Level 19 - Planning, Zoning, and Environmental Hazards

After a permit is granted, the developer starts building and will be subject to inspections.

A BUILDING INSPECTION is an assessment of a building site in which an inspector ensures that building code is followed. Multiple inspections may take place during various phases of the project. During construction, code violations can pause progress or get the construction site shut down until they are fixed.

Nonconforming Use

A nonconforming use is when a property was operating within zoning law, but then the law changed in a way that prohibits the established use. Nonconforming uses are usually allowed to continue but cannot expand. EXAMPLE If your home has a 10-foot setback, which was legal when it was built, and zoning regulations changed to require a 15-foot setback in your neighborhood, your house is now nonconforming.

Variance vs. Spot Zoning

A variance keeps the zoning law as it is but allows one property to break the law, while spot zoning changes the law, but just for a small spot of land.

Certificate of Occupancy

After a building is completed but before it can be put into use, it must undergo a final inspection. If everything is deemed up to code, a certificate of occupancy is issued. A CERTIFICATE OF OCCUPANCY, or CO, is a legal document from a local authority that authorizes a building to be occupied or sold. In essence, it states a building has been built to code. For renovations, a similar certificate of compliance certifies that the project has been completed up to code.

Zoning Ordinances

After a comprehensive plan has been approved, it's time to create ZONING ORDINANCES, which are local laws that implement the comprehensive plan by controlling how land is used and what structures can be built in a designated district. Zoning ordinances create zones, restrict how they can be used, and detail other requirements and regulations. Without them, separate land uses might conflict with each other or make for some very unhappy neighbors.

Florida Building Code

All buildings in the whole state are subject to the Florida Building Code. It combines electric, mechanical, building, administrative, state agency, and plumbing codes into one big, comprehensive code. The Florida Building Commission is responsible for the Florida Building Code, but it's local governments who enforce it.

Amendments

An amendment is the changing of a zone into a different type of zone. Call it rezoning, if you like. An amendment can be for just a single home or parcel of land. An amendment is made for the benefit of the community, or in accordance with a master plan. EXAMPLE A developer petitions to convert an old, unused warehouse space from an industrial zone to a commercial zone so it can be used as a community center or museum. Especially if the area no longer has heavy industry, this zoning amendment benefits the community, not just the developer.

Local Power

And all this zoning power is delegated to local government.

Planned Unit Development

Another type of major development is a PUD. A planned unit development is a subdivision that includes residential dwellings along with nonresidential real estate, departing from normal zoning and subdivision regulations. The defining characteristics are its mixed land use and clustered homes. The mingling of different land uses is intentional and thoughtfully planned.

What Planning Boards Do

Approve subdivision plats: Before approving a new subdivision, planning boards will often require the subdividers or developers to do things like set aside land for streets, schools, and green space; assure them sewer and street costs will be paid; and demonstrate that lot sizes comply with local zoning and fire safety ordinances. The plat of a subdivision and relevant requirements have to be met and approved, and the subdivision must meet FHA requirements if FHA-insured financing will be involved. Approve site plans: A site plan describes how a project is to be developed, down to the traffic and parking considerations and the expected impact on nearby properties. Control signs: Are massive billboards allowed on the side of the road? Can a retro diner advertise with a flashing neon sign? Planning boards can place limits on signs in their communities in order to reduce distraction for drivers. Plus, there's an aesthetic benefit to limiting signs or keeping them more uniform.

Company A is selling a property to Company B. The property was once the site of a chemical manufacturing facility. Which company is responsible for determining whether there are any environmental hazards on the property?

As the buyer, Company B is responsible for determining whether there are any environmental hazards on the property.

Exposure to Asbestos

Asbestos is a FRIABLE material, meaning that it crumbles easily or becomes powdery when touched. Asbestos fibers may be released into the air by the disturbance of asbestos-containing material during product use, demolition work, building maintenance, repair, and remodeling. In general, exposure may occur only when the material is DISTURBED in some way to release particles into the air. The asbestos particles become dangerous to humans when inhaled. It's common to come to the conclusion that the asbestos should not be removed, as the asbestos only presents more problems if it becomes airborne. For this reason, repair is often the favored solution because the asbestos remains in place. - ENCAPSULATE

Asbestos

Asbestos is a naturally occurring mineral fiber that is commonly used in insulation. Because of its fiber strength and heat resistance, asbestos has been used in a variety of building construction materials (such as shingles, tiles, and cements) for insulation and as a fire retardant. If airborne or inhaled, asbestos can cause severe respiratory health issues, including lung disease.

