Hurricane & Flood Forms

Notice For Properties Located Within The Special Flood Hazard Areas

The attached property or portions of the property is located within a Special Flood Hazard Area as designated by the National Flood Insurance Program’s Flood Insurance rate map. Properties located in these areas have additional regulations in regards to building construction. Additionally damages were incurred in this area during the storm in 2012.

After a natural disaster, FEMA requires that the town complete a rapid assessment of all structures that have been damaged. These rapid assessments are not intended to serve as a full analysis of the damage to the dwelling. In part, this assessment is to determine the relative safety of the structure and the necessity for building permits. Upon assessment properties were given color designations of GREEN for no damage incurred, YELLOW for possible minor to moderate damage and RED for possible moderate to substantial damage. These reports are located with building permit files to repair such damage.

Property assessments for properties which have not yet filed a repair permit are available to view by FOIL request.

Properties which have submitted proof of no damage are filed with the properties most recent building permit issued.

Please note, by law, the requirements for permits cannot be waived for any reason including natural disasters. A building permit shall be required for any work which must conform to the Uniform Code and/or the Energy Code, including, but not limited to, the repair, construction, enlargement, alteration, improvement, removal, relocation or demolition of any building or structure or any portion thereof. This would include the removal and replacement of sheetrock and insulation.

Further information regarding construction in the special flood hazard area should be directed to the plan examiners office. Plan Examiner hours are 8 AM to 4:45 PM, Monday through Friday. We encourage you to make an appointment with a Plan Examiner for storm-related damage permits, applications or inquiries by calling (516) 812-3073. Please see the back of this information sheet to ascertain what documents are need for your scheduled appointment with the

SCHEDULING OF AN APPOINTMENT WITH A PLAN EXAMINER REGARDING PROPERTIES IN A SPECIAL FLOOD HAZARD AREA

Locations and structures are variegated and diverse within the Town of Hempstead. Below is a listing of generalized questions and scenarios for properties located within Special Flood Hazard Areas. Although the following items are not required to schedule a meeting with a plan examiner, they will be helpful in assisting you.

Kindly bring in a copy of the Building Department Record Search Sheet, Real Estate Property Information Sheet, Proof of Loss from flood insurance, NY Rising funding documents(ECR and AA), or flood claim history from the4 NFIP (call 1-866-395-7496) to your scheduled appointment with a plan examiner.
Kindly bring in the flood claim history showing no loss from the NFIP (call 1-866-395-7496), complete a no flood affidavit (document can be obtained at the Application Desk) to your scheduled appointment with a plan examiner.
View Notice For All Properties Located Within The Special Flood Hazard Areas.
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View Property Condition Disclosure Statement.
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Notice for Work on Existing Buildings in Special Flood Hazard Areas Substantial Improvement / Substantial Damage Worksheets

The Town of Hempstead’s floodplain management regulations and codes as required by the Federal Emergency Management Agency specify that all new buildings to be constructed in Special Flood Hazard Areas (SFHAs) (regulated floodplains) are required to have their lowest floors elevated to or above the base flood elevation (BFE). The regulations also specify that substantial improvement of existing buildings (remodeling, rehabilitation, improvement, or addition) or buildings that have sustained substantial damage must be brought into compliance with the requirements for new construction. Please note that a building may be substantially damaged by any cause, including fire, flood, high wind, seismic activity, land movement, or neglect. It is important to note that all costs to repair a substantially damaged building to its pre-damage condition must be identified.

There are several aspects that must be addressed to achieve compliance with the floodplain management requirements. The requirements depend on several factors, including the flood zone at your property. The most significant compliance requirement is that the lowest floor, as defined in the regulations/code, must be elevated to or above the BFE. Please plan to meet with this department to review your proposed project, to go over the requirements, and to discuss how to bring your building into compliance. Our regulations define these terms: Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to it’sbefore damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the “start of construction’’ of the improvement. This term includes structures that have incurred “substantial damage," regardless of the actual repair work performed. The term does not, however, include either:

  1. Any project for improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications that have been identified by the local code enforcement official and that are the minimum necessary to assure safe living conditions or
  2. Any alteration of a “historic structure," provided that the alteration will not preclude the structure’s continued designation as a “historic structure."

