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.4.
Design Within a Historic District:
Single Family Housing in Radcliffeborough
Charleston, South Carolina
Prepared by
Charles Edwin Chase
AE 622
Winter 1975
for
Professor F. Blair Reeves
fig. 1
"Charleston has saved many of its mansions
and villas and rightly so; however, we are
rapidly losing all evidence of how the average
man lived in the 18th and early 19th centuries.
His existence was the backbone of the building
of this unique city."
Preservation Progress
November, 1974
Preface
The city of Charleston, South Carolina, one of the nation's
oldest and continuously used cities in America has like all others
felt the pressures of expansion and increased development. It,
however, is in a unique position of having maintained buildings and
groupings of structures of architectural and historical merit. The
efforts of individuals, foundations and societies has in the past
and continues today to bring attention to structures in areas of the
city which should be revitalized to combat deterioration and loss of
Charleston's environment.
Today in an ever increasing industrialized society, Charleston
faces the complex problems of population expansion, urban sprawl,
increasing densities and inner city deterioration. The reasons for
these and other problems are many and are not solely unique to
Charleston but the means of solving them are and have been successful.
The architectural and historical significance of Charleston has
given it an advantage over most cities in that it is beginning to use
the resources at hand. This port city boasts of more original
architecture than any other but most of all it has provided a living
record of the progress of the building arts throughout the centuries
of its use.
(This is Charleston, p. 3)
Table of Contents
Problem Definition
Old City District and Area Considerations
Physical Description and Existing Resources of Radcliffeborough
Prevailing Regulations, Codes and Restrictions
Economic Feasibility of Proposed Rehabilitation and New
Construction
Design Parameters for Development
Prototype Design for Single Family Residences.
Site Development within Radcliffeborough Blocks
Appendices
Bibliography
LEGEND
PRESIDENTIAL
U PUBLIC AND SEMI-PUBLIC
LOCAL BUSINESS
U OTHER BUSINESS
OFFICE AND INSTITUTIONAL
U CONVENTION CENTER
U INDUSTRIAL AND PORTS
PRINCIPAL ARTERIES
,- MINOR ARTERIES
LAND USE PLAN
fi a. L
Problem Definition
Radcliffeborough, an area north and outside the designated
'old and historic' district of Charleston has in recent months
become a place of interest to those who wish to settle in the
peninsular city of Charleston. The location of this neighborhood
laid out in 1786 by Thomas Radcliffe and surveyed by J. Purcell
liess within a major residential section of Charleston. It does
however have within reach the College of Charleston and the
Charleston Medical College.
Within the area there is the movement toward (an attempt at)
upgrading the living conditions of the residents and to encourage
people not to abandon living in the urban area of Charleston. In
addition there exists external interests which would like to
encourage new residents to stabilize and rehabilitate the area.
Historic Charleston Foundation in particular has sought to
encourage old and new residents to revitalize the area with
renovation and rehabilitation and new construction. It is to this
end that this study has been prepared.
Two major elements will be considered: First, the renovation/
rehabilitation of the existing structures in Radcliffe St,
between Smith and Jasper to the north, and those structures which are
bounded by Radcliffe, Smith, Thomas, and Warren Streets; Secondly,
the inclusion of new, contemporary housing within that block which
will blend in physical character as well as type and existing
pattern.
Housing both renovated and contemporary should not displace
existing owner occupied residents. There will be no attempt at
designing for specific families but will provide a prototype
which could be utilized in other areas where the characteristic
Charleston house predominates.
Within the existing framework of the block new housing will
attempt to fill the gaps that condemned, destroyed, or vacant
properties have created. The basic design parameters which are
herein outlined stem from the characteristics and qualities of
housing found in the general area. Materials, methods of con-
struction, heights, widths, color, texture, proportion, and other
elements will be described and considered in the development of
new housing.
Costs of moving, renovation, and new construction will be
outlined including what is possible in terms of cooperative block
recreation facilities. Within a basic cost estimate of construction,
the design of housing will also follow local zoning, flood and
height regulations as well as the prevailing Southern Standard
Building Code.
As a further step in working toward a realistic scheme, this
study will also attempt to work within the guide lines established by
the recent Preservation Program for Charleston. For the purpose
of reinforcing the work and programs already initiated, this study
aims toward an analysis of the factors,'problems of new construction
within an area worthy of preservation and an attempt at solving
some of those problems within the established parameters.
The remaining written discussion will be broken down into
seven main areas, those being:
1. The old city district and area considerations
2. Physical description and existing resources--
Radcliffeborough
3. Prevailing regulations, codes and restrictions
4. Economic feasibility of proposed rehabilitation of
structures and new construction
5. Design parameters for new construction
6. Prototype design for housing units
7. Site development within Radcliffeborough Block
THE STUDY AREA
fio. 3
The Old City District
Radcliffeborough, the area of concern, lies within the
'Old City District' established under Article III, Section 51-23
subsection (1) of the zoning ordinance of the city of Charleston.
In order to provide protection to these buildings which lie within
this area, but not under the special protection of the Board of
Architectural Review as are the structures of the Old and Historic
Districts, criteria should be established to provide that new
construction work in harmony and protect the existing fabric of
the city and the neighborhoods. This criteria spells out the
parameters for contemporary design and for rehabilitation within
the context of the neighborhood and street. This is meant to give
the designer/developer prior knowledge of what is expected and what
would best serve the neighborhood. With ever increasing interaction
and overlapping effects of new construction, the designer today
cannot ignore the surrounding external elements which make up the
environmental factors of the site. Beyond wind, rainfall, sunshine
and lot dimensions, density and its inherent problems must be
considered along with continuity (not boredom) of materials, color,
texture, scale, heights, rhythm, proportion, relationship of details,
roof shapes and relationship of landscaping.
The establishment of regulations concerning these factors at
first look to be too limiting and against the freedoms of development
of private property. However, it must be pointed out that Charleston
as other cities does not have the resources of land or economy to
allow rampant development to destroy those amenities and favorable
conditions which provide the economic well being of the area. In an
era of decreasing materials and rising costs new development must
work within the framework of existing resources and provide for the
coexistance of old and new. The pressure to build must be balanced
with the pressure to conserve and preserve what residents and new-
comers alike seek. It is within the existing fabric that these
parameters for development come.
LEGEND
BLOCKS IN WHICH 25% OR FEWER
BUILDINGS ARE DETERIORATED
BLOCKS IN WHICH 25.1%-50% OF
THE BUILDINGS ARE DETERIORATED'
BLOCKS IN WHICH 50.1%-75% OF
THE BUILDINGS ARE DETERIORATED
BLOCKS IN WHICH 75% OR MORE OF
THE BUILDINGS ARE DETERIORATED
BUILDING CONDITIONS
fig. ~
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~i~i~3BI[II B I~a"i arrl;B9 71
- -
Physical Description of Study Area--Radcliffeborough
Radcliffeborough has been selected as a prime example of what
is found throughout the area north of Calhoun Street, south of Line
Street, and west of Coming Street to the Ashley River on the west.
This eight block area has included in its boundaries both residential
and small commercial structures as well as religious and educational
facilities. Within the area the block as displayed in Figure 4
provides an opportunity for new design and construction and rehabili-
tation of existing resources within the context of buildings which
are a mixture of unsafe and deteriorated and those worthy of
preservation. New housing must be provided for those who are now
living in unfit, unsafe structures which should be replaced, and
also provide an incentive for new residents to move into the area.
Single family residences are the rule with a number of them
accommodating multifamily occupancy.
The single family residence throughout the development of this
area has been the dominant feature. It is the reason why most people
remain and why it has been so attractive to those who seek new homes.
In other areas of the city attached dwellings and townhouses are
prevalent as they meet the needs for a popular segment of Charleston's
population. However, few if any alternatives to this exist in
peninsular Charleston in terms of new, single family residences which
are economically within the reach of young middle income families.
The external factors promoting an influx of families are the
educational and medical facilities within walking distance. This
is not to mention the intention of providing for the neighborhood
residents to remain in the area. The inclusion of expanded housing
for younger families of the area might well allow them to remain
in a familiar area rather than be forced into removing themselves to
other parts of the city.
