Sustainable Land Development Today - January 2008 - (Page 18) Regulations Federal Energy Management Program (FEMP) by the end of Fiscal Year 2013. The bill will update the Energy Policy and Conservation Act to set new appliance efficiency standards that will save energy. The act amends the Energy Policy and Conservation Act (EPCA) to prescribe or revise standards affecting regional efficiency for heating and cooling products, procedures for new or amended standards, energy conservation, energy efficiency labeling for consumer electronic products, residential boiler efficiency, electric motor efficiency, and home appliances. The bill will establish an Office of High-Performance Green Buildings (OHPGB) in the U.S. General Services Administration. This office will promote green building technology implementation in federal buildings. Alabama A legislative measure was approved by 79 percent of the voters that increased to $400 million amount of bonds authorized for capital improvements in the state. California Currently in California, city or county general land development plans are required by state statute to include specified mandatory elements, including a land use element, a conservation element, and a safety element. Chapter 369 of the Statutes of 2007 now requires these three elements to address flood control management. The land use element now must identify and annually review those “areas covered by the plan that are subject to flooding as identified by flood plain mapping prepared by the Federal Emergency Management Agency (FEMA) or the Department of Water Resources.” On or after Jan. 1, 2009, and upon the next revision of the housing element, the conservation element must identify rivers, creeks, streams, flood corridors, riparian habitat, and land that may accommodate floodwater for purposes of groundwater recharge and stormwater management. Plus, the safety element must identify flood hazards. A second new law, SB 2, now Chapter 633 of the Statutes of 2007, amends the housing element requirements of the planning and zoning laws to include a requirement that the local government assess the locality’s emergency shelters needs, and requires that the housing element to identify a zone or zones where emergency shelters are allowed as a permitted use with a conditional use or other discretionary permit.* New York An appeals court in New York ruled that open space restrictions placed on an approved subdivision plat is valid for subsequent purchasers. The bottom line was that the imposition of conditions on subdivision plat approvals that are properly filed provide sufficient notice to subsequent purchasers and such conditions should be easily found in the chain of Farm, Nutrition, and Bio-energy Act of 2007 (Farm Bill) Until the Farm Bill is actually signed, dissected and analyzed, it is difficult to speculate on how it will impact the land development industry. One item is certain, a national farm policy typically factors into the price of land. This alone will change the economic landscape of a changing rural and suburban America. Also, for the first time, a Farm Bill includes tax credits for bio-fuels production while also funding wind power. In a research report released Dec. 5, 2007, Deutsche Bank's analysts say the windenergy industry is growing more attractive as an investment option. The report indicated that both entry-level investments and takeover activity are evidence of a greater interest being taken by traditional energy companies in wind energy -- and a new wave of wind power industry consolidation could be beginning. title by professionals who conduct title searches and land surveys. Following a certified question to the New York State Court of Appeals from the federal Second Circuit Court of Appeals, the Court of Appeals held that an open space restriction placed on a final subdivision plat pursuant to Town Law §276 (which regulates subdivision review), when filed in the Office of the County Clerk (pursuant to Real Property Law §334), is enforceable against a subsequent purchaser. The court also noted that Town Law grants the authority to town regulate land within their borders, that this grant of authority includes the right to impose reasonable conditions on subdivision approvals, and that, “The ability to impose such conditions on the use of land through the zoning process is meaningless without the ability to enforce those conditions…” including against subsequent purchasers. State Level Initiatives, in the form of public ballots, involving land development issues were less abundant in 2007 than in 2006. Voters in six states considered a total of 34 ballot questions, but only a few directly affect our industry. In some states, court rulings helped clarify some land use laws. Oregon Oregon voters approved Measure 49 that significantly limits land development and weakened the state’s landmark Measure 37 that requires governments to compensate land owners when regulations reduce the value of their property and it further restricted large developments. It was approved by a 62-38 margin. The old measure (37) stipulated that if a government regulation (such as a zoning restriction, for example) reduced the value of a piece of property, citizens could demand compensation from the government for the lost revenue. In lieu of paying compensation (which would have run into the billions in Oregon), governments may opt to waive the land use regulation in question. The newly passed Measure 47 allows landowners the right to build a limited number of homes on their property as compensation for land use regulations imposed after they bought their property. It also prohibits subdivisions on high-value farmlands, forests and groundwaterrestricted lands, and specifies that claimants may not use Measure 37 to override zoning laws prohibiting commercial and industrial developments on 18 January 2008 Sustainable Land Development Today
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