N.Y. Comp. Codes R. & Regs. tit. 21 § 873.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 873.2 - Special permits

A special permit may be granted, or granted on stated conditions, provided:

(a) There is a clear balance in favor of the public interest in terms of the following environmental criteria:

(1) the importance of a facility to the community;

(2) the availability of alternative locations not subject to flooding for the proposed use;

(3) the compatibility of the proposed use with existing development and development anticipated in the foreseeable future;

(4) the relationship of the proposed use to any applicable comprehensive plan or flood plain management program for the area;

(5) the safety of access to the property in times of flood for ordinary and emergency vehicles;

(6) the expected heights, velocity, duration, rate of rise and sediment transport of the flood water expected at the site;

(7) the degree to which the proposed activity would alter natural water flow or water temperature;

(8) the degree to which archaeological or historic sites and structures, endangered or rare species of animals or plants, high quality wildlife habitats, scarce vegetation types, and other irreplaceable land types would be degraded or destroyed; and

(9) the degree to which the natural, scenic and aesthetic values at the proposed activity site could be retained.

(b) The project shall not:

(1) endanger human life;

(2) have high flood damage potential;

(3) obstruct flood flows nor increase flood heights or velocities unduly, whether acting alone or in combination with other uses;

(4) degrade significantly the water-carrying capacity of any delineated floodway or channel;

(5) increase significantly the rate of local runoff, erosion or sedimentation;

(6) degrade significantly the quality of surface water or the quality or quantity of ground water;

(7) be susceptible to flotation; and

(8) have service facilities installed below the elevation of the regulatory flood without being adequately flood-proofed.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 873.2