Within the Radcliffeborough Block there exists a variety of
structures which should be examined and pointed out. With the aid
of a camera these structures are graphically displayed to allow a
better comprehension of the existing resources. This structure by
structure survey indicates what was schematically outlined in the
Preservation Plan and Inventory. Included here is a house description
and statement of condition:
0 5O 0 00
F remove
repair
stabilize
restore 0
ae 622 0
radclif feh
charleston, south carolina
fig. 5
UI u ~ J,
A-V^ T- -^VV-
Existing Resources--Radcliffeborough
Structure Significance State of Repair Inventory Reference Proposed Usage
Street Name & Number preservation
Radcliffe St #57 c. 1816, valuable good preservation--A Restore
#59 none deteriorated development/redevelopment Remove
#61 neighborhood fair conditional redevelopment Stabilize
#63 neighborhood fair conditional redevelopment Stabilize
#65 neighborhood fair conditional redevelopment Stabilize
#67 none fair conditional redevelopment Remove
#71 none fair conditional redevelopment Remove
Smith St. #140 none deteriorated conditional redevelopment Remove
#138 none deteriorated conditional redevelopment Remove/move
#136 none deteriorated development/redevelopment Remove
#134 none deteriorated development/redevelopment Remove
Warren St. #86 Antebellum, valuable fair preservation--A Restore
#84 neighborhood deteriorated conditional redevelopment Remove
#82 neighborhood good donditional redevelopment Restore
Thomas St. #15 Antebellum, valuable fair preservation--A Restore
#17 neighborhood deteriorated preservation--A Restore
#21 neighborhood good preservation--A Restore
Radcliffe St. (North side)
#62 neighborhood
#64 neighborhood
#66 neighborhood
#68 neighborhood
#70 neighborhood
#72 neighborhood
#74 neighborhood
#76 none
#78 none
fair
good
fair
fair
faiL
good
fair
deteriorated
deteriorated
conditional redevelopment
preservation--A
development
development
development
development
development
development
development
Repair
Repair
Repair
Repair
Repair
Repair
Repair
Remove
Remove
*
__ I-
THOMAS ST.
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- .- -.= I
RADCLIFFE ST.
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C. -:A
SMITH ST.
1LLII~--II;I_ ---1
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WARREN ST
The purpose of any rehabilitation or new construction is to
upgrade and enhance not to remove under some administrative formula
or governmental guideline. The establishment of hardline rules
concerning preservation areas is necessary for the protection of
an area or district's inherent values and none should be established
or supposed to exclude elements of an established neighborhood on
the basis of the areas well being. Elements such as local groceries
or shops offer a cohesiveness and identification as well as con-
venience which is not found in contemporary suburbs. (We find the
fast, all night grocery stores are attempting to fill the void of
these missing elements.) Two small groceries still exist in the
area today. It is for this reason that within the design area these
elements should be included.
Criticism has arisen concerning projects of this type because
of displacement of present tenants and owners. In most cases where
any type of urban renewal has taken place people have had to move.
Often times the move has been a drastic one for residents where it
was necessary for them to move out of the area entirely. In the case
of Radcliffeborough Block resident owners are of primary concern in
which it will be their choice to remain or put their property up for
sale. (If any move is necessary it should not be outside the area.)
It is suggested that owners be encouraged to sell some portion of
their land for a common recreation area which is illustrated in the
development plan.
Tenants of structures which are multifamily dwelling units which
are designated as non useable should be given assistance in finding
housing elsewhere in the area. Under federal renewal projects tenants
would be given just compensation for such a move.
In each specific case whether it be tenant or resident owner fair
market value for the house plus aid in finding and purchasing new homes
is called for. The planning and redevelopment agency in Charleston
should be consulted in this matter. A reputable real estate broker who
is interested in the area can also be of great help in locating people
in adjacent neighborhoods.
An estimated four resident owners would be asked to sell their
entire holdings with six tenant units asked to relocate elsewhere. Two
family units can be accommodated in the north side of Radcliffe Street
in new structures on the two building sites.which are now unfit for
occupancy. This would mean a total of eight family units would be
relocated. The major rental unit on Warren and Smith Streets is now
being vacated. The small grocery (commercial) unit on Radcliffe
and Smith Streets should be removed. However, if desirable to
the owner new facilities should be provided in which his store may
be located.
As a graphic summary, the diagram (Fig. 5 ) indicates the status
of each structure in the rehabilitation area. The determination of
whether structures were worthy of rehabilitation was discussed with
Ms. Francis Edmunds, Historic Charleston Foundation and Mr. Paul
Buchanpn, Colonial Williamsburg. Their opinions both first hand
and through the use of description photography has led to similar
conclusions in regard to the historical and architectural significance
and the possibility of rehabilitation.
The actual mechanics of relocating families either permanently
or temporary can only be suggested here. It is the responsibility of
those who would take charge of the project to seek and secure the sale
of properties either in part or as a whole. Relocation costs for
those displaced by choice should be commensurate with the incurred costs.
In some cases structures which have been isolated through adjacent
deterioration or demolition should be moved within the block to allow
the grouping of structures and also allow for new construction as is
shown in the proposed development plan.
~ ; *W10.
Ciyo Calstn ouhCirln
fi anltil.1'1-mm Mad A m i~ts
Prevailing Regulations, Codes, and Restrictions
Within the city limits of Charleston two major codes are used and
enforced. They include the Zoning Ordinance of the City of Charleston
and the Southern Standard Building Code both of which have been used in
the preparation of this program and the design of prototypical housing.
On the following page is a summary of the major code restrictions
for the Radcliffeborough area. Classified as a DR-2F Radcliffeborough
is a residential area commanding single family units with a minimum
lot area of 2500 sq. ft. with a maximum height of 3 stories or
-L:
50' 0" whichever is less. Prong, side, and rear yard restrictions
are outlined along with limitations on accessory buildings.
Parking requirements are one space per unit of off-street
parking. As the area now stands problems exist in on street parking,
therefore, when new construction takes place all new residences will
provide for its own parking.
In summary, all those elements not covered in the city's zoning
ordinances, the Southern Standard Building Code has been utilized for
maximum and minimum requirements. In the same vein Radcliffeborough
does not enjoy the review process of the 'Board of Architectural
SCHEDULE OF MAJOR AREA REGULATIONS
ZONE Front Side Yards-2/ ear Min. Lot Area per Max. % 6/ Accessory Bldg. Additional
District Yard- Minimum Width. Yard- Family In Sq. Feet of Lot Ma. to Residences- Dwelllngo
Designation Minimum Total South North Minimum Type Dwelling Unit Oec. Prin. Height Setback Required distance
a/ Depth r or Depths Multi- Bldgs. Limit. From From from Front
West East 1-Fam. 2-Fam Fam. Front Side Lot Line 4/
Street Street
SR-1 35' 18i 12' 6 S 90000 NA NA 35% 60' 70' 85' Not
2V Allowed
stories
SE-2 25' 18' 12"' 85. 6000 NA NA 00% 0" Not
2V 70' 90' Not
stories Allowed
SR-I 1/ NE 18' 12i .' 600o NA NA 52% o 80
S stories 70' 19' 100'
SR-4 I/ NE 1i' r 3 r 4000 NA NA 50% 60
S stories 70 0 806
SR-5 1/ NR 10' 7' 8' 2500 NA NA 35% 50'
S otoriee 60. 7' 760
stories
DR-1F 1/ 25' 1is 9' r 30' 4000 3000 2250 50% 50
3 stories 70" 25"' 0
DR-I 1/ NR 1S' 8V 400I 3000 2250 85% 0'
DR.F :I 2E') ) 0 1r 2 5" 1500) 200 liS 0% t 5 *"% Lo _
6/ a ae.. 600' 2 V0'l
DR-2 1/ NR 10 7 r' 7" 2500 2000 ISo0 85% LtO 6/
G/ s stories 0' 76'
DR-S 1// NR 106 7* r 2500 2000 1650 50% s6' /
.D stories S00 V' 7OV
*LI N Side yard requi- Dwe- 2500 2000 1650 Resid a lem 60' 15' t0'
meats for residences ie. m0' dwell- dist. be-
same as for D- ings tween front
IF District. None Otohe 0% ide
specifically required NM us- bldg.t
for busineses nose centerlinhs
for NA of street
on which
it fronts.
