Land-Use Regulations and Environmental Issues Flashcards
asbestos
a mineral once used in insulation and other materials that has been linked to respiratory diseases
building codes
regulations established by state and local governments setting forth the structural requirements for building
building permit
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.
carbon monoxide
a colorless, odorless gas that occurs as a by product of fuel-burning
CERCLA
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
certificate of compliance
Inspector’s statement that property is fit for human habitation
certificate of occupancy (CO)
document issued by a municipal authority stating that a building complies with building, health, and safety codes and may be occupied
condemnation
court action by which government takes private property, exercising the right of eminent domain
deed restriction
a restriction imposed by a private party in a deed for the purpose of protecting certain features that add value to the property
Department of Environmental Protection
NJ agency that oversees natural resources and regulates certain activities
eminent domain
the right of a government or quasi-public body to acquire property for public use through a court action called condemnation
escheat
the reversion of property to the state, on the owner’s dying without legal heirs.
exclusionary zoning
illegal practice of keeping low-income and moderate-income families out of suburban communities
inverse condemnation
when a government takes a property for public use that greatly damages the value of the plaintiff’s property
lead-based paint
paint used up until 1978 that can cause damage to kidneys, nervous system, brain, and red blood cells
master plan
primary method by which local governments recognize development goals
AKA general plan
nonconforming use
a building that does not conform to the zoning use because it was erected before the enactment of the zoning law
urea-formaldehyde insulation
a material first used in insulation in the 1970s, which can leak gas and become trapped in the interior of a building
police power
power vested in a state to establish legislation to preserve order, protect public health & safety, and promote general welfare
radon
radioactive gas produced by the natural decay of other radioactive substances
variance
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.
zoning ordinances
laws of local government authorities that regulate and control the use of land and structures within designated districts (zones)
the ownership rights a person possesses in a parcel of real estate are subject to public and private land use controls such as ____
zoning ordinances, building codes, and deed restrictions
restrictive covenant
a statement imposing a restriction on the use of land so that the value and enjoyment of adjoining land will be preserved
when a deed restriction and a zoning provision cover the same subject,______
the more limiting restriction will prevail
can subdividers/developers enforce deed restrictions?
yes, through court action
in the case of eminent domain, the taking of real estate for public use must be_______
for the public good and the owner must receive just compensation
if owner does not agree to the taking of property, or a fair price cannot be agreed upon, then
a condemnation suit can be initiated
What are the four government powers in land-use regulations?
- police power
- eminent domain
- taxation
- escheat
taxation
a charge to raise funds to meet the public needs of a government
zoning regulates and affects things such as
- uses of land
- lot sizes
- types of structures permitted
- building heights
- setbacks (minimum distance from street to structure)
- density (ratio of land are to structure area/population)
five classifications of land
- residential
- commercial
- industrial
- institutional
- recreational
multiple-use zoning
permit planned unit developments
buffer zone
buffers the impact of one zone to another
greenbelt
natural, undeveloped, and/or agricultural lands that surround urban areas
building envelope
a defined portion of a lot where building construction will be permitted, or other activities as described on the plan
setback
the distance a house or structure must be from the front, side and rear property lines
subdivision regulations
- location, grading, alignment, etc
- installation of sewers
- minimum dimensions of lots
- building and setback lines
- areas to be reserved/dedicated
- easements for public utilities
encapsulation
sealing off disintegrating asbestos that may be preferable to removal in certain circumstances
Lead-Based Paint Hazard Reduction Act
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.
When was the use of urea-formaldehyde foam insulation banned?
in 1982 by the Consumer Product Safety Commission
electromagnetic fields
a potentially hazardous form of radiation caused by movement of electrical currents (high-tension power lines)
groundwater contamination
ground water that gets contaminated can threaten supply of clean water for private wells or public water systems
Underground storage tanks
neglected fuel tanks can leak hazardous substances into the environment
a landowner is liable under CERCLA when_________
a release or a threat of release of a hazardous substance has occurred on their property
superfund
the $9 billion fund allocated to cleaning up uncontrolled hazardous waste sites and respond to spills established by CERCLA
strict liability
owner is responsible to the injured party without excuse
joint and several liability
each individual owners is personally responsible for the total damages
retroactive liability
liability is not limited to the current owner, but includes people who have owned the site in the past
Superfund Amendments and Reauthorization Act
- stronger cleanup standards for contaminated sites and 5x funding ($75 billion per year)
- created “landowner immunity”, when a landowner in chain was innocent of all wrongdoing
Industrial Site Recovery Act and Wetlands Protection
provides for mandatory cleanup of industrial and some commercial sites when they are closed, sold, or otherwise change membership
Four government powers in land use regulation
PETE
1. police power
2. eminent domain
3. taxation
4. escheat
