Real Estate Course Level 5

Subdivision development step-by-step

(There may be slight differences from city to city, remember, subdivision regulations and zoning laws are created locally). 1) During the initial planning stage, before any land is purchased or any construction begins on a subdivision, a subdivider who has located undeveloped acreage that is for sale has the land surveyed and a plat made. 2) The subdivider plans out the community on paper (indicating roads, schools, and parks). 3) The proposed plan for the subdivision is then given to the city for review and approval. 4) The city ensures the plan adheres to the overall urban plan and subdivision regulations of the city. If modifications or changes are needed, the subdivider is notified and allowed to submit changes as required by the city. 5) Sometimes referred to as the final planning stage, all the initial planning has met approval and now any loose ends are tied up, all the details are finalized, and the final subdivision plat is turned over to whichever authority has jurisdiction for final approval (that could be the city council, a planning board or commission, a zoning council, or something else, depending on the way the municipality is set up.) 6) After final approval, the subdivision plat is filed at the county records office and the developer is given a certificate from the city. It is at this point that the subdivider may now purchase the property. Hopefully, financing has already been secured. This is called the Start-Up Stage because this is when the building starts with lots, roads, and houses.

Zoning concepts to know

1) As-of right zoning 2) Incentive zoning 3) Inclusionary zoning 4) Cluster zoning 5) Floating zones 6) Aesthetic zoning 7) Historical or landmarked districts 8) Buffer zones

Test Level 5 b) Subdivision Regulations

1) Can be enacted as a deed restriction: 2) Has to do with creating a new subdivision: a) Application of Rules b) Subdivision Regulations c) Building Code d) Zoning

Test Level 5 c) Zoning

1) Dictates the acceptable uses of a parcel of land: 2) Creates different zones with different uses: a) Application of Rules b) Building Codes c) Zoning d) Subdivision Regulations

What does zoning regulate

1) How land is used. Is this land residential? Industrial? Commercial? Depends on the zone. 2) Minimum lot size. What is the smallest "buildable" lot size? 3) Maximum building height. How tall can the tallest building be? 4) Kinds of structures. The zone your'e in will determine the permitted structures. 5) Setback. How far from the street (and other buildings) a building has to be. 6) Density. The maximum allowable number of units - denser areas allow more people per square mile, less dense areas allow fewer. 7) Parking spaces. Zoning regulations can require builders to create parking for residents, especially in dense areas. 8) How air rights can be transferred. Some places allow residents to sell their air rights. 9) How natural resources can be used in the area. Water rights, conservation requirements, wetland protections, mineral rights, other environmental concerns are part of zoning. 10) How much land is set aside for public use and infrastructure. This includes land for streets, schools, hospitals, utility right-of-ways, parks, green space, and more. 11) Historic preservation and landmark sites. Sometimes these are overseen and regulated by a separate committee and set of laws, and sometimes they are part of zoning. 12) Limits on accessory buildings. What kind of structures other than a home can be built on a residential lot? 13) Lot coverage. What's the maximum square footage that can exist on a given lot?"

3 types of land use controls

1) Public Land-Use Controls (government). 2) Private Land-Use Controls. 3) Public Ownership of Land (Parks)

Test Level 5 b) Building Code

1) Rules for the inside of buildings: 2) Deals with safety instead of urban planning: a) Zoning b) Building Code c) Application of Rules d) Subdivision Regulations

Test Level 5 c) Application of Rules

1) Settles disparities between zoning regs and HOA rules: 2) The strictest rule is the one to follow: a) Building Code b) Zoning c) Application of Rules d) Subdivision Regulations

2 types of zoning ordinances

1. Making a zoning map. This involves carving up the whole town into pieces, and assigning each piece a type of zoning. 2. Outlining the permitted uses. Rules are created for what is allowed (and not allowed) in each zone. Zoning rules are created by local governments by passing laws called zoning regulations. Those regulations are then interpreted by another branch of local government, the zoning board of appeals (which sometimes called something slightly different, like the board of zoning interpretation or appellate zoning commission or the zonehead zone).