SSee condi.
tions of
exception
section.
**GB1/ Dwell- Side yard require- NR 150 1500 1900 Same Same a 60O 1I' 7'
logs ments for residences a LB
15s same as for DR-IF LB District
Bus. District None District Above
E specifically required Above
for businesses
o*LI 1/ All Residential: 2 side Dwell- 1500 1500 1500 Real- Same as 506 10 7T0
strue- yards, each at Isi dential LB
tures least 5 ft. in width. 20' dwell- District
15' Industrial and busi- Other ngs Above
nes: none peif- KR 0%
really required. Other MA
**HL 25' Minimum 25-ft. wide 20' NA NA NA MA s ame N NA NA NA
side yard required LB
on side adloining District
residences or real- Above
dence districts
Old & REFER TO AND APPLY OVERLAPPING ZONE REQUIREMENTS AND
Historical REFER TO ARTICLE III OF THE ZONING ORDINANCE.
Notes:
1. Attached Single-family Dwellings Permitted. Refer to Article V of the Zoning Ordinance Text for special provisions of standards and regulations for one-
family attached dwellings. Town or Row houses where permitted. Also refer to Article II to determine number of such units permitted in each use district.
2. Under no conditions shall the minimum distance between residences not joined by a common wall be less than three feet.
3. In any district, it shall be unlawful to construct a porch, piazza or balcony so that the same extends in whole or in part over a public street, lane, court.
or other public right-of-way without specific permission from the city executive body and compliance with all applicable city ordinanceea
4. Additional Regulations Concerning Accessory Buildings in Residential Zonesa
In any residential zone the area covered by accessory buildings shall not exceed 10% of the area of the lot (to the nearest 200 square feet) upon which the
principal building is located.
If allowed in the schedule of major area regulations, additional dwellings at the rear of a lot must meet the following conditions:
a. The minimum side yard requirements of the zone district shall be afforded the additional dwellings:
b. An additional 70 per cent of the required lot area per family shall be afforded each additional rear lot dwelling or apartment garage:
c. The per cent of the lot to be occupied by all buildings shall not exceed thirty-five per cent of the entire lot area:
d. The least distance between the main building and the garage apartment or additional dwelling shall not be less than twenty-five (25) feet:
e. A garage apartment shall not be closer than twenty (20) feet to the rear property line and shall comply with the distance from front lot line requirements
listed in the schedule of major area regulations.
5. See Article entitled "Exceptions and Modifications".
6. See special height and area modifications for residential structures in excess of fifty (50) feet ("high rise") In Article VII.
Abbreviations: NA-Not Applicable, NR-Not Required.
*7. See special height and area provisions for this classification, which are set forth in Sec. 51-86.
**8. In LB, GB. LI and HI districts, a hotel, motel, apartment motel, multi-family dwelling consisting of more than twenty units, or other similar structure for
lodging purposes shall be considered a business, and shall not be subject to residential requirements set forth in this table.
Review' so a set of criteria has been established in this report
under Design Parameters for Development.
* 1 & t
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Economic Feasibility of Proposed Rehabilitation and New Construction
The feasibility of a project such as this stems from the economic
parameters surrounding rehabilitation and new construction. Within
the realm of economics new construction and land values can easily
be calculated. However when considering the cost of rehabilitation and
what can be expected in terms of fair value it becomes a somewhat more
involved process.
The Community Development Act of 1966 authorizes planning agencies
in some instances to procure and rehabilitate structures within a
renewal area and resell the property at an 'after rehabilitation' value
to private interests. This value of individual properties is calculated
by capitalizing the income which could be produced by the rehabilitated
structure. The conditions for economical rehabilitation by the
property owner would be that value of the property after rehabilitation.
It would have to exceed the value of the property before rehabilitation
plus the cost of rehabilitation. Where this can be done the present
owner could be encouraged to rehabilitate the property. Where it
cannot be done, some form of public financing would have to be provided
to develop the profitability of rehabilitation. Public acquisition and
resale at a lower pre-rehabilitation value can be done where
profitability cannot be demonstrated for the present owner. Resale
would include in its value the encumbrances of management, overhead,
loss of income during rehabilitation and operating costs. Broken
down these elements are known as the renewal factors and developer
factors.
The interaction of these factors:
Va = before rehabilitation (appraised value)
Vb = cost of rehabilitation
C1 = developer factor (overhead, loss of income)
C2 = renewal factor (complications and encumbrances of
rehabilitation requirements)
Vc = after rehabilitation value
Vr = fair value for rehabilitation (sale price for
rehabilitation)
is expressed as:
Vr = Vd [Va + Vb + Vb(C1 + C2)]
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An example of this formula which has been approved by H.U.D.
previously:
Va = appraised value = $12,000.00
Vb = rehabilitation costs = $20,000.00
Vd = after rehabilitation value = $50,000.00
C1 & C2 = 20% developer and renewal factors
Vr = 50,000 [12,000 + 20,000 + 20,000(20% + 20%)
Vr = $2,000 sale price to rehabilitate
This type of public expense may at first seem unfeasible in terms
of capital outlay. It must be noted that once structures of this type
are put back on the tax rolls at higher assessed values they will
produce a higher tax revenue.
In the light of rehabilitation and new construction the feasibility
of the return on investment is not the primary goal. It is however to
improve the neighborhood and improve living conditions of a certain
segment of Charleston's population, provide new housing for incoming
residents, and moreover provide an incentive for the surrounding
structures and neighborhood to take upon themselves the responsibility
of maintenance and upkeep of their own properties.
LII
\)J IU
fig. 8
Ilmalm,
a
New construction has been discussed in terms of units which could
be purchased for $40,000 $50,000. This type of housing which is
proposed would provide housing for those who would work at and want
to live near the medical college, College of Charleston, and Ashely
Hall School. In doing so a greater economic mixture would bring
money into the local stores and thusly improve the surrounding area.
Oro,.................
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Design Parameters
As has been stated previously, any new construction which borders
on structures which are architecturally and historically significant
should work within the established frameworkof the neighborhood.
In Charleston, and particularly in the Radcliffeborough area the Charles-
ton plan house is predominant. The galleried porches found on the
south and west sides of the houses, its long, narrow, one room deep
plan the gabled ended roofs and its two story height all character-
ized the residences of the area.
Several significantly different houses exist with(the block such
as the antebellum house at 86 Warren St., the Greek Revival house
at 15 Thomas St.,and the Bahama style house at 57 Radcliffe St. The
preservation of these houses are important because of thier outstand-
ing features and their relationship to various periods of development
in Chalreston. The other structures which represent the smaller,
less elaborate, but nonetheless important houses create and maintain
the cohesiveness of the street and neighborhood. In the event of any
new construction, it is important to blend into existant environment.
To this purpose a listing of criteria has been outlined to be used
as tools in the development of the area. The adherance to this set of
design parameters should be controlled by a board of review. Be it
either city-wide or local, a committee should be empowered to accept
or deny proposals for new construction. This body should also work
with the local planning agencies and zoning board to concurr of
various aspects of the projects.
Parameters for Consideration
1. Height: In Charleston there now exists height limitations within
specifically designated areas. The restriction of 50' 0" maximum
or three stories in height which ever is less should be strictly
adhered to and enforced. However, within the Radcliffeborough Block
a further limitation of two stories and a gabled attic should be
initiated.
2. Proportion of Buildings' Front Facade: This clearly is displayed
in the'Charleston' house. The house plan and its front facade have
a repetitive rhythm with gable end and its pleasing width to height
ratio. This can be seen in varying sizes throughout but the proportions
remain the same.
3. Proportion of Openings: The placement of window openings within the
street facade is predominantly two windows in the first and two
windows in the second floor with an occasionalwindow or attic ventilator
in the gable end. The formal entry is always a facade element that
is at the side on the galleried porch.
4. Relationship to Solids and Voids: Each house has a rhythm established
by the alternating window openings and walls. This rhythm is continued
with the solid facade and the opening of the side yard or garden. This
rhythm is continued over again as similar houses stand side by side.
5. Spacing of Buildings: The collection of similar houses or structures
should have a similar pattern of spacing. This is derived from the
height and scale of the structures.
