RE Principles Ch. 24 Control of Land Use and Green Initiatives

is to ensure that our limited supply of land is being put to its highest and best use for the benefit of the general public as well as private owners.

1. public land-use controls: zoning ordinances, subdivision regulations, and building codes.

2. Private controls: deed restrictions

3. environmental legislation

• -zoning
• -subdivision regulations (population control)
• -codes that regulate building construction, safety, and public health; and
• -environmental protection legislation.

• Aka master plan; to guide the long-term development of a government subdivision, such as a city or county, to ensure that social and economic needs are balanced against environmental and aesthetic concerns.
• -expresses community goals and objectives; plan on how to improve city or county.

economic and physical surveys

• Aka tax increment financing (TIF)
• -is created by a city council to attract new business to an area.
• -when a city faces difficulties in stimulating economic development in downtown areas due to deterioration and vacant buildings.
• -help finance the cost of redeveloping or encouraging infill development in an area of a city or county that would otherwise not attract sufficient private investment in the reasonably foreseeable future.
• -Taxes are set aside in a fund to finance public improvements in a reinvestment zone

homestead preservation districts and reinvestment zones

• true
• EX: If the taxable value for a base year is set at $6 million and improvements to the area increase the taxable value to $7 million, the taxes collected on the additional $1 million, or increment, is earmarked for the TIF fund to pay for project costs.

the amount by which something increases

zoning ordinance

zoning

enabling acts.

false; delegates powers to munipalities but not cities

true

true

agricultural, residential, commercial, and industrial

true

• A special zoning classification used by many communities for cluster zoning, multiple-use zoning, or special-purpose zoning. 
• -a planned combination of diverse land uses, such as housing, recreation, and shopping, in one contained development or subdivison. 
• -Permits a mixed-use zone for properties that would normally not be compatible and creates a unified development in which one or more residence areas is combined with one or more commerical or office areas.

• zoning districts that gradually change from a higher-intensity use to a lower-intensity use.
• EX: a high-density multifamily zone for apartments might be placed between commercial and single-family zones.

to control density and prevent overcrowding through restrictions on setback, building height, and percentage of open areas.

to require that new buildings conform to specific types of architecture

to require that street floors of office buildings be used for retail establishments.

to use zoning as a planning tool to encourage use of land for its highest and best use.

planning and zoning commission

the rights of individuals and property holders (due process under 14th amendment) or (provisions of the state constitution)

• power be exercised in a reasonable manner
• -provisions by clear and specific
• -ordinances by free from discrimination
• -ordinances promote health, safety, and general welfare under the police power concept; and 
• -ordinances apply to all property in a similar manner.

-If 205 of the owners protest the change, but the governing body must approve the change by at least three-fourths vote.

zoning in a small area that differs significantly from adjoining parcels; convenience store in the middle of a residential area.

• -aka special use permit
• -allow a property to use only if stipulated conditions are met; special conditions are for the benefit of a neighborhood, not the individual property
• -EX: B&B in a residential area, P&Z will put special requirement on the B&B to take the burdens off of the single-family residential properties: setback from street, extra landscaping, controlled parking, etc.

P&Z; planning and zoning commission

• -is a use that predates the zoning ordinances or its amendments
• -when after a rezoning process, sometimes the use of an existing building or the building itself no longer conforms to the new zoning classification
• -The use may be allowed to continue, until 1. the current use is discontinued, 2. the improvements are destroyed or torn down, or 3. the ownership of the property is transferred. OR will be amortized over a specified period, allowing for a return on the owner's investment but setting a definite sunset period for the use to conform with the new zoning ordinances.

• -permits an exception to a zoning ordiance; it is for the benefit of one parcel only
• -used mainly if the new zoning ordinanace would cause the property owner hardship because of special circumstances, but not to cut development costs.
• -EX: height of a building, minimum square footage of the lot area, etc.

• false; zoning variances are heard by zoning boards of adjustments (ZBAs), which have been established to hear complaints about the effects of zoning ordinances on a specific property. 
• ***Members of these boards must be free of personal or political influences.

variance to the ZBA.

back out of the transaction

• -a half-mile to five-mile area surrounding an incorporated area over which the municipality has the right of subdivision approval and the potential for annexation.
• -the purchaser is charged with contacting all municipalities in the general proximity of the property to determine whether the property is located within, or is likely to be added to, a city's extraterritorial jurisdiction.

incorporation by joining or uniting; take over

1. Initial planning stage: seeks raw land, licensed surveyor for land, subdivision plat submitted to the city planning staff for evaluation; they use subdivision regulations; passes or needs adjustments/amendments to zoning map; surrounding property owners may need to be notified.

