Unit 13
Which legislation holds current owners responsible for environmental violations committed by previous owners? The National Environmental Policy Act of 1969 The Clean Air Amendment of 1970 The Toxic Substances Control Act of 1976 The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, 1980) and Superfund Amendment (1986)
Compensation and Liability Act (CERCLA, 1980) and Superfund Amendment (1986)
A colorless, odorless, radioactive gas that occurs naturally in the soil is
Radon
Lead-based paint ban (1978) and Residential Lead-based Paint Hazard Reduction Act (1992, 1996)
banned lead in the manufacture of paint and established disclosure requirements and guidelines for testing and remediation.
If a subdivision has a restrictive covenant, it must be adhered to by all subdivision owners. is an ordinance set by the local zoning board. means that the properties cannot be rented. supersedes public policy or law.
must be adhered to by all subdivision owners.
Typical deed restrictions concern:
required minimum area of a residence setback prohibition against construction of sheds or secondary buildings prohibition against conducting certain commercial activities
Name four common types of zone.
residential commercial industrial agricultural public planned unit development (PUD)
A _______________ grant authorizes a use that is not consistent with the zoning ordinance in a literal sense, yet is clearly beneficial or essential to the public welfare and does not materially impair other uses in the zone.
special exception
A ________________ allows a use that differs from the applicable ordinance for a variety of justifiable reasons, including that: compliance will cause unreasonable hardship the use will not change the essential character of the area the use does not conflict with the general intent of the ordinance
zoning variance
To acquire a property, the public entity must first adopt a formal resolution, often called a
"resolution of necessity."
FHA
(Federal Housing Authority) requirements to qualify for FHA financing insurance. The FHA sets standards similar to local ordinances to ensure an adequate level of construction quality, aesthetics, and infrastructure services.
Amendment
A current or potential property owner may petition the zoning board for an outright change in the zoning of a particular property.
_________________ expressed in a conveyance (deed or lease) of a residential, commercial, or industrial property places limits on the use of the property. A quitclaim deed can terminate a private deed restriction. Such restrictions are also referred to as "covenants, conditions, and restrictions," or CCRs.
A restriction
(Quiz) What is a Buffer Zone?
A transitional zone between a residential zone and a commercial zone
Industrial site cleanup is regulated by which legislation? Brownfields UFFI Toxic Substance Control Act Resource Recovery Act
Brownfields
(Quiz) Which of the following is NOT normally a basic land use consideration of master planners? Social growth Economic growth Building codes and code enforcement Infrastructure adequacy
Building Codes & code enforcement
What responsibilities does a seller's agent have as a result of the Lead-based Paint Act of 1992?
Disclose known lead problems in properties built before 1978; give the buyer or lessee a HUD booklet about lead; provide relevant records.
(Quiz) Which of the following is NOT a building-related health threat? Asbestos Lead Mold Electromagnetic fields
Electromagnetic fields
Give some examples of materials that are regulated as being harmful to air quality.
Examples are: asbestos, carbon monoxide, formaldehyde, lead, mold, radon
Give some examples of materials that are regulated as being harmful to soil and water quality.
Examples are: dioxins, lead, mercury, MTBE, PCB.
Which of the following is true of a successful eminent domain proceeding? It cancels the property owner's mortgage loan balance. It leaves the property owner with equitable title in place of legal title. It extinguishes leases, liens, and other encumbrances on the property taken. It eliminates the "chain of title" by canceling the original grant.
It extinguishes leases, liens, and other encumbrances on the property taken.
Give an example of a legal and illegal nonconforming use.
Legal: A motel is situated in a residential area that no longer allows commercial activity. The zoning board rules that the motel may continue to operate until it is sold, destroyed or used for any other commercial purpose. Illegal: That same motel is sold, and the new owner continues to operate the property as a motel.
What do subdivision regulations usually cover?
Location, grading, surfacing, alignment and widths of streets and highways Sewer and water main installation Minimum dimensions of property lots Setback lines for structures Areas reserved for public use, such as parks and schools Public utility easements
Offshore waste dumping is regulated by
Marine Protection Research and Sanctuaries Act.
What are the three phases of land use planning?
Master planning Plan administration Plan implementation—zoning, codes, permits.
(Quiz) Which of the following is NOT subject to controls related to soil and water quality? Mold Dioxins Mercury Methyl Tertiary Butyl Ether
Mold
Which legislation required environmental impact surveys on large development projects? Superfund Amendment and Reauthorization Act CERCLA Water Pollution Control Act National Environmental Policy Act
National Environmental Policy Act
Typical restrictions you might see in a subdivision declaration of restrictions are:
Only single-family homes are allowed. Homes must have a specified minimum number of square feet of living area. Only one home is allowed per lot. Lots may not be subdivided. Homes must be architecturally similar. All site plans and structure specifications must be approved by a committee before construction. Buildings must be set back a certain number of feet from the front property line and from the interior property lines. (This is referred to as setback requirements.) No temporary buildings are permitted. Either one property owner or several owners can initiate a court action to enforce the covenants. Covenants are in effect for a certain period of time. Some restrictions are automatically renewed, but can be changed by a vote of the property owners.
List at least three goals of land use control.
Preserve property values Promote highest and best use Balance property rights with public good Control growth, involve community in planning process.