To make the substantial improvement determination or the substantial damage determination, we compare the cost of the proposed improvement or repairs to the market value of the building (excluding land, accessory structures, and landscaping). If the resulting ratio equals or exceeds 50 percent, the existing building must be brought into compliance with the floodplain management requirements for new buildings.

Cost of Improvement and/or Cost to Repair to Pre-Damaged Condition > 50%
Market Value of Building

Please note:

  • You must provide estimates of the cost to perform the proposed improvements or repairs. If your building has been damaged, the cost estimate must include all work required to repair the building to its pre-damage condition. If a claim has been paid by the National Flood Insurance Program, then the amount of the claim paid for building only is the cost of the repair. The cost estimate for alterations must include all labor and materials. If the work will be done by a contractor, the contractor’s overhead and profit must be included. If the work will be done by the owner or volunteers, market rates must be used to estimate the cost of materials and the value of labor. Attached to this notice is a list of costs that must be included and costs that are excluded. The cost estimates are required to be broken down to show all materials and labor estimates and must be detailed in conjunction with the construction plans submitted.
  • We use the tax assessment value of your building as the estimate of the market value of the building before the work is performed which may be obtained at the NCDA, 240 Old Country Road, Mineola. ONLY IF REQUESTED BY THIS DEPARTMENT you may submit a market value appraisal of the building that is prepared by a professional licensed appraiser according to standard practices of the profession ONLY IF REQUESTED BY THIS DEPARTMENT. We will review the appraisal to determine that it accurately describes your building and does not include the value of the land, accessory buildings, and landscaping ONLY IF REQUESTED BY THIS DEPARTMENT. Do note that all professional appraisals ARE FORWARDED TO THE NASSAU COUNTY DEPARTMENT OF ASSESSMENT FOR TAX REVIEW.
  • The following documents are required (All estimates are to be from the specific trades and may not be presented by only the general contractor) –

    Cost estimate from the contractor
    Cost estimate from the Town of Hempstead Licensed Master Electrician
    Cost estimate from the Town of Hempstead Licensed Master Plumber
    Cost estimate from the Heating and Ventilation Contractor Proof of Loss from the insurance carrier (for structures that have sustained damages)
    Flood claim history from the NFIP. Call 1-866-395-7496 (for structures that have sustained damages)

Once all required documents are submitted, the department will review the cost of the repair, improvement or repair/improvement to determine if the overall cost equal or exceeds fifty percent of the fair market value for the structure only, notify the applicant of the determination and the plan examiner will request a meeting be scheduled to review options (such a reduction in scope of work for improvement projects) and explain the appeal process through the Board of Zoning Appeals.

If you have any questions regarding this information, please contact the Plan Examiner of record.

View Notice for Work on Existing Buildings in Special Flood Hazard Areas Substantial Improvement / Substantial Damage Worksheets.
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Filing Instructions For Building Permits For Direct Replacement Or Repair Of Minor Storm/Flood/Wind Damage