2. Final planning stage: plans approved, recorded in the county clerk's office and the city issues a certificate to the developer; rules and regulations laid out; paper work done to begin developing process

3. Disposition or start-up stage: carries out development; streets, curbs, gutters, sanitary and storm sewers, and utilities are installed; construction and marketing begins

• -location, grading, alignment, surfacing, and widths of streets, highways, and other right of ways
• -installation of sewers and water mains
• -dimensions of lots and length of blocks
• -areas to be reserved or dedicated for public use, such as parks or schools; and 
• -easements for public utilities

building codes

building permit; verify compliance with building codes and zoning ordinances by examining the plans and inspecting the work.

true; meaning even though someone gets an approved building permit for a project, if it violates a deed restriction, it can be torn down or stopped

true

true

certificate of occupancy

-placed by the owner or developer on the use of land by including a provision for it in the deed when the property is conveyed or by filing a separate declaration of restrictions with the county clerk.

true

true

true; public owneship

• -consumer protection act, the law requires those engaged in the interstate sales or leasing of 25 or more lots to file a statement of record and register the subdivision with HUD. 
• -Seller has to give a property report to prospective buyers; contains all essential info about the property; distance over paved roads, number of homes currently occupied, soil conditions, septic systems, etc.

Texas Commission on Environmental Quality (TCEQ)

false; property may change drastically by environmental factors or green factors.

• -the primary environmental agency for the State of Texas
• -provides technical and compliance assistance for pollution prevention issues
• -administers clean air, clean water, safe management of waste, resource conservation, Superfund, and toxic release program

-provides direct services to prevent occupational and environmental diseases through identification, evaluation, and control of environmental health hazards including asbestos; lead; indoor air quality (mold); radiation control; uranium mining, processing, and by-product disposal

-administers the laws and regulations pertaining to endangered or threatened animal and plant species in Texas

1978

false; it is the agents responsibility

• -buyer can fill out an environmental assessment addedum promulgated by the TREC creates a contract contingency allowing a buyer to get an environmental inspection in a residential transaction.
• -the addendum permits a buyer to terminate a contract if environmental research or reports indicate conditions that adversely affect the use of the property.

true

true

-checks the property's history of use, tests soil, water, air, and structures, etc.

false; they have to be certified.

true

as a condition of closing

• "black gold rush" which was a lot of lawsuits against the insurance companies where homeowers sued them stating that the care for mold was mishandled.  
• -now only mold caused by water damage may be covered

true; although some people are affected more.

• -attend to a water event no later than 24 to 48 hours.
• -Hard surfaces mold removal can be done by cleaning with commercial products, soap, and water or a weak bleach solution.
• -Softer surfaces such as ceiling tiles, drywall and carpet have to be replaced.
• -If there is an extensive amount of mold, a licensed mold remediation contractor may need to be hired; receive a Certificate of Mold Remediation

• -established a $9 billion Superfund to clean up uncontrolled hazardous waste sites and to respond to spills
• -identifies potential responsible parties and ordering them to take responsibility for the cleanup action.

true; a landowner can seek reimbursement for cleanup cost from other's action by showing they had no knowledge of the damage and have sought to exercise due care by making a reasonable search to determine the properties environmental standing.

false; under certain circumstances they can be such as improper disclosure; therefore, licensees must be aware of potential environmental risks from neighboring properties, such as gas stations, manufacturing plants, etc.

the degree of panic and suspicion that exists in the current market.

lender

• -can be an environmental risk
• -a mineral that has been used for many years as insulation; floor tile and roofing material
• -harmless if not disturbed, but cancerous (respiratory) if disturbed; dust

• -can be an environmental risk
• -colorless, oderless gas that occurs as a by-product due to incomplete combustion when burning such fuels as wood, oil, and natural gas. 
• -Furnaces, water heaters, space heaters, fireplaces, and wood stoves all produce CO as a natural result of their combustion of fuel. 
• -Improper ventilation or equipment malfunction may result in dizziness and nausea, or even death

• -can be an environmental risk
• -generated by the movement of electrical current through any electrical appliance. 
• -major concern involves high-tension power lines.
• -EmFs are suspected of causing cancer, hormonal changes, and behavioral abnormalities--although to date there is no proof.

• -can be an environmental risk
• -not only the runoff at ground level but also the underground water systems that are sources for public and private wells.
• -contamination occurs from a number of sources, including waste disposal sites, underground storage tanks, pesticides, and herbicides.