Subdivision Plat Approval
Subdivision requirements typically regulate: location, grading, alignment, surfacing, street width, highways sewers and water mains lot and block dimensions building and setback lines public use dedications utility easements ground percolation environmental impact report zoned density
(quiz)What guarantees the right of individual land ownership?
The United States Constitution
Who is usually responsible for site plans, subdivision plans, and building permits, and ruling on zoning issues? The state legislature The planning commission The zoning board of appeals The city manager
The planning commission
What conditions are necessary for a special exception to a zoning regulation?
The requested use must be beneficial or essential to the public welfare and may not materially impair other uses in the zone.
Why are volatile organic compounds (VOCs) considered an environmental hazard? They make groundwater unsafe for consumption. They cause decomposition of any material they are applied to. They emit toxic fumes. They are known to cause cancer if eaten.
They emit toxic fumes.
Why do some water authorities control building construction in flood zones?
To keep from impeding flow of flood water
Why do communities care about growth trends?
Too much growth of the wrong type or in the wrong place can overwhelm services and infrastructure.
Explain what the zoning ordinance is and what it does.
Zoning ordinance is a regulation by local government to specify land usage for every parcel within the jurisdiction. The ordinance regulates density, land use intensity, aesthetics, and highest and best use.
Concurrency is
a policy that requires the developer to make accommodations concurrently with the development of the project itself, not afterwards. For example, if a project will create a traffic overload in an area, the developer may have to widen the road while constructing the project.
Water Quality Improvement Act (1970), the Water Pollution Control Act amendment (1972), the Clean Water Act Amendment (1977)
addressed standards to control water pollution and industrial wastes from the standpoints of future prevention, as well as remediation of existing pollution.
Public entities that have the power of eminent domain include:
all levels of government public districts (schools, etc.) public utilities public service corporations (power companies, etc.) public housing and redevelopment agencies other government agencies
The planning commission is responsible for:
approving site plans and subdivision plans approving building permits ruling on zoning issues
Building codes typically address:
architectural and engineering standards construction materials standards building support systems such as life safety, electrical, mechanical, and utility systems
Clean Air Amendment (1970)
authorized the EPA to establish air quality standards for industrial land uses, as well as for automobile and airplane emissions.
Building inspectors inspect a new development or improvement for code compliance. If the work complies, the municipality or county issues a __________________which officially clears the property for occupation and use.
certificate of occupancy,
As evidence that building inspectors have found that a structure complies with building codes and is ready for use, the municipality or county issues a(n)
certificate of occupancy.
Nonconforming Use
clearly differs from current zoning. Usually _________ result when a zoning change leaves existing properties in violation of the new ordinance.
The primary objectives of a master plan are generally to
control and accommodate social and economic growth.
At the local level, county and city governments control land use through the authority known as police power. The most common expressions of police power are
county and municipal zoning.
National Environmental Policy Act (1969)
created the Environmental Protection Agency (EPA) and the Council for Environmental Quality, giving them a mandate to establish environmental standards for land use planning. The act also required environmental impact surveys on large development projects.
Restrictions that provide for a reversion of title if they are violated are called
deed conditions. A deed condition may restrict certain uses of a property, much like a deed restriction. If a condition is violated, ownership reverts to the grantor. These conditions create a defeasible fee estate, as discussed in an earlier unit.
Private land use controls are primarily implemented by
deed restrictions
Private land use controls are primarily implemented by
deed restrictions.
Name four examples of public land use control.
environmental restrictions eminent domain building codes subdivision regulations
In some states, subdivisions of land that are located within a certain distance of an incorporated city or town must be approved by the municipality. In counties that are densely populated, the county must approve subdivisions. This is called
extraterritorial jurisdiction, or ETJ
Resource Recovery Act (1970), the Resource Conservation and Recovery Act (1976), the Comprehensive Environmental Response, Compensation and Liability Act (Superfund, CERCLA) (1980),
he Superfund Amendment and Reauthorization Act (1986) -- addressed disposal of solid and toxic wastes and measures for managing waste. In addition, the Superfund act provided money for hazardous waste disposal and the authority to charge cleanup costs to responsible parties.
Public land use planning incorporates long-term usage strategies and growth policies in a
land use plan, or master plan, also called a comprehensive plan.
The Solid Waste Disposal Act regulates offshore waste dumping. landfills. public water supply. industrial chemicals.
landfills
What types of cases does the Zoning Board of Adjustments deal with?
nonconforming use, variance, special exception conditional use permit, zoning amendment, and appeals
Over time, public and private control of land use has come to focus on certain core purposes. These are:
preservation of property values promotion of the highest and best use of property balance between individual property rights and the public good, i.e., its health, safety and welfare control of growth to remain within infrastructure capabilities incorporation of community consensus into regulatory and planning activities
Doctrine of Laches states
that if a property owner is lax in protecting his or her rights, the property owner may lose those rights.
The Environmental Protection Agency was created by
the National environmental Policy Act.
Private land use control is primarily exerted by the courts via placement of deed restrictions on private property. the owner of the controlled property via deed restrictions. the owner of the property via zoning ordinances. the grantee of a property via restrictive covenants.
the owner of the controlled property via deed restrictions.
A government body might acquire land because of the public need for: (direct purchase)
thoroughfares and public rights-of-way recreational facilities schools essential public facilities urban renewal or redevelopment