L19: Planing, Zoning & Environmental Hazards Flashcards
Zoning Ordinances
Local laws that control how land is used & what structures can be built in a designated district
Comprehensive Plan (aka Master Plan) & Planning Board
Written document that guides future growth & development of a community
Normally created by a planning board = advisory board that has the authority to approve subdivision plats, approve site plans and control signs
FL Community Planning Act = allows for local government to make the majority of growth & planning decisions
Concurrency
Provision requiring that certain infrastructure be in place before any development is permitted (FL Growth Act)
Planned Unit Development (PUD)
Subdivision that includes residential dwellings and non-residential real estate
Zoning ordinances
Local laws that implement the comprehensive plan
They determine the zoning map and outline the permitted uses
Upzoning, downzoning and cluster zoning
Zoning affects density.
Upzoning = allows for more density Downzoning = restricts density
Cluster zoning (a.k.a. density zone) = density is determined for an entire area, not lot-by-lot. Common for group homes, affordable housing and senior living facilities
Buffer zones
Areas of land that separate two different land uses
What does the zoning board of adjustment do?
They oversee rule administration and hear appeals, grant variances and special use permits
Variance and kinds (3)
Variance = permission granted by the government so that property may be used in a manner not allowed by current zoning
Kinds of variances:
1) use variance (changes type of use)
2) area variance (changes land usage)
3) special exception (made for public interest)
Non-conforming use
Relates to property that was operating within zoning law and law changed
Normally the property is allowed to continue operations but cannot expand
Spot zoning
Change in zoning for a small parcel for use that is completely different than that of the surrounding area
It is done for the benefit of the owner, not for common good
Building permit
Issued by the city after a review of architecture and engineering drawings
Health Ordinance
Regulations that control the sanitation and maintenance of public spaces
Certificate of occupancy (CO)
Legal document from local authority that authorizes the building to be occupied or sold
Concurrency
Regulation that determines that a new development is only allowed after a minimum level of public infrastructure is in place around the development site
NFIP
National flood insurance program
It is a government program that supplies flood insurance
It is created by Congress and managed by FEMA
Flood insurance rate map zones
A zone = special flood hazard areas, higher chances of flood
V zone = coastal areas, high-risk area and storm waves
Flood insurance is required for zones A & V Mortgage Loans
Environmental hazards (11)
1) Asbestos = naturally occurring mineral fiber commonly used in insulation. Can cause severe respiratory issues if inhaled
2) random gas = odorless radioactive gas under surface of earth. Enters in places where air can penetrate from the ground
3) mold
4) CFCs = refrigerator coolant, AC and dehumidifier (Freon banned in 1970)
5) Formaldehyde = human made insulation material
6) PCBs = human made chemical used until 1979 in commercial/industrial
7) Meth
8) Pests
9) Underground storage tanks = can become old, rusty and leak
10) Groundwater = can be contaminated
11) Lead = naturally occurring mineral found in paint to protect Wood from water damage. Can contaminate water and soil. Homes built prior to 1978 require Federal Disclosure, Title X
To conduct due diligence
Real estate license holders must be aware of potential risks from neighboring properties and the property itself, but it is the buyers responsibility for determining whether there are any environmental hazards on the property
When doing due diligence, it is possible to include an environmental assessment
Steps on environmental assessment
Investigation
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Testing
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Remediation
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ManagementEPA
Environmental protection agency
Established in 1970 and implements environmental law by writing regulations
CERCLA
Comprehensive Environmental Response, Compensation & Liability Act
- it is a SUPERFUND established in 1980 dedicated to cleaning up abandoned/uncontrolled hazardous waste sites
– it also IDENTIFIES responsible parties and orders them to take responsibility for cleanup of hazardous waste
– determines three types of liability to factors:
*strict (responsible), * joint & several, and *retroactive.
SARA
Superfund Amendments & Reauthorization Act
- 1986
- Amended CERCLA
- Designated more funds to superfund trust
– Established new environmental laws & regulations
CAA
Clean Air Act
- 1970
- protect from harmful effects of air pollution & establish national ambient air quality standards
CWA
Clean Water Act
- 1972
- Establishes basic structure for regulating discharges of pollutants into water
NB: it’s unlawful to discharge any pollutant from a point source (pipes and man-made ditches) into navigable waters
Environmental Impact Assessment & Environmental Impact Statement
Environmental Impact Assessment = preliminary report prepared for a real estate holding that identifies possible environmental impacts
Environmental Impact Statement = done if further evaluation of the assessment is needed & identifies potential or existing environmental contamination liabilities
Resource Conservation & Recovery Act
- 1976
- The Hazardous and Solid Waste Amendments were added to the 1976 resource conservation and recovery act. These amendments, added in 1984, were added because of concerns over chemicals contaminating ground and water supplies