• -can be an environmental risk
• -mineral used in paint to protect wood from damage by water; also has been used in the installation of water pipes
• -becomes a health hazard when ingested 
• -a disclosure notice is required on the lease or sale of properties built before 1978
• -can cause damage to the brain, kidneys, nervous system and red blood cells; more harmful to younger children

• -makes up 25% of the earth's biomass; found in all nonsterile environments; indoor and outdoor
• -growth is associated with flooding, excessive humidity, water leaks, or condensation; warm humid conditions
• -to date, no federal or state regulations establish exposure levels fro molds as they affect air quality

• -can be an environmental risk
• -carcinogenic substance used before 1977 as coolants and lubricants in transformers, capacitors, and other electrical equipment.
• -also found in consumer products such as old lighting fixtures, electrical applicances, and hydraulic oils.
• -wastes that contain PCBs have been buried in landfills and PCBs have entered the environment from accidential spills and leaks; do not break down easily, remind in environment for a long time.
• -health hazords range from skin conditions to liver cancer

• -can be an environmental risk
• -an oderless, radioactive gas produced by the decay of other radioactive materials in rocks under the surface of the earth that generally enter a house through cracks in the found or through the floor drains.
• -long exposure can cause lung cancer

• -can be an environmental risk
• -used in both residential and commercial settings
• -from 3 million to 5 million underground storage tanks in the U.S. contains hazardous substances such as gasoline or home heating oil.
• -when the containers become old and rust and start to leak, the material can enter the groundwater and contaminate wells and pollute the soil. 
• -According to the Environmental Protection Agency (EPA), around 40% of the tanks are leaking.

• -can be an environmental risk
• -a human-made insulation material that become dangerous because of the gases released from the material after it hardens.
• -UFFI is known to cause cancer in animals; in humans, it can cause respiratory problems and eye and skin irritation.

• -can be an environmental risk
• -for landfill operations or radioactive material disposal that can affect property values in surrounding areas.
• -landfills constructed on the wrong type of soil will leak waste into nearby wells
• -emissions from radioactive wastes can cause cancer or death.

true

true

• -effective insulation
• -high-performance windows, 
• -tight construction and ducts,
• -efficient heating and cooling equipement, and 
• -energy-efficient lighting and applicances.

15%

true; online, energy auditiors

• -another common green building certification
• -rating system issued by the US Green Building Council. 
• -measures performance  in nine key areas; 
• --using a previously developed lot close to community resources and transit
• -monitoring energy use
• -reusing and recycling building materials 
• -educating homebuyers
• -using renewable and clean sources of energy
• -using water-wise landschaping.

National Green Building Standard (NGBS)

Energy Star

• -better for environment
• -saves money in long run
• -great selling factor

• -Home Energy Rating System 
• -the standard new home built to 2009 standards would rate a 100.
• -the score will drop if builders do anything more than what is required in the way of energy efficiency.
• -each one point decreases in the HERS index corresponds to a 1% reduction in energy consumption.
• -EX: houses with a 72 rating are 28% more efficient than a standard house; a house with a 50 rating would be 50% more efficient.

• -typically used to purchase a new home that is already energy efficient, such as an Energy Star--qualified home
• -or a borrower can have a home energy rater verify that the home is energy efficient. 
• -Pros: purchaser can qualify for a larger loan because of money saved.
• -offered in conventional, VA, and FHA.

• -Texas offers an ad valorem property tax exemption for the portion of the appraised property value that arises from the installation or construction of a solar or wind-power energy device that is primarily for the production and distribution of thermal, mechanical, or electrical energy for onsite use, or devices used to store energy.
• -solar energy; heat, water wind, biomass
• -Residential Energy Efficiency Tax Credit; periodically; federal; available to offset the cost of energy-efficient applicances and repairs; income tax credit deducted from the IRS; energystar.gov, click on Tax Credit for Energy Efficiency tab for current program offerings.
• -federal Residential Renewable Energy Tax Credit; purchase of renewable energy systems; solar water heaters, wind turbines, fuel cells, etc.; taxpayer can claim a credit of 30% of qualified expenditures for a system that serves a dwelling unit used as a US residence by the taxpayer; there is no max amount that can be deducted for systems placed in service after 2008; dsireusa.org/incentives

false; is available to residential, commercial and industrial

true

energystar.gov/rebatefinder

• thedailygreen.com
• thegreenguide.ocm

19

NAR Green Designation

a conditional use permit

• subdivision regulations
• environmental protection laws
• zoning ordinances

provide evidence of compliance with municipal regulations

state enabling acts.

local requirements that building permits will not be issued unless the proposed structure conforms to the zoning ordinance.

a restrictive covenant