Chapter 9 - Land-Use Regulation and Environmental Issues Flashcards Preview

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Flashcards in Chapter 9 - Land-Use Regulation and Environmental Issues Deck (21):
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Asbestos

A mineral once used as insulation banned in 1978.

1

Building codes

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.

2

Building permit

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.

3

Carbon monoxide

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

4

CERCLA

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.

5

Certificate of compliance

Issued for an altered building after inspection shows satisfactory work.

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Certificate of Occupancy (CO)

Issued by the building department after inspection of a new structure found to be satisfactory with building codes and zoning ordinances.

7

Condemnation

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

8

Deed restriction

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

9

Department of Environmental Protection (DEP)

New Jersey agency overseeing natural resources.

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Eminent domain

Enables a government to exercise its right to acquire privately owned real estate for public use through a process of condemnation.

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Escheat

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.

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Exclusionary zoning

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.

13

Lead-based paint

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.

14

Master plan

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.

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Non conforming use

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.

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Police power

The power vested in a state establish legislature to preserve order, protect the public safety and promote the general welfare. the use and enjoyment of property is subject to restrictions,including environmental protection laws, zoning and building ordinances regulating use,occupancy size, location,construction, and rental of real estate.

17

Radon

A radioactive gas produced by the natural decay of other radioactive substances, especially prevalent in the eastern United States. Remediation is indicated if radon levels measure 4 picocuries (PCI). May be the most underestimated cause of lung cancer. According toNew Jersey Sate law, a seller must reveal to a prospective buyer the results of all radon testing and any mitigation work, when the contract of sale is entered into. The Commission advises seller's agents that they have a duty to keep confidential any information about radon tests results or mitigation work until the contract of sale is entered into, unless the seller has authorized the agent in writing to discuss the matter with buyers.

18

Urea-formaldehyde

First used in building materials, particularly in the the 1970's. Gas leak out of the urea-formaldehyde foam insulations (UFFI) as it hardens and becomes trapped in the interior of a building. In 1982, the Consumer Products Safety commission banned the use of UFI. The ban was reduced to a warning that there was insufficient evidence to support the ban.

19

Variance

Allows an exception to allow a use of property that does not meet zoning requirements. e.g set back from road for an owner that has suffered hardship as a result of a zoning ordinance.

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Zoning ordinance

Laws of local government authoritities that regulate and control use of land and structures within designated districts. Zoning regulates and affects such things as the land, lot sizes, types of structures permitted, building heioghts, set backs and density. Zoning generaly divide land into five classifications: (1) Residential, (2) Commercial, (3) Industrial, (4) Institutional and (5) Recreational,