Building Codes vs. Zoning Ordinances

Both building codes and zoning ordinances deal with how land is used. Zoning ordinances deal more directly with the land (what I like to call the "outside part.") The "inside part" of development is the purview of building codes. While there's some overlap — zoning limits what kind of buildings can exist and at what density, and sometimes what kind of facade a building can have — generally, zoning deals with land and building code deals with buildings.**

Responsibility and Liability

Both landowners and real estate professionals could be held responsible or liable for environmental contamination, even if they didn't cause the mess.

Buffer Zones

Buffer zones are areas of land that separate two different land uses (zones) to give each one a little breathing room. Like maybe you don't want your residential zone right up against the edge of your industrial zone, so you slide a buffer zone in there with a nice little park, berm, or other transitional space.

Building Codes and Permits

Building permits enforce building code. If someone wants to materially alter an existing development or construct a new building, then they must obtain a building permit. A building permit is issued after a review of the architecture and engineering drawings. To obtain a permit, a builder or architect must submit plans to the city to be approved. If those plans don't conform to local zoning regulations and building code, it's not going to get approved. BUILDING CODES are sets of regulations pertaining to building design, materials, safety, sanitation, and structure. City authorities require builders to follow building codes. These codes concern a building's structural soundness and its basic cleanliness — not its aesthetics or appearance.

Building Requirements If the National Flood Insurance Program is going to cover the areas at the greatest risk of flooding, those properties must do a few things to mitigate risk on their end. This generally comes in the form of building requirements for NFIP participating communities:

Buildings located in coastal V zones have to be anchored to help them withstand the impact of erosion, hurricane-force winds, and waves. Any new or substantially remodeled residence in a V zone has to be elevated to or above the base flood elevation (BFE), which is how high the water is likely to rise during a flood event. That means constructing homes on open foundations (like pilings) that waves and floodwaters can pass beneath. If a structure is not residential, it has to either meet the residential requirement above or be watertight in all areas that fall below the base flood elevation. ***It's important to note that these building requirements are only for homes located in a V zone, but not A zones. This is because of what we mentioned earlier: structures built on the coast in V zones are simply at greater risk than buildings located in floodplain A zones.

Potentially Responsible Parties Who's responsible for hazardous waste sites?

CERCLA has a process for answering this question. The end goal is to identify potentially responsible parties (PRPs) so they can make them take the lead and foot the bill for cleanup. PRPs can include: Current owners or operators of the site Previous owners or operators of the site Creators of the hazardous substance People responsible for transporting the hazardous substance

A key takeaway from the Growth Policy Act is the importance of concurrency.

CONCURRENCY is a provision requiring that certain infrastructure be in place before any new development is permitted. Such infrastructure includes sanitary sewers, potable (drinking) water, and waste treatment facilities.

Cluster Zoning

Cluster zoning (also called density zoning) is another way that communities can create more affordable housing options by changing density. The way cluster zoning works is that density is determined for an entire area, instead of on a lot-by-lot basis. That allows a developer to create one collection of dense housing and a lot of green space on a parcel, instead of equally spaced single family homes. Twice the Density on Half the Acreage So for example, in a cluster-zoned subdivision, instead of each house sitting on a larger lot, you could have a few dense areas of housing (like townhomes or apartment buildings) and the rest of the subdivision could be green space. Typically, cluster-zoned subdivisions have twice the density on half the acreage. Affordable and Sustainable Cluster zoning is often used for group homes, senior living facilities, and affordable housing. It creates close, walkable or bike-able communities surrounded by green space that can be used for parks, recreation areas, or simply open space for wildlife habitat and water reclamation. Housing is more affordable because it is less expensive to build smaller, multi-unit, or attached unit buildings than unattached single-family homes.

Some developments are way more substantial than others, and therefore demand special consideration from community planners.

Developments of Regional Impact Planned Unit Development

Superfund Amendments and Reauthorization Act (SARA)

Did you know that CERCLA has a younger sister named SARA? In 1986, six years after CERCLA became law, it was amended by the Superfund Amendments and Reauthorization Act, or SARA. SARA is a federal law that amended CERCLA, designated more money to the Superfund trust, and established new environmental laws and regulations.

Carpenter Bees

Did you know there is a type of bee that doesn't sting, but will instead ruin your house? They're called carpenter bees, and they create circular holes inside the wood in homes. If enough carpenter bees bore tunnels in the wood, they can create noticeable structural damage.

Community Planning in Florida

Florida has a Growth Policy Act and Community Planning Act

developments of regional impact (DRI)

Florida statute defines developments of regional impact (DRIs) as: any development that, because of its character, size, or location, will have a substantial effect on the health, safety, or welfare of citizens of MORE THAN one county in the state So that massive outdoor mall or brand new football stadium? Definitely a development of regional impact.

The Superfund CERCLA created a tax on the chemical and petroleum industries. Over five years, $1.6 billion was collected for a trust fund dedicated to cleaning up abandoned or uncontrolled hazardous waste sites.

