Land Use Controls Flashcards
There are four basic types of public land-use controls. And luckily for us, they spell out the name PETE:
P is for police power.
E is for eminent domain.
T is for taxation.
E is for escheat.
Police power is…
The government’s right to regulate and restrict land use to protect the public
Zoning ordinances are…
Local laws control how land is used and what structures can be built in a designated district.
Zoning ordinances are laws passed at what level?
local
Certificate of occupancy or an occupancy permit, which is…
Certifies that it is ready and fit for inhabitants.
Building codes are a must for buying a…
property
In North Carolina, the maximum occupancy permitted when evaluating a septic system is…
Two persons per bedroom.
It is a material fact if…
An unimproved property will not support a septic system or have straight piping. This will need to be disclosed to a potential buyer.
The following two types of parcels of land are not considered subdivisions.
- Land division with parcels over 10 acres and no street dedication.
- Subdivision of up to 2 acres into three lots, owned by one entity, without street dedication.
Before offering lots in a subdivision for sale, a subdivider must: (2)
File a plat map with the municipality (a plat map shows how the tract of land will be subdivided).
Get all necessary regulatory approvals, including a review by the planning commission.
Land Development Process Simplified:
(5)
Initial Planning: Before buying land, a developer surveys and creates a plan for the community, including roads and amenities.
City Review: The city checks if the plan follows city rules and regulations. If changes are needed, the developer can adjust the plan.
Final Planning: All details are finalized after approval, and the plan is sent to the right authority (like the city council) for final approval.
Property Purchase: With final approval, the developer can buy the land. Infrastructure like roads and utilities are set up.
Construction: Actual building starts. Lots are ready for sale, and homes can be built.
Important Note for Selling Lots: (5)
No recorded plat until final approval.
Preliminary approval allows selling/leasing lots.
Contracts must inform buyers about potential changes.
Buyers can terminate if the final plat differs significantly.
Selling unapproved lots can result in legal consequences.
a certificate of compliance is for ______, while a certificate of occupancy is for _______
renovations, buildings
plot vs. subdivision
A plot is a smaller piece of land where you can build things.
Subdivision is the process of cutting a big piece of land into smaller plots for building different things.
What are these? municipal systems, community systems, and onsite systems.
Muni = “catch-all” for infrastructure governed by local law. Water sewerage, waste management, roads, etc. etc.
Comm = Community systems are facilities and services that serve a specific neighborhood or community within a larger area. They can include things like local parks, community centers, playgrounds, and schools.
Onsite = Onsite systems, also known as decentralized systems, are infrastructure solutions that are used on an individual property basis. These systems are often used in areas where connecting to larger municipal systems is not practical. For example, a house located in a remote area might use an onsite septic system for waste disposal instead of being connected to a city’s sewage system. Similarly, some rural homes might have their wells for water supply instead of relying on a centralized water system.
A soil suitability test (also called a “perc” test) is…
A test to determine whether a property will support a septic system. Buyer’s agents should advise the potential buyer to have a soil suitability test performed if an onsite septic system is used.
Straight piping is when…
The wastewater goes into a river or some other body of water. This is illegal.
Subdivision regulations vs. zoning
Zoning is like giving different parts of town specific jobs, so houses stay with houses and parks stay with parks.
Subdivision regulations are rules for cutting and using pieces of land, just like cutting a cake into fair slices.
final approval vs. preliminary approval for selling undeveloped lots
Final Approval: Big groups need to say “yes” before you sell the land.
Preliminary Approval: You can almost start selling, but you must follow the rules and tell people the real picture isn’t ready yet. If things change a lot, they can change their minds. If you sell without permission, you’re in trouble.
If you’re buying land and the real map (picture) is different from the first map they showed you, you can say “I don’t want it” within ____days. They have to give your money back if you change your mind.
15
If the final map is almost the same as the first one, you don’t have to finish buying the land until ______ days after they give you the real map.
5
Do not assume that public designation equates to governmental acceptance of maintenance and repair responsibilities when it comes to…This is a _____you need to disclose to buyers.
streets
material fact
what is the ILSFDA and what does it stand for?
