L19: Planing, Zoning & Environmental Hazards

Question 1

Zoning Ordinances

Answer 1

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

Question 2

Comprehensive Plan (aka Master Plan) & Planning Board

Answer 2

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

Question 3

Concurrency

Answer 3

Provision requiring that certain infrastructure be in place before any development is permitted (FL Growth Act)

Question 4

Planned Unit Development (PUD)

Answer 4

Subdivision that includes residential dwellings and non-residential real estate

Question 5

Zoning ordinances

Answer 5

Local laws that implement the comprehensive plan

They determine the zoning map and outline the permitted uses

Question 6

Upzoning, downzoning and cluster zoning

Answer 6

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

Question 7

Buffer zones

Answer 7

Areas of land that separate two different land uses

Question 8

What does the zoning board of adjustment do?

Answer 8

They oversee rule administration and hear appeals, grant variances and special use permits

Question 9

Variance and kinds (3)

Answer 9

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)

Question 10

Non-conforming use

Answer 10

Relates to property that was operating within zoning law and law changed
Normally the property is allowed to continue operations but cannot expand

Question 11

Spot zoning

Answer 11

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

Question 12

Building permit

Answer 12

Issued by the city after a review of architecture and engineering drawings

Question 13

Health Ordinance

Answer 13

Regulations that control the sanitation and maintenance of public spaces

Question 14

Certificate of occupancy (CO)

Answer 14

Legal document from local authority that authorizes the building to be occupied or sold

Question 15

Concurrency

Answer 15

Regulation that determines that a new development is only allowed after a minimum level of public infrastructure is in place around the development site

Question 16

NFIP

Answer 16

National flood insurance program

It is a government program that supplies flood insurance
It is created by Congress and managed by FEMA

Question 17

Flood insurance rate map zones

Answer 17

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

Question 18

Environmental hazards (11)

Answer 18

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

Question 19

To conduct due diligence

Answer 19

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

Question 20

Steps on environmental assessment

Answer 20

Investigation
    |
Testing
    |
Remediation
    |
Management

Question 21

EPA

Answer 21

Environmental protection agency

Established in 1970 and implements environmental law by writing regulations

Question 22

CERCLA

Answer 22

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.

Question 23

SARA

Answer 23

Superfund Amendments & Reauthorization Act

• 1986
• Amended CERCLA
• Designated more funds to superfund trust
  – Established new environmental laws & regulations

Question 24

CAA

Answer 24

Clean Air Act

• 1970
• protect from harmful effects of air pollution & establish national ambient air quality standards

Question 25

CWA

Answer 25

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

Question 26

Environmental Impact Assessment & Environmental Impact Statement

Answer 26

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

Question 27

Resource Conservation & Recovery Act

Answer 27

• 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