Eminent Domain: Condemnation

If the government really needs someone's property, but the owner doesn't want to sell, the government will initiate a condemnation suit. Condemnation is the governmental act of seizing private land through exercise of eminent domain. Eminent Domain is the right the government has to snatch property, and condemnation is the process by which they do it. The government doesn't just come through grabbing any real estate that looks fresh and juicy, though. To exercise eminent domain: 1) the property being condemned must be used for and/or benefit the public. 2) The owner of the property being condemned must be fairly compensated.

Quiz Level 5 b) Fairly compensate her for the property.

In order for the taking of Lena's land to be legal, What must her city do? a) Produce a new master plan. b) Fairly compensate her for the property. c) Prove to the zoning board of appeals that it's justified. d) Get her to agree to the sale.

Common Zoning Classifications

In real life you have to know how zoning in your city works because it's different in each city.

Zoning fairness test

Inconsistent zoning (or inconsistent application of zoning regulations) can lead to discriminatory or unfair housing situations. To be considered appropriate, zoning regulations must: Be clear and specific Be applied equally Be free from discrimination (which is also prohibited by federal law) Be reasonable

Public Land-Use Controls: Escheat

Is the legal doctrine by which the decedent's property will pass to the state without their consent if that individual dies without a will, a surviving spouse, lineal descendants, or other known heirs. Escheat can also be used if a property is abandoned by the owner.

Probate

Is the process by which courts determine and grant the appropriate ownership interstate of an estate to creditors, taxing entities, and heirs of an owner who dies intestate. Your heirs will likely not be pleased to have to go through probate, and you won't get to determine which of them gets what. When a person dies intestate, their estate is settled according to the laws of descent and distribution. The laws of descent and distribution are a set of laws that sets out the process of passing an estate to heirs when the owner dies intestate.

Guided Practice: Eminent Domain They can initiate a condemnation suit to exercise their right of eminent domain. Sorry Lena, but the people need their power.

Lena owns a home near the electrical plant of her small town. Well, it was a small town, but thanks to a smattering of new tech companies headquartering there and a very flattering feature on Diners, Drive-ins, and Dives, it's becoming a larger town, maybe even a city. The almost-city needs to expand the electrical plant, and they need Lena's land to do it. Lena doesn't want to give up her home, and refuses to sell it. What recourse does the municipality have?

Master Planning Inspo from the Empire State

Sometimes its helpful getting advice from another state. New York for example, has great resources. Lets steal them! Step 1) Research To create a master plan, the planning board will look at physical surveys and data about the population, including age and socioeconomic demographics. They'll consider infrastructure needs, including roads, schools, public utilities, green space, and environmental concerns. They look at current housing stock in the area, public transit availability, economic trends, and historical preservation concerns. They'll consider growth patterns: Where populations are increasing or declining, what level of growth is optimal, what infrastructure will be required to support the desired amount of growth in the future. Some master plans will limit building permits and subdivision creation to guide growth or keep it within certain limits. Sometimes other stakeholders in the community or the local government will weigh in. Step 2) Creating the plan After reviewing the data, the planning board will develop goals for the community (increasing green space, for example). Then they will build the plan toward these goals. Here are what the plan creation steps might look like: 1) Focus: Identify major issues 2) Inventory: Survey an analysis 3) Identify goals and objectives 4) Develop a plan 5) Review the plan 6) Implement and evaluate The plan will be revisited often, adjusted, and expanded as the town grows and changes.

Plat Patterns (I call them Platterns)

Subdividers commonly use one of two patterns for their plat: 1) Gridiron 2) Curvilinear

Subdivision Regulations vs, Deed Restrictions

Subdivision regulations might sound similar to the deed restrictions you learned about in the last level. While they regulate similar things, they are created differently. Subdivision regulations are laws passed by municipal governments, while deed restrictions are put in place by private citizens, either developers or homeowners. In fact, a deed restriction could be the mechanism by which a developer ensures their subdivision is complying with the local regulations.

Test Level 5 b) Application of Rules

The strictest rule is the one to follow: a) Building Code b) Application of Rules c) Zoning d) Subdivision Regulations

Subdivision Regulations

The third aspect of police power is ___ ___. These are similar to zoning laws, but describe specifically how subdivisions can be created, rules for how land can be parceled out, how dense they can be, and other zoning-adjacent issues. ___ ___ can also require subdividers to provide certain public utilities and right-of-ways, roads, and other infrastructure items. Lastly, they can dictate tax requirements for subdivisions to pay for the services they use.

