19.3 Florida's Comprehensive Plan + 19.8 The CERCLA

What is Florida's Comprehensive Plan?

Provides local governments with authority to develop land use plans.

provides a vision for the future of the community along with the steps that are needed to make that vision a reality. It is the basis for land use regulations and provides a nexus between the community's future vision and the regulation of private property.

What is the role of the Florida Department of Community Affairs?

Approve and issue permits based on infrastructure.

The Department of Community Affairs (DCA), Division of Housing and Community Development helps ensure that buildings throughout Florida are constructed to uniform standards, by providing technical assistance and training in the Florida Building Code for the benefit of local governments and the construction industry.

What is the Division of Housing and Community Development (HCD) responsible for?

The Housing and Community Development (HCD) Division administers and coordinates programs for affordable housing, community development, public service initiatives, and small business assistance that targets and benefits low- and moderate-income residents.

Maintaining uniform standards for construction industry.

What must a local comprehensive plan contain?

Elements requiring coordination with neighboring communities.

Local comprehensive plans must contain sections, called elements, that deal with specific aspects of the community's development: capital improvements, future land use, transportation, sanitary sewer, solid waste, drainage, potable water and natural groundwater aquifer recharge, natural resource conservation,etc

What is future land use?

Outlines how land will be distributed and for what purpose.

What is included in traffic circulation plans?

Existing and future traffic flow for vehicles, pedestrians, and bicyclists.

What plans must be in place prior to expansion?

Water, sanitation, and solid waste plans.

Why is housing included in community planning?

To accommodate new employees of growing businesses.

to provide decent housing, a suitable living environment, and expand economic opportunities for low and moderate income persons.

Land use control ordinances

government ordinances, codes, and permit requirements that restrict the private use of land and natural resources, to conform to public policies.

to limit population density, noise, pollution, and to maintain the aesthetics of the neighborhood.

What are optional elements in community planning?

Historical and scenic preservation, and economic and public buildings.

concurrency is __

a state requirement that development is not to proceed unless infrastructure capacity and specific urban services are in place to service the new development.

What is a capital improvement program (CIP)?

a short-range plan, usually four to ten years, which identifies capital projects and equipment purchases, provides a planning schedule and identifies options for financing the plan.

Also called a capital improvement plan (CIP)

What is the purpose of plans for open space conservation?

help communities protect their environment, improve quality of life, and preserve critical elements of the local heritage, culture, and economy.

What is the purpose of coastal zone protection?

To maintain, improve, and restore coastal property while preserving wildlife and historic resources.

protect and enhance the state's natural, cultural and economic coastal resources.

reduces the risk of flooding by slowing erosion, dissipating wave energy and creating defences to hold back waves.

What is intergovernmental coordination?

Coordination of plans for land use by school boards and other services.

activities that foster working relationships with other governmental and quasi-governmental agencies.

What is CERCLA?

Comprehensive Environmental Response Compensation and Liability Act

When was CERCLA passed and amended?

1980 and 1986

The CERCLA, also known as "Superfund", was enacted by Congress. This law created a tax on the chemical and petroleum industries and provided broad Federal authority to

respond directly to releases or threatened releases of hazardous substances that may endanger public health or the environment.

• established prohibitions and requirements concerning closed and abandoned hazardous waste sites;

• provided for liability of persons responsible for releases of hazardous waste at these sites; and.

• established a trust fund to provide for cleanup when no responsible party could be identified.

What does CERCLA assign to those responsible for contamination?

Liability

What are the three types of liability under CERCLA?

Strict liability, joint and several liability, and retroactive liability

What does strict liability mean?

No exceptions to the property owner's liability to injured parties

liability which does not depend on actual negligence or intent to harm.

a concept applied in both civil and criminal law that holds a defendant responsible for their actions regardless of their intent at the time of the action.

What does joint and several liability mean?

Each owner is fully liable for the cleanup and consequences of the property contamination

a legal term for a responsibility shared by two or more parties to a lawsuit.

makes all parties in a suit responsible for damages up to the entire amount awarded. That is, if one party is unable to pay, the others named must pay more than their share. In a contract, “jointly and severally liable” means the same thing as “joint and several liability.”

What is retroactive liability?

Liability for contamination can be applied to previous owners of the property as well as the current owner(s)