For this reason, CERCLA is also known as the Superfund. The funds are ONLY used in the absence of an identifiable responsible party. *** So if they find out who's at fault, they're going to have to pick up the tab.

Gary has a home built on a half-acre lot, which was appropriate for his zone when he bought the home. A few years later, zoning regulations changed and now the smallest buildable lot in his neighborhood is one acre. Gary was allowed to keep his home as it is. What is this an example of?

Gary's legal, nonconforming lot was "grandfathered" in under the old rules.

Groundwater Contamination

Groundwater describes water held underground in the soil or in pores and crevices in rock. Groundwater contamination refers to contamination of not only the runoff at ground level, but also the underground water systems that are sources for public water supplies and private wells. Contamination occurs from a number of human-made sources, including: Underground storage tanks Septic tanks Toxic chemical spills on the ground's surface Pesticides Herbicides Waste disposal sites

Health Ordinances

Health ordinances are regulations that control the sanitation and maintenance of public spaces. The local health department is in charge of inspecting any public establishments that serve food or drinks. That means restaurants, for sure, but also bars, grocery and convenience stores, commercial kitchens, schools, nursing homes, event centers, and more. If these establishments violate health ordinances, the health department has the authority to enforce the rules.

What Does Zoning Regulate?

How land is used: Is this land residential? Industrial? Commercial? Depends on the zone. Minimum lot size: What is the smallest "buildable" lot size? Maximum building height: How tall can the tallest building be? Kinds of structures that are allowed: The zone you're in will determine the permitted structures. Setback: How far from the street (and other buildings) a building has to be. Density: The maximum allowable number of units — denser areas allow more people per square mile, less dense areas allow fewer. Parking spaces: Zoning regulations can require builders to create parking for residents, especially in dense areas. How air rights can be transferred: Some places allow residents to sell their air rights. How natural resources can be used in the area: Water rights, conservation requirements, wetland protections, mineral rights, and other environmental concerns are part of zoning. How much land is set aside for public use and infrastructure: This includes land for streets, schools, hospitals, utility right-of-ways, parks, green space, and more. Historic preservation and landmark sites: Sometimes these are overseen and regulated by a separate committee and set of laws, and sometimes they are part of zoning. Limits on accessory buildings: What kind of structures other than a home can be built on a residential lot? Lot coverage: What's the maximum square footage that can exist on a given lot?

Mortgage Loan Requirements Low- and Moderate-Risk Areas

If a buyer purchases a home in a low-risk or moderate-risk area, flood insurance is not mandatory. Of course, the buyer could still choose to purchase flood insurance from the NFIP if they're in a community that participates in the program.

Mortgage Loan Requirements A Zones and V Zones

If a home is in either an A zone or V zone, and its purchase will be financed with a mortgage from a federally insured or regulated lender, flood insurance is required.

On-Site Wastewater Treatment Systems

If public sewer facilities are not feasible or available, residential on-site wastewater treatment systems, also known as septic systems, may be installed. These are sewage disposal systems used in areas that don't have municipal wastewater treatment systems. Septic systems serve the purpose of storing, distributing, and treating wastewater from the home on a property, while also preventing the contamination of groundwater, water wells, and nearby bodies of water.

Innocent Landowner Immunity

In addition, SARA instituted a policy of innocent landowner immunity. This means that people or entities that acquire contaminated property and had no knowledge of the contamination at the time of purchase may be eligible for the "innocent landowner" (ILO) defense to Superfund liability if they conducted all appropriate inquiries prior to purchase and complied with other pre- and post-purchase requirements.

What SARA Did

Increased the size of the Superfund to $8.5 billion Stressed the importance of permanent remedies and innovative treatment technologies in cleaning up hazardous waste sites Required Superfund actions to consider the standards and requirements found in other state and federal environmental laws and regulations Provided new enforcement authorities and settlement tools Increased state involvement in every phase of the Superfund program Increased the focus on human health problems posed by hazardous waste sites Encouraged greater citizen participation in making decisions on how sites should be cleaned up **SARA also required the EPA to revise its Hazard Ranking System to ensure that it accurately assessed the relative degree of risk to human health and the environment posed by uncontrolled hazardous waste sites that may be placed on the National Priorities List (NPL).

The NFIP is not like other insurance companies, and not just because it specializes in floods. Here's what makes the NFIP unique:

It was created by Congress. It is administered by the Federal Emergency Management Agency (FEMA). Insurance is purchased through participating insurance agencies.

