under this appendix wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of this code, in accordance with Section 28-105 of the Administrative Code.

G104.6 Reinstatement.

Permit reinstatements for a permit that has expired pursuant to Section G104.4 shall be requested in writing. The commissioner is authorized to grant such reinstatement, provided that the work shall comply with all of the requirements of this appendix, including any revised FEMA FIRMs 360497 in effect at the time the application for reinstatement is made, and provided further that the applicant shall pay all reinstatement fees as required in Article 112 of Title 28 of the Administrative Code.*