6. Porches and Entrances: The false formal door of the Charleston House
establishes yet another rhythmic relationship. The door stoop offers
an invitation to enter and at the least further defines the access
point for each structure. The south or west porches are indicative,
usually two stories within the Radcliffeborough Block.
7. Materials: Within the area, clapboards, standing seam metal or
asphalt, composition shingles, two over two windows, and brick
foundation walls either exposed with tooled joints or stuccoed
are apparent and continue the fabric of the area.
8. Textures: Along with the use of the materials outline above, the
inherent textures of the materials are important to the cohesiveness
of the building group. Tooled masonry joints of chimney stacks
and foundation walls are examples.
9. Relationship of color: In the Radcliffeborough Block, the over-
riding or predominant color is white. However, there can be no
objection to the use of color so long as it does not dominate
the entire street scene. Advise should be sought by the owners
as to the appropriateness of intesnity of color and the relationship
it has with its surroundings.
10. Architectural Details: Elements such as cornice lines, window jambs,
lintels and jambs for doors, and railings and balastraids subtly give
each building its individuality which is so important in street scene:
all within the same framework but singular in detail.
11. Roof Shapes: The dominant shape of the roofs is the gable end facing
the street. The side porches have flat roofs which connect to the
gable.
12. Walls: Few walls exist as boundary elements but wrought or cast
iron is apparent. This type of fence can add another dimension to
the sought after continuity of new construction with the existing.
13. Landscaping: The side yard provides a personal scale and individuality
to each structure. Relating directly to each house this space also
offers a glimpse of the spaces behind and the continuing interelationship
of the structures. Street foliage including trees and shrubbry
many times softens the rigidity of the buildings. They also offer
shade to the passerby and keepAtemperatures down.
14. Ground cover: Ther is no existing Face of cobblestones or other
paving elements. Asphalt and concrete are existant and do not
provide the scale that pavers would.
15. Scale: Each building and adjacent open spaces, the units of construction
materials and the landscaping all relate to the human scale. These elements
along with doors, windows, fences, porches, and roof shapes determine
the scale for the Radcliffeborough Block.
To design within these parameters requires a balancing of the internal
functions of the dwelling with the external street forces. Within the
large gap in the western portion (Smith St.) and the variety of structures
on Warren St. the major emphasis will be to bring together the street
elements of Radcliffe and Thomas Streets and unify the entire block.
Certainly in the design of a prototypical house all the needs and
desires of a multitude of clients can not be filled. However, this
exercise is to show that it can be done to follow the parameters
set forth for contemporary design without creating carbon copies
of the existing.
The house presented here is designed for a young professional couple
and child who seek to live in'the peninsular city. The physical
needs and amenities provided are commeasurate with those found elsewhere
in the city.
The site development scheme will utilize this prototype form as
one which might be found in the area. It is adviseable that the
entire site be tied together with a recreational facility within the
block itself. Each unit will relate through a series of greenspaces
and recreational areas.
level 1
PR6TCTYPIC'AL
scale:
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Bibliography:
Hoffmann, Mary Wooster Square Design, H.U.D. publication,
New Haven: 1965.
Preservation and Rehabilitation of a Historic Commercial District,
New Bedfor Redevelopment Authority, H.U.D., ( ).
Southern Standard Building Code, 1971 ed.
Stoney, Samuel G. This Is Charleston, Carolina Art Association,
Charleston, 1970.
Whitaker, Charles Harris Ed. The Octagon Library of Early American
Architecture, Vol. I Charleston, American Institute of Architects
Press, New York: 1927.
Zoning Ordinaces of the City of Chalreston, April 1973 amended ed.,
Charleston, 1973.
Appendices
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Public Law 91-646
i 91st Congress, S. 1
January 2, 1971
Sn t12 / 84 STAT. 1894
To provide for uniform and equitable treatment of persons displaced from their
homes, businesses, or farms by Federal and federally assisted programs and
to establish uniform and equitable land acquisition policies for Federal and
federally assisted programs.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may Unionom Rano-
be cited as the "Uniform Relocation Assistance and Real Property nation Assist-
Acquisition Policies Act of 1970". anoe and Land
SAquisition
Pslloles Ant
TITLE I-GENERAL PROVISIONS or 1970.
SEc. 101. As used in this Act- Definitions.
(1) The term "Federal agency" means any department, agency,
or instrumentality in the executive branch of the Government (except
the National Capital Housing Authority), any wholly owned Govern-
ment corporation (except the District of Columbia Redevelopment
Land Agency), and the Architect of the Capitol, the Federal Reserve
banks and branches thereof.
(2) The term "State" means any of the several States of the United
States, the District of Columbia, the Commonwealth of Puerto Rico,
any territory or possession of the United States, the Trust Territory
of the Pacific Islands, and any political subdivision thereof.
(3) The term "State agency" means the National Capital Housing
Authority the District of Columbia Redevelopment Land Agency,
and any department, agency, or instrumentality of a State or of a
political subdivision of a State, or any department, agency, or instru-
mentality of two or more States or of two or more political subdivi-
sions of a State or States.
(4) The term "Federal financial assistance" means a grant, loan,
or contribution provided by the United States, except any Federal
guarantee or insurance and any annual paymentaor capital loan to
the District of Columbia.
(5) The term "person" means any individual, partnership, cor-
poratibn, or association.
(6) The term "displaced person" means any person who, on or
after the effective date of this Act, moves from real property, or
moves his personal property from real property, as a result of the
acquisition of such real property, in whole or in part, or as the result
of the written order of the acquiring agency to vacate real property,
for a program or project undertaken by a Federal agency, or with
Federal financial assistance; and solely for the purposes of sections
.02(a) and (b) and 205 of this title, as a result of the acquisition of
or as the result of the written order of the acquiring agency to vacate
other real property, on which such person conducts a business or farm
operation, for such program or project.
(7) The term "business" means any lawful activity, excepting a
farm operation, conducted primarily-
(A) -for the purchase, sale, lease and rental of personal and
real property, and for the manufacture, processing, or marketing
of products, commodities, or any other personal property;
(B) forthesaleofservicesto thepublic;
(C) by a nonprofit organization; or
(D) solely for the purposes of section 202(a) of this title, for
assistig in the purchase, sale, resale, manufacture, processing, or
marketing of products, commodities, personal property, or services
by the erection and maintenance of an outdoor advertising display
Pub. Law 91-646 2 January 2, 1971
84 STAT. 1895
or displays, whether or not such display or displays are located on
the premises on which any of the above activities are conducted.
(8) The term "farm operation" means any activity conducted solely
or primarily for the production of one or more agricultural prAducts or
commodities, including timber, for sale or home use, and customarily
-producing such products or commodities in sufficient quantity to be
capable of contributing materially to the operator's support.
(9) The term "mortgage" means such classes of liens as are com-
monly given to secure advances on, or the unpaid purchase price of,
real property, under the laws of the State in which the real property
is located, together with the credit instruments, if any, secured thereby.
EFFECT UPON PROPERTY ACQUISITION
SEC. 102. (a) The provisions of section 301 of title III of this Act
create no rights or liabilities and shall not affect the validity of any
property acquisitions by purchase or condemnation.
(b) Nothing in this Act shall be construed as creating in any con-
demnation proceedings brought under the power of emient domain,
any element of value or of damage not in existence immediately prior
to the date of enactment of this Act.
TITLE II-ITNIFORM RELOCATION ASSISTANCE
DECLARATION OF POLICY
SEC. 201. The purpose of this title is to establish.a uniform policy
for the fair and equitable treatment of persons displaced as a result
of Federal and federally assisted programs in order that such persons
shall not suffer disproportionate injuries as a result of programs
designed for the benefit of the public as a whole.
MOVING AND RELATED EXPENSES
SEc. 202. (a) Whenever the acquisition of real property for a pro-
gram or project undertaken by a Federal agency in any State will
result in the displacement of any person on or after the effective date
of this Act, the head of such agency shall make a payment to any dis-
placed person, upon proper application as approved by such agency
head, for-
(1) actual reasonable expenses in moving himself, his family,
business, farm operation, or other personal property;
(2) actual direct losses of tangible personal property as a result
of moving or discontinuing a business or farm operation, but not
to exceed an amount equal to the reasonable expenses that would
have been required to relocate such property, as determined by
the head of the agency; and
(3) actual reasonable expenses in searching for a replacement
business or farm.