Zoning ordinances

LOCAL laws that control how land is used and what structures can be built in a designated district

Lead Contamination

Lead can contaminate soil and water alike. Soil Lead dust can be tracked into the home from soil outside that is contaminated by deteriorated lead-based paint on the exterior of the home. Renovation, repair, or painting activities can create toxic lead dust when painted surfaces are disturbed or demolished. Water Lead can enter drinking water through corrosion of plumbing materials, especially where the water has high acidity or low mineral content that corrodes pipes and fixtures. Homes built before 1986 are more likely to have lead pipes, fixtures, and solder. However, newer homes are also at risk: Even legally "lead-free" plumbing may contain up to 8% lead. As of 2014, The Safe Drinking Water Act has reduced the maximum allowable lead content — that is, for content that is to be considered "lead-free" — to be a weighted average of 0.25% calculated across the wetted surfaces of pipes, pipe fittings, plumbing fittings, and fixtures.

Lead

Lead is a naturally occurring mineral that has been used in paint to protect wood from damage by water; it also has been used in the manufacturing and installation of water pipes. Lead becomes a health hazard when ingested or inhaled (this can happen when small children put peeling or flaking paint into their mouths; it can also happen via contamination of the water supply).

Lead-Based Paints

Lead-based paints were used in the U.S. prior to 1978 because of their durability. But it was soon discovered that lead poisoning poses a serious health risk. Elevated levels of lead in the bloodstream can cause serious damage to the brain, kidneys, nervous system, and red blood cells. Children under the age of six are particularly vulnerable, as it can result in reduced intelligence and behavioral problems. Lead can also cause abnormal fetal development in pregnant women. **In 1977, the federal government banned the use of lead-based paint and a federal disclosure is now required before the sale of any home built prior to 1978. This requirement stands even if the building has been renovated or repainted.

There are two parts to creating zoning ordinances:

Making a zoning map. This involves carving up the whole town into pieces, and assigning each piece a zone. Outlining the permitted uses. Rules are created for what is allowed (and not allowed) in each zone.

Methamphetamine

Methamphetamine, or meth is an illegal drug. Because its ingredients are relatively easy to obtain, it's a popular drug for people to manufacture in their own homes. Aside from the possibility of chemical explosions that could result in property damage or death, homes that once held meth labs can become toxic environments unsuitable for humans to inhabit.

Waste Disposal Sites

Modern waste disposal sites, or landfills, are designed to receive specific kinds of waste, including municipal solid waste, construction and demolition debris, and hazardous waste. Landfill facilities must be designed to protect the environment from contaminants, which may be present in the solid waste disposed in the unit. Landfills constructed improperly (for example, on the wrong type of soil) can leak waste into nearby wells, creating health hazards. Because of this, construction and maintenance of waste disposal sites are heavily regulated.

Mold

Mold is a type of fungus found in damp building materials that can release toxins into the environment. Mold growth is generally associated with: Flooding Leaks Excessive humidity Condensation Health Effects Some people are sensitive to mold and can experience nasal stuffiness, eye irritation, wheezing, or skin irritation. Severe reactions generally occur only among persons with impaired immune systems or chronic lung illnesses, and workers exposed to large amount of mold in occupational settings. Spotting and Fixing a Mold Problem You can usually see or smell a mold problem. Mold can appear as slightly fuzzy, discolored, or slimy patches that increase in size as they grow. Most molds produce musty odors. When viewing a property, look for signs of mold growth, water stains, dampness, or warping. Mitigation The CDC reports that, in most cases, mold can be removed from hard surfaces using cleaning products or a weak bleach solution. Absorbent or porous materials (like ceiling tiles, drywall, and carpet) may have to be replaced. The water problem must be fixed, and after the mold has been cleaned, the areas must be dried thoroughly to prevent regrowth. If there is an extensive amount of mold, a licensed mold remediation contractor may need to be hired.

Special Flood Hazard Areas

One such high-risk zone is called a special flood hazard area, or SFHA. These areas are situated in 100-year floodplains (also known as base flood areas), which means that, in any given year, there is at least a 1% chance of a flood event in that area. Floodplains that are located in special flood hazard areas are called A ZONES on Flood Insurance Rate Maps.

Environmental Assessments

Phase I: Investigation Site inspection Inquiry of current/past owners Users of the property Review of records Phase II: Testing Soil sampling Groundwater sampling Indoor air quality testing Drums and waste materials testing Asbestos testing Underground tank testing Phase III: Remediation Once all factors have been considered and the extent of the contamination is known, appropriate cleanup efforts will be initiated. Phase IV: Management This phase includes ongoing management, including periodic inspection and the implementation of methods to prevent future problems.

Zoning

Planning creates zoning. Once a comprehensive plan is created, zoning regulations can be made. Zoning regulations control what is and is not allowed to exist as built landscape. It sculpts the physical character of a city or town.

