Press Release: City Planning Commission Approves Zoning for Coastal Flood Resiliency - DCP

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For Immediate Release
March 17, 2021

Contacts:
Melissa Grace, Joe Marvilli – press@planning.nyc.gov (212) 720-3471

City Planning Commission Approves Zoning for Coastal Flood Resiliency

Approval advances key citywide proposal to better protect the city and allow faster recovery from disasters, including storms, flooding and today’s COVID-19 pandemic

NEW YORK – City Planning Commission (CPC) Chair Marisa Lago today announced that the City Planning Commission approved Zoning for Coastal Flood Resiliency (ZCFR), citywide zoning rules that would result in all types of buildings being better able to withstand and recover from major disasters and sea level rise and which will also translate to lower flood insurance costs.

“ZCFR is a game-changer for the residents and businesses who call New York City’s floodplain their home. This citywide zoning overhaul is simultaneously broad and flexible enough to help our incredibly diverse communities and building types better withstand, and then recover more quickly from, storms like Sandy, as well as slowly rising sea levels. Thank you, ZCFR, for making our future and our city more sustainable,” said CPC Chair Marisa Lago.

Chair Lago’s full remarks at today’s vote can be found here.

The vote comes 8 years after Hurricane Sandy struck our shores, killed 43 New Yorkers and left $19 billion in damage to homes and businesses. The proposal, which now moves to the City Council for review and approval, updates and improves on emergency rules established in the wake of Sandy, and makes them permanent. These changes will help to better protect the 800,000 New Yorkers, and tens of thousands of affordable homes, businesses and jobs, located in the current and future floodplain.

Currently, buildings are restricted by zoning regulations that do not take resiliency into account and thus force New Yorkers to choose between interior space and resiliency improvements. ZCFR will make it easier for buildings to meet or exceed modern resiliency codes without sacrificing their basement, for example, by adding some much-needed zoning flexibility.

For example, with ZCFR, a NYCHA or Mitchell-Lama complex in Lower Manhattan or Manhattan Beach will be able to construct an elevated mechanical building in its yard to address the needs of the entire campus. A single- or two-family homeowner in the Rockaways doing substantial rehab or building anew will be entitled to additional overall building height to elevate their structure above the Base Flood Elevation, established by the U.S. Federal Emergency Management Agency (FEMA). An industrial business in the South Bronx will be allowed to build a mezzanine in buildings difficult to floodproof, giving them a space to safely store sensitive equipment or important files.

Critically, the proposal will also limit construction of new nursing homes in high-risk areas because of their vulnerable residents.

“These zoning changes will help make New York City’s coastal neighborhoods safer, stronger and better prepared for extreme weather. As climate change continues to worsen, it has never been more important to unlock new opportunities for New Yorkers who want to invest in the resiliency of their homes and neighborhoods,” said Jainey Bavishi, Director of the Mayor’s Office of Resiliency. “We applaud the City Planning Commission for their support of this proposal and look forward to its consideration by the City Council.”

“Bronx Community Board 10 supported the Zoning for Coastal Flood Resiliency because we know it will do well to protect vulnerable waterfront communities in our district. We thank DCP for its constant and open communication with our Board and community. We look forward to its official implementation,” said Matthew Cruz, District Manager of Bronx Community Board 10.

“Staten Island Community Board 1 is grateful for the hard work DCP has put into this proposal. Flooding issues have had awful impacts on our commercial and residential areas and it is our belief that the efforts effected by this resiliency plan will provide the relief necessary to protect our communities,” said Joseph Carroll, District Manager of Staten Island Community Board 1. “We do urge, however, that all property owners be made aware of the risks they are facing in the flood likely areas.”

After four years of intense community-engagement, the proposed changes received support from most Community Boards and Borough Presidents. It’s the result of more than 200 public meetings the Department of City Planning held with New Yorkers since 2016, garnering ideas and feedback to develop and strengthen the plan.