Quiz Level 5 d) Marcela passed away without a will and no known heirs, so the city of Augusta now has the title to her estate.

Which of the following is an example of escheat? a) Marcela is not allowed by the city of Augusta to build a guest house in her backyard. b) Marcela's subdivision requires her to park her vehicles inside her parking garage. c) The city of Augusta is taking 132 feet of Marcela's property in order to add a roundabout. d) Marcela passed away without a will and no known heirs, so the city of Augusta now has the title to her estate.

Quiz Level 5 b) Building Code

Which of these is NOT something zoning regulates? a) Height b) Building Code c) Lot size d) Density

Planning Board

A planning board is a board with the primary purpose of developing a municipality's master plan. It also advises other boards on planning issues, takes specific zoning actions, and advises legislators on zoning and planning issues. Depending on where you live, the planning authority could be called the planning commission, planning committee, or department of planning. (Ah, the delightful regional variations of municipal government.) However, planning boards all have a similar overarching mission: planning!

What do Planning Boards do?

A planning board might do any of the following: 1) Advise legislators and other boards on matters of planning. 2) Create the master plan or comprehensive plan for their community. 3) Develop a capital budget to fund planning initiatives. 4) Create criteria for and approve new developments and subdivisions. 5) Advise the zoning board of appeals on granting variances, if necessary.

Special Assessments

A special assessment is when additional taxes are levied on the homeowners in a neighborhood or area to pay for things like sidewalk improvements, street lights, and parks. Failing to pay a special assessment (even if you promise never to use that new sidewalk) can cause a lien to be put on your home.

Quiz Level 5 d) They failed to provide just compensation for the land.

A town's city council seizes Rachel's farm land to build a new power plant. They paid the cost of moving her farm equipment. Why is this not a legal act of eminent domain? a) A power plant is not in the public good. b) Farm land cannot be seized by eminent domain without a federal court order. c) Rachel was not given the opportunity to appeal the decision. d) They failed to provide just compensation for the land.

Quiz Level 5 a) zoning ordinances

After a master plan is adopted, what can a municipality start to create or refine? a) zoning ordinances b) a map c) taxes d) an annual budget

Plats

After the subdivider creates a plan for the subdivision, they draw up a plat - a detailed map that notes the property lines dividing individual lots. This map also illustrates blocks (collections of lots) and marks sections, streets, monuments, and any other relevant public amenity or structure. The particularities of a plat may vary among different developers. For example, some subdividers may include engineering data or restrictive covenants as part of their plats. The layout of a housing community, as established in a plat influences the accessibility of recreational space as well as the general functionality and aesthetic appeal of the development. A subdivider can create more space for parks and other amenities by varying the street patterns and clustering houses.

Laws of Descent and Distribution

Are a set of laws that sets out the process of passing an estate to heirs when the owner dies intestate. Who gets what? The laws of descent and distribution vary by state. In Georgia, if a decedent (dead person) had a living spouse and children, the estate is split equally between the spouse and kids, but with the caveat (warning) that a spouse never gets less than a third of the estate. If there is a spouse but no kids, the entire estate goes to the spouse. If there kids but no spouse, the kids share the estate. If one of the decedent's children has passed, but they had children (so, the grandchildren of the decedent), those kids share their parent's share of the estate. If a decedent doesn't have any surviving kids, grand kids, or a spouse, the estate goes to their parents, then their siblings, then their nieces or nephews, then their grandparents, then aunts and uncles, then cousins, then the next living heir. (Can you see why having a will is a good idea?) If you don't have any of those then it's escheatin' time. If you die with no will and nobody left to mourn you, then the state gets your stuff.

Subdivision Approval

Before approving a new subdivision, planning boards will most likely require the subdividers and developers to set aside land for streets, schools, and green space; assure them sewer and street costs will be paid; and demonstrate that lot sizes comply with local zoning and fire safety ordinances. Subdividers can also put deed restrictions on the properties that regulate things like minimum or maximum square footage, lot size, and other restrictions. Before offering lots in a subdivision for sale, a subdivider must: File a plat map with the municipality (a plat map shows how the tract of land will be subdivided). Get all necessary regulatory approvals. Also, note that if the builder expects buyers to use FHA financing, they must meet the FHA's relatively stringent minimum building standards.

