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LARE Section 1 > LARE Section 1 > Flashcards

LARE Section 1 Flashcards

1
Q

Easement

A

a right to cross or otherwise use someone else’s land for a specified purpose.

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2
Q

Land Use Plan

A

Land-use planning is the process of regulating the use of land in an effort to promote more desirable social and environmental outcomes as well as a more efficient use of resources. In doing so, the governmental unit can plan for the needs of the community while safeguarding natural resources.

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3
Q

Land Use Types

A

seven types: residential area, institutional area, industrial area, road greenbelt, roadside, park, and forest.

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4
Q

Zoning

A

Zoning refers to municipal or local laws or regulations that dictate how real property can and cannot be used in certain geographic areas.

Zoning laws are almost always enacted and enforced by local, and not statewide or nationwide, authorities. City governments, town governments, village governments and the like are merely functions of the state government. They derive all of their authority from the states in which they reside.

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5
Q

Public Right of Way

A

As a general rule, a city or county right-of-way is an easement for public travel. The right-of-way easement generally extends beyond the improved roadway and includes sidewalks, if any, and parking strips (the area between the sidewalk and the paved street or road).

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6
Q

Lien

A

a right to keep possession of property belonging to another person until a debt owed by that person is discharged

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7
Q

Restrictive Covenant

A

a covenant imposing a restriction on the use of land so that the value and enjoyment of adjoining land will be preserved.

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8
Q

CLARB

A

The Council of Landscape Architectural Registration Boards (CLARB) works to protect the public’s health, safety and welfare by establishing and promoting professional licensure standards. United States and Canada.

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9
Q

Reciprocity

A

Interstate Licensure Reciprocity

In some instances, reciprocity agreements are in place to make it easier for someone who already holds a license in one state to obtain a license in another state. However, the degree to which such reciprocity exists can vary widely depending on the profession and the states involved.

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10
Q

ASLA

A

The American Society of Landscape Architects is a professional association for landscape architects in the United States. The ASLA’s mission is to advance landscape architecture through advocacy, communication, education, and fellowship.

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11
Q

deed of trust or trust deed

A

legal instrument which is used to create a security interest in real property wherein legal title in real property is transferred to a trustee, which holds it as security for a loan between a borrower and lender.

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12
Q

quitclaim deed

A

a legal instrument that is used to transfer interest in real property. The entity transferring its interest is called the grantor, and when the quitclaim deed is properly completed and executed, it transfers any interest the grantor has in the property to a recipient, called the grantee.

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13
Q

conveyance survey/conveyancing

A

What is a conveyance survey?

You might hear the word “conveyancing” being used when buying a house. It’s just a fancy word for the legal transfer of property from one person to the next. Typically, conveyancing involves: Acting as an intermediary between you, the mortgage lender and the seller. Looking over any contracts that pass between you.

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14
Q

survey of record

A

Record of survey - monumentation

Monuments set shall be sufficient in number and durability and efficiently placed so as not to be readily
disturbed, to assure, together with monuments already existing, the perpetuation or facile reestablishment of any point or line of the survey.

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15
Q

Sunset Law Review

A

Periodic reviews of state agencies that exercise the state’s regulatory authority over occupations. Agencies are terminated by specific dates unless their life is extended by legislative action

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16
Q

Practice Acts

A

Prohibits an unqualified individual from calling themselves an LA and from practicing the profession

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17
Q

Title Acts

A

No unqualified individual may call themselves a LA

And individual may still preform the work of a landscape architect but not identify themselves as a landscape architect

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18
Q

coastal zone management

A

State level function

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19
Q

National Pollutant Discharge Elimination Act of 1972

Clean Water Act

A

“Clean Water Act” became the Act’s common name with amendments in 1972. The CWA made it unlawful to discharge any pollutant from a point source into navigable waters, unless a permit was obtained:

EPA’s National Pollutant Discharge Elimination System (NPDES) permit program controls discharges. Deals

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20
Q

Safe Drinking Water Act of 1974

A

protect public health by regulating the nation’s public drinking water supply. Standards for drinking water to protect against both naturally-occurring and man-made contaminants that may be found in drinking water.

