Chapter 9 - Land-Use Regulation and Environmental Issues Flashcards
Ordinances that specify construction standards that must be met when repairing or erecting buildings and set standards for kinds of materials, equipment, electrical wiring, fire prevention standards, and the like.
Building codes
Required by most communities before a person can build a structure or alter or repair and existing building on property within the municipality. through the permit, requirement,officials can verify compliance with building codes and zoning ordinances by examining plans and inspecting work. Generally issued by the building department.
Building permit
Colorless, odorless gas that occursas a by-product of burning such fuels as wood,oil, and natural gas due to incomplete combustion. New Jersey requires carbon monoxide (CO) detectors in every dwelling unit, where building contains three or more units
Carbon monoxide
The Comprehensive Environmental Response, Compensation and Liability Act established a $9 billion Superfund to clean up uncontrolled hazardous waste sites in response to spills. Liability under the Superfund is considered to be strict, joint and several which means that each of the individual owners is personally responsible for the total damages. Potential responsible parties (PRP’s) are identified if the EPA determines material has been released into the environment. The EPA then bills the PRP’s for the cost. If they refuse the EPA can seek up to three times the actual cost. Retroactive liability means that the liability is not limited to the current owners, but includes people who have owned the site in the past.
CERCLA
Issued for an altered building after inspection shows satisfactory work.
Certificate of compliance
Issued by the building department after inspection of a new structure found to be satisfactory with building codes and zoning ordinances.
Certificate of Occupancy (CO)
See - eminent domain. The taking of property for the public good and the owner receives just compensation. If after a condemnation hearing, agreement is not reached, the case can go to the supreme Court, for either trial by a jury or before a judge in an open court. the right of eminent domain is granted instate laws not only to public agencies but also to railroads, public agencies, utilities and quasi-public bodies such as land-clearance commissions and public housing or redevelopment pauthorities
Condemnation
Placed on property by private parties not by the government e.g. owner may stipulate that only one house may be built on the lot. The restriction is set up in the deed that transfers the property by use of a statement known as a restrictive covenant. Commonly placed on an entire subdivision like size of lots, exterior design, minimum square feet etc. The restrictions may be recorded once with the original map. Some have time limitations. Neighbors may enforce deed restrictions through court action
Deed restriction
New Jersey agency overseeing natural resources.
Department of Environmental Protection (DEP)
Enables a government to exercise its right to acquire privately owned real estate for public use through a process of condemnation.
Eminent domain
State laws provide for ownership of real estate to revert to the state when an owner dies leaving no will disposing of the estate and no heirs can be located.
Escheat
Sometimes used in the past to keep low-income and moderate income families out of suburban areas, has been outlawed by New Jersey Supreme Court (Mt Laurel) which mandate master plans an d zoning that provides a mix of housing types within the community.
Exclusionary zoning
banned in 1978. Under the Lead-based Paint Hazard reduction act, person selling or leasing residential housing constructed before 1978 must disclose the presence of known lead-based and provide purchasers or lessees with any relevant records or reports. A lead-based paint disclosure statement must be attached to all sales contracts and leases regarding residential properties built before 1978 and lead hazard pamphlet must be distributed to all buyers and tenants. Purchasers must be given ten days in which to conduct a risk assessment or inspections for lead-based paint. Purchasers are not bound by the ten day period or even give up their ten-day period entirely.
Lead-based paint
Primary method by which government recognize development goals through the formulation of a comprehensive master plan. Involves both economic and physical surveys and coordination of civic plan developments to ensure orderly city growth with stabilizing property values. City plans are put into effect by enactment and enforcement of zoning ordinances.
Master plan
A building that does not conform to the zoning use beacause it was erected before the enactment of the zoning law. Right to nonconforming use is lost if use is discontinued for a period generally one year.
Non conforming use