Cluster Zoning

Cluster zoning (also called density zoning or conservation-oriented development) is another way that communities can create more affordable housing options by changing density. The way cluster zoning works is that density is determined for an entire area, instead of on a lot-by-lot basis. That allows a developer to create one collection of dense housing and a lot of green space on a parcel, instead of equally spaced single family homes. So, for example: in a cluster-zoned subdivision, instead of each house sitting on a larger lot, you could have a few dense areas of housing (like townhomes or apartment buildings) and the rest of the subdivision could be green space. Typically, cluster-zoned subdivisions have twice the density on half the acreage. Cluster zoning is often used for group homes, senior living facilities, and affordable housing. It creates close, walkable or bikeable communities surrounded by green space that can be used for parks, recreation areas, or simply open space for wildlife habitat and water reclamation. Housing is more affordable because it is less expensive to build smaller, multi-unit or attached unit buildings than unattached single-family homes.

Upzoning and downzoning

up - more dense use down - less dense use

Inverse Condemnation

when the government appropriates a private property without compensating the property owner. In order to be compensated, the owner must sue the government. In such cases, the owner is the plaintiff in the suit, and that is why the action is called inverse. In direct condemnation, the government is the plaintiff and sues the defendant-owner to take their property.

Building codes video summary

A building code is a law, usually a local law, enacted by a municipality, sometimes by maybe a state, and what they do is, they determine how you can build structures, what you can build them with, what kind of specifications they have to be built to, what types of materials have to be used for certain aspects of the building, what types of insulation you can use, how does the electricity have to be set up? Basically, everything about the building has to be done a certain way. You can build a building however you want, but there's going to be a review of the structure at several stages between planning and final construction, that they're going to look to see if it complies with the building code. First off, when you submit plans to build a building, they want to look at the plans and they wanna see is the structure sound? Is it safe? They wanna make sure that it has all of the requisite features that the property should have. For example, part of the code might be for every X amount of occupants this building has, it must have Y number of parking spaces. Building codes also might specify that when certain work is being done on certain older systems, that triggers you to have a required update of certain systems. So say for example, if you have a property who's electric system is out of date and it goes, and you bring an electrician to try an fix it, sometimes you get that dreaded news that hey, this isn't gonna be up to code, and I'm gonna have to redo all of this to bring it up to code, if I redo this switch right here. Nobody wants to hear that, but it does keep us safe. So, how could building code impact a real life deal that you are working on? Know the basic building codes in your area so you can educated your clients.

Certificate of Occupancy (CO)

A certificate issued by a government authority stating that a building is fit for occupancy and there are no building code violations; the end result of a successful building permit.

Public Land-Use Controls: Taxation

A charge on real estate that is used to pay for services provided by the government.

Quiz Level 5 d) Dividing the city into zones, then creating regulations for each of those zones.

A city council has decided to create a set of zoning regulations for their city. They create a master plan. What are the next two steps they're likely to take? a) Drawing up a new set of building codes, then making zoning regulations based on those. b) Creating an environmental impact statement, then convening the zoning board of appeals. c) Creating a comprehensive zoning plan, then consulting the conservation council. d) Dividing the city into zones, then creating regulations for each of those zones.

Test Level 5 d) Subdivision Regulations

Can be enacted as a deed restriction: a) Building Code b) Application of Rules c) Zoning d) Subdivision Regulations

Quiz Level 5 c) Upzoning

For years, a city's residential zone required homes to have 15-foot side yards and a building height under 40 feet. It was rezoned to allow attached buildings with heights up to 80 feet. What is this an example of? a) Downzoning b) Cluster Zoning c) Upzoning d) Incentive Zoning

What's actually in the plan?

Gotta have goals: The master plan will lay out goals and a timetable for achieving those goals. Beyond that, different communities will have different kinds of plans. It could be a list of problems in the community and proposed solutions. example: (If traffic is burdensome, the plan could lay out a vision for expanding commuting routes or increasing public transit. If too much open space is being converted to housing, it could propose limiting development in certain areas.) Plans can take many forms such as a short strategic document, a comprehensive document with background information, a brochure or newspaper insert, a book, and/or web documents.

