Unit 8 Real estate planning

authorized the EPA to establish air quality standards for industrial land uses, as well as for automobile and airplane emissions.

Clean Air Amendment (1970)

____________________is a policy that requires the developer to make accommodations concurrently with the development of the project itself, not afterwards. For example, if a project will create a traffic overload in an area, the developer may have to widen the road while constructing the project

Concurrency

In sum, for their own protection, licensees should be careful to:

be aware of potential hazards disclose known material facts distribute the HUD booklet know where to seek professional help

UFFI ban 1982 apply's to

formaldehyde in insulation

Commercial zoning regulates intensity of usage, by limiting the area of store or office per site area. Intensity regulation is further achieved by minimum parking requirements, setbacks, and building height restrictions.

limiting the area of store or office per site area. Intensity regulation is further achieved by minimum parking requirements, setbacks, and building height restrictions.

Residential zoning regulates density by

limiting the number and size of dwelling units and lots in an area

Residential zoning regulates values and aesthetics, by

limiting the type of residences allowed

The vehicle for zoning a city or county is the zoning ordinance, a regulation enacted by the

local government

Subdivision requirements typically regulate

location, grading, alignment, surfacing, street width, highways sewers and water mains lot and block dimensions building and setback lines public use dedications utility easements ground percolation environmental impact report zoned density

municipal planning departments are responsible for

long-term implementation of the master plan creating rules and restrictions that support plans and policies enforcing and administering land use regulation on an everyday basis

The underlying purpose of restrictions is to preserve the value and quality of the neighborhood, commercial center, or industrial park

preserve the value and quality of the neighborhood, commercial center, or industrial park

The declaration of a subdivision (restriction), Planned Unit Development, condominium, and commercial or industrial park contains

private use restrictions

A ____________ deed can terminate a private deed restriction

quitclaim

Deed restrictions may not be discriminatory by restricting ownership or use on the basis of Restrictions on commercial property use may not violate fair trade and anti-trust laws

race, religion, marital status, or gender.

Typical deed restrictions concern:

required minimum area of a residence setback prohibition against construction of sheds or secondary buildings prohibition against conducting certain commercial activities

Six common types of zone are:

residential commercial industrial agricultural public planned unit development (PUD)

Major considerations of TYPE of growth are

residential density and commercial intensity effects of industrial and commercial land uses on residential and public sectors, i.e., where to allow such uses effect of new developments on traffic patterns and thoroughfares effects on the environment and environmental quality (air, water, soil, noise, visual aspects) effect on natural resources that support the community code specifications for specific construction projects

One of the primary applications of zoning power is the separation of

residential properties from commercial and industrial uses

To acquire a property through eminent domain, the public entity must first adopt a formal resolution, often called a

resolution of necessity.

The issue of eminent domain versus individual property rights came under scrutiny in a 2005 Supreme Court ruling that affirmed the rights of state and local governments to use the power of eminent domain for

urban re-development and revitalization

Planned unit development (PUD) zoning restricts

use to development of whole tracts that are designed to use space efficiently and maximize open space. A PUD zone may be for residential, commercial, or industrial uses, or combinations thereof

A zoning ______________ allows a use that differs from the applicable ordinance for a variety of justifiable reasons

variance

Restrictions on commercial property use may not

violate fair trade and anti-trust laws

Who administers zoning ordinances

zoning board

If the subdivision is in a zoned area, restrictive covenants have priority over the

zoning ordinance

Under CERCLA and the Superfund Amendment of 1986, current landowners, as well as previous owners of a property, may be held liable for environmental violations, even if

"innocent" of a violation

examples of zoning variance include

-compliance will cause unreasonable hardship -the use will not change the essential character of the area -the use does not conflict with the general intent of the ordinance

A community achieves its land usage goals through a three-phase process.

-development of a master plan for the jurisdiction -administration of the plan by a municipal, county, or regional planning commission -implementation of the plan through public control of zoning, building codes, permits, and other measures

A declaration restriction has the same legal effect as a deed restriction, as the declaration attaches to the rights in the property but:

.A private party cannot. extinguish a declaration restriction by agreement or quitclaim deed

The Lead-based Paint Act of 1992 requires a seller or seller's agent to disclose known lead problems in properties built before

1978 The licensee must give the buyer or lessee a copy of the EPA-HUD-US Consumer Product Safety Commission booklet, "Protect Your Family from Lead in your home."