Let’s talk about an important law that helps keep people safe when they’re buying land in different states. It’s called the “Interstate Land Sales Full Disclosure Act” or ILSFDA for short. This law was made in 1968 by the U.S. Congress to make sure people don’t get tricked or lied to by developers who are selling lots of land in different states.
The law is like a shield that protects buyers. It says that if a developer wants to sell or lease 100 or more pieces of land across states, they have to give detailed information about the land. This information is like a report card for the land. They have to share this report with the Consumer Financial Protection Bureau (CFPB) since 2011.
According to ILSFDA, sellers are required to give a ______ to prospective buyers.
property report
Any contract to purchase a lot covered by ILSFDA may be revoked at the purchaser’s option by?
before midnight on the 7th day following the signing of the contract
What can happen to a seller involved in fraud when the ILSFDA is involved?
lawsuits, fines, and jail baby
What’s a three-year statute time limit?
If they trick people and it’s found out later, there’s a rule that says they can still get in trouble up to three years after the trick was found out. This law ensures that people who don’t play fair when selling land can’t escape the consequences.
What are the exceptions to the ILSFDA Act? (2 mainly, then, etc.)
The Act has myriad exemptions, including the sale of lots in a subdivision containing fewer than 25 lots. The law also does not apply to subdivisions sold solely to developers. You can find the many exemptions to the Interstate Land Sales Full Disclosure Act, which can be found in §1702, Chapter 42, Title 15 of the U.S. Code.
The concept of application of rules states…
This idea says that when there is a difference between a government restriction and a private restriction, the strictest restriction will be applied.
Condemnation suit is…
To eminent domain a property, the government sues the owner. This is a last resort weapon.
Disclose, Disclose, Disclose! What…
All material facts, including development future plans, will affect the property’s value. Failure to do so will result in disciplinary action.
If a government entity happens to take away that road access, the owner
Must be compensated under eminent domain.
Inverse condemnation…
It is when the government appropriates private property without compensating the property owner.
Building safety inspectors (sometimes just called building inspectors) can do…
Regular checks on buildings to ensure they are compliant with building, fire, and safety codes.
If a building is found to be in violation…
The owner can face fines or even civil or criminal charges.
Flood zones are…
Geographic areas with a certain level of flood risk are issued by the Federal Emergency Management Agency. Rather than simply designating an area as a flood zone or not a flood zone, there are varying degrees of risk. A flood zone can be low-risk, moderate-risk, or high-risk.
Wetlands are…
land areas where groundwater is at or near the surface of the ground. Wetlands are very susceptible to flooding and are subject to many federal, state, and local controls.
Development in ______ in North Carolina requires a permit from either the U.S. Army Corps of Engineers or the N.C. Division of Coastal Management.
wetlands
when deciding whether something is a zoning ordinance, building code, or deed restriction focus on whether it is addressing the ____ of the property, the ____ of the property, or the _____ of the property
location
building
specific lot
creates different districts with different uses
zoning
dictates acceptable uses for parcels of land
zoning
deals with safety instead of urban planning
building code
includes designated flood zones and wetlands
regulations of special land
can require the creator to provide certain public utilities and right-of-ways, roads, and other infrastructure items
Describes how land can be parceled out, how dense it can be, and other issues
subdivision regulations
Land used for municipal buildings, state legislative houses, schools, military installations, streets and highways, and parks is most likely:
government-owned land
What is considered a material fact and must be disclosed to a potential client by their broker
Any planned construction of new highways, freeways, loop roads, etc., is considered a material fact, as well as onsite septic systems and whether or not a home has an illegal “straight pipe” system. All of these must be communicated by a broker to their potential client.
What is the primary purpose of urban and regional use planning?
Urban and regional land use plans exist to ensure the orderly and systematic development of land use.
What is the purpose of the Interstate Land Sales Full Disclosure Act?
To protect consumers from fraud by developers involved in interstate land sales, the U.S. Congress passed the Interstate Land Sales Full Disclosure Act (sometimes called ILSFDA or ISLA) in 1968. Basically, a consumer protection act, the law requires developers engaged in the interstate sale or leasing of 100 or more lots to file a statement of record and register the subdivision with the Consumer Financial Protection Bureau as of 2011.