  1. A completed Building Permit application form. All portions of the form must be completed.
  2. Three (3) copies of an unaltered survey by a licensed land surveyor, showing the plot and all existing buildings and structures. Two (2) copies of a plot plan. Plot Plan is to show the location of the storm damage and setbacks to such.
    SURVEYS, PLOT PLANS ANS PREVIOUSLY APPROVED CONSTRUCTION DRAWINGS WILL BE PROVIDED BY THE DEPARTMENT OF BUILDINGS IF ON FILE.
  3. An affidavit of no plumbing and electrical is required with all applications for repairs of a limited scope with no electric or plumbing work associated with the project.
  4. A letter from a licensed Professional Engineer or Registered Architect indicating the scope of the work or repair OR two (2) sets of complete and comprehensive construction drawings suitable for a New York State Code Review.
  5. For work to be done, a Certificate of Worker’s Compensation from your contractor will be required, as well as the names and license numbers of your plumber and electrician to secure a building permit after your application has been approved.
  6. Once a Building Permit is issued, a plumbing permit must be filed by a Town of Hempstead Licensed Master Plumber for replacement of plumbing fixtures or for the heating system.
  7. Once a Building Permit is issued, an Electrical Certificate must be obtained from an approved Electrical Inspection Agency for any replacement of electrical.
  8. The fees will be waived for all applications of repair or direct replacement of work in conjunction with storm damage from Hurricane Sandy. NOTE: NY Rising applicants must also submit a copy of the Estimated Cost of Repair (ECR) and Allowable Activities (AA).
View Filing Instructions For Building Permits For Direct Replacement Or Repair Of Minor Storm/Flood/Wind Damage.
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Costs That Must be Included/Excluded in SI/SD Determinations

Items that must be included in the costs of improvement and the costs to repair are those that are directly associated with the building. The following list of costs that must be included is not intended to be exhaustive, but characterizes the types of costs that must be included:

  • Materials and labor, including the estimated value of donated or discounted materials and owner or volunteer labor
  • Site preparation related to the improvement or repair (e.g., foundation excavation or filling in basements)
  • Demolition and construction debris disposal
  • Labor and other costs associated with demolishing, moving, or altering building components to accommodate improvements, additions, and making repairs
  • Costs associated with complying with any other regulations or code requirement that is triggered by the work, including costs to comply with the requirements of the Americans with Disabilities Act (ADA) n Costs associated with elevating a structure when the proposed elevation is lower than the BFE
  • Construction management and supervision n Contractor’s overhead and profit n Sales taxes on materials
  • Structural elements and exterior finishes, including: n Foundations (e.g., spread or continuous foundation footings, perimeter walls, chain-walls, pilings, columns, posts, etc.) n Monolithic or other types of concrete slabs n Bearing walls, tie beams, trusses n Joists, beams, sub-flooring, framing, ceilings n Interior nonbearing walls n Exterior finishes (e.g., brick, stucco, siding, painting, and trim)
  • Windows and exterior doors n Roofing, gutters, and downspouts n Hardware n Attached decks and porches
  • Interior finish elements, including: n Floor finishes (e.g., hardwood, ceramic, vinyl, linoleum, stone, and wall-to-wall carpet over sub-flooring)
  • Bathroom tiling and fixtures n Wall finishes (e.g., drywall, paint, stucco, plaster, paneling, and marble)
  • Built-in cabinets (e.g., kitchen, utility, entertainment, storage, and bathroom)
  • Interior doors Interior finish carpentry
  • Built-in bookcases and furniture
  • Hardware
  • Insulation
  • Utility and service equipment, including:
    • Heating, ventilation, and air conditioning (HVAC) equipment
    • Plumbing fixtures and piping
    • Electrical wiring, outlets, and switches
    • Light fixtures and ceiling fans n Security systems
    • Built-in appliances n Central vacuum systems
    • Water filtration, conditioning, and re-circulation systems

Costs That May be Excluded from SI/SD Determinations.

Items that can be excluded are those that are not directly associated with the building. The following list characterizes the types of costs that may be excluded:

  • Clean-up and trash removal
  • Costs to temporarily stabilize a building so that it is safe to enter to evaluate and identify required repairs
  • Costs to obtain or prepare plans and specifications
  • Land survey costs
  • Permit fees and inspection fees
  • Carpeting and re-carpeting installed over finished flooring such as wood or tiling n Outside improvements, including landscaping, irrigation, sidewalks, driveways, fences, yard lights, swimming pools, pool enclosures, and detached accessory structures (e.g., garages, sheds, and gazebos)
  • Costs required for the minimum necessary work to correct existing violations of health, safety, and sanitary codes
  • Plug-in appliances such as washing machines, dryers, and stoves
View Costs That Must be Included/Excluded in SI/SD Determinations
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View Printable Affidavits


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Page Modified: 03/02/2020 12:54:26