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21
Q

Marine Protection, Research & Sanctuaries Act of 1972

Ocean Dumping Act

A

one of several key environmental laws passed by the US Congress in 1972. The Act has two essential aims: to regulate intentional ocean disposal of materials, and to authorize any related research.

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22
Q

Federal Water Pollution Act of 1972

A

As amended in 1972, the law became commonly known as the Clean Water Act (CWA). The 1972 amendments: Established the basic structure for regulating pollutant discharges into the waters of the United States. Gave EPA the authority to implement pollution control programs such as setting wastewater standards for industry.

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23
Q

Resource Conservation & Recovery Act

A

federal law in the United States governing the disposal of solid waste and hazardous waste.

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24
Q

floor area ratio

A

Floor area ratio (FAR) is the measurement of a building’s floor area in relation to the size of the lot/parcel that the building is located on. FAR is expressed as a decimal number, and is derived by dividing the total area of the building by the total area of the parcel (building area ÷ lot area).

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25
growth management
a set of techniques used by the government to ensure that as the population grows that there are services available to meet their demands. Growth management means specific regulatory policies aimed at influencing how growth occurs, mainly within a locality. These affect density, availability of land, mixtures of uses, and timing of development. This is done at the state level usually, which follows national rules, locally regulated.
26
area of state critical concern
environmental regulations at the state or local level that focus on a particular unique region or location
27
codes, covenants & restrictions
Covenants, Conditions & Restrictions, commonly called CC&Rs, are a set of rules established by a developer or homeowners association that govern residences in a particular neighborhood or condominium. CC&Rs may put restrictions on parking, paint colors, noise-levels and pets, for example.
28
native growth protection easement
An easement granted for the protection of native vegetation within a sensitive area or its associated buffer. The easement should be recorded on the appropriate documents of title and filed with the county records division.
29
buffer zone
A buffer zone is a neutral zonal area that lies between two or more bodies of land Common types are certain restrictive easement zones and green belts. Can protect the environment, shield residential and commercial zones from industrial accidents or natural disasters
30
setback
the distance by which a building or part of a building is set back from the property line.
31
private access easement
Private access easement means any private easement for the purpose of ingress and egress that is not dedicated to the public and that is owned by the underlying owners of land over which it crosses.
32
right of way
the legal right, established by usage or grant, to pass along a specific route through grounds or property belonging to another
33
record and dedicate of property
recorded land use is with the county clerks office, any changes made must be recorded.
34
Wetland Regulation
The Army Corp of Engineers & Fish and Wildlife Service; both are large US Agencies having programs, publishing's and regulations dedicated to wetlands.
35
Administrative Agency Action
scenario where two state govern over LA complaints have been filed against, one practice act state, one title act,
36
Administrative practice
professional assistance needed to respond to state board that has taken action to refuse renewal of an LAs license
37
Malfeasance
an erroneous professional action taken by a public official
38
clustering
and development design tool that provides a means of both preserving open space and allowing development to be directed away from natural and agricultural resources considered important for protection by the municipality.
39
transfer of development rights
Transfer of Development Rights is a zoning technique that conserves land by redirecting development that would otherwise occur on the land (the sending area) to a receiving area suitable for denser development. The technique operates so that owners in the sending area can be compensated for their redirected development rights.
40
capital improvement
A capital improvement is any addition or alteration to real property that meets all three of the following conditions: It substantially adds to the value of the real property, or appreciably prolongs the useful life of the real property. It becomes part of the real property or is permanently affixed to the real property so that removal would cause material damage to the property or article itself. It is intended to become a permanent installation.
41
breach of ethics
inflating cost estimates of bid documents when the firms fee is based on a percentage of construction cost
42
subdivision regulations
controls the division of land and the land use intensity of development
43
lot coverage limits
control the size of pavement or building coverage in relation to total size; the intensity of land use
44
variance
used to formally acknowledge and address lot size or shape variation in relation to similarly designated lots;
45
arterial
street classification to carry the most number of vehicles
46
collector
streets having smaller traffic patterns than arterial streets
47
boulevard
usually a street with landscape in the middle and at the edges
48
local
lower volume level street
49