What CERCLA Says CERCLA's main provisions are establishing:

Prohibitions and requirements concerning closed and abandoned hazardous waste sites Liability of persons responsible for releases of hazardous waste at these sites A trust fund to provide for cleanup when no responsible party can be identified

Radon Gas

Radon gas is an odorless, radioactive gas produced by the decay of other radioactive materials in rocks under the surface of the earth that can enter a house through: -Cracks in foundation floors, slabs, or walls -Construction and mortar joints (between floors and walls) -Gaps around service pipes -Drainage systems (with interior, exposed sump) -Exposed dirt in sump pump areas -Gaps between exterior brick or siding and top of foundation wall -Open tops of concrete blocks in foundation wall -Some building materials -Water supply (well systems) Radon enters in places where air is able to penetrate through a home from the ground in some way. ** Radon cannot enter a home through broken weather seals on doors and windows. Health Effects Long-term exposure to radon gas can cause lung cancer. In fact, radon is the number one cause of lung cancer among non-smokers. Mitigation Radon mitigation (the process of reducing or removing radon from a building) must be performed according to standards set forth by the EPA, as well as by state and local authorities. Removing radon typically involves the installation of ventilation systems and exhaust fans or blowers. In addition, it may be necessary to seal cracks in the home. Radon can be removed from drinking water with the use of a specialized filtration system.

Responsibility of Real Estate Professionals

Real estate license holders could be held liable for improper disclosure.

Common Zoning Classifications

Residential Commercial Industrial Agricultural Special Use Special Use This zone is for parks, post offices, hospitals, courthouses, and prisons. These zones are government-owned and exempt from local zoning regulations.

Wetlands

Section 404 of the Clean Water Act protects wetlands at the federal level. Section 404 of the Clean Water Act establishes a program to regulate the discharge of dredged or fill material into waters of the United States, including wetlands. What Are Wetlands? They're swamps, marshes, bogs, and similar areas saturated by surface or groundwater sufficient to support distinctive vegetation adapted for life in saturated soil conditions. Wetlands serve as a natural habitat for many species of plants and animals and absorb the forces of flood and tidal erosion to prevent loss of upland soil.

Florida's Growth Policy Act

Sections 163.2511-163.2520 of the Florida Statutes are collectively known as the Growth Policy Act. It pertains to managing growth, of course, but also county and municipal planning and the regulation of land development.

Real Estate Professionals

Sellers and buyers carry the most exposure to environmental liability, but real estate professionals may also be held liable under certain circumstances. Real estate license holders could be held liable for improper disclosure. Therefore, it is essential that license holders be aware of potential environmental risks from neighboring properties such as gas stations, manufacturing plants, or even funeral homes.

Local Planning Agencies

So who's doing all this helpful planning? Your friendly local planning agency, of course! Depending on where you live, they could be called a planning board, planning commission, planning committee, or department of planning.

What is the difference between spot zoning and granting a variance?

Spot zoning is a change that is to the detriment of the surrounding community while a variance benefits the community

Spot Zoning

Spot zoning is rezoning a small parcel of land for a use classification totally different from that of the surrounding area for the benefit of the owner of that property and to the detriment of other property owners.

Liability CERCLA defines three different types of liability:

Strict: The owner is considered responsible to the injured party without excuse. Joint and several: Each individual owner is considered personally responsible for all the damages. That means that if only one of several owners is financially capable of paying damages, they must pay the total on behalf of the group. They can try to get the other owners to pay them back for their shares of the damages. Retroactive: Liability may fall on the current owner, but it also extends to previous owners of the site who owned it at the time of the contamination.

Termites

Termites are tiny insects that eat your house — specifically the wooden parts. They travel in large numbers, so the damage done by their little mouths accumulates over time to become very significant. Most people are not aware they have termites until they see a swarm or come across damage during construction. A layperson can check exposed wood for hollow spots by knocking on it to determine whether it sounds hollow.

Clean Air Act

The Clean Air Act (CAA) is a federal law that aims to protect people and the environment from the harmful effects of air pollution. It does so by establishing comprehensive regulations regarding air emissions from stationary and mobile sources. Among other things, this law authorizes the EPA to establish national ambient air quality standards to protect public health and public welfare and to regulate emissions of hazardous air pollutants.

Clean Water Act

The Clean Water Act (CWA) is a federal law that establishes the basic structure for regulating discharges of pollutants into the waters of the United States and for regulating quality standards for surface waters. **The CWA made it unlawful to discharge any pollutant from a point source into navigable waters, unless a permit was obtained. The EPA's National Pollutant Discharge Elimination System (NPDES) permit program controls discharges. POINT SOURCES are discrete conveyances such as pipes or man-made ditches. Individual homes that are connected to a municipal system, use a septic system, or do not have a surface discharge do not need an NPDES permit; however, industrial, municipal, and other facilities must obtain permits if their discharges go directly to surface waters.