What environmental legislation particularly targeted the cleanup of former industrial sites?

Brownfields legislation of 2002

__________________ establish standards for virtually every aspect of a construction project, including offsite improvements such as streets, curbs, gutters, drainage systems, and onsite improvements such as the building itself.

Building codes

states that if a property owner is lax in protecting his or her rights, the property owner may lose those rights.

Doctrine of Laches

In addition to local regulation, subdivisions must meet FHA (Federal Housing Authority) requirements to qualify for

FHA financing insurance

which state has statewide zoning regulations

Hawaii

banned lead in the manufacture of paint and established disclosure requirements and guidelines for testing and remediation.

Lead-based paint ban (1978) and Residential Lead-based Paint Hazard Reduction Act (1992, 1996)

created the Environmental Protection Agency (EPA) and the Council for Environmental Quality, giving them a mandate to establish environmental standards for land use planning. The act also required environmental impact surveys on large development projects

National Environmental Policy Act (1969)

addressed disposal of solid and toxic wastes and measures for managing waste. In addition, the Superfund act provided money for hazardous waste disposal and the authority to charge cleanup costs to responsible parties.

Resource Recovery Act (1970), the Resource Conservation and Recovery Act (1976), the Comprehensive Environmental Response, Compensation and Liability Act (Superfund, CERCLA) (1980), the Superfund Amendment and Reauthorization Act (1986)

_____________________ are promises by those who purchase property in the subdivision to limit the use of their property to comply with the requirements of the restrictive covenants

Restrictive covenants

Off-gassing from synthetic materials and lack of ventilation can lead to such consequences as

Sick Building Syndrome (SBS) and Building-Related Illness (BRI)

Who is usually responsible for site plans, subdivision plans, building permits, and ruling on zoning issues?

The planning commission

Restrictive covenants may be terminated in any of these ways:

The specified time period of the covenant expires. The property owners vote to end the restrictions. This may require a unanimous vote of all owners or a smaller vote of some subset of owners, depending on how the restriction was written. Over time the character of the subdivision changes making it more suitable for some other kind of use. The property owners choose not to follow the original plan by violating their own restrictions. In this kind of situation, any attempt to later enforce the restrictions might be disallowed by a court. The owners do not enforce the restrictions in a timely manner

Why are volatile organic compounds (VOCs) considered an environmental hazard?

They emit toxic fumes

addressed standards to control water pollution and industrial wastes from the standpoints of future prevention, as well as remediation of existing pollution

Water Quality Improvement Act (1970), the Water Pollution Control Act amendment (1972), the Clean Water Act Amendment (1977)

Public entities that have the power of eminent domain include

all levels of government public districts (schools, etc.) public utilities public service corporations (power companies, etc.) public housing and redevelopment agencies other government agencies

To obtain a change of the zoning for a particular property, for example, from residential to commercial, a property owner would ask the zoning board for a(n

amendment

In exercising its ownership rights, a municipality may ________ property adjacent to its existing property or purchase other tracts of land through conventional transfers

annex

The planning commission is responsible for:

approving site plans and subdivision plans approving building permits ruling on zoning issues

Building codes typically address:

architectural and engineering standards construction materials standards building support systems such as life safety, electrical, mechanical, and utility systems

Local planners do not have unlimited authority to do whatever they want. Their zoning ordinances must be clear in import, apply to all parties equally, and promote health, safety, and welfare of the community in a reasonable manner.

be clear in import, apply to all parties equally, and promote health, safety, and welfare of the community in a reasonable manner.

Restrictions must be reasonable, and they

benefit all property owners alike.

