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NY Real Estate > Land Use Regulations > Flashcards

Land Use Regulations Flashcards

1
Q

As-of-right Development

A

An as-of-right development complies with all applicable zoning regulations and does not require any discretionary action by the City Planning Commission or Board of Standards and Appeals. Most developments and enlargements in the city are as-of-right

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2
Q

Doctrine of Laches

A

Failure to do something at the proper time, especially such delays as will bar a party from bringing a legal proceeding.
“Use it or lose it” - regarding easement or deed restrictions

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3
Q

Private land use controls - deed restriction covenants

A

The private sector can create encumbrances, such as liens or easements

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4
Q

SEQR (1975)

A

Requires environmental review of any project that needs government review. Environmental impact statement has to be prepared. (also social impacts)

Led by lead agency = The governmental agency that oversees the environmental impact process and makes final decisions

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5
Q

Interstate Land Sales Full Disclosure Act

A

This is an act passed to facilitate regulation of interstate land sales, to protect consumers form fraud and abuse in the sale or lease of land
-ex: regulates if selling vacant lots in one state to another

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6
Q

Police Power

A

The right of any political body to enact laws and enforce them, for the order, safety, health, morals and general welfare of the public.

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7
Q

Building Permit

A

Written governmental permission for the construction, renovation or substantial repair of a building.
-submit construction drawings showing plumbing, electrical systems, ground etc.

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8
Q

Certificate of Occupancy (CO)

A

A document issued by a governmental authority that a building is ready and fit for occupancy.
-You built it how you said you would

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9
Q

Eminent Domain

A

A right of the government to acquire property for necessary public use by condemnation; the owner must be fairly compensated.
-What constitutes public use?

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10
Q

Condemnation

A

Taking private property for public use, with fair compensation to the owner; exercising the right of eminent domain.

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11
Q

Article 9-A

A

Sell or purchase in 2 different states. NY law

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12
Q

Taxation

A

potential limitation on property use…

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13
Q

Abutting

A

Parcels of land next to each other that share a common border. (clustering)

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14
Q

Accessory Uses

A

The use of land that is subordinate, incidental to, and customarily found in connection with the principal use allowed on a lot by the zoning law.
ex: A garage is incidental to the principal use of a lot as a single-family residence and customarily found on a single-family parcel.

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15
Q

Accessory Apartment Uses

A

A second residential unit that may be contained within an existing single-family home, garage, or carriage house. An accessory apartment is usually required to be a complete housekeeping unit that can function independently with separate access, kitchen, bedroom, and sanitary facilities.
-When a single family home contains a second residential unit, located above a garage, the additional unit is an Accessory Apartment use

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16
Q

Family

A

A group consisting of parents and children living together in a household
-students that live together can be considered a family unit

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17
Q

Group Home

A

A home where a small number of unrelated people in need of care, support, or supervision can live together, such as those who are elderly or mentally ill. (not residential and not as-of-right use)

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18
Q

Zoning

A

Villages, towns and cities each make their own zoning code

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19
Q

Zoning Classifications

A

Residential
-(accessory uses, apartment, accessory, home occupation, group home)
Commercial
Industrial (set away from residential districts)

Vacant
Agricultural
Public Open Space (park, woods, plaza)
Park Lands
Recreational (biking, fishing)
Institutional
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20
Q

Incentive Zoning

A

ex “if you put a public playground on the corner of your property, you can build an extra 5 stories” from the municipality

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21
Q

Open Meetings Law (Sunshine Law)

A

where the decisions on zoning is made, opening up the process

22
Q

Demography

A

The statistical study of human populations (planning board looks at this information)
-A city or town master plan is based on this

23
Q

Master Plan

A

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.
-AKA: Comprehensive PLan

24
Q

Moratorium

A

A temporary prohibition of an activity

ex. no development in this district for 6 month because of master plan

25
Q

Subdivision Regulations

A

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.
-divide it into smaller lots and each with a home on it. Need roads, electrical lines, water main, sanitary waste

26
Q

Topography

A

The arrangement of the natural and artificial physical features of an area

27
Q

Planning Board (actual request to build something)

A

-Town Council (Town Board) - legislative body
-Master of Comprehensive Plan, Official Map etc.
(Master plan/zoning ordinances, subdivisions, development costs, zoning actions, capital budgeting, other planning related actions)

