Unit 2 Land-Use Controls and Development

Question Answer
Buffer zone A buffer zone is typically a strip of land separating land dedicated to one use from land dedicated to another use. For example, landscaped parks, playgrounds, and hiking trails are used to screen residential areas from nonresidential zones.
Building codes set many requirements for such things as materials and standards of workmanship, sanitary equipment, electrical wiring, and fire prevention.
Certificate of occupancy occupancy permit
Comprehensive plan aka Master Plan Local governments establish development goals by creating a comprehensive plan also known as a master plan. The comprehensive plan is not a regulatory document but is rather a guide to planning for change rather than reacting to proposals.
Conditional-use permit AKA special use permit is usually granted to a property owner to allow for a special use of a property that is defined as an allowable conditional use within that zone. The intended use must meet certain standards set by the municipality.
Covenants, conditions, and restrictions (CC&Rs) is AKA restrictive covenant are declarations of conditions and restrictions that affect the use of all parcels of land within a specified development or subdivision plat. CC&Rs are typically found in a separate recorded instrument.
Dedication is a voluntary transfer of private property by its owner to the public for some public use, such as for streets, schools, or parks. Developing is generally a much more extensive activity than subdividing.
Deed restriction Deed restrictions are limitations to the use of the property imposed by a past owner or current owner and are binding on future grantees. Examples include a restriction specifying the kind of structure that may be erected on the land, a requirement that t
Density zoning Density zoning ordinances restrict the average maximum number of houses per acre that may be built within a particular subdivision.
Developer (who may also be a subdivider) improves the land by building streets and constructing homes or other buildings on the lots
Enabling acts No nationwide or statewide zoning ordinances exist, the state's enabling acts confer zoning powers to local municipal governments. However, state and federal governments may regulate land use through special legislation such as scenic easements, coastal m
Impact fees charges made in advance to cover anticipated expenses involving off-site capital improvements such as expanding water and sewer facilities, additional roads, and school expansions.
Interstate Land Sales Full Disclosure Act Created by congress to prevent fraudulent marketing schemes that may arise when land is sold without being seen by the purchasers. The act is regulated by the secretary of HUD through the Office of Interstate Land Sales Registration.
Inverse condemnation is an action brought by a property owner seeking just compensation for land taken for a public use where it appears that the taker of the property does not intend to bring eminent domain proceedings
Nonconforming use Frequently, a lot or an improvement does not conform to the zoning use because it existed before the enactment or amendment of a zoning ordinance. If the nonconforming use is allowed to continue, it is considered to be grandfathered into the new zoning.
Planned unit development (PUD) is a development where land is set aside for mixed-use purposes, such as residential, commercial, and public areas. Zoning regulations may be modified for PUDs.
Plat A plat is a detailed map that illustrates the geographic boundaries of individual lots. It shows the blocks, sections, streets, public easements, and monuments in the prospective subdivision
Police power The inherent authority to create regulations necessary to protect the public health, safety, and welfare.
Restrictive covenants Covenants, conditions, and restrictions (CC&Rs) declarations of conditions and restrictions that affect the use of all parcels of land within a specified development or subdivision plat. CC&Rs are typically found in a separate recorded instrument.
Variance provides relief if zoning ordinances deprive an owner reasonable use of the property.
Zoning ordinances implement the comprehensive plan and regulate and control the use of land and structures within designated land-use districts
The use of privately owned real estate is regulated through 1. Land-use planning 2. Zoning ordinances 3. Subdivision regulations 4. Building codes 5. Environmental protection legislation
Comprehensive plan usually is long term perhaps 20 years or longer, and often includes….. (a) a general plan that can be revised and updated more frequently, (b) plans for specific areas, and (c) strategic plans.
Systemic planning for orderly growth consists of the following basic elements 1. Land use 2. Housing needs 3. Movement of people and goods 4. Community facilities and utilities 5. Energy conservation
Zoning is the regulatory tool that helps communities regulate and control how land is used for the protection of public health, safety, and welfare
Zoning affects such things as 1. Permitted use of land 2. lot sizes 3.types of structures 4. building heights 5. Setbacks (Min distance structures built from streets or sidewalks) 6. density (the ratio of land area to structure area or population) 7. protection of natural resources
Zoning classifications cannot be _____ Static. They must remain flexible to meet the ever-changing needs of society
Zoning ordinances are local municipal laws that implement the comprehensive plan and regulate the use of land and structures within designated land-use districts
Land use has traditionally been divided into Residential, commercial, industrial, and agricultural classifications. These can be further divided into sub-classes
Certain types of zoning that focus on special land-use objectives are used in some areas and include 1. Bulkzoning to control density and avoid overcrowding by imposing restrictions 2. Aesthetic zoning to specify types of architecture/ buildings 3. Incentive zoning so that certain uses are incorporated into developments, like requiring the st floor of an
Constitutional issues and zoning ordinances Zoning can be a highly controversial issue and often raises questions of constitutional law.
Constitutional issues and zoning ordinances The preamble of the U.S. Constitution provides for the promotion of the general welfare. More specifically, the Fourteenth Amendment prevents the states from depriving "any person of life, liberty, or property, without due process of law."
