Requires local building departments to provide written notice to certain owners or occupants of real property, buildings or other structures stating that certain construction on such property, or certain substantial repairs to or improvements of existing buildings or structures on such property, or sustained substantial damage as a result of Superstorm Sandy, shall comply with applicable base flood elevation requirements as delineated on the currently effective flood insurance rate map or flood hazard boundary map issued by the federal emergency management agency; and requires such notice to be delivered no later than September 1, 2019.
STATE OF NEW YORK
________________________________________________________________________
5567
2019-2020 Regular Sessions
IN SENATE
May 7, 2019
___________
Introduced by Sen. BROOKS -- read twice and ordered printed, and when
printed to be committed to the Committee on Local Government
AN ACT to provide notice of base flood elevation requirements to certain
owners of property, buildings or other structures
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. 1. Each local building department shall provide written
2 notice to all owners or occupants of real property, buildings or other
3 structures in such department's respective county which are situated in
4 a special flood hazard area, who: (a) on or after October 22nd, 2012,
5 file an application for a building permit to construct a new building or
6 structure or to substantially repair or improve an existing building or
7 structure on such property; or (b) prior to October 22nd, 2012, was
8 issued a building permit to: (i) construct a new building or structure
9 which has not undergone substantial commencement of construction as of
10 such date, or (ii) substantially repair or improve an existing building
11 or structure on such property and the cost of such repair or improvement
12 exceeds fifty percent of the value of such building or structure, or
13 (iii) sustained substantial damage as a result of super storm Sandy.
14 The notice shall state that such construction, or substantial repair or
15 improvement shall comply with applicable base flood elevation require-
16 ments as delineated on the currently effective flood insurance rate map
17 (FIRM) or flood hazard boundary map issued by the federal emergency
18 management agency. Such notice shall be delivered no later than Septem-
19 ber 1st, 2019.
20 2. For purposes of this act, the following terms shall have the
21 following meanings:
22 (a) "Special flood hazard area" shall mean any area subject to a one
23 percent or greater chance of flooding in any given year as determined by
24 the currently effective flood insurance rate map (FIRM) or flood hazard
25 boundary map issued by the federal emergency management agency.
26 (b) "Substantial commencement of construction" shall mean a foundation
27 has been completed for the construction of a new building or structure.
28 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10972-02-9