28
Q

Zoning Board of Appeals

A

(Someone can take something here after the Planning Board if they want a second go)

  • Administrative and quasi-judicial, not policy making
  • local administrative appeal mechanisms
  • Interpreter of Ordinance
29
Q

Site Plan

A

Architectural plan, landscape, architecture document, and a detailed engineering drawing of proposed improvements to a given lot

  • has to show all dimensions and limitations of property
  • look at topography
30
Q

Varience

A

The authorization to improve or develop a particular property in a manner not authorized by zoning
-permit you to go forward

31
Q

Area Varience

A

Permission to modify or exceed the bulk regulations imposed by local zoning ordinances

  1. Undesirable change or detriment to nearby properties if granted
  2. If benefit sought can be achieved by other feasible means
  3. requested if variance is substantial
  4. If it would have an adverse effect or impact physical or environmental
32
Q

Use Varience

A

Permission to use or develop land other than that permitted by local zoning ordinances

  1. Applicant is deprived of all economic use or benefit hardship is unique
  2. Not universal to area or neighborhood
  3. Variance will not change essential character of neighborhood
  4. Alleged hardship is not self-created
33
Q

Article 78 Proceeding

A

Refers to an article of the Civil Practice Law and Rules that allows aggrieved persons to bring an action against a government body or officer

  • no trial, no witnesses, no discovery exchanging documents.
  • Whatever statements have been made, that’s it.
  • Make legal argument whether or not the facts are sufficient enough to uphold the judgement
  • fairly quick (4-6 months)
34
Q

Building Code

A

Regulations established by state or local governments stating fully the structural and egress requirements for buildings

35
Q

Census Tract

A

Small, relatively permanent statistical subdivisions of a country or equivalent entity that are updated by local participants prior to each decennial census. The primary purpose of the census tracts is to provide a stable set of geographic units for the presentation of statistical data.

36
Q

Deed Restriction

A

A imposed restriction in a deed for the purpose of limiting the use of the land such as:

1) A restriction against the sale of liquor thereon.
2) A restriction as to the size, type, value or placement of improvements that may be erected thereon.

  • A seller may limit or restrict certain uses of their property by utilizing deed restrictions
  • Homeowners can use deed restrictions to limit or restrict certain uses on their land
  • Agreement to put in the deed or right to get someone else’s property
37
Q

Escheat

A

The reversion to the State of property in event the owner thereof abandons it or dies, without leaving a will and has no distributees to whom the property may pass by lawful descent.
-a way the gov’t can get your property

38
Q

Home Occupations

A

A business conducted in a residential dwelling unit that is incidental and subordinate to the primary residential use.
-some will allow this with a special permit

39
Q

Infrastructure

A

Basic physical and organizational structures needed for the operation of a society or city.

40
Q

Lead Agency

A

The governmental agency that oversees the environmental impact process and makes final decisions.

41
Q

New York State Office of Park, Recreation and Historic Preservation (OPRHP)

A

Oversees public recreational areas and administrates federal and state preservation programs authorized by federal and state law.

42
Q

Non-conforming Use

A

Utilization of a use that doesn’t comply with local zoning for a particular parcel

43
Q

Right-of-way

A

The right to pass over another’s land pursuant to an easement or license.

44
Q

Setbacks

A

The distance from the curb or other established line, within which no buildings may be erected. (empty space)

45
Q

Spot Zoning

A

The application of zoning to a specific parcel of land within a larger zoned area when the rezoning is usually at odds with a city’s master plan and current zoning restrictions.
-doesn’t fit into the master plan if someone wants to build a home in the middle of commercial stuff. Not being treated the same as other property owners who have the same stuff

46
Q

Taking

A

The act of a government body obtaining a property under its power of eminent domain.

47
Q

Transfer of Development Right

A

The purchase and use of air rights from adjoining or nearby properties

48
Q

Zoning Ordinance

A

Act of city or county or other authorities specifying type and use to which property may be put in specific areas
-Regulations by a city or town specifying the type and use to which property may be put in specific areas

49
Q

Interstate Land Sales Full Disclosure Act

A

If an owner is selling more than 100 vacant lots of land to out-of-state investors, he/she will be regulated by this Act

50
Q

Town Council

A

often serves as legislative body

NY Real Estate (21 decks)

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