Public hearings The government provides a forum for the citizens to discuss zoning ordinances before they are enacted;
Tests commonly applied to ordinances include 1.Power be exercised in a reasonable manner 2. provisions be clear and specific 3. be nondiscriminatory 4. promote public health, safety, and general welfare under the police power concept 5.apply to all property in a similar manner
The concept of taking is similar to eminent domain in that it comes from the takings clause of the Fifth Amendment to the U.S. Constitution The clause reads "nor shall private property be taken for public use, without just compensation."This means that when land is taken for public use through the government's power of eminent domain or condemnation, the owner must be compensated
Is any land exempt from government seizure? In general, no land is exempt from government seizure. However, the rule is that the government cannot seize land without paying for it. This payment is called just or fair compensation.
Eminent domain proceedings The power to take private property for public use by a state, municipality, or private person or corporation authorized to exercise functions of public character, following the payment of just compensation to the owner of that property
Example of inverse condemnation Property along a newly constructed highway may be inversely condemned. Its value may be significantly diminished due to the construction of the highway close to the property. The property owner may bring an inverse condemnation action to be compensated fo
Zoning permits Compliance with zoning can be monitored by requiring that property owners obtain permits before they begin any development. A permit will not be issued unless a proposed development conforms to the permitted zoning, among other land-use requirements.
Zoning permits are usually required before ______________ permits can be issued Building
Zoning hearing boards Most communities have established hearing boards to hear testimony about the effects of zoning ordinances on specific parcels of property. Petitions for variances or exceptions to the zoning law may be presented to the appeal board.
Non conforming use continued Licensees should never assume, nor allow their clients to assume, that the existing nonconforming use will be allowed to continue. Verify with the local zoning authorities the conditions under which the use is allowed to remain or whether changes are perm
Can a property owner seek a change in the zoning classification of a parcel of real estate? Yes, by obtaining an amendment to the district map or a zoning ordinance for that area; that is, the owner can attempt to have the zoning changed to accommodate an intended use of the property.
What is a subdivider? is a person who buys undeveloped acreage and divides it into smaller lots for sale to individuals or developers or for the subdivider's own use
What is a developer? (who may also be a subdivider) improves the land by building streets and constructing homes or other buildings on the lots
What is dedication? is a voluntary transfer of private property by its owner to the public for some public use, such as for streets, schools, or parks. Developing is generally a much more extensive activity than subdividing.
Can a plat be used to describe real property? Yes once it has been approved and recorded
Block of land are divide dup into ___________ lots
What is a negative aspect of subdivision development? Poss increased tax burdens toresidents inside and outside the subdivision. To protect local taxpayers against the costs of a heightened demand for public services, local govt strictly regulate nearly all aspects of subdivision development may impose impac
Zoning ordinances __________ land use Control.Such control often includes minimum lot sizes and population density requirements for subdivisions and land developments.
On site improvements In Pennsylvania Generally, the developer is responsible for installing streets within a subdivision (known as on-site improvements) and the municipality is responsible for off-site improvements.
wetlands legislation attempts to protect Wildlife
Environmental regulations govern Waste disposal and provide for the cleanup of hazardous substances
Private land-use controls fall into two general categories: Deed restrictions and restrictive convenants
CC&Rs typically govern he type, height, and size of buildings that individual owners can erect, as well as land use, architectural style, construction methods, setbacks, and square footage. CC&Rs are enforced by the homeowners' association.
Unlike deed restrictions many conditions, covenants and restrictions have _________ limits time
What is laches? The legal principle that a right may be lost through undue delay or failure to assert it.
In Pennsylvania Both the Uniform Condominium Act and the Uniform Planned Community Act require that buyers of condominium units and parcels within planned developments be given copies of pertinent documents to review.
n Practice CC&Rs in subdivisions and deed restrictions are common. Licensees should ensure that potential buyers are properly informed about any CC&Rs when considering a purchase.

Under the interstate land sales full disclosure act sellers are required to do what? File statements of record with HUD before they can offer unimproved lots in interstate commerce by telephone or through the mail. The states of record must contain numerous disclosures about the property
Under the interstate land sales full disclosure act developers are required to do what? to provide each purchaser or lessee of property with a printed report before the purchaser or lessee signs a purchase contract or lease. The report must disclose specific information about the land
Under the interstate land sales full disclosure act developers are required to disclose what specific information about the land? Type of title being transferred to the buyer, number of homes currently occupied on the site, availability of recreation facilities, distance to nearby communities, utility services and charges, and soil conditions and foundation or construction problems
If the purchaser or the lessee does not receive a copy of the report before signing the purchase contract or lease, the consumer may have grounds to _________ the contract Void
What exemptions are in the interstate land sales full disclosure act? It does not apply to subdivisions consisting of fewer than 25 lots or to those in which each lot is 20 acres or more. Lots offered for sale solely to developers are, as are lots on which buildings exist or where a seller is obligated to construct a build
Any contract to purchase a lot covered by this act may be revoked at the purchaser's option until midnight of the __________ day following the signing of the contract 7th
If a contract is signed for the purchase of a lot covered by the act and a property report is not given to the purchaser, the purchaser may bring an action to revoke the contract within __________ ______________. Two years
If the seller misrepresents the property in any sales promotion, a buyer induced by such a promotion is entitled to _________ the seller for __________ damages. Sue, civil
Failure to comply with the law may also subject a seller to ___________ penalties of fines and imprisonment. Criminal