Section 27-316
§ 27-316 Permit restrictions. Within special flood hazard areas, as
delineated in reference standard RS4-4, applications for permits shall
be subject to the following:
(a) Permissible uses and other measures to reduce flood losses shall
take precedence over any conflicting laws.
(b) Major repairs or alterations shall be with construction materials
and utility equipment that are resistant to flood damage, and use
construction methods and practices that will minimize flood damage.
(c) New and proposed construction or substantial improvements shall be
protected against flood damage, be designed (or modified) and anchored
to prevent flotation, collapse or lateral movements of the structure,
use construction materials and utility equipment that are resistant to
flood damage, and use construction methods and practices that will
minimize flood damage.
(d) New and proposed developments and construction shall minimize
flood damage, locate, elevate and construct all public utilities such as
gas, sewer, electrical and water systems to minimize or eliminate flood
damage, and provide adequate drainage so as to reduce exposure to flood
hazards.
(e) New or replacement water supply systems and/or sanitary sewage
systems shall be designed to minimize or eliminate infiltration of
floodwaters into the systems, and discharges from the systems into
floodwaters, and require on-site disposal systems to be located so as to
avoid impairment of them or contamination from them during flooding.
(f) Subdivision proposals and other proposed new developments and
construction shall (i) minimize flood damage, (ii) have all public
utilities, such as sewer, gas, electrical and water systems located and
constructed to minimize or eliminate flood damage, and (iii) provide
adequate drainage so as to reduce exposure to flood hazards.
(g) Upon placement of the lowest floor, or flood-proofing by any
means, the holder of any permit to which this section applies shall
submit to the department a certification of the elevation of the lowest
floor, or where applicable of the lowest flood-proofed elevation, in
relation to mean sea level. Provided, however, that in areas designated
as Zone V in reference RS 4-4, such permit holder shall certify to the
department the elevation, in relation to mean sea level, of the bottom
of the lowest structural member of the lowest floor. Such certification
shall be prepared by a registered architect or licensed professional
engineer.
(h) Compliance with the foregoing shall be accomplished in accordance
with sections 27-317, 27-317.1, 27-317.2, 27-550, 27-580, 27-652, 27-771
and 27-787 and subdivision (aa) of section 27-901 of this title and
reference standards RS 4-4 and RS 4-5.
Section 27-316.1
§ 27-316.1 Permit application contents. Applications for permits for
construction within special flood hazard areas, as delineated in
reference standard RS 4-4, shall contain the following information:
(a) the elevation in relation to mean sea level of the proposed lowest
floor (including basement or cellar);
(b) for non-residential structures, the elevation in relation to mean
sea level to which such structure will be flood-proofed;
(c) a certification from a registered architect or licensed
professional engineer that heating, ventilation, air conditioning,
plumbing, electrical and other services facilities within the structure
will be located or constructed so as to prevent water from entering or
accumulating within the components during conditions of flooding;
(d) for non-residential structures intended to be floodproofed, a
certification from a registered architect or licensed professional
engineer that the flood-proofing design and methods of construction of
such structure are in accordance with reference standard RS 4-5 and with
accepted standards of practice to make such structure watertight, with
walls substantially impermeable to the passage of water, and with
structural components having the capability of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy;
(e) for structures within Zone V, as delineated in reference standard
RS 4-4, a certification from a registered architect or licensed
professional engineer that the design and methods of construction of
such structure are in accordance with reference standard RS 4-5 and with
accepted standards of practice for meeting the requirements of
subdivision (f) of section 27-317 of this code; and
(f) a description, where applicable, of the extent to which any
watercourse will be altered or relocated as a result of the proposed
work.
Section 27-317
§ 27-317 Occupancy and construction restrictions. (a) Within special
flood hazard areas, as delineated in reference standard RS 4-4, no
building in occupancy group classification J1, J2 or J3 shall be
constructed or altered so as to have the lowest floor below the base
flood elevation.
(b) New construction or substantial improvements of non-residential
buildings within special flood hazard areas, as delineated in reference
standard RS 4-4, shall have the lowest floor elevated to or above the
base flood elevation; or, together with attendant utilities and sanitary
facilities, shall be floodproofed up to the level of the base flood
elevation, in accordance with the requirement of reference standard RS
4-5. Provided, however, that new construction or substantial
improvements of non-residential buildings within area designated as Zone
V in reference standard RS 4-4 shall meet the requirements of
subdivision (f) of this section.
(c) Any encroachment in the floodway, as delineated in reference
standard RS 4-4, including fill, new construction, substantial
improvement, or any other development that would result in any increase
in flood levels within the community during the occurrence of the base
flood discharge, shall be prohibited.
