Chapter 6 re

Cathy wants to sell her house located outside the city limits. Buyers may want to have the well tested because...?

- The EPA does not monitor private wells - Radon occurs naturally and may infiltrate ground water - Bacteria, viruses and other contaminates can pollute well water

With only a few exceptions, structures built with only wood have a maximum height of...?

2 floors

Improved lots are eligible for full exemption status, providing construction can be completed within ............ after the sales contract is executed.

24 months

According to the ADA, what is the minimum height requirement of handrails on ramps?

34 inches

John is looking for an existing multi-story building zoned for mixed-use. He wants to open a small, by-reservation-only restaurant on the lowest floor. Local code requires 15 square feet per person in a commercial setting with non-concentrated seating. What is the minimum square footage he needs to serve 50 people?

750 sq ft

What percentage of government land assets, including lakes, rivers, and streams, are set aside as public lands designated for recreational use or managed to protect natural resources?

95 percent

Certificate of Occupancy

A document issued by a local government agency after satisfactory inspection of a structure authorizing that the structure can be occupied

A developer has approvals to start construction on a subdivision with 19 lots. What type of exemption means he probably won't have to provide disclosure reports to the government or buyers?

A full statutory exemption

Master Plan

A long-term planning document. It establishes the framework and key elements of a site reflecting a clear vision created and adopted in an open process. It synthesizes civic goals and the public's aspirations for a project, gives them form and organization, and defines a realistic plan for implementation, including subsequent approvals by public agencies.

subdivision plat

A map of a subdivision indicating the location and boundaries of individual properties. (must be approved by commissioner's court, zoning office or government entity)

Zoning District

A mapped residential, commercial, or manufacturing district with similar use, bulk and density regulations.

Construction Type

A primary focus in the code of is establishing building construction rules and guidelines. The type of building materials used often determines how the building may be used, the size, the placement, and number of fire exits in a building and the type of fire exits in a building and the type of fire protection required. Most buildings are erected with wood, concrete or steel frame.

Yard Setbacks

A required open area along the property lines of a zoning lot, which must be unobstructed from the lowest level to the sky. Yard setbacks ensure light and air between buildings.

What is a comprehensive plan?

A set of regulations that dictates how development and expansion occur in a city, county or other region.

Building Code

A systematic regulation of construction of buildings within a municipality established by ordinance or law.

Three universal control metrics in building codes are...?

Construction type, occupancy type, and building supplies and materials.

Environmental Protection Agency (EPA)

Created in 1970 under Nixon administration to deal with emerging environmental concerns caused by excessive pollution from industrialization, transportation methods, and unchecked hazardous chemical applications.

How is a subdivision created?

Developer orders survey of land. Must consider streets, roadways, alleys, sidewalks, public squares, parks, nature trails, etc

Informing Potential Buyers

Developers must provide certain information to prospective buyers before signing contracts.

Developers must provide certain information to prospective buyers before they sign a contract. Which item in the list below is not a requirement?

Developers must provide certain information to prospective buyers before they sign a contract. Which item in the list below is not a requirement?

Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980

Established Superfund to clean up uncontrolled hazardous waste at sites identified by the EPA as as priorities in need of immediate action.

Federal Regulations: 3 types of exemptions

Fewer than twenty-five lots, improved lots,

Alex is showing a multi-story apartment building to an investor. The buyer plans to modify all units to accommodate visually impaired tenants. To make sure that corridors, halls, and connecting paths are compliant, the investor needs to make sure nothing protrudes from the wall more than ............ into the path, and is positioned no lower than ............ from the floor.

Four inches, twenty-seven inches

Registration and Reporting

ILSA requires some subdivision developers to register complete plans with federal regulators, and provide certain disclosures to prospective buyers.

Two building code standards that many states use to model their own policies after are the 2015 International Code Council (ICC) code and the...?

International Building Code (IBC)

Zoning Ordinance

Law that specifies how and for what purpose each parcel of private real estate may be used. Also called zoning code.

Zoning Maps

Maps that indicate the location and boundaries of zoning districts within a municipality.

Proposed developments must follow standards in the established municipal or county master plan; however,...?

Master plans may be modified under certain circumstances

The ............. helped the insurance industry develop a survey for municipalities to establish building guidelines in the early 20th century.

National Board of Fire Underwriters (NBFU)

Both past and present owners may be held accountable by the EPA for cleaning up hazardous conditions that threaten clean air and water. For this reason, it is risky to convert manufacturing sites to residential sites without...?

Obtaining a complete history of the property ownership and use.

Occupancy Type

Occupancy is based the structural materials and intended use.

Building codes establish guidelines for maximum occupancy...?

On a per floor and/or per use basis.

Peter shows an investor a commercial building for sale, but the front entrance steps are hard to navigate. He tells them they can negotiate with the seller to see if they will pay for an ADA approved ramp. To calculate how long the ramp will be without landings, they estimate...?

One foot in length for every 1 inch of rise (1:12)

Meghan is negotiating a deal to buy an abandoned property "as is" from a mortgage company. Her agent advises her to ask the seller to remove some old metal drums with an unknown liquid in them, which have been stored in a shed. Her reasoning is that...?