(b) Any displaced person eligible for payments under subsection
(a) of this section who is displaced frbm a dwelling and who elects
to accept the payments authorized by this subsection in lieu of the pay-
ments authorized by subsection (a) of this section may receive a mov-
ing expense allowance, determined according to a schedule established
bthe head of the Federal agency, not to exceed $300; and a dislocation
allowance of $200.
B4 STAT. 1896
(c) Aly displaced person eligible for payments under subsection
(a) of this section who is displaced from his place of business or from
his farm operation and who elects to accept the payment authorized
by this subsection in lieu of the payment authorized by subsection (a)
of this section, may receive a fixed payment in an amount equal to
the average annual net earnings of the business or farm operation.
except that such payment shall be not less than $2,500 nor more than
$10,000. In the case of a business no payment shall be made under this
subsection unless the head of the Federal agency is satisfied that the
business (1) cannot be relocated without a substantial loss of its exist-
ing patronage, and (2) is not a part of a commercial enterprise having
at least one other establishment not being acquired by the United
States, which is engaged in the same or similar business. For purposes
of this subsection, the term "average annual net earnings" means one-
half of any net earnings of the business or farm operation, before
Federal, State, and local income taxes, during the two taxable years
immediately preceding the taxable year in which such business or
farm operation moves from the real property acquired for such project,
or during such other period as the head of.fch agency determines to
be more equitable for establishing such eah,f and includes any
compensation paid by the business or farm operation to the owner, his
spouse, or his dependents during such period
REPLACEMENT HOUSING FOR HOMEOWNER
SEC. 203. (a) (1) In addition to payments otherwise authorized
by this title, the head of the Federal agency shall make an additional
payment not in excess of $15,000 to any displaced person who is dis-
placed from a dwelling actually owned and occupied by such displaced
person for not less than one hundred and eighty days prior to the
initiation of negotiations for the acquisition of the property. Such
additional payment shall include the following elements:
(A) The amount, if any, which when added to the acquisition cost
of the dwelling acquired by the Federal agency, equals the reasonable
cost of a comparable replacement dwelling which is a decent, safe,
and sanitary dwelling adequate to accommodate such displaced person,
reasonably accessible to public services and places of employment and
available on the private market. All determinations required to carry
out this subparagraph shall be made in accordance with standards
established by the head of the Federal agency making the additional
payment.
(B) The amount, if any, which will compensate such displaced
person for any increased interest costs which such person is required
to pay for financing the acquisition of any such comparable replace-
ment dwelling. Such amount shall be paid only if the dwelling
acquired by the Federal agency was encumbered by a bona fide
mortgage which was a valid lien on such dwelling for not less than
one hundred and eighty days prior to the initiation of negotiations
for the acquisition of such dwelling. Such amount shall be equal to
the excess in the aggregate interest and other debt service costs of
that amount of the principal of the mortgage on the replacement
dwelling which is equal to the unpaid balance of the mortgage on the
acquired dwelling, over the remainder term of the mortgage on the
acquired dwelling, reduced to discounted present value. The discount
rate shall be the prevailing interest rate paid on savings deposits by
commercial banks in the general area in which the replacement
dwelling is located.
January 2, 1971
- 3 Pub. Law 91-646
Pub. Law 91-646 4 January 2, 1971
84 STAT. 1897
(C) Reasonable expenses incurred by such displaced person for
evidence of title, recording fees, and other closing costs incident to
the purchase of the replacement dwelling, but not including prepaid
expenses.
(2) The additional payment authorized by this subsection shall be
made only to such a displaced person who purchases and occupies a
replacement dwelling which is decent, safe, and sanitary not later
than the end of the one year period beginning on the date on which
he receives from the Federal agency final payment of all costs of the
acquired dwelling, or on the date on which he moves from the acquired
dwelling, whichever is the later date.
(b) The head of any Federal agency may, upon application by a
mortgagee, insure any mortgage (including advances during con-
struction) on a comparable replacement dwelling executed by a
displaced person assisted under this section, which mortgage is eligible
for insurance under any Federal law administered by such agency
notwithstanding any requirements under such law relating to age,
physical condition, or other personal characteristics of eligible
mortgagors, and may make commitments for the insurance of such
mortgage prior to the date of execution of the mortgage.
REPLACEMENT HOUSING FOR TENANTS AND CERTAIN OTHERS
SEc. 204. In addition to amounts otherwise authorized by this title,
the head of the Federal agency shall make a payment to or for any
displaced person displaced from any dwelling not eligible to receive
a payment under section 203 which dwelling was actually and lawfully
occupied by such displaced person for not less than ninety days prior
to the initiation of negotiations for acquisition of such dwelling. Such
payment shall be either-
(1) the amount necessary to enable such displaced person to
lease or rent for a period not to exceed four years, a decent, safe,
and sanitary dwelling of standards adequate to accommodate such
person in areas not generally less desirable in regard to public
utilities and public and commercial facilities, and reasonably
accessible to his place of employment, but not to exceed $4,000, or
(2) the amount necessary to enable such person to make a down-
payment (including incidental expenses described in section
203(a) (1) (C)) on the purchase of a decent, safe, and sanitary
dwelling of standards adequate to accommodate such person in
areas not generally less desirable in regard to public utilities and
public and commercial facilities, but not to exceed $4,000, except
that if such amount exceeds $2,000, such person must equally match
any such amount in excess of $2,000, in making the downpayment.
RELOCATION ASSISTANCE ADVISORY SERVICES
SEC. 205. (a) Whenever the acquisition of real'property for a pro-
gram or project undertaken by a Federal agency in any State will
result in the displacement of any person on or afterthe effective date of
this section, the head of such agency shall provide a relocation assist-
ance advisory program for displaced persons which shall offer the serv-
ices described in subsection (c) of this section. If such agency head
determines that any person occupying property immediately adjacent
to the real property acquired is caused substantial economic injury
because of the acquisition, he may offer such person relocation advisory
services under such program.
January 2, 1971 5 Pub. Law 91-646
84 STAT. 1898
(b) Federal agencies administering programs which may be of
assistance to displaced persons covered by this Act shall cooperate to
the maximum extent feasible with the Federal or State agency causing
the displacement to assure that such displaced persons receive the
maximum assistance available to them.
(c) Each relocation assistance advisory program required by sub-
section (a) of this section shall include such measures, facilities, or
services as may be necessary or appropriate in order to-
(1) determine the need, if any, of displaced persons, for reloca-
tion assistance;
(2) provide current and continuing information on the avail-
ability, prices, and rentals, of comparable decent, safe, and sani-
tary sales and rental housing, and of comparable commercial
properties and locations for displaced businesses;
(3) assure that, within a reasonable period of time, prior to
displacement there will be available in areas not generally less
desirable in regard to public utilities and public and commercial
facilities and at rents or prices within the financial means of the
families and individuals displaced, decent, safe, and sanitary
dwellings, as defined by such Federal agency head, equal in num-
ber to the number of and available to such displaced persons who
require such dwellings and reasonably accessible to their places of
employment, except that the head of that Federal agency may pre-
scribe by regulation situations when such assurances may-be
waived;
(4) assist a displaced person displaced from his business or far .
operation in obtaining and becoming established in a suitable
replacement location;
(5) supply information concerning Federal and State housing
programs, disaster loan programs, and other Federal or State
programs offering assistance to displaced persons; and
(6) provide other advisory services to displaced persons in order
to minimize hardships to such persons in adjusting to relocation.
(d) The heads of Federal agencies shall coordinate relocation activi-
ties with project work, and other planned or proposed governmental
actions in the community or nearby areas which may afect the carry-
ing out of relocation assistance programs.
HOUSING REPLACEMENT BY FEDERAL AGENCY AS LAST RESaRT
SEC. 206. (a) If a Federal project cannot proceed to actual construc-
tion because comparable replacement sale or rental housing is not
available, and the head of the Federal agency determines that such
housing cannot otherwise be made available he may take such action as
is necessary or appropriate to provide such housing by use of funds
authorized for such project.