Test Level 5 d) Subdivision Regulations

Has to do with creating a new subdivision: a) Building Code b) Application of Rules c) Zoning d) Subdivision Regulations

Cluster Zoning Pros

Some of the pros of cluster zoning include: 1) Creates communities that are walkable/bikeable. 2) Allows for more green space. 3) Makes offering affordable housing easier, as units are smaller and less expensive to build. 4) Is a great set-up for communities of older adults with disabilities. 5) Encourages community. 6) Allows land to be left uncultivated for wildlife and water reclamation. 7) Allows space for shared recreational use and community gardens.

Gridiron pattern

The gridiron pattern evolved from the rectangular survey system. It features large lots, wide streets, and some limited-use service alleys. Sidewalks usually run parallel to the street, possibly separated from the road by a small, grassy area. While the gridiron system makes a subdivision easy to navigate, its drawbacks include most homes being located on or near busy streets and a lack of open space.

Police Power: Application of Rules

The last police power is the ___ __ ___ This idea says that when there is a difference between a government restriction and a private restriction, the strictest restriction will be applied. Example: Say an HOA rule doesn't allow permanent structures to be placed within 10 feet of a shared fence, but local zoning laws allow it. In this case, the owner would not be allowed to place a permanent structure within 10 feet of a shared fence. The strictest rule is the one that is followed, as long as it is not in conflict with any national, state, or local laws.

What happens after the plan is adopted

The planning board can suggest or implement specific policy actions (like amending zoning ordinances) to carry out the goals of the plan. The funding for the plan will be included in the capital budget outlined by the planning board as part of the planning process. While the city council or other municipal government will actually pass the zoning ordinances, it's the job of the planning board to advise them as they draft the legislation. Which brings us to the topic of zoning.

How Taxes work

We all pay a bunch of different kinds of taxes, like income tax on the money we make and sales tax on the stuff we buy. Property taxes are levied at the local level and fund municipal services like fire control, police, schools, roads, and local health initiatives.

Quiz Level 5 b) A person dies leaving no will, spouse, descendants, or heirs.

What are the conditions under which a state can exercise its power of escheat? a) A person builds a property out of zone. b) A person dies leaving no will, spouse, descendants, or heirs. c) A person fails to notify the state of their plan to move. d) A person fails to pay the real estate taxes they owe on their property.

Quiz Level 5 c) Sets out their urban planning goals and priorities.

What does a master plan do for a community? a) Creates subdivisions and plats. b) Sets tax assessment levels and tax rates. c) Sets out their urban planning goals and priorities. d) Creates voting policies and procedures.

Quiz level 5 b) Condemnation

What is the name of the process by which the government exercises its rights of eminent domain? a) Reversal b) Condemnation c) Escheat d) Appropriation

Quiz Level 5 b) To create a master plan.

What is the primary purpose of the planning board? a) To pass zoning laws. b) To create a master plan. c) To create building code. d) To grant zoning variances

Quiz Level 5 b) Inclusionary zoning is a kind of incentive zoning

What is the relationship between incentive zoning and inclusionary zoning? a) Inclusionary zoning is the opposite of incentive zoning. b) Inclusionary zoning is a kind of incentive zoning. c) Inclusionary zoning adds density, while incentive zoning lessens density. d) Incentive zoning deals with density, while inclusionary zoning deals with affordable housing.

Quiz Level 5 c) Landmark and Historical Recognition

Which of the following is NOT a police power? a) Creating Building Codes b) The Application of Rules c) Landmark and Historical Recognition d) Zoning

Quiz Level 5 d) Historic preservation

Which of the following is NOT government land-use control based in Police Power? a) Application of Rules b) Zoning c) Building codes d) Historic preservation

Building Permit

A ___ ___ is a legal document from a local authority that authorizes a construction or remodeling project. The ___ application process keeps city officials up-to-date on new construction and property modifications and, more importantly, allows the city to enforce and check for compliance with local zoning laws and building codes. Part of being awarded a building permit is demonstrating that your proposed project complies with building codes. Once construction begins, inspectors from the area that has jurisdiction over the building site will periodically examine progress. Upon completion of construction, an inspector checks the building one last time, and if it is found to be compliant, the inspector issues a certificate of occupancy or an occupancy permit, which certifies that it is ready and fit for inhabitants.

