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007 <br />Mayor Olive <br />January 31, 2011 <br />Page 3 <br />Encroachment certification also referred to as "No rise" certification for properties located <br />within FEMA designated floodways where applicable <br />Documentation is also needed for any improvements permitted to the floodplain properties identified <br />above, along with an assessment, if applicable, that the improvement did not constitute a substantial <br />improvement. Substantial improvement is the term applied to any reconstruction, rehabilitation, <br />addition, or other improvement to a building, the cost of which equals or exceeds 50 percent of the <br />market value of the building before the improvement. A related term, substantial damage, refers to <br />damage to a building of any origin whereby the cost of restoring the building to its pre- damaged <br />condition is equal to or exceeds 50 percent of the building's market value before the damage occurred. <br />Substantially damaged or substantially improved structures must be brought into compliance with the <br />same requirements that apply to post -FIRM structures. <br />If the structures listed above were built prior to September 6, 1989, please provide information on the <br />year built, and verification that the property was located within the jurisdictional limits of the City of <br />Sanford at the start of construction. <br />Ordinance Review <br />The Flood Damage Prevention Ordinance (FDPO) revised and adopted by the City of Sanford in <br />August 2006, is contained in Article 13, "Flood Hazard Area Regulations," of the Sanford- Broadway- <br />Lee County Unified Development Ordinance (UDO). The City of Sanford has adopted a 2 foot <br />freeboard. Also, Section 6.6.6 prohibits creation of lots of major subdivisions in the Special Flood <br />• Hazard Area unless a minimum of 1,200 square feet of buildable area is located outside the SFHA <br />boundary. Several minor issues were noted with Article 13 of the UDO, mainly incorrect <br />citations /cross- references. These issues should not impact the community's ability to enforce the UDO. <br />However, the City may wish to consult its attorney in this matter, especially if the recommended <br />revisions are not made. <br />Required Revisions <br />13.4.4.1 appears to combine the final as -built elevation certificate and an interim elevation <br />certificate within 21 days of the reference level being completed. It may be necessary to <br />identify these requirements separately. Sample language is available in the State Model <br />Ordinance and can be provided to the community. <br />13.8.4.1.2 does not include test from Article 5, Section D(2)(b) of the State Model Ordinance. <br />Please add "When floodway or non - encroachment data is available from a Federal, State, or <br />other source, all new construction and substantial improvements within floodway and non - <br />encroachment areas shall also comply with the requirements of 13.8.2 and 13.8.6." <br />Recommended Revisions <br />• 13.4.4.3 should reference 13.8.2.1.3 rather than Article 5, Section B(3). <br />• 13.5.1(e) should reference 13.8.6 rather than 13.8.5. <br />Mail: Location: <br />4719 Mail Service Center 1812 Tillery Place, Suite 105 <br />Raleigh, NC 27699 -4719 L &M AP Raleigh, NC 27604 <br />Telephone: 919- 715 -5711 y / Fax: 919 -715 -0408 <br />uwn'.NCCrimeConfrol.ore A Nationally Accredited Agency <br />An Equal Oppommlry /7ffinnative Ac/ion Employer <br />