(b) No person shall be required to move from his dwelling on or
after the effective date of this title, on account of any Federal project,
unless the Federal agency head is satisfied that replacement housing,
in accordance with section 205(c) (3), is available to such person.
STATE REQUIRED TO FURNISH REAL PROPERTY INCIDENT TO FEDERAL
ASsISTANCE (LOCAL COOPERATION)
SEC. 207. Whenever real property is acquired by a State agency
and furnished as a required contribution incident to a Federal pro-
gram or project, the Federal agency having authority over the pro-
Pub. Law 91-646 6 January 2, 1971
84 STAT. 1899
gram or project may not accept such property unless such State agency
has made all payments and provided all assistance and assurances, as
are required of a State agency by sections 210 and 305 of this Act. Such
State agency shall pay the cost of such requirements in the same*
manner and to the same extent as the real property acquired for such
project, except that in the case of any real property acquisition or
displacement occurring prior to July 1, 1972, such Federal agency
shall pay 100 per centum of the first $25,000 of the cost of providing
such payments and assistance.
STATE ACTING AS AGENT FOR FEDERAL PROGRAM
SEc. 208. Whenever real property is acquired by a State agency at
the request of a Federal agency for a Federal program or project, such
acquisition shall, for the purposes of this Act, be deemed an acquisition
by the Federal agency having authority over such program or project.
PUBLIC WORKS PROGRAMS AND PROJECTS OP THE GOVERNMENT OF THE
DISTRICT OF COLUMBIA AND OF THE WASHINGTON METROPOLITAN AREA
TRANSIT AUTHORITY
SEc. 209. Whenever real property is acquired by the government of
the District of Columbia or the Washington Metropolitan Area Tran-
sit Authority for a program or project which is not subject to sections
210 and 211 of this title, and such acquisition will result in the displace-
ment of any person on or after the effective date of this Act, the Com-
missioner of the District of Columbia or the Washington Metropolitan
Area Transit Authority, as the case may be, shall make all relocation
payments and provide all assistance required of a Federal agency
by this Act. Whenever real property is acquired for such a program
or project on or after such effective date, such Commissioner or
Authority, as the case may be, shall make all payments and meet all
requirements prescribed for a Federal agency by title II of this Act.
REQUIREMENTS FOR RELOCATION PAT3MENTS AND ASSISTANCE OF FEDER-
ALLY ASSISTED PROGRAM; ASSURANCES OF AVAILABILJTY OF HOUSING
SEc. 210. Notwithstanding any other law, the head of a Federal
agency shall not approve any grant to, or contract or agreement with,
a State agency, under which Federal financial assistance will be avail-
able to pay all or part of the cost of any program of project which
will result in the displacement of any person on or after the effective
date of this title, unless he receives satisfactory assurances from
such State agency that-
(1) fair and reasonable relocation payments and assistance
shall be provided to or for displaced persons, as are required to be
provided by a Federal agency under sections 202, 203, and 204 of
this title;
(2) relocation assistance programs offering the services
described in section 205 shall be. provided to such displaced
persons;
(3) within a reasonable period of time prior to displacement,
decent, safe, and sanitary replacement dwellings will be available
to displaced persons in accordance with section 205(c) (3).
84 STAT. 1900
FEDERAL SHARE OF COSTS
SEc. 211. (a) The cost to a State agency of providing payments
and assistance pursuant to sections 206, 210, 215, and 305, shall he
included as part of the cost of a program or project for which Federal
financial assistance is available to such State agency, and such State
agency shall be eligible for Federal financial assistance with respect
to such payments and assistance in the same manner and to the same
extent as other program or project costs, except that, notwithstand-
ng any other law m the case where the Federal financial assistance
is by grant or contribution the Federal agency shall pay the full
amount of the first $25,000 of the cost to a State agency of providing
payments and assistance for a displaced person under sections 206,
210, 215, and 305, on account of any acquisition or displacement
occurring prior to July 1, 1972, and in any case where such Federal
financial assistance is by loan, the Federal agency shall loan such
State agency the full amount of the first $25,000 of such cost.
(b) No payment or assistance under section 210 or 305 shall be
required or included as a program or project cost under this section,
if the displaced person receives a payment required by the State law of
eminent domain which is determined by such Federal agency head to
have substantially the same purpose and effect as such payment under
this section, and to be part of the cost of the program or project for
which Federal financial assistance is available.
(c) Any grant to, or contract or agreement with, a State agency
executed before the effective date of this title, under which Federal
financial assistance is available to pay all or part of the cost of any
program or project which will result in the displacement of any person
on or after the effective date of this Act, shal be amended to include
the cost of providing payments and services under sections 210 and
305. If the head of a Federal agency determines that it is necessary
for the expeditious completion of a program or project he may advance
to the State agency the Federal share of the cost of any payments
or assistance by such State agency pursuant to sections 206, 210, 215,
and 305.
ADMINISTRATION-REILOCATION ASSISTANCE IN PROGRAMS RECEIVING
FEDERAL FINANCIAL ASSISTANCE
SEC. 212. In order to prevent unnecessary expenses and duplica-
tions of functions, and to promote uniform and effective administra-
tion of relocation assistance programs for displaced persons under
sections 206, 210, and 215 of this title, a State agency may enter into
contracts with any individual, firm, association, or corporation for
services in connection with such programs, or may carry out its func-
tions under this title through any Federal or State governmental
agency or instrumentality having an established organization for con-
ducting relocation assistance program Such State agency shall, in
carrying out the relocation assistance activities described in section
206, whenever practicable, utilize the services of State or local hous-
ing agencies, or other agencies having experience in the administra-
tion or conduct of similar housing assistance activities.
REGULATIONS AND PROCEDURES
SEC. 213. (a) In order to promote uniform and effective adminis-
tration of relocation assistance and land acquisition of State or local
housing agencies, or other agencies having programs or projects by
January 2, 1971
- 7 Pub. Law 91-646
Pub. Law 91-646 8 January 2, 1971
84 STAT. 1901
Federal agencies or programs or projects by State agencies receiving
Federal financial assistance, the heads of Federal agencies shall con-
sult together on the establishment of regulations and procedures for
the implementation of such programs.
(b) The head of each Federal agency is authorized to establish
such regulations and procedures as he may determine to be necessary
to assure-
(1) that the payments and assistance authorized by this Act
shall be administered in a manner which is fair and reasonable,
and as uniform as practicable;
(2) that a displaced person who makes proper application
for a payment authorized for such person by this title shall be
paid promptly after a move or, in hardship cases, be paid in
advance; and
(3) that any person aggrieved by a determination as to eligibil-
ity for a payment authorized by this Act, or the amount of a
payment, may have his application reviewed by the head of the
Federal agency having authority over the applicable program
or project, or in the case of a program or project receiving Federal
financial assistance, by the head of the State agency.
(c) The head of each Federal agency may prescribe such other
regulations and procedures, consistent with the provisions of this
Act, as he deems necessary or appropriate to carry out this Act.
ANNUrAL REPORT
Presidential SE 214. The head of each Federal agency shall prepare and submit
report to an annual report to the President on the activities of such agency
Congress. with respect to the programs and policies established or authorized
by this Act, and the President shall submit such reports to the Con-
gress not later than January 15 of each year, beginning January 15,
1972, and ending January 15, 1975, together with his comments or
recommendations. Such reports shall give special attention to:
(1) the effectiveness of the provisions of this Act assuring the avail-
ability of comparable replacement housing, which is decent, safe,
and sanitary, for displaced homeowners and tenants; (2) actions
taken by the agency to achieve the objectives of the policies of Con-
gress, declared in this Act, to provide uniform and equal treatment,
to the greatest extent practicable, for all persons displaced by, or
having real property taken for, Federal or federally assisted pro-
grams; (3) the views of the Federal agency head on the progress
made to achieve such objectives in the various programs conducted
or administered by such agency, and among the Federal agencies;
(4) any indicated effects of such programs and policies on the pub-
lic; and (5) any recommendations he may have for further improve-
ments in relocation assistance and land acquisition programs, poli-
cies, and implementing laws and regulations.