(d) Manufactured homes shall be anchored to resist flotation, collapse
or lateral movement and shall be elevated on a permanent foundation to
or above the base flood elevation or, when no base flood elevation has
been determined, two feet above the highest adjacent grade. Methods of
anchoring may include, but are not limited to, use of over-the-top or
frame ties to ground anchors. No park trailers or travel trailers shall
be permitted within special flood hazard areas, as delineated in
reference standard RS 4-4.
(e) In the case of alterations constituting a substantial improvement
to parts of non-residential and non-institutional buildings below the
base flood elevation, all parts below the base flood elevation need
comply with the applicable requirements of reference standard RS 4-5.
(f) All new construction and substantial improvements of buildings
within Zone V, as delineated in reference standard RS 4-4, shall be
performed pursuant to the provisions of RS 4-5. Such construction and
improvements shall have the lowest floor elevated on adequately anchored
pilings or columns and securely anchored to such piles or columns to
prevent flotation, collapse or lateral movement resulting from the
simultaneous action of wind and water loads on all building components,
and the lowest portion of the structural members of the lowest floor,
other than the pilings or columns, shall be elevated to or above the
base flood elevation. For purposes of this subdivision, wind and water
loading values shall each have a one percent chance of being equalled or
exceeded in any given year (one hundred year mean recurrence interval).
In addition:
(1) The installation of anchoring to anchored pilings or columns shall
be subject to controlled inspection.
(2) The space below the lowest floor shall be free of obstruction or,
alternatively, such space shall be constructed with break-away walls of
an open lattice type construction which is intended to collapse under
stress from abnormally high tides or wind driven water without
jeopardizing the structural support of the building. Such space shall
not be used for human habitation.
(3) The use of fill for structural support of buildings within Zone V
shall not be permitted.
(4) The man-made alteration of sand dunes within Zone V which would
increase potential flood damage to buildings shall not be permitted.
(5) All new construction within Zone V shall be located landward of
the reach of mean high tide.
(g) All new construction and substantial improvements of buildings
within Zone A, as delineated in reference standard RS 4-4 shall be
performed pursuant to the provisions of reference standard RS 4-5. Where
such construction or improvement is not floodproofed, any fully enclosed
space below the lowest floor that is subject to flooding, as defined in
section 27-317.1 of this code, shall be designed to equalize hydrostatic
flood forces on exterior walls automatically (without human
intervention) by allowing for the entry and exit of floodwaters. Design
for meeting this requirement shall be certified by a registered
architect or licensed professional engineer or shall meet or exceed the
following minimum criteria:
(1) A minimum of two openings, having a total net area of not less
than one square inch for every square foot of enclosed space subject to
flooding, shall be provided.
(2) The bottom of all openings shall be no higher than one foot above
grade.
(3) Openings may be equipped with screens, louvers, valves or other
coverings or devices provided that they permit the automatic entry and
exit of floodwaters.
(h) When used within special flood hazard areas, as delineated in
reference standard RS 4-4, breakaway walls shall have a design safe
loading resistance of not less than ten and no more than twenty pounds
per square foot. Use of a breakaway wall which exceeds a design safe
loading resistance of twenty pounds per square foot shall be permitted
only if a registered architect or licensed professional engineer
certifies that the proposed design meets the following conditions:
(1) Breakaway wall collapse will result from a water load less than
that which would occur during the base flood; and
(2) the elevated portion of the building and supporting foundation
system will not be subject to collapse, displacement, or other
structural damage due to the effects of wind and water loads acting
simultaneously on all building components (structural and
non-structural). Maximum wind and water loading values used in this
determination shall each have a one percent chance of being equalled or
exceeded in any given year (one hundred year mean recurrence interval).
Section 27-317.1
§ 27-317.1 Definitions for special flood hazard areas. The following
definitions shall supplement the definitions that appear in article two
of subchapter two of this chapter and shall apply only to the provisions
of article ten of subchapter four of this chapter and to the reference
standards contained therein:
AREA OF SPECIAL FLOOD HAZARD. The land in the flood plain delineated
in reference standard RS 4-4 as subject to a one percent or greater
chance of flooding in any given year. Such area is designated on the
Flood Insurance Rate Map (FIRM) as Zone A, AE, AH, A1-99, V, VE or
V1-30. Such area is also known as the base flood plain or one hundred
year flood plain.
BASEFLOOD. The flood having a one percent chance of being equalled or
exceed in any given year.
BASEFLOOD ELEVATION. The level (in feet) indicated on the Flood
Insurance Rate Map (FIRM).