The proposal’s four main goals:

Encourage resiliency in the current and future floodplain: ZCFR would expand where flood resilient zoning provisions apply, so that buildings in both the city’s 1% annual chance floodplain and 0.2% annual chance floodplain, those areas of New York City that, by 2050, are also expected to have a 1% chance of a flood event in any given year, can meet or exceed the flood-resistant construction standards set by FEMA or NYC’s Building Code. This expanded floodplain increases the number of buildings that could be retrofitted to resiliency standards by nearly 50%, allowing building owners throughout the city’s floodplain to proactively raise living space and important equipment out of harm’s way.

Support long-term resilient design of all building types: Flexible zoning would allow building owners to raise habitable spaces and other building support features above expected flood elevations, without causing poorly designed, tall and narrow structures that don’t match neighboring homes. Regulations would incentivize active uses to be kept at the sidewalk level, and floodproofed ground floors with improved streetscapes.

Allow for adaptation over time through incremental retrofits: ZCFR would allow buildings to elevate or relocate important mechanical, electrical, and plumbing equipment, or backup systems like generators, above the expected height of floodwaters. This can be done either within the building, atop of the structure, or on a separate platform.

Facilitate future recovery by reducing regulatory obstacles: As seen by the COVID-19 pandemic, disasters arrive in all forms. Rather than writing new emergency provisions each time a crisis strikes, ZCFR would place recovery provisions in the Zoning Resolution, so they can be quickly selected based on the issues caused by the disaster and recovery period. These provisions include cutting down on red tape and paperwork, and allowing additional time for an affected, grandfathered business to reopen, even if it doesn’t conform with current zoning.

In addition to ZCFR, the CPC approved zoning changes in three neighborhoods as part of DCP’s Resilient Neighborhood Initiative – Gerritsen Beach and Sheepshead Bay in Brooklyn, and Old Howard Beach in Queens. These actions address resiliency challenges that are specific to the conditions found in these areas:

In Gerritsen Beach, zoning changes, including the establishment of a new Special Coastal Risk District, are proposed to limit future density and cap building heights at 25 feet above the flood elevation to more closely match the area’s built character.

In Sheepshead Bay, the existing Special Sheepshead Bay District would be updated to align it with ZCFR and prohibit below-grade plazas, which are prone to flooding.

In Old Howard Beach, zoning changes are proposed to limit the construction of attached homes, which are harder to retrofit and elevate than detached homes because of their shared walls.

The City Council will hold public hearings on all four these proposals, followed by votes later this spring.

“CHPC applauds the City Planning Commission for voting to approve Zoning for Coastal Flood Resiliency. These important zoning changes will help NYC neighborhoods better withstand flooding and storms, streamlining the path for New Yorkers to return home or reopen their business after a disaster,” said Jessica Katz, Executive Director of Citizens Housing & Planning Council.

I applaud the City Planning Commission for voting to approve Zoning for Coastal Flood Resiliency, the most progressive climate resiliency-focused land-use proposal of any city in the United States. The proposal should be a blueprint for other coastal cities to follow across the nation,” said Laurie Schoeman, National Director, Resiliency and Disaster Recovery, Enterprise Community Partners

"Now more than ever, we need land use rules and tools that allow for retrofits and development that reduce climate risks faced by communities and homeowners. By creating Zoning for Coastal Flood Resiliency, New York City is taking an important step in ensuring New York City is more resilient to the effects of climate change. We applaud the Commission’s vote in favor of this measure which helps foster a more resilient New York City and better enables the creation of natural shorelines,” said Cortney Worrall, President and CEO, Waterfront Alliance.

Department of City Planning
The Department of City Planning (DCP) plans for the strategic growth and development of the City through ground-up planning with communities, the development of land use policies and zoning regulations applicable citywide, and its contribution to the preparation of the City’s 10-year Capital Strategy. DCP promotes housing production and affordability, fosters economic development and coordinated investments in infrastructure and services, and supports resilient, sustainable communities across the five boroughs for a more equitable New York City.

In addition, DCP supports the City Planning Commission in its annual review of approximately 450 land use applications for a variety of discretionary approvals. The Department also assists both government agencies and the public by advising on strategic and capital planning and providing policy analysis, technical assistance and data relating to housing, transportation, community facilities, demography, zoning, urban design, waterfront areas and public open space.