Environmental Protection Agency (EPA)

The Environmental Protection Agency (or EPA) was established in 1970 to consolidate a variety of federal environmental research, monitoring, standard-setting, and enforcement activities into one agency. Since its inception, the EPA has been working for a cleaner, healthier environment for the American people. It is the major enforcement arm of most federal environmental legislation. Some of the most significant federal laws administered by the EPA are: Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Superfund Amendments Reauthorization Act (SARA) Clean Air Act (CAA) Clean Water Act (CWA) National Environmental Policy Act (NEPA)

The National Flood Insurance Program

The National Flood Insurance Program (NFIP) is what it sounds like: a government program that supplies flood insurance.

Florida's Community Planning Act (CPA)

The State of Florida gives local government the authority to make the majority of growth and planning decisions. This delegation frees up the state government to concentrate on other important issues, like crucial state facilities and resources. "It is the purpose of this act to utilize and strengthen the existing role, processes, and powers of local governments in the establishment and implementation of comprehensive planning programs to guide and manage future development consistent with the proper role of local government."

Limiting Risk: Due Diligence

The buyer is ultimately responsible for determining whether there are any environmental hazards on the property. Because of the potential liability involved with contaminated property, buyers (primarily buyers in commercial real estate transactions) and lenders may find it prudent to conduct due diligence prior to proceeding with the transaction. Due diligence is a term used to describe a means for qualifying a property prior to purchase by investigating facts or liabilities. Due diligence can include an environmental assessment (sometimes called an environmental site assessment), which is a report prepared for a real estate holding that identifies potential or existing environmental contamination liabilities.

What does a comprehensive plan do for a community?

The comprehensive plan sets out a community's goals and priorities for land use and urban planning. From there, zoning ordinances can be created.

Calculating Available Lots Primera Land Development is developing a 100-acre tract of land for residences. A residential zone requires a minimum of 8,000 square feet per lot. If the developer has to reserve 20% of the land for sidewalks and streets, how many residential lots are available for development?

The first order of business is to find out how many square feet per acre can be developed into lots. Since 20% of the land is reserved for sidewalks and streets, we can determine that 80% of the land can be used for lots. Remember to convert 80% to a decimal! 43,560 sq. ft. x 0.8 = 34,848 sq. ft. Answer: 34,848 sq. ft. available for lots per acre 34,848 sq. ft. x 100 acres = 3,484,800 sq. ft. Answer: 3,484,800 square feet available 3,484,800 sq. ft. ÷ 8,000 sq. ft. = 435.6 lots Final Answer: Primera Land Development can develop 435 residential lots.

Environmental Impact Assessments vs. Environmental Impact Statements

The key difference between the two is that the Environmental Impact Assessment is the preliminary report and the Environmental Impact Statement is prepared if further evaluation is required. Think of it this way: If the National Environmental Policy Act were a blockbuster film franchise, the Environmental Impact Assessment would be the origin story and the Environmental Impact Statement would be the sequel.

SIPs

The setting of these pollutant standards was coupled with directing the states to develop state implementation plans (SIPs), applicable to appropriate industrial sources in the state, in order to achieve these standards. The Act was amended in 1977 and 1990, primarily to set new goals (dates) for achieving national ambient air quality standards, since many areas of the country had failed to meet the deadlines.

Edna and her engineer read the zoning regulations for her lot one way. When they went to get a building permit, the folks at the department of buildings read the regulation another way. They refused her a permit. Where could she go to get an official interpretation of the zoning regulation?

The zoning board of adjustment The zoning board of adjustment also interprets zoning regulations. If Edna still believes she is right after getting a judgement from the board, she can sue.

Three Kinds of Variances

There are three kinds of exceptions zoning boards of adjustment can grant. Use Variance A use variance is a variance that permits a use of land not allowed by zoning regulations. It deals with types of use. So, for example, a restaurant that wanted to open up in a residential area would need a use variance. Area Variance An area variance is a variance that permits the use of land in a manner which is not allowed by the dimensional or physical requirements of the applicable zoning regulations. It deals with the physical land. For example, a property that wanted to use a smaller-than-zoned-for setback would need an area variance. Special Exceptions A special exception allows specific kinds of uses in a zone that aren't the main use of that zone, as long as the property owner meets certain requirements. Think of this one as an exception made for the public interest. For example, a church in a residentially zoned area or a restaurant for workers in an industrially zoned area would need a special exception.