master plan
critical first step in any design process. It is the creation of a framework in which the whole project proceeds. The process involves examining the design and style of the entire site, surrounding infrastructure, local government requirements, and so on. It should also include determining the purpose and goals of the project.
50
negligence
failure to take proper care in doing something. failure to use reasonable care, resulting in damage or injury to another.
51
statute of limitations
a law that sets the maximum time the parties involved have to initiate legal proceedings from the date of an alleged offense, whether civil or criminal.
52
misfeasance
a transgression, especially the wrongful exercise of lawful authority.
53
LLC
a business structure in the United States whereby the owners are not personally liable for the company's debts or liabilities. Limited liability companies are hybrid entities that combine the characteristics of a corporation with those of a partnership or sole proprietorship.
54
partnership
a formal arrangement by two or more parties to manage and operate a business and share its profits. In particular, in a partnership business, all partners share liabilities and profits equally, while in others, partners have limited liability.
55
sole proprietorship
a type of enterprise that is owned and run by one person and in which there is no legal distinction between the owner and the business entity.
56
abatement
Abatement is the removal of a contaminant from a site or encapsulating it in a way that it no longer poses a risk. The term abatement is also used in law to mean the removal or control of an annoyance.
57
addendum
An addendum or appendix, in general, is an addition required to be made to a document by its author subsequent to its printing or publication.
58
arbitration
Arbitration, a form of alternative dispute resolution, is a way to resolve disputes outside the courts. The dispute will be decided by one or more persons, which renders the 'arbitration award'. An arbitration award is legally binding on both sides and enforceable in the courts
59
financial guarantee
A financial guarantee is a contract by a third party (guarantor) to back the debt of a second party (the creditor) for its payments to the ultimate debtholder (investor).
60
cost plus fixed fee
A cost-plus-fixed-fee contract is a cost-reimbursement contract that provides for payment to the contractor of a negotiated fee that is fixed at the inception of the contract. The fixed fee does not vary with actual cost, but may be adjusted as a result of changes in the work to be performed under the contract.
61
cost plus fixed fee
A cost-plus-fixed-fee contract is a cost-reimbursement contract that provides for payment to the contractor of a negotiated fee that is fixed at the inception of the contract. The fixed fee does not vary with actual cost, but may be adjusted as a result of changes in the work to be performed under the contract.
62
sight line trianlge
A triangle at an intersection, formed by the two roads or rights-of-way and a third line, which must be kept clear of obstructions such as hedges so that people in one road can see cars approaching on the other.
63
surety bond
A surety bond is a promise to be liable for the debt, default, or failure of another. It is a three-party contract by which one party (the surety) guarantees the performance or obligations of a second party (the principal) to a third party (the obligee).
64
LEED
Leadership in Energy and Environmental Design certification program
65
Department of Interior
Employees the most amount of LAs on a federal level
66
summary judgement
In law, a summary judgment is a judgment entered by a court for one party and against another party summarily, i.e., without a full trial. Such a judgment may be issued on the merits of an entire case, or on discrete issues in that case.
67
deposition
involves the taking of sworn, out-of-court oral testimony of a witness that may be reduced to a written transcript for later use in court or for discovery purposes.
68
deposition
involves the taking of sworn, out-of-court oral testimony of a witness that may be reduced to a written transcript for later use in court or for discovery purposes.
69
affidavit
a written statement confirmed by oath or affirmation, for use as evidence in court
70
filling a petition with city clerk
the first action to start a claim in court
71
the term "short list" refers to a
document, used in the selection decision process to award a contract to a consultant or contractor, that prequalifies a small number of firms with proven capabilities to execute a project
72
request for proposals
A request for proposal is a document that solicits proposal, often made through a bidding process, by an agency or company interested in procurement of a commodity, service, or valuable asset, to potential suppliers to submit business proposals.
73
request for information
A request for information is a common business process whose purpose is to collect written information about the capabilities of various suppliers. Normally it follows a format that can be used for comparative purposes. An RFI is primarily used to gather information to help make a decision on what steps to take next.
74
request for qualifications
A request for qualifications is a step sometimes used in the formal process of procuring a product or service, for example by a government agency. It is typically used as a screening step to establish a pool of vendors that are then qualified, and thus eligible to submit responses to a request for proposals.
75
the term "short list" refers to a
document, used in the selection decision process to award a contract to a consultant or contractor, that prequalifies a small number of firms with proven capabilities to execute a project a method of pre qualifying a small number of firms with proven capabilities to execute a project
