Real Estate Development Terms Quiz
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Questions and Answers

What is a Certificate of Occupancy?

  • A document that confirms a property has fully complied with all building codes (correct)
  • A document that confirms a property is ready for eminent domain use
  • A document that confirms a property has fully complied with all zoning regulations
  • A document that confirms a property is free of deed restrictions

    • What is the purpose of Concurrency in planning?

  • To address negative impacts after construction is completed
  • To delay addressing any negative impacts until they arise
  • To address foreseen negative impacts during construction itself (correct)
  • To ignore potential negative impacts of development

    • What does Eminent Domain allow a government entity to do?

  • Force the sale of private property for public use (correct)
  • Ignore all zoning regulations in particular areas
  • Force owners to use their property in any way they choose
  • Prevent any future development on private properties

    • What is a Master Plan in terms of urban planning?

    <p>An amalgamated land use plan for a municipality or region</p> Signup and view all the answers

    What is the purpose of a Deed Restriction?

    <p>To limit how the deeded property may be used or improved</p> Signup and view all the answers

    What does a Building Code establish?

    <p>Standards for construction of improved properties</p> Signup and view all the answers

    What is a Non-conforming use in terms of zoning ordinances?

    <p>A land use that is inconsistent with the current zoning ordinance</p> Signup and view all the answers

    What is the purpose of a Condemnation decree under eminent domain?

    <p>To force the sale of private property for public use</p> Signup and view all the answers

    What does a Deed Restriction do to deeded property?

    <p>It prohibits specific uses or improvements</p> Signup and view all the answers

    What can the grantor do if a condition is violated?

    <p>Re-possess the property and sue for legal title</p> Signup and view all the answers

    What do Deed Restrictions refer to?

    <p>Limitations on the use of a property specified in its deed</p> Signup and view all the answers

    What is required to obtain a certificate of occupancy?

    <p>Adhering to rigorous construction and material regulations</p> Signup and view all the answers

    Which legislation regulates dumping in navigable waters and wetlands?

    <p>Clean Water Act</p> Signup and view all the answers

    What does a variance refer to in zoning regulations?

    <p>A change in zones or rezoning</p> Signup and view all the answers

    When is a nonconforming use considered legal?

    <p>If it existed prior to the creation of the zone</p> Signup and view all the answers

    What are CCRs within a development context?

    <p>&quot;Covenants, Conditions, and Restrictions&quot;</p> Signup and view all the answers

    What do private land use controls specify?

    <p>Limitations on the use of a property stated in its deed</p> Signup and view all the answers

    'Special Exception' allows for what in a particular zone?

    <p>Specific uses not typically allowed</p> Signup and view all the answers

    What is the main purpose of police power in real estate?

    <p>To regulate land use in the interest of public health and safety</p> Signup and view all the answers

    What is the significance of a 'variance' in land use planning?

    <p>It permits land use that conflicts with current zoning under certain conditions</p> Signup and view all the answers

    What does the term 'nonconforming use' refer to in zoning appeals?

    <p>A land use that existed before the creation of a specific zone</p> Signup and view all the answers

    What is the aim of Planned Unit Development (PUD) zoning?

    <p>To achieve spatial efficiency and open space in mixed-use developments</p> Signup and view all the answers

    In the context of zoning, what is the role of the Zoning Board of Adjustment?

    <p>Overseeing rule administration and appeals</p> Signup and view all the answers

    Which category of zoning typically includes regulations for manufacturing facilities?

    <p>Industrial</p> Signup and view all the answers

    What does 'eminent domain' allow government entities to do?

    <p>Purchase private property for public use with just compensation</p> Signup and view all the answers

    What is the primary goal of land use planning?

    <p>Promote the highest and best use of land</p> Signup and view all the answers

    'Declaration restriction' attached to a property serves which purpose?

    <p>Optimize and preserve property value</p> Signup and view all the answers

    What does a 'special exception' authorize in land use planning?

    <p>A land use in conflict with zoning authorized based on public interest</p> Signup and view all the answers

    What is the purpose of a Master Plan in urban planning?

    <p>To serve as a blueprint for subsequent zoning ordinances</p> Signup and view all the answers

    In the context of real estate, what does a Certificate of Occupancy signify?

    <p>Compliance with building codes and ready for occupancy</p> Signup and view all the answers

    What does a Deed Restriction impose on the use of deeded property?

    <p>Limits or places rules on property use or improvement</p> Signup and view all the answers

    Under eminent domain, when can a government force the sale of private property?

    <p>For subsequent public use consistent with master plans</p> Signup and view all the answers

    What does Concurrency in planning require developers to do?

    <p>Address foreseen negative impacts during construction period</p> Signup and view all the answers

    When does a land use qualify as non-conforming under current zoning?

    <p>When it is not consistent with the current zoning ordinance</p> Signup and view all the answers

    What does Eminent Domain allow a government entity to do regarding private property?

    <p>Force the sale for public use while regulating owners' use based on master plans</p> Signup and view all the answers

    What does a Condemnation decree under eminent domain signify?

    <p>The property is no longer fit for use and must be demolished</p> Signup and view all the answers

    What is the purpose of eminent domain in relation to individual property owners?

    <p>To regulate how they can use their properties while fitting into municipal master plans</p> Signup and view all the answers

    In urban planning, what role does a Deed Restriction play?

    <p>Limits or places rules on how deeded property may be used or improved</p> Signup and view all the answers

    What is the main purpose of a zoning ordinance?

    <p>To establish land use regulations in a municipality</p> Signup and view all the answers

    Which category of zoning focuses on regulating manufacturing, distribution, and storage facilities?