PLANNING AN D OTHER PRELIMINARY EXPENSES FOR ADDITIONAL HOrSING
SEc. 215. In order to encourage and~ facilitate the construction or
rehabilitation of housing to meet the needs of displaced persons who
are displaced from dwellings because of any Federal or Federal finan-
cially assisted project, the head of the Federal agency adminis-
tering such project is authorized'to make loans as a part of the cost
of any such project. or to approve loans as a part of the cost of any
such project receiving Federal financial assistance, to nonprofit, limited
January 2, 1971 9 Pub. Law 91-646
84 STAT. 1902
dividend, or cooperative organizations or to public bodies, for neces-
sary and reasonable expenses, prior to construction, for planning and
obtaining federally insured mortgage financing for the rehabilitation
or construction of housing for such displaced persons. Notwithstald-
ing the preceding sentence, or any other law, such loans shall be aiail-
able for not to exceed 80 per centum of the reasonable costs expected
to be incurred in planning, and in obtaining financing for, such hous-
ing, prior to the availability of such financing, including, but not
limited to, preliminary surveys and analyses of market needs, pre-
liminary site engineering, preliminary architectural fees, site acquisi-
tion, application and mortgage commitment fees, and construction loan
fees and discounts. Loans to an organization established for profit
shall bear interest at a market rate established by the head of such
Federal agency. All other loans shall be without interest. Such Federal
agency head shall require repayment of loans made under this section,
under such terms and conditions as he may require, upon completion
of the project or sooner, and except in the case of a loan to an organiza-
tion established for profit, may cancel any part or all of a loan if he
determines that a permanent loan to finance the rehabilitation or the
construction of such housing cannot be obtained in an amount adequate
for repayment of such loan. Upon repayment of any such loan, the
Federal share of the sum repaid shall be credited to the account from
which such loan was made, unless the Secretary of the Treasury deter-
mines that such account is no longer in existence, in which case such
sum shall be returned to the Treasury and credited to miscellaneous
receipts.
PAYMENTS NOT TO BE CONSIDERED AS INCOME
SEc. 216. No payment received under this title shall be considered as
income for the purposes of the Internal Revenue Code of 1954; or for 68A Stat. 3.
the purposes of determining the eligibility or the extent of eligibility 26 usc 1
of any person for assistance under the Social Security Act or any other ie seq.
Federal law. 49 Stat. 620.
42 USC 1305.
DISPLACEMENT BY CODE ENFORCEMENT, REHABILITATION, AND DEMOLITION
PROGRAMS RECEIVING FEDERAL ASSISTANCE
SEC. 217. A person who moves or discontinues his business, or moves
other personal property, or moves from his dwelling on or after the
effective date of this Act, as a direct result of any proje or program
which receives Federal financial assistance under title Iof the Housing
Act of 1949, as amended, or as a result of carrying out a comprehensive 63 Stat. 414i
city demonstration program under title I of the Demonstration Cities 68 stat. 622.
and Metropolitan Development Act of 1966 shall, for the purposes of 42 usc 1450
this title, be deemed to have been displaced as the result of the acquisi- et S e
tion of real property. 2 usc 33015
note.
TRANSFERS OF SURPLUS PROPERTY
Sac. 218. The Administrator of General Services is authorized to
transfer to a State agency for the purpose of providing replacement
housing required by this title, any real property surplus to the needs of
the United States within the meaning of the Federal Property and
Administrative Services Act of 19491 as amended. Such transfer shall 63 Stat. 377.
be subject to such terms and conditions as the Administrator deter- 40 use 471
mines necessary to protect the interests of the United States and may note.
be made without monetary consideration, except that such State agency
shall pay to the United States all amounts received by such agency
from any sale, lease, or other disposition of such property for such
housing.
Pub. Law 91-646 10 January 2, 1971
84 STAT. 1903
DISPLACEMENT BY A SPECIFIC PrOGRAM
SEC. 219. Notwithstanding any other provision of this title, a
person-
(1) who moves or discontinues his business, moves other phr-
sonal property, or moves from his dwelling on or after Januaiy 1,
1969, and before the 90th day after the date of enactment of
this Act as the result of the contemplated demolition of struc-
tures or the construction of improvements on real property
acquired, in whole or in part, by a Federal agency within the
area in New York, New York, bounded by Lexington and Third
Avenues and 31st and 32d Streets; and
(2) who has lived on, or conducted a business on, such real
property for at least one year prior to the date of enactment of
this Act;
may be considered a displaced person for purposes of sections 202 (a)
an (b), 204, and 205 of this title, by the head of the agency acquiring
the real property if-
(A) the head of the agency determines that such person has
suffered undue hardship as the result of displacement from the
real property; and
(B) the Federal Government acquired and held such property
for at least five years prior to the date of enactment of this Act.
REPEAL
SEC. 220. (a) The following laws and parts of laws are hereby
repealed:
(1) The Act entitled "An Act to authorize the Secretary of the
Interior to reimburse owners of lands required for development under
his jurisdiction for their moving expenses, and for other purposes,"
72 Stat. 152. approved May 29, 1958 (43 U.S.C. 1231-1234).
(2) Paragraph 14 of section 203(b) of the National Aeronautics
76 Stat. 384. and Space Act of 1958 (42 U.S.C. 2473).
76 Stat. 511. (3) Section 2680 of title 10, United States Code.
(4) Section 7(b) of the Urban Mass Transportation Act of 1965
78 Stat. 305. (49 U.S.C. 1606(b)).
78 Stat. 788. (5) Section 114 of the Housing Act of 1949 (42 U.S.C. 1465).
(6) Paragraphs (7) (b) (iii) and (8) of section 15 of the United
78 Stat. 795. States Housing Act of 1937 (42 U.S.C. 1415, 1415(8)), except the
first sentence of paragraph (8).
(7) Section 2 of the Act entitled "An Act to authorize the Commis-
sioners of the District of Columbia to pay relocation costs made nec-
essary by actions of the District of Columbia government, and for
other purposes", approved October 6,1964 (78 Stat. 1004; Public Law
88-629; D.C. Code 5-729).
(8) Section 404 of the Housing and Urban Development Act of
79 Stat. 486. 1965 (42 U.S.C. 3074).
(9) Sections 107 (b) and (c) of the Demonstration Cities and
80 stat. 1259. Metropolitan Development Act of 1966 (42 U.S.C. 3307).
82 Stat. 830. (10) Chapter 5 of title 23, United States Cde.
23 ue 501. (11) Sections 32 and 33 of the Federal-Aid Highway Act of 1968
82 Stat. 835. (Public Law 90-495).
23 USC 501 (b) Any rights or liabilities now existing under prior Acts or por-
note, 510 tions thereof shall not be affected by the repeal of such prior Acts or
note. portions thereof under subsection (a) of this section.
84 STAT. 1904
EFFECTIVE DATE
SEC. 221. (a) Except as provided in subsections (b) and (c) of this
section,.this Act and the amendments made by this Act shall take
effect on the date of its enactment.
(b) Until July 1,1972, sections 210 and 305 shall be applicable to a
State only to the extent that such State is able under its laws to comply
with such sections. After July 1,1972, such sections shall be completely
applicable to all States.
(c) The repeals made by paragraphs (4), (5), (6), (8), (9), (10),
(11),and (12) of section 220(a) of this title and section 306 of title In
shall not apply to any State so long as sections 210 and 305 are not
applicable m such State.
TITLE III-UNIFORM REAL PROPERTY ACQUISITION
POLICY
UNIFORM POLICY ON REAL PROPErT ACQUISITION PRACTICE
SEc. 301. In order to encourage and expedite the acquisition of real
property by agreements with owners, to avoid litigation and relieve
congestion in the courts, to assure consistent treatment for owners in
the many Federal programs, and to promote public confidence in Fed-
eral land acquisition practices, heads of Federal agencies shall, to the
greatest extent practicable, be guided by the following policies:
(1) The head of a Federal agency shall make every reasonable effort
to acquire expeditiously real property by negotiation.
(2) Real property shall be appraised before the initiation of negotia-
tions, and the owner or his designated representative shall be given an
opportunity to accompany the appraiser during his inspection of the
property.