Environmental Impact Assessments

These are concise public documents that a federal agency prepares under NEPA to provide sufficient evidence and analysis to determine whether a proposed agency action would require preparation of an Environmental Impact Statement or a finding of no significant impact

Environmental Impact Statements

These are reports prepared for a real estate holding that identify potential or existing environmental contamination liabilities. These detailed written statements are required by NEPA for a proposed major federal action significantly affecting the quality of the human environment. They're concerned with the long-term effects of projects on the environment.

National Environmental Policy Act

This federal law requires federal agencies to assess the environmental effects of their proposed actions prior to making decisions. Using the NEPA process, agencies evaluate the environmental and related social and economic effects of their proposed actions. In essence, they have to show their work. Specifically, all federal agencies are required to prepare either or both of the following types of documentation: Environmental Impact Assessments Environmental Impact Statements

Zoning Affects Density

This mainly affects DENSITY, or the measure of the proportion of a given area used for residential purposes. A denser area has more people per square mile, a less dense area has fewer.

Landowners

Under CERCLA and other environmental legislation, a landowner may be liable for cleanup when contamination exists — regardless of whether the contamination is the result of the landowner's actions or those of others. This liability includes the cleanup not only of the landowner's property, but also of any neighboring property that has been contaminated. A landowner who is not responsible for the contamination can seek reimbursement from the Superfund. However, if other parties are not available, even a landowner who did not cause the problem could be solely responsible for the costs.

Carpenter Ants

Unlike termites who eat wood, carpenter ants chew through the wood, leaving behind a trail of sawdust — a telltale sign that you've got carpenter ants and not termites.

For years, a city's residential zone required homes to have 15-foot side yards and a building height under 40 feet. It was rezoned to allow attached buildings with heights up to 80 feet. What is this an example of?

Upzoning

Upzoning

Upzoning means changing an area's zoning to allow for more density. In other words, changing the area's zoning laws to allow more people to live in the same area. Upzoning can include zoning law changes that allow for: -Smaller buildable lots (e.g., smaller yards) -More building square footage per lot (e.g., bigger houses for more inhabitants) -Taller buildings (e.g., skyscrapers) -Smaller side yard or setback requirements (e.g., buildings can be closer to the road) -Multi-family housing to be built (e.g., an apartment or condo building can be built)

Formaldehyde

Urea-formaldehyde foam insulation (UFFI) is a human-made insulation material that becomes dangerous because of gases released from the material after it hardens. It contains FORMALDEHYDE, a chemical that can also be found in building materials, glues, paints, paper products, fertilizers, pesticides, and even in preservatives in medicines and cosmetics. Health Risks of Formaldehyde Formaldehyde is known to cause cancer in animals. In humans, it can cause respiratory problems as well as eye and skin irritations. Since it is no longer permitted in new residential construction, the concern surrounding UFFI to homeowners today is minimal. Additionally, formaldehyde levels reduce over time — they can be released from the material completely within just a few years.

Getting Grandfathered

What happens with nonconforming structures and lots is up to the laws of a particular municipality but generally, as long as the nonconforming use doesn't cause safety or health hazards, it's allowed. This is called being grandfathered, which means that existing structures are not required to change to meet new zoning regulations.

The Zoning Board of Adjustment

When a municipality creates zoning laws, they usually also create a zoning board of adjustment. The zoning board of adjustment has two main jobs: 1. Oversee rule administration 2. Hear appeals and decide whether to grant variances and special-use permits to people who want to break the zoning law

High-Risk Coastal Areas

Within special flood hazard areas, there is a special designation for the riskiest of risky areas. Coastal lands are called V ZONES on Flood Insurance Rate Maps. These high-risk coastal areas carry the same 1% or greater chance of flooding than A zones do, plus the ADDITIONAL RISK of being affected by STORM WAVES.

Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)

a federal law that provides broad federal authority to respond directly to releases or threatened releases of hazardous substances that may endanger public health or the environment (for example, a hazardous waste spill). CERCLA created a process for identifying potentially responsible parties and ordering them to take responsibility for the cleanup of hazardous waste.

A planning board is

a group of people with the primary purpose of developing a municipality's comprehensive plan A COMPREHENSIVE PLAN (sometimes called a MASTER PLAN) is a written document that guides the future growth and development of a community. It provides a blueprint for sustainable growth and balances social, economic, environmental, and aesthetic needs.

Polychlorinated Biphenyls (PCBs)

are a group of human-made organic chemicals that were used in hundreds of industrial and commercial applications prior to being banned in 1979. They can cause a variety of adverse health effects. PCBs may be present in products produced before the 1979 ban, including: Transformers and capacitors Electrical equipment Oil used in motors and hydraulic systems Electrical devices or appliances Insulation Adhesives Oil-based paint Caulking Plastics Floor finish Today, PCBs can still be released into the environment from: Poorly maintained hazardous waste sites Illegal or improper dumping Leaks or releases from electrical transformers Burning waste in incinerators PCBs do not readily break down once in the environment. They can remain for very long periods of time, cycling between air, water, and soil.** Drinking Water When PCBs enter the drinking water supply, it is most often the result of runoff from landfills and discharge of waste chemicals. Since the EPA considers PCBs a probable human carcinogen, it restricts PCBs in water supplies to 0.5 parts per billion.