    <p>Industrial zoning</p> Signup and view all the answers

    What is the role of a Zoning Board of Adjustment?

    <p>Overseeing rule administration and appeals</p> Signup and view all the answers

    What does a Declaration Restriction aim to achieve?

    <p>Optimize and preserve the value of the property</p> Signup and view all the answers

    What does a variance in land use planning typically involve?

    <p>Being authorized despite non-compliance with current zoning</p> Signup and view all the answers

    What is the concept of Eminent Domain primarily aimed at achieving?

    <p>Acquiring real property for public use and good</p> Signup and view all the answers

    How does a Special Exception differ from a Variance in land use planning?

    <p>Special Exceptions are always granted based on hardship, while Variances are not.</p> Signup and view all the answers

    What does Eminent Domain allow a government entity to do?

    <p>Acquire privately owned real property for public use in exchange for just compensation.</p> Signup and view all the answers

    What is one of the aims of Land Use Planning mentioned in the text?

    <p>Safeguard public health, safety, and welfare.</p> Signup and view all the answers

    What do Deed Restrictions impose on a property owner?

    <p>Requirements for minimum residential area</p> Signup and view all the answers

    What is the main purpose of the Zoning Board of Adjustment?

    <p>To supervise appeals of zoning regulations</p> Signup and view all the answers

    What is the significance of a variance in land use planning?

    <p>It allows for exceptions based on public interest</p> Signup and view all the answers

    Which legislation primarily regulates lead-based paint in residences?

    <p>Residential Lead-based Paint Hazard Reduction Act</p> Signup and view all the answers

    In real estate, what makes a nonconforming use legal?

    <p>Pre-existence prior to zone creation</p> Signup and view all the answers

    What is the primary role of CCRs (Covenants, Conditions, and Restrictions) within a development context?

    <p>To determine rules and regulations for development</p> Signup and view all the answers

    What is the key focus of Environmental Laws like the Clean Water Act?

    <p>Protection of wetlands and navigable waters</p> Signup and view all the answers

    What is the main purpose of a Special Exception in land use planning?

    <p>To allow specific uses not typically allowed in a zone</p> Signup and view all the answers

    What does the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) mainly regulate?

    <p>Hazardous waste disposal</p> Signup and view all the answers

    When can a nonconforming use be considered legal in terms of zoning ordinances?

    <p>If it existed before the zone was created</p> Signup and view all the answers

    Study Notes

    Land Use Regulation

    • Land use regulation aims to preserve property values, promote highest and best use, safeguard public health, safety, and welfare, control growth, and incorporate community consensus.
    • The process involves developing a plan, creating administration, and authorizing controls.
    • Master plans are long-term growth and usage strategies, often required by state law, and fuse municipal goals and needs with state and regional laws.

    Zoning

    • Zoning is the "police power" bestowed by state-level enabling acts and establishes zones, imposes usage restrictions, regulations, and requirements.
    • Categories of zoning include:
      • Residential: regulates density or number of dwellings in a specific area.
      • Commercial: governs intensity or how much commercial activity is allowed in relation to the size of the site.
      • Industrial: zoning for manufacturing, distribution, and storage facilities.
      • Agricultural: zoning for farming and related activities.
      • Public: zoning for public facilities such as schools, parks, and government buildings.
      • PUD (Planned Unit Development): zoning for mixed-use developments.

    Zoning Administration

    • Zoning Board of Adjustment oversees rule administration and appeals.
    • Zoning appeals include:
      • Nonconforming use: legal if existed before zone creation; illegal otherwise.
      • Variance: exception granted based on hardship.
      • Special exception: granted based on public interest.
      • Amendment: change of zones; rezoning.

    Eminent Domain

    • Definition: allows government entities to purchase a fee or easement interest in privately owned real property for public use and good in exchange for "just compensation."

    Subdivision Regulations

    • Plat of subdivision and all relevant requirements must be met and approved, including meeting FHA requirements for insured financing.
    • Considerations include:
      • Location
      • Grading
      • Alignment
      • Surfacing
      • Street width and highways
      • Sewers and water mains
      • Lot and block dimensions
      • Building and setback lines
      • Public use dedications
      • Utility easements
      • Ground percolation

    Deed Restrictions and HOA Regulations

    • Declaration restriction is attached to the property and cannot be extinguished by agreement or quit claim deed.
    • Purpose is to optimize and preserve the value of the property.
    • Can be enforced through an injunction.
    • Deed condition is similar in nature to a deed restriction.

    Environmental Regulations

    • Flood prevention; proper disposal of solid waste; air, water, and marine quality control; noise reduction measures; toxic substance management; lead paint restrictions; compliance with CERCLA and Superfund guidelines.

    History of Environmental Laws

    • Solid Waste Disposal Act (1965, 1976, 1999, 2002)
    • Air Quality Act, Clean Air Act (1967, 1970)
    • National Environmental Policy Act (NEPA) (1969, 1970)
    • Flood Control Act (1969)
    • Resource Recovery Act (1970)
    • Water Quality Improvement Act (1970)
    • Water Pollution Control Act amendment (1972)
    • Clean Water Act (1972, 1977)
    • Lead-based paint ban (1978)
    • PCB ban (1979)
    • RCRA amendment (1984)
    • Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) (1980)
    • Superfund Amendment and Reauthorization Act (1986)
    • Asbestos ban (1989)
    • Residential Lead-based Paint Hazard Reduction Act (1992, 1996)
    • Flood Insurance Reform Act (1994)
    • Brownfields legislation (2002)

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