BREAKAWAY WALL. A wall that is not part of the structural support of
the building to which it is attached and is intended through its design
and construction to collapse under specific later loading forces without
causing damage to the elevated portion of the building or the supporting
foundation system.
DEVELOPMENT. Any man-made change to improved or unimproved real
estate, including but not limited to buildings or other structures,
mining, dredging, filling, grading, paving, excavation or drilling
operations, located within the area of special flood hazard.
ELEVATED BUILDING. A non-basement building (i) constructed, in an area
designated as Zone A in reference standard RS 4-4, to have the top of
the elevated floor, or in an area designated as Zone V in reference
standard RS 4-4, to have the bottom of the lowest horizontal structural
member of the elevated floor elevated above the ground level by means of
pilings, columns (posts and piers), or shear walls parallel to the flow
of water, and (ii) adequately anchored so that the structural integrity
of such building is not impaired during a flood of up to the magnitude
of the base flood. In an area designated as Zone A in reference standard
RS 4-4, such term also includes a building elevated by means of fill or
solid foundation perimeter walls with openings sufficient to permit the
unimpeded movement of flood waters. In an area designated as Zone V in
reference standard RS 4-4, such term also includes a building otherwise
meeting the definition of "elevated building" in which the lower area is
enclosed by means of breakaway walls meeting the standards of
subdivision (h) of section 27-317 of this code.
FLOOD OR FLOODING. A general and temporary condition of partial or
complete inundation of normally dry land areas resulting from:
(1) the overflow of inland or tidal waters; or
(2) the unusual and rapid accumulation or runoff of surface waters
from any source.
FLOOD BOUNDARY AND FLOODWAY MAP (FBFM). An official map issued by the
Federal Emergency Management Agency on which the regulatory floodway
along water courses is delineated.
FLOOD HAZARD BOUNDARY MAP (FHBM). An official map issued by the
Federal Emergency Management Agency on which areas of special flood
hazard are delineated.
FLOOD INSURANCE RATE MAP (FIRM). The official map on which the Federal
Emergency Management Agency has delineated the areas of special flood
hazards. Such map includes the flood boundary and floodway map and the
flood hazard boundary map, as defined in this section.
FLOOD PLAIN. Any land area susceptible to being inundated by water
from any source (see "flood or flooding").
FLOODPROOFING. Any combination of structural and non-structural
additions, changes or adjustments to structures to reduce or eliminate
flood damage to real estate, improved real property, water and sanitary
utilities, or structures and their contents.
FLOODWAY OR REGULATORY FLOODWAY. The channel of a river or other
watercourse and the adjacent land areas that must be reserved in order
to discharge the base flood without cumulatively increasing the water
surface elevation more than one foot.
HIGHEST ADJACENT GRADE. The highest natural elevation of the ground
surface, prior to construction, next to the proposed walls of a
structure.
LOWEST FLOOR. The lowest level including cellar or basement of the
lowest enclosed area. For the purpose of this article, an unfinished or
flood resistant enclosure, usable solely for the parking of vehicles,
building access or storage in an area other than a basement, is not
considered a structure's lowest floor, provided that such enclosure
shall not be built so as to render the structure in violation of the
requirements of subdivision (g) of section 27-317 of this code.
MANUFACTURED HOME. A structure, transportable in one or more sections,
which is built on a permanent chassis and designed to be used with or
without a permanent foundation when connected to required utilities.
MIXED USE BUILDING. Any building occupied in part for residential use,
with one or more nonresidential uses located on a story below the lowest
story occupied entirely by such residential use.
NATIONAL GEODETIC VERTICAL DATUM (NGVD). A vertical control used as a
reference for establishing elevations within the flood plain, as
provided in section 27-158 of this code.
NEW CONSTRUCTION. Buildings for which the "start of construction"
commenced on or after November sixteenth, nineteen hundred eighty-three.
SAND DUNES. Naturally occurring accumulations of sand in ridges or
mounds landward of a beach.
START OF CONSTRUCTION. The date on which the building permits was
issued, provided, however, that the actual start of construction,
repair, reconstruction, placement or substantial improvement is within
one hundred eighty days of such date. "Actual start" means either the
first placement of permanent construction of a building on a site, such
as pile driving, the pouring of slabs or footings, or any work beyond
the stage of excavation; or, for a building without a cellar, basement
or poured footings, the first permanent framing or assembly of such
building or any part thereof on its piling or foundations. "Permanent
construction" does not include land preparation, such as clearing,
grading and filling; nor does it include excavation for a cellar,
basement, footings, piers or foundations or the erection of temporary
forms; nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units or
not as part of the main building.