Master Plan

A ___ ___ is a written document created by the local planning board to guide the future growth and development of a community. It is developed by a city, village, town, or county to provide a blueprint for sustainable growth, and balances social, economic, environmental, and aesthetic needs.

As of Right Zoning

As-of right development is development that does not require approval from a community board, planning board, or zoning board of appeals because it falls within the zoning standards for the area. To build an as-of right development, the builder simply goes through the permitting process and starts building.

Assess the Damage

Assessment is the determination of the value of a property for tax purposes. A tax assessor will determine this value based on the value of other properties in the area, plus any improvements you've made to the home since purchasing it. An assessment isn't static - in most areas, homes will be reassessed every year, or every several years. Some areas choose not to base tax bills on a "full assessment." The law will specify what portion of the value of the home will be used to determine the taxes due. Laws also specify what an area's tax rate is. The tax rate the percentage of a property value that is taxed. All of the property in a tax district, or area in which a taxing entity is authorized by the government to levy taxes, makes up the tax base, or the total taxable assets available in a specific area. In short, the ad valorem (property) taxes a property owner owes are based on the area's tax rate and the property's assessed value.

"Taking" as Defined by the Courts

Both Condemnation and Inverse Condemnation are forms of taking. "Taking" is the power of government to seize private property for public use. It's defined in the "takings clause" of the Fifth Amendment to the Constitution, which reads: ... Nor shall private property be taken for public use, without just compensation. What constitutes "public use" and just compensation" is something that is still being hashed out in court.

Test Level 5 c) Zoning

Creates different zones with different uses: a) Building Code b) Application of Rules c) Zoning d) Subdivision Regulations

How subdivisions are made

Creating a subdivision is the process of dividing up a big piece of land into small pieces of land. A subdivision is created by... wait for it... a subdivider. The subdivider takes the large chunks and makes small chunks, then a developer develops the parcels and sells them to people. And that's how nature becomes real estate. A subdivider is the person who creates the development and separates out the land, and a developer is the person who builds on the land and sells the homes. However, in the real world, people will probably just use "developer" as a catchall term for both subdividers and developers.

Master Plans: What they're about

Creating the master plan (or comprehensive plan, the two terms are interchangeable) is one of the most important things planning boards do. Once the plan is complete, the local legislative body will vote to adopt or reject it. A master plan balances the area's social and economic needs against its environmental and aesthetic ones. Zoning regulations are based off of the priorities set forth in the plan.

Test Level 5 a) Building Code

Deals with safety instead of urban planning: a) Building Code b) Application of Rules c) Zoning d) Subdivision Regulations

Test Level 5 c) Zoning

Dictates the acceptable uses of a parcel of land a) Building Code b) Application of Rules c) Zoning d) Subdivision Regulations

Test Level 5 c) Zoning

Dictates the acceptable uses of a parcel of land: a) Building Codes b) Application of Rules c) Zoning d) Subdivision Regulations

Laws of Descent and Distribution

Dying without a will is called dying intestate, and it's not great to do, because it means your estate will be settled by a slow, expensive process called probate. In fact, maybe that's a way to remember it: Die intestate? That's not great.

Cluster zoning and NIMBY Concerns

NIMBY - Not In My Back Yard NIMBY describes an attitude that certain communities (often wealthy and/or highly gentrified ones) have toward public works or socially beneficial projects. For example, a neighborhood is supportive of a new recycling plant, homeless shelter, or affordable housing project until they find out it will be placed in their area. That's called NIMBY-ism, and is a challenge urban planners have to overcome. (NIMBY is not an official real estate term, instead it's an unofficial description of a common urban planning difficulty). People are worried that density will cause noise or traffic, change the character of the neighborhood, or that affordable housing options will drive their property values down. Cluster zoning, actually leads to great outcomes that benefit surrounding neighborhoods with extra green space and appropriate housing options for single people, older people, and other community members that might not want the typical large-lot home.

Quiz Level 5 B) a certificate of occupancy

Once a building has been completed and an inspector verifies it is up to code, what is issued to indicate it's ready to be used? a) A zoning war b) A certificate of occupancy c) A municipal planning approval d) A building permit

Quiz Level 5 d) Escheat

PETE stands for Police Power, Eminent Domain, Taxation, and: a) Escrow b) Estate c) Elimination d) Escheat

P E T E

Police Power: Right of the state to regulate and restrict land-use in order to protect the public, including enforcing zoning and building codes. Eminent Domain: Right of the state to seize a citizen's private property for public use without the owner's consent but with compensation. Taxation: Right of the state to charge real estate taxes to pay for services provided by the government. Escheat: Right of the state to seize a deceased person's estate if an individual dies without a will and has no surviving spouse, lineal descendants, or other known heirs.

