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006 Mayor Olive January 31, 2011 • Page 3 Encroachment certification also referred to as "No rise" certification for properties located within FEMA designated Ooodways where applicable Documentation is also needed for any improvements permitted to the fioodplain properties identified above, along with an assessment, if applicable, that the improvement did not constitute a substantial improvement. Substantial improvement is the term applied to any reconstruction, rehabilitation, addition, or other improvement to a building, the cost of which equals or exceeds 50 percent of the market value of the building before the improvement. A related term, substantial damage, refers to damage to a building of any origin whereby the cost of restoring the building to its pre- damaged condition is equal to or exceeds 50 percent of the building's market value before the damage occurred. Substantially damaged or substantially improved structures must be brought into compliance with the same requirements that apply to post -FIRM structures. If the structures listed above were built prior to September 6, 1989, please provide information on the year built, and verification that the property was located within the jurisdictional limits of the City of Sanford at the start of construction. Ordinance Review The Flood Damage Prevention Ordinance (FDPO) revised and adopted by the City of Sanford in August 2006, is contained in Article 13, "Flood Hazard Area Regulations," of the Sanford- Broadway- Lee County Unified Development Ordinance (UDO). The City of Sanford has adopted a 2 foot • freeboard. Also, Section 6.6.6 prohibits creation of lots of major subdivisions in the Special Flood Hazard Area unless a minimum of 1,200 square feet of buildable area is located outside the SFHA boundary. Several minor issues were noted with Article 13 of the UDO, mainly incorrect citations /cross - references. These issues should not impact the community's ability to enforce the UDO. However, the City may wish to consult its attorney in this matter, especially if the recommended revisions are not made. Required Revisions • 13.4.4.1 appears to combine the final as -built elevation certificate and an interim elevation certificate within 21 days of the reference level being completed. It may be necessary to identify these requirements separately. Sample language is available in the State Model Ordinance and can be provided to the community. • 13.8.4.1.2 does not include text from Article 5, Section D(2)(b) of the State Model Ordinance. Please add "When Aoodway or non - encroachment data is available from a Federal, State, or other source, all new construction and substantial improvements within Floodway and non - encroachment areas shall also comply with the requirements of 13.8.2 and 13.8.6." Recommended Revisions • 13.4.4.3 should reference 13.8.2.1.3 rather than Article 5, Section B(3). • 13.5.1(e) should reference 13.8.6 rather than 13.8.5. Mail: Location: " 4719 Mail Service Center " ___ 1812 Tillery Place, Suite 105 • Raleigh, NC 27699 - 4719- 'telephone: leigh, NC 27604 hone: 919- 715 -5711 �g ceredrted P '` =;: -�„ ,. -. Fax: 919- 715 -0408 r�E..me�m u ux.NCCrimecomrol ors A Nationally Accredited Agency An Equal Opportuniry/Afrmaure Action Employer