76
A landscape architect faces the most common type of construction litigation from what category of claims?
miscommunication among the consultant, owner and contractor
77
What does project documentation move improve?
consultant, owner and contractor relations
78
In the financial community, what term describes a release of a surety bond for a performance bond?
exoneration
79
In the financial community, what term describes a release of a surety bond for a performance bond?
exoneration
80
bidder's instructions include
time and place to submit the bid
81
supplementary conditions
adjustments to the general conditions
82
supplementary conditions
adjustments to the general conditions
83
what group files the most construction-related lawsuits against design professionals including landscape architects?
clients
84
intellectual property
legal claim that a landscape architect might encounter in private practice claims infringement upon the ownership of creative rights to a design or to data
85
intellectual property
legal claim that a landscape architect might encounter in private practice claims infringement upon the ownership of creative rights to a design or to data
86
indemnification
a contractual obligation of one party to compensate the loss incurred to the other party due to the acts of the indemnitor or any other party.
87
mechanics lien
a security interest in the title to property for the benefit of those who have supplied labor or materials that improve the property. The lien exists for both real property and personal property.
88
notice of lis pendens
a written notice that a lawsuit has been filed concerning real estate, involving either the title to the property or a claimed ownership interest in it. The notice is usually filed in the county land records office.
89
CPSC
Consumer Product Safety Commission is an independent agency of the United States government. The CPSC seeks to promote the safety of consumer products by addressing “unreasonable risks” of injury; developing uniform safety standards; and conducting research into product-related illness and injury.
90
Moonlighting is work outside of regular employment. What consequences can result from participation in moonlighting?
risk exposure for the employee
91
in the event of conflicting information, what is the correct relationship between drawings and specifications.
specification prevail over drawings
92
American Nursery & Landscape Association
association's objectives: to promote the interests of its members in cultivating “personal acquaintance with others engaged in the trade,” the exhibition of plants and equipment “used in the business,” the exchange and sale of stock.
93
Council of Tree & Landscape Appraisers | tree evaluation method
The Guide for Plant Appraisal
94
International Society of Arboriculture
The International Society of Arboriculture (ISA) serves the tree care industry as a membership association and a credentialing organization that promotes the professional practice of arboriculture. ISA focuses on research, technology, and education to advance best tree care practices and deliver educational publications, services, events, and credentials that provide opportunities for tree care professionals to develop their knowledge, skills, and arboricultural expertise. ISA also works to educate the public about the benefits of trees and the need for proper tree care
95
American Society for Testing & Materials
an international standards organization that develops and publishes voluntary consensus technical standards for a wide range of materials, products, systems, and services.
96
Under which type of legal business format could a landscape architect offer both design and construction?
design/build firm
97
change order
also called variations or variation orders. Any modification or change to works agreed in the contract is treated as a variation. These modifications can be divided into three main categories Addition to the work agreed in the contract. Omission to work agreed in the contract. Substitution or alteration to work agreed in the contract.
98
modifications to contracts
Changes to a preexisting contract are called contract modifications. If the parties agree to modify the contract, the modification will be enforceable in a court of law. A contract modification may be either written or oral, with some exceptions.
99
furniture, fixtures and equipment
In most cases, the General Contractor is NOT required to provide any FFE as part of their contract. The FFE package is typically provided by the tenant and is specific to their business operations.
100
shop drawings
a drawing or set of drawings produced by the contractor, supplier, manufacturer, subcontractor, consultants, or fabricator. Shop drawings are typically required for prefabricated components.
101
In the general conditions and technical specifications of a contract, the need to purchase specialized items that cannot be specified in the bid phase can be addressed by
a force account AND cash allowance
102
A landscape architect adapts an off the shelf software programs and sells the revised software as a separate product, without disclosing the adaption to the original software manufacturer. Such action is
not legal under copyright laws, and subject to prosecution by the Software Publishers Association and/or software manufacturer.
103
general contractors insurances usually covers
commercial general liability, errors and omissions insurance, industrial insurance
104
included in contract general conditions
incentives clause, liquidated damages clause

LARE Section 1 (2 decks)

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