Ad Valorem Taxes

Property taxes are ad valorem taxes, which means they are based on the assessed value of a property. What does that mean exactly? When you own a home, you're given a tax bill every year from the local tax authority. It's based on a percentage of the assessed value of your home.

Public Ownership of land

Public ownership of land is necessary so that there is land available not only for schools, government buildings, roads, and military bases, but for more enjoyable public spaces such as local parks and national forests.

General zoning classifications that most places have:

Residential: Residential zones are where people live. Houses belong there. Houses can be anything from a 10,000 square foot manse to a studio in a giant high rise. Residential districts often permit non-residence community facilities like schools, gas stations, medical facilities, and houses of worship. Commercial: A zone for commerce. Stores, shops, galleries, boutiques, emporiums, marts, and trading posts. Hotels, nail salons, grocery stores, restaurants, fancy outdoor malls, depressing strip malls, indoor malls being slowly murdered by millennial's. Commercial enterprises. Industrial: Manufacturing, including warehouses for storing manufactured goods. Agricultural: Farmland for raising crops and animals. Non-agricultural zones will usually have restrictions on the types and amounts of animals allowed, city chickens notwithstanding. Institutional: A zone for schools (especially university campuses), hospitals, courthouses, and prisons. Open space: The zoning equivalent of "this page intentionally left blank." Forests, parks, and shorelines can be open space, but can also be recreational. Vacant land: Which is different from open space. Unimproved land, or land that has uninhabited improvements. Conservation land: Land that has special use rules because it is a wetland, coastal area, on a water recharge zone, or is home to protected wildlife. Recreational: Recreational land can be owned privately, or by a city or the state. It's designed to be open for community recreational uses. For example, a city beach, public forest, or biking or hiking trail area. Keep in mind that there are many other zoning classifications used by particular municipalities - these are just the most common types.

Test Level 5 a) Building Codes

Rules for the inside of buildings: a) Building Codes b) Application of Rules c) Zoning d) Subdivision Regulations

Test Level 5 b) Application of Rules

Settles disparities between zoning regs and HOA rules: a) Building Codes b) Application of Rules c) Zoning d) Subdivision Regulations

Curvilinear pattern

The Curvilinear pattern integrates major feeder roads with smaller streets and cul-de-sacs. While the varied road patterns in a curvilinear system prevent monotony and increase open space, this approach generally minimizes service alleys and the more complex road patterns can be difficult to navigate. Overall, however, the curvilinear plat system provides for quieter and safer neighborhoods. After the plat is complete, the subdivider must submit it to the proper authorities for approval. In addition, some jurisdictions require an environmental impact report stating the effect(s) that the development will have on the surrounding areas.

Independent Practice: What kind of Land-Use Control is this? Answer: A Building Code This land-use control was also passed by a municipal government. It requires that all electrical outlets located in kitchens, bathrooms, garages, and outside use GFCI outlets. It specified what is required for a building to be safe. it addressed the inside of the building and how it is built, as opposed to the use of the property. Building codes are passed by municipal governments, though most are based on a standard code, called a "model code." This allows the non-experts in the city council to ensure they're ratifying a building code that maximizes safety. Still, cities can go rogue and create their own codes if they want. If a developer wants to get a permit to build a new building, they will have to show in their plans that they conform to local building code.

This land-use control was also passed by a municipal government. It requires that all electrical outlets located in kitchens, bathrooms, garages, and outside use GFCI outlets. What kind of land-use control is this, and why?

Independent Practice: What kind of Land-Use Control is this? Answer: A Zoning Regulation, this land-use control was passed as a law, and limits the acceptable uses within a certain boundary to residential properties only. That is a zoning regulation. It was passed by a municipal government, and creates zones of acceptable uses, within a community.

This land-use control was passed as a law, and limits the acceptable uses within a certain boundary to residential properties only. Is this a zoning ordinance, building code, or deed restriction? Why?

