Land-Use Regulations and Environmental Issues

Question 1

asbestos

Answer 1

a mineral once used in insulation and other materials that has been linked to respiratory diseases

Question 2

building codes

Answer 2

regulations established by state and local governments setting forth the structural requirements for building

Question 3

building permit

Answer 3

a document of authorization issued by a local government when an individual or company wants to build a new structure or begin construction on an existing structure for expansion or repair.

Question 4

carbon monoxide

Answer 4

a colorless, odorless gas that occurs as a by product of fuel-burning

Question 5

CERCLA

Answer 5

Comprehensive Environmental Response, Compensation, and Liability Act

a federal law administered by the EPA that establishes a process for identifying parties responsible for creating hazardous waste sites, forcing liable parties to clean up toxic sites, bringing legal action against responsible parties, and funding the abatement of toxic sites

Question 6

certificate of compliance

Answer 6

Inspector’s statement that property is fit for human habitation

Question 7

certificate of occupancy (CO)

Answer 7

document issued by a municipal authority stating that a building complies with building, health, and safety codes and may be occupied

Question 8

condemnation

Answer 8

court action by which government takes private property, exercising the right of eminent domain

Question 9

deed restriction

Answer 9

a restriction imposed by a private party in a deed for the purpose of protecting certain features that add value to the property

Question 10

Department of Environmental Protection

Answer 10

NJ agency that oversees natural resources and regulates certain activities

Question 11

eminent domain

Answer 11

the right of a government or quasi-public body to acquire property for public use through a court action called condemnation

Question 12

escheat

Answer 12

the reversion of property to the state, on the owner’s dying without legal heirs.

Question 13

exclusionary zoning

Answer 13

illegal practice of keeping low-income and moderate-income families out of suburban communities

Question 14

inverse condemnation

Answer 14

when a government takes a property for public use that greatly damages the value of the plaintiff’s property

Question 15

lead-based paint

Answer 15

paint used up until 1978 that can cause damage to kidneys, nervous system, brain, and red blood cells

Question 16

master plan

Answer 16

primary method by which local governments recognize development goals

AKA general plan

Question 17

nonconforming use

Answer 17

a building that does not conform to the zoning use because it was erected before the enactment of the zoning law

Question 18

urea-formaldehyde insulation

Answer 18

a material first used in insulation in the 1970s, which can leak gas and become trapped in the interior of a building

Question 19

police power

Answer 19

power vested in a state to establish legislation to preserve order, protect public health & safety, and promote general welfare

Question 20

radon

Answer 20

radioactive gas produced by the natural decay of other radioactive substances

Question 21

variance

Answer 21

permission obtained from zoning authorities to build a structure or conduct a use that is expressly prohibited by the current zoning laws; an exception from the zoning ordinances.

Question 22

zoning ordinances

Answer 22

laws of local government authorities that regulate and control the use of land and structures within designated districts (zones)

Question 23

the ownership rights a person possesses in a parcel of real estate are subject to public and private land use controls such as ____

Answer 23

zoning ordinances, building codes, and deed restrictions

Question 24

restrictive covenant

Answer 24

a statement imposing a restriction on the use of land so that the value and enjoyment of adjoining land will be preserved

Question 25

when a deed restriction and a zoning provision cover the same subject,______

Answer 25

the more limiting restriction will prevail

Question 26

can subdividers/developers enforce deed restrictions?

Answer 26

yes, through court action

Question 27

in the case of eminent domain, the taking of real estate for public use must be_______

Answer 27

for the public good and the owner must receive just compensation

Question 28

if owner does not agree to the taking of property, or a fair price cannot be agreed upon, then

Answer 28

a condemnation suit can be initiated

Question 29

What are the four government powers in land-use regulations?

Answer 29

1. police power 2. eminent domain 3. taxation 4. escheat

Question 30

taxation

Answer 30

a charge to raise funds to meet the public needs of a government

Question 31

zoning regulates and affects things such as

Answer 31

1. uses of land 2. lot sizes 3. types of structures permitted 4. building heights 5. setbacks (minimum distance from street to structure) 6. density (ratio of land are to structure area/population)

Question 32

five classifications of land

Answer 32

1. residential 2. commercial 3. industrial 4. institutional 5. recreational

Question 33

multiple-use zoning

Answer 33

permit planned unit developments

Question 34

buffer zone

Answer 34

buffers the impact of one zone to another

Question 35

greenbelt

Answer 35

natural, undeveloped, and/or agricultural lands that surround urban areas

Question 36

building envelope

Answer 36

a defined portion of a lot where building construction will be permitted, or other activities as described on the plan

Question 37

setback

Answer 37

the distance a house or structure must be from the front, side and rear property lines

Question 38

subdivision regulations

Answer 38

1. location, grading, alignment, etc 2. installation of sewers 3. minimum dimensions of lots 4. building and setback lines 5. areas to be reserved/dedicated 6. easements for public utilities

Question 39

encapsulation

Answer 39

sealing off disintegrating asbestos that may be preferable to removal in certain circumstances

Question 40

Lead-Based Paint Hazard Reduction Act

Answer 40

persons selling or leasing residential housing constructed before 1978 must disclose the presence of known lead-based paint and provide purchasers or lessees with any relevant records or reports.

Question 41

When was the use of urea-formaldehyde foam insulation banned?

Answer 41

in 1982 by the Consumer Product Safety Commission

Question 42

electromagnetic fields

Answer 42

a potentially hazardous form of radiation caused by movement of electrical currents (high-tension power lines)

Question 43

groundwater contamination

Answer 43

ground water that gets contaminated can threaten supply of clean water for private wells or public water systems

Question 44

Underground storage tanks

Answer 44

neglected fuel tanks can leak hazardous substances into the environment

Question 45

a landowner is liable under CERCLA when_________

Answer 45

a release or a threat of release of a hazardous substance has occurred on their property

Question 46

superfund

Answer 46

the $9 billion fund allocated to cleaning up uncontrolled hazardous waste sites and respond to spills established by CERCLA

Question 47

strict liability

Answer 47

owner is responsible to the injured party without excuse

Question 48

joint and several liability

Answer 48

each individual owners is personally responsible for the total damages

Question 49

retroactive liability

Answer 49

liability is not limited to the current owner, but includes people who have owned the site in the past

Question 50

Superfund Amendments and Reauthorization Act

Answer 50

1. stronger cleanup standards for contaminated sites and 5x funding ($75 billion per year) 2. created "landowner immunity", when a landowner in chain was innocent of all wrongdoing

Question 51

Industrial Site Recovery Act and Wetlands Protection

Answer 51

provides for mandatory cleanup of industrial and some commercial sites when they are closed, sold, or otherwise change membership

Question 52

Four government powers in land use regulation

Answer 52

PETE 1. police power 2. eminent domain 3. taxation 4. escheat