Bill Text: NY S05567 | 2019-2020 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO LOCAL GOVERNMENT [S05567 Detail]

Download: New_York-2019-S05567-Introduced.html

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                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