Quiz Level 5 a) A subdivider parcels out the land; a developer builds things on it.

What is the difference between a subdivider and a developer? a) A subdivider parcels out the land; a developer builds things on it. b) A subdivider creates a new neighborhood; a developer builds existing neighborhoods. c) A subdivider is a governmental agency; a developer is a commercial enterprise. d) A subdivider builds investment property; a developer builds primary residences.

Quiz Level 5 c) Subdivision regulations are created by local governments; deed restrictions are created by private citizens.

What is the difference between subdivision regulations and deed restrictions? a) Subdivision regulations are for public property; deed restrictions are for private property. b) Subdivision regulations are attached to a person; deed restrictions run with the land. c) Subdivision regulations are created by local governments; deed restrictions are created by private citizens. d) Subdivision regulations are valid for 15 years; deed restrictions are valid for 30 years.

Quiz Level 5 d) Because they are created at the local level.

Why are zoning classifications sometimes different across municipalities? a) Because standardizing them would be too costly. b) Because they are assigned by the Department of the Interior. c) Because they have roots in colonial government types. d) Because they are created at the local level.

Quiz Level 5 c) Because neighborhood stakeholders don't get a say in big developments in their area.

Why is as-of right zoning sometimes controversial in big cities? a) Because other developers don't get a chance to bid on open lots and empty properties. b) Because zoning regulations don't specify how big a development can be. c) Because neighborhood stakeholders don't get a say in big developments in their area. d) Because out-of-scale development makes property values decline.

Zoning ordinance

Zoning is done by creating ____ ____, which are local laws that control how land is used and what structures can be built in a designated district. ___ ___ flow from the priorities outlined in a municipality's master or comprehensive plan.

Zoning and why its a big deal

Zoning regulations control what is and is not allowed to exist as built landscape. It sculpts the physical character of a city or town. Example: Think of Downtown and farm lands, zoning did that. it keeps dense populated areas dense and populated and farms to be farms.

Building Code

___ ___ are sets of regulations pertaining to building design, materials, safety, sanitation, and structure. City authorities require builders to follow building codes. These codes concern a building's structural soundness and it's basic cleanliness - not its aesthetics or appearance. If someone wants to materially alter an existing development or construct a new building, then they must obtain a building permit.

Police Power

___ ___ is the government right to regulate and restrict land use in order to protect the public. The right includes the power to enforce zoning and building codes. Government Controls Based in Police Power: Municipal, state, federal, and private organizations all use different methods to keep our communities clean, well-ordered, safe, and running smoothly. There are four main types of land-use controls that fall under the scope of police power: 1) Zoning 2) Building codes 3) Subdivision regulations 4) Application of Rules

Public Land-Use Controls: Eminent Domain

___ ___ is the power of government to seize private property for public use. The government must pay the property owner just compensation. Just compensation means a fair value for the property that has been taken. The most common uses of property taken by eminent domain are railroads, public utilities, and highways. To eminently domain a property, the government must sue the owner in what's called a condemnation suit. Keep in mind that eminent domain is a last resort. If the government needs a property, it will first try to buy the property from its owner in the usual way, with the owner's consent.

Inclusionary Zoning

____ ____ is a type of incentive zoning that offers density bonuses to developers for including affordable housing, senior housing, or multi-unit housing in a development. Inclusionary zoning has the dual benefits of being free to the municipality that offers it - unlike tax credit incentives, there is no cost, just greater density - and creating mixed-use, mixed -age, or mixed-income communities.

Zoning

____ is the division of land within jurisdiction into separate districts within which uses are permitted, prohibited, or permitted with conditions. ___ regulates the use of land. ___ is done by creating ___ ordinances, which are local laws that control how land is used and what structures can be built in a designated district.

Incentive Zoning

is when zoning ordinances are relaxed (usually adding more density than would normally be allowed, which is called a density bonus) because a developer is building something deemed in the public interest. A New York court defined incentive zoning in Levitt v. Town of South Kingstown Planning Bd. of Appeal as: The process whereby the local authority may grant additional development capacity in exchange for the developer's provision of a public benefit or amenity as specified in the local ordinances. Incentive zoning can be used to fund transit connections, green space, waterfront access, mixed-use areas, or affordable housing.