Some areas adopt ________________ to separate residential areas from commercial and industrial zones

buffer zones

Local governments enforce zoning ordinances by issuing

building permits to those who want to improve, repair, or refurbish a property

Municipal, county, and regional authorities develop _______________________ for a particular community with the input of property owners.

comprehensive land use plans

Building inspectors inspect a new development or improvement for code compliance. If the work complies, the municipality or county issues a _______________________ which officially clears the property for occupation and us

certificate of occupancy,

A special exception grant authorizes a use that is not consistent with the zoning ordinance in a literal sense, yet is

clearly beneficial or essential to the public welfare and does not materially impair other uses in the zone

A nonconforming use is one that

clearly differs from current zoning

The primary objectives of a master plan are generally to

control and accommodate social and economic growth

Public land use management takes place within

county and municipal planning departments

The most common expressions of police power are

county and municipal zoning

A private usage restriction can be enforced by filing for a

court injunction

In effect, the zoning board is a ___________________ for owners and developers who desire to use land in a manner that is not entirely consistent with existing ordinances

court of appeals

If the board rejects an appeal, the party may appeal the ruling further in a

court of law

Further, the 1996 lead-based paint regulation requires sellers or lessors of almost all residential properties built before 1978 to

disclose known lead-based paint hazards and provide any relevant records available

Restrictions that provide for a reversion of title if they are violated are called

deed conditions

Property owners in the private sector can regulate land use to some extent through

deed restrictions and deed conditions

deed conditions create a ________________ estate, as discussed in an earlier chapter.

defeasible fee

In addition to the quantity of growth, a master plan also

defines what type of growth will occur, and where

Zoning ordinances implement the master plan by regulating

density, land use intensity, aesthetics, and highest and best use

The Constitution grants the states the legal authority to regulate, and the states delegate the authority to counties and municipalities through legislation called

enabling acts

In some states, subdivisions of land that are located within a certain distance of an incorporated city or town must be approved by the municipality. In counties that are densely populated, the county must approve subdivisions. This is called

extraterritorial jurisdiction (ETJ)

As the master plan sets forth guidelines for how much growth will be allowed, it must also make plans for accommodating expanding or contracting demand for services and infrastructure. The plan must identify:

facilities requirements for local government new construction requirements for streets, schools, and social services facilities such as libraries, civic centers, etc. new construction required to provide power, water and sewer services

The state enforces its planning mandates by

giving state agencies the power to approve county and local plans.

A master plan sets specific guidelines on

how much growth the jurisdiction will allow

An _______________________ is one that conflicts with ordinances that were in place before the use commenced

illegal nonconforming use

industrial zoning regulates

intensity of usage type of industrial activity environmental consequences

Public land use planning incorporates long-term usage strategies and growth policies in a

land use plan, or master plan, also called a comprehensive plan

nonconforming uses result when a zoning change leaves existing properties in violation of the new ordinance. This type of nonconforming use is a

legal nonconforming use

A growth plan considers

nature, location and extent of permitted uses availability of sanitation facilities adequacy of drainage, waste collection, and potable water systems adequacy of utilities companies adequacy and patterns of thoroughfares housing availability conservation of natural resources adequacy of recreational facilities ability and willingness of the community to absorb new taxes, bond issues, and assessments

Restrictive covenants are by nature

negative easements

A zoning board generally deals with such issues and appeals as:

nonconforming use variance special exception conditional use permit zoning amendment

Further zoning enforcement is achieved through periodic inspections.

periodic inspections.

The developer submits a _________________ containing surveyed plat maps and comprehensive building specifications

plat of subdivision

At the local level, county and city governments control land use through the authority known as

police power

In response to land use objectives, community attitudes, and conclusions drawn from research, the planning personnel formulate their plan. In the course of planning, they analyze:

population and demographic trends economic trends existing land use existing support facilities traffic patterns

Over time, public and private control of land use has come to focus on certain core purposes. These are:

preservation of property values promotion of the highest and best use of property balance between individual property rights and the public good, i.e., its health, safety and welfare control of growth to remain within infrastructure capabilities incorporation of community consensus into regulatory and planning activities

examples of public land use control are

subdivision regulations building codes eminent domain environmental restrictions development requirements

In most jurisdictions, a planning commission or board comprised of officials appointed by __________________________ handles the planning function

the government's legislative entity

Ordinances typically address:

the nature of land use-- office, commercial, residential, etc. size and configuration of a building site, including setbacks, sidewalk requirements, parking requirements, and access site development procedures construction and design methods and materials, including height restrictions, building-to-site area ratios, and architectural styles use of space within the building signage

While the Constitution guarantees the right of individual ownership of real estate, it does not guarantee

the uncontrolled sale, use, and development of real estate

A planning commission manages the master plan and enforces it by exercising its power to establish zones, control building permits, and create building codes

to establish zones, control building permits, and create building codes