(3) Before the initiation of negotiations for real property, the
head of the Federal agency concerned shall establish an amount which
he believes to be just compensation therefore and shall make a prompt
offer to acquire the property for the full amount so established. In no
Seventh shall such amount be less than the agency's approved appraisal
of the fair market value of such property. Any decrease or increase
in the fair market value of real property prior to the date of valuation
caused by the public improvement for which such property is acquired,
or by the likelihood that the property would be acquired for such
improvement, other than that due to physical deterioration within the
reasonable control of the owner, will be disregarded in determining
the compensation for the property. The head of the Federal agency
concerned shall provide the owner of real property to be acquired
with a written statement of, and summary of the basis for the amount
he established as just compensation. Where appropriate the just com-
pensation for the real property acquired and for damages to remain-
ing real property shall be separately stated.
(4) No owner shall be required to surrender possession of real
property before the head of the Federal agency concerned pays the
agreed purchase price, or deposits with the courting accordance with
section 1 of the Act of February 26, 1931 (46 Stat. 1421; 40 U.S.C.
258a), for the benefit of the owner, an amount not less than the agency's
approved appraisal of the fair market value of such property, or the
amount of the award of compensation in the condemnation proceeding
for such property.
January 2, 1971
- 11 -
Pub. Law 91-646
84 STAT. 1905
(5) The construction or development of a public improvement
shall be so scheduled that, to the greatest extent practicable,-no person
lawfully occupying real property shall be required'to move from a
dwelling (assuming a replacement dwelling as required by title II will
be available), or to move his business or farm operation, without
at least ninety days' written notice from the head of the Federal
agency concerned, of the date by which such move is required.
(6) If the head of a Federal agency permits an owner or tenant
to occupy the real property acquired on a rental basis for a short term
or for a period subject to termination by the Government on short
notice, the amount of rent required shall not exceed the fair rental
value of the property to a short-term occupier.
(7) In no event shall the head of a Federal agency either advance
the time of condemnation, or defer negotiations or condemnation
and the deposit of funds in court for the use of the owner, or take
any other action coercive in nature, in order to compel an agreement
on the price to be paid for the property.
(8) If any interest in real property is to be acquired by exercise
of the power of eminent domain, the head of the Federal agency con-
cerned shall institute formal condemnation proceedings. No Federal
agency head shall intentionally make it necessary for an owner to
institute legal proceedings to prove the fact of the taking of his real
property.
(9) If the acquisition of only part of a property would leave its
owner with an uneconomic remnant, the head of the Federal agency
concerned shall offer to acquire the entire property.
BUILDINGS, STRURCTIRES, AND IMPROVEMENTS
SEC. 302. (a) Notwithstanding any other provision of law, if the
head of a Federal agency acquires any interest in real property in any
State, he shall acquire at least an equal interest in all buildings, struc-
tures, or other improvements located upon the real property so
acquired and which he requires to be removed from such real property
or which he determines will be adversely affected by the use to which
such real property will be put.
(b) (1) For the purpose of determining the just compensation to be
paid for any building, structure, or other improvement required to be
acquired by subsection (a) of this section, such building, structure, or
other improvement shall be deemed to be a part of the real property to
be acquired notwithstanding the right or obligation of a tenant, as
against the owner of any other interest in the real property, to remove
such building, structure, or improvement at the expiration of his term,
and the fair market value which such building, structure, or improve-
ment contributes to the fair market value of the real property to be
acquired, or the fair market value of such building, structure, or
improvement for removal from the real property, whichever is the
greater, shall be paid to the tenant therefore.
(2) Payment under this subsection shall not result in duplication of
any payments otherwise authorized by law. No such payment shall be
made unless the owner of the land involved disclaims all interest
in the improvements of the tenant. In consideration for any such
payment, the tenant shall assign, transfer, and release to the United
States all his right, title, and interest in and to such improvements.
Nothing in this subsection shall be construed to deprive the tenant
of any rights to reject payment under this subsection and to obtain
payment for such property interests in accordance with applicable
law, other than this subsection.
Pub. Law 91-646 12 -
January 2. 1971
January 2, 1971 13 Pub. Law 91-646
84 STAT. 1906
EXPENSES INCIDENTAL TO TRANSFER OF TITLE TO UNITED STATES
SEc. 303. The head of a Federal agency, as soon as practicable
after the date of payment of the purchase price or the date of deposit '
in court of funds to satisfy the award of compensation in a condem-'
nation proceeding to acquire real property, whichever is the earlier,
shall reimburse the owner, to the extent the head of such agency
deems fair and reasonable, for expenses he necessarily incurred for-
(1) recording fees, transfer taxes, and similar expenses inci-
dental to conveying such real property to the United States;
(2) penalty costs for prepayment of any preexisting recorded
S mortgage entered into in good faith encumbering such real prop-
+ erty; and
(3) the pro rata portion of real property taxes paid which are
allocable to a period subsequent to the date of vestmg title in the
United States, or the effective date of possession of such real
property by the United States, whichever is the earlier.
LITIGATION EXPENSES
SEC. 304. (a) The Federal court having jurisdiction of a proceeding
instituted ,y a Federal agency to acquire realproperty by condemna-
tion shall award the owner of any right, or title to, or interest in, such
real property such sum as will in the opinion of the court reimburse
such owner for his reasonable costs, disbursements, and expenses,
including reasonable attorney, appraisal, and engineering feeactually
incurredbecause of the condemnation proceedings, if-
(1) the final judgment is that the Federa agency cannot acquire
the real property by condemnation; or
(2) the proceeding is abandoned by the United States.
(b) Any award made pursuant to subsection (a) of this section
shall be paid by the head of the Federal agency for whose benefit the
condemnation proceedings was instituted.
(c) The court rendering a judgment for the plaintiff in a proceeding
brought under section 1346(a) 2) or 1491 of title 28, United States
SCode, awarding compensation for the taking of property by a Federal 62 Stat. 9333
agency or the Attorney General effecting a settlement of any such Ante p. 449.
proceeding, shall determine and award or allow to such plaintiff, as 68 stat. 1241.
a part of such judgment or settlement, sudh stun as will in the opinion
of the court or the Attorney General reimburse such plaintiff for his
reasonable costs, disbursements, and expenses, including reasonable
attorney, appraisal, and engineering fees, actually incurred because
of such proceeding.
REQUIREMENTS FOR rNIFOEM LAND ACQUISITION POLICIES; PAYMENTS OF
EXPENSES INCIDENTAL TO TRANSFER OF REAL PROPERTY TO STATE; PAY-
MENT OF LITIGATION EXPENSES IN CERTAIN CASES
SEc. 305. Notwithstanding any other law, the head of a Federal
agency shall not approve any program or project or any grant to, or
contract or agreement with a State agency under'which Federal finan-
cial assistance will be available to pay all or part of the cost of any
program or project which will result in the acquisition of real property
on and after the effective date of this title, unless he receives satisfac-
tory assurances from such State agency that-
(1) in acquiring real property it will be guided, to the greatest
extent practicable under State law, by the land acquisition policies
in section 301 and the provisions of section 302, and
Pub. Law 91-646 14 January 2, 1971
84 STAT. 1907
(2) property owners will be paid or reimbursed for necessary
expenses as specified in sections 303 and 304.
REPEAL
SEc. 306. Sections 401,402, and 403 of the Housing and Urban Deril-
79 Stat. 485. opment Act of 1965 (42 U.S.C. 3071-3073), section 35(a) of the
82 Stat. 836. Federal-Aid Highway Act of 1968 (23 U.S.C. 141) and section 301 of
74 Stat. 502. the Land Acquisition Policy Act of 1960 (38 U.S.C. 596) are hereby
repealed. Any rights or liabilities now existing under prior Acts or
portions thereof shall not be affected by the repeal of such prior Act or
portions thereof under this section.
Approved January 2, 1971
LEGISLATIVE HISTORY:
HOUSE REPORT No. 91-1656 (Comm. on Publio Works).
SENATE REPORT No. 91-488 (Comm. on Government Operations).
CONGRESSIONAL RECORD:
Vol. 115 (1969): Oot. 23, 27 considered and passed Senate.
Vol. 116 (1970): Deo. 7, considered and passed Bouse, amended.
Deo. 17, Senate agreed to House amendments with
amendments.
Deo. 18, House oonourred in Senate amendments.
0
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