People who transport substances on the EPA's National Priorities List may be subject to penalties and fines.

Resource Conservation and Recovery Act (RCRA)

Protocols and rules for underground storage tanks containing petroleum-based products, non-hazardous waste, medical waste, and toxic waste.

Reasons why Gov Entities own Land

Public interest, urban renewal efforts, public housing, conservation purposes

Building Envelope

Refers to the massing or bulk of a building. Typically defined by the exterior walls of a building. (in other words, directly influences shape of house or building on particular property)

A municipality typically organized into three primary districts:

Residential, commercial and industrial

Superfund Amendments and Reauthorization Act (SARA) of 1986

Strengthened focus on human health associated with hazardous waste sites. New enforcement authority and 8.5 billion increase in funding.

Under what circumstances could a developer with a total of 38 lots qualify for a full statutory exemption?

Subdivisions with more than twenty-five lots may qualify if fewer than twenty-five lots are offered for sale because some lots are offered for sale or lease under the common promotional plan.

What is the first step a developer must take when creating a subdivision?

Survey the land

Lot Coverage

That portion of a zoning lot which, when viewed from above, is covered by a building.

Which EPA regulation covers water sources like lakes, rivers, springs, streams, and underground wells?

The Safe Water Drinking Act (SWDA)

Lot Area

The area (in square feet) of a zoning lot.

Variance

The authorization to improve or develop a particular property in a manner not authorized by zoning.

Subdivision Regulations

The control of the division of a tract of land into individual lots by requiring development according to specific design standards and procedures adopted by local ordinances.

A federal employee contacted John, a local real estate broker, asking for information about vacant homes in a declining neighborhood. The government may be considering investing in...?

Urban renewal to prevent further blight

"As-of-right"

When a property fully complies with zoning resolution

Every development must comply with local ordinances. Which agency/official typically sets per-capita parking space requirements?

Zoning Office

Upzoning

allows more square footage therefor more valuable

Commercial land

any activity, business or investment used for profit

Industrial Developments

areas established for manufacturing

bulk regulations

building restrictions that apply to all property in an area (ex. Minimum setback from street) Y14

Floor Area Ratio (FAR)

bulk regulation controlling the size of the buildings

95 percent of land owned by federal gov is owned by these four agencies

bureau of land management, the forest service, national park service, fish and wildlife service

Common Land Uses

city parks, streets, roadways, public boat ramps, city owned recreational places for hiking, biking and sporting events

Before advising a buyer-client to sign a contract to purchase a lot in a subdivision under development, real estate agents should help them obtain a ............ which discloses valuable information about the developer's obligations and construction timelines.

comprehensive report

Zoning

dividing an area into zones or sections reserved for different purposes such as residence and business and manufacturing etc

Community Facilities

facilities intended to serve common needs and for the benefit of the community

Building Codes started out as a

mechanism for insurance companies to manage risk

Zoned/Restricted Real Estate Transactions

must approve access via public roadway to at least one edge of legal boundary of subdivision. purchaser or lessee must be a legally organized business entity, before recording or executing a lease. purchaser must attest in writing that the property will be used solely for commercial or industrial activities of the entity or provide evidence that there is a legal binding agreement in place to to sell or lease to a business engaged in commercial business activities.

Federal Level Land and Buildings

national parks, military bases, federal government buildings

Housing inventory has reached a ten year low, primarily because a new plant in a nearby town brought in hundreds of workers from other parts of the state. City leaders are considering an application for a new subdivision development that would increase housing options. This is an example of ............, triggering change to the master plan.

net migration

Both past and present owners may be held accountable by the EPA for cleaning up hazardous conditions that threaten clean air and water. For this reason, it is risky to convert manufacturing sites to residential sites without...?

obtaining a complete history of the property ownership and use.

Interstate Land Sales Full Disclosure Act of 1968

protect consumers from fraud stemming from the lease or sale of land across state lines

A developer of a subdivision may impose easements for which of the following reasons?

provide access to a lot

Common municipal buildings

public schools, community centers, libraries, law enforcement

Clean Air Act (caa) 1970

regulate hazardous air pollutants

Clean Water Act (cwa)

regulates source water

Subdivision regulations are generally created and enforced by local, state, and federal agencies. However, developers may choose to add ............ that influence landscaping and architectural design, choices, as well as limit certain activities within the community borders to shape the tone and appearance of the subdivision.

restrictive covenants

Safe Drinking Water Act (SDWA) 1974

safety standards for public drinking water

Business to Business Transactions

sales to builders who purchase lots specifically for the purpose of building residential structures or for resale to a person or persons who plan to build residential housing are exempt from federal regulations.

Which agency establishes and enforces regulations to ensure safe removal and disposal of lead during rehabilitation projects in the United States?

the EPA

Disclosing Progress Via Comprehensive Property Rights

this report intended to be very detailed in order to give buyers full information to make informed purchasing decision This includes construction of roadways, utility services, restrictions and association details, relevant documents, climate and subdivision characteristics, additional notices.

Municipal building code enforcement regulates buildings and other structures to protect the health, safety, and...?

welfare of the general public