SUBSTANTIAL IMPROVEMENT. Any repair, reconstruction, alteration, or
improvement of a building, the cost of which equals or exceeds fifty
percent of its market value either:
(1) before the alteration, improvement or repair is started, or
(2) if the building has been damaged and is being restored before such
damage occurred.
For the purposes of this definition, "substantial improvement" is
considered to occur when the first alteration of any wall, ceiling,
floor or other structural parts of the building commences, whether or
not that alteration affects the external dimensions of the building. The
term "substantial improvement" does not, however, include either:
(1) any project for improvement of a building to comply with state or
local health, sanitary or safety code specifications which are solely
necessary to assure safe conditions, or
(2) any alteration of a building designated as worthy of preservation
because of historic or architectural importance, or a building within an
area so designated by the landmarks preservation commission, or listed
on the national register of historic places or state inventory of
historic places.
ZONE A. A symbol used on the flood insurance rate map to designate an
area of special flood hazard without velocity (wave action). When not
shown on the flood insurance rate map, the water surface elevation may
be determined from available data by the registered architect or
licensed professional engineer of record.
ZONE V. A symbol used on the flood insurance rate map to designate an
area of special flood hazard with velocity (wave action). When not shown
on the flood insurance rate map, the water surface elevation may be
determined from available data by the registered architect or licensed
professional engineer of record.
Section 27-317.2
§ 27-317.2 Exceptions within special flood hazard areas. Mixed use
buildings may be constructed within Zone A, as delineated in reference
standard RS 4-4, with non-habitable portions below the base flood
elevation, provided all of the following conditions are met:
(a) The building is constructed so as to provide entrance access at or
above the base flood elevation.
(b) The portion of the building and all service equipment below the
base flood elevation are floodproofed, in accordance with reference
standard RS 4-5.
(c) No habitable room may be located in such cellar or basement.
(d) A water closet and/or a wash basin may be located in an enclosed
space not to exceed four feet by four feet six inches in such cellar or
basement, and no roughing therein shall be allowed to accommodate any
additional fixtures.
(e) No accessory kitchens shall be allowed in such cellar or basement;
however, one two-compartment laundry tray or similar appliance may be
installed outside the water closet compartment.
(f) The building permit application filed with the department of
buildings or the work permit application filed with the department of
ports, and trade shall state that:
(1) The premises is located within the special flood hazard area;
(2) The cellar or basement is located below the level of the base
flood elevation; and,
(3) No portion of the cellar or basement may be used for living
purposes.
(g) A deed restriction noting all of the above is to be recorded in
the county clerk's office and the page and liber number indicated on
either the building permit application and certificate of occupancy
filed with and issued by the department of buildings, or the work permit
application and the certificate of completion filed with and issued by
the department of ports and trade.
(For Table 4-1 see chapter 839 of the laws of 1986)
Notes:
Tabulated areas are given in sq. ft. and establish maximum gross area
permitted on any one story within a building or fire area. See section
27-303 and subdivision (e) of section 27-328 for permissible area
increases. Tabulated heights are given in feet and number of stories (in
parentheses)
{a} See section 27-297 for construction exemptions.
{b} See article eleven of subchapter seven of chapter one of this
title for area and height limitations of open parking structures.
{c} See paragraph two of subdivision (b) of section 27-548 for
grandstand limitations.
{d} See subdivision (c) of section 27-339 for area limitations for
existing office buildings one hundred feet or more in height with
mechanical ventilation and/or air-conditioning systems that serve floors
other than the floor on which the equipment is located.
{e} Spaces in occupancy group A solely due to their containing gas
distribution piping at pressure levels above fifteen psig may be
unsprinklered and conform with the area and height limitations set forth
in table 4-2, provided other fire protection requirements set forth in
section 27-404 and subchapters five and seventeen of chapter one of this
title are met.
{f} See section 27-954 for area limitations for buildings less than
seventy-five ft. in height.
{g} See subdivisions (u) and (v) of section 27-954 for requirements
pertaining to F-4 spaces within J-1 buildings, catering establishments
and banquet halls with occupant load of three hundred or more persons.
(For Table 4-2 see chapter 839 of the laws of 1986)
Notes:
Tabulated areas are given in square feet and establish maximum gross
area permitted on any one story within a building or fire area. See
section 27-303 for permissible area increases. Tabulated heights are
given in feet and number of stories (in parentheses).
{a} See section 27-297 for construction exemptions.
{b} See article eleven of subchapter seven of this chapter for area
and height limitations of open parking structures.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
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