Chlorofluorocarbons (CFCs)

are chemical compounds that were once used in refrigerator coolant, air conditioners, and dehumidifiers. You may have heard it referred to by its trademarked name, FREON The problem with chlorofluorocarbons is that they are very harmful to the ozone layer and, as a result, they were banned in the 1970s. These days, chlorofluorocarbons have been replaced with more ozone-friendly hydrofluorocarbons, a similar compound which replaces the chlorine with hydrogen. Chlorofluorocarbons and the Law The CLEAN AIR ACT addresses the proper disposal procedures for older appliances containing chlorofluorocarbons. Since the appliances can potentially produce coolant leaks, thereby contaminating the atmosphere with chlorofluorocarbons, the law stipulates that only certified professionals can maintain and repair damaged equipment.

Underground Storage Tanks (USTs)

are tanks located in the ground underneath properties that store chemicals, fuels, toxic wastes, and other potentially harmful substances. One such example is the UST that stores oil for oil-fueled furnaces. Another common example is the type of UST that is placed beneath gas stations and contains gasoline. Hazards USTs pose a hazard when they become old and rust. This makes them prone to leakage. This means that the toxic substances contained within the tanks leak into the surrounding groundwater, contaminating wells and polluting the soil. In addition to contaminating drinking water, a leaking UST can present other health and environmental risks, including the potential for fire and explosion. Faulty installation or inadequate operating and maintenance procedures also can cause USTs to release their contents into the environment, especially the surrounding soil and groundwater.

Scenario: The Odd Lot Leila bought an oddly-shaped lot that she wants to build her dream home on. Because of the lot's funny shape, she needs to build up to 10 feet from the street, but the zoning regulations in her area require at least 15 feet of setback. Question: What kind of variance would she need?

area variance

Why are zoning classifications sometimes different across municipalities?

because they are created at the local level

Freon is the trademarked name of:

chlorofluorocarbons

What is the primary purpose of the planning board?

creating a master plan

A city council has decided to create a set of zoning regulations for their city. They create a master plan. What are the next two steps they're likely to take?

dividing the city into zones, then creating regulations for each of those zones

What is the primary goal of the Clean Air Act?

established regulations regarding air emissions

Which of these is a main provision of CERCLA?

establishing liability of persons responsible for releases of hazardous waste

Superfund projects clean up:

hazardous waste sites and chemical spills

When it comes to environmental liability, real estate license holders could be held liable for:

improper disclosure of hazards

Where can asbestos typically be found in a building?

in insulation

What are the two things the zoning board of appeals does?

interpreting zoning ordinances and granting variances

Chlordane

is a chemical compound formerly used in pesticides in the United States from 1948 to 1988.

A variance

is permission granted by the government so that property may be used in a manner not allowed by the current zoning.

Chlordane is a chemical found in:

pesticides

Radon enters the home via:

places where air is able to penetrate through a home from the ground

Downzoning

refers to changing an area's zoning to restrict the density. In other words, changing the area's zoning laws so that fewer people can live in the same area. Downzoning can include zoning law changes that require: -Larger lot sizes (e.g., bigger yards) -Less building square footage per lot (e.g., smaller houses for fewer inhabitants) -Increasing setback and side yard requirements (e.g., buildings must be farther from the road)

Scenario: The Youth Group Pastor Josh is looking for a space for a larger youth group center for his church. The spot he's interested in is in a residentially zoned neighborhood, but the zoning ordinance has an exception for houses of worship written into it. Question: If he meets all the criteria in the regulation, what must he be granted?

special exception

Lead poses a hazard in homes in multiple ways. People can be exposed to lead from chipping paint, lead in outdoor soil, and:

the corrosion of lead pipes contaminating drinking water.

If a property is located in an NFIP participating community,

the purchase of flood insurance is mandatory. Structures built on the coast in V zones are simply at greater risk than buildings located in floodplain A zones.

Who's On the Planning Board

unpaid volunteers who are appointed by the city council or county commission They should be representative of the community they serve.

UFFI stands for:

urea-formaldehyde foam insulation

Scenario: An Old Home Jerome wants to convert an old home in a residentially zoned area into a restaurant. Question: What kind of variance does he need?

use variance

Which of these types of land does the Clean Water Act have specific protections for?

wetlands

Underground storage tanks pose a hazard primarily because:

when they become old and rust, it makes them prone to leakage