Unit 2: Land-Use Controls and Property Development

Question 1

A strip of land, usually designated as a park or for a similar use, separating land dedicated to one use from land dedicated to another use (e.g., residential from commercial).

Answer 1

buffer zone

Question 2

Ordinances that specify minimum standards of construction for buildings to protect public safety and health.

Answer 2

building codes

Question 3

Permission by the municipal inspector to occupy a completed building structure after it has been inspected and complies with building codes.

Answer 3

certificate of occupancy

Question 4

A plan to guide the long-term physical development of a particular area.

Answer 4

comprehensive plan

Question 5

Written governmental permission allowing a use inconsistent with zoning but necessary for the common good, such as locating an emergency medical facility in a predominantly residential area.

Answer 5

conditional-use permit

Question 6

Private agreements that affect the land use. They may be enforced by an owner of real estate and included in the seller’s deed to the buyer.

Answer 6

covenants, conditions, and restrictions (CC&Rs)

Question 7

The voluntary transfer of private property by its owner to the public for some public use, such as for streets or schools.

Answer 7

dedication

Question 8

A clause in a deed limiting the future use of the property. Deed restrictions may impose a vast variety of limitations and conditions—for example, they may limit the density of buildings, dictate the types of structures that can be erected, or prevent buildings from being used for specific purposes or even from being used at all.

Answer 8

deed restriction

Question 9

Zoning ordinances that restrict the average maximum number of houses per acre that may be built within a particular area, generally a subdivision.

Answer 9

density zoning

Question 10

One who attempts to put land to its most profitable use through the construction of improvements.

Answer 10

developer

Question 11

State legislation that confers zoning powers on municipal governments.

Answer 11

enabling acts

Question 12

Charges assessed developers by a municipality that relate to expenses incurred by the municipality for additional improvements necessitated by increased development.

Answer 12

impact fees

Question 13

The condition of a property owner who dies without leaving a valid will. Title to the property will pass to the decedent’s heirs as provided in the state law of descent.

Answer 13

Interstate Land Sales Full Disclosure Act

Question 14

An action brought by a property owner seeking just compensation for land taken for public use when the taker of the property does not intend to bring eminent domain proceedings. Property is condemned because its use and value have been diminished due to an adjacent property’s public use.

Answer 14

inverse condemnation

Question 15

A use of property that is permitted to continue after a zoning ordinance prohibiting it has been established for the area.

Answer 15

nonconforming use

Question 16

A planned combination of diverse land uses, such as housing, recreation, and shopping, in one contained development or subdivision.

Answer 16

planned unit development (PUD)

Question 17

A detailed map that illustrates the geographic boundaries of individual lots.

Answer 17

plat

Question 18

The government’s right to impose laws, statutes, and ordinances, including zoning ordinances and building codes, to protect the public health, safety, and welfare.

Answer 18

police power

Question 19

A clause in a deed that limits the way the real estate ownership may be used.

Answer 19

restrictive covenants

Question 20

Permission obtained from zoning authorities to build a structure or conduct a use that is expressly prohibited by the current zoning laws; an exception from the zoning ordinances.

Answer 20

variance

Question 21

An exercise of police power by a municipality to regulate and control the character and use of property.

Answer 21

zoning ordinances

Question 22

Surveys, studies, and analyses of housing, demographic and economic characteristics, and trends are involved in the preparation of a comprehensive plan. TRUE or FALSE

Answer 22

The statement is true. the preparation of a comprehensive plan involves surveys, studies, and analyses of housing, demographic and economic characteristics, and trends. In addition, planning may be coordinated through regional planning commissions comprised of representatives from several counties.

Question 23

The planning commission of a municipality is responsible for enacting the comprehensive plan, zoning, and subdivision ordinances in accordance with procedures in the Pennsylvania Municipalities Planning Code.

Answer 23

The statement is false. The governing body of a municipality is responsible for enacting the comprehensive plan, zoning, and subdivision ordinances in accordance with procedures in the Pennsylvania Municipalities Planning Code. The governing body may appoint a planning commission to be responsible for formulating the recommended plans and ordinances. Public hearings must be held before their enactment by the governing body.

Question 24

The Interstate Land Sales Full Disclosure Act is a federal law that regulates the sale of property in one state to buyers in another state. TRUE or FALSE

Answer 24

The statement is true. The Interstate Land Sales Full Disclosure Act was created to prevent fraudulent market-ing schemes that may arise when land is sold without being seen by the purchasers.

Question 25

Before actual subdividing can begin, the developer must submit a subdivision and land development plan for state approval.

Answer 25

The statement is false. Before actual subdividing can begin, the developer must submit a subdivision and land development plan for municipal approval. Subdivision ordinances generally include procedures for submitting plans, subdivision plats, and surveys.

Question 26

If the construction of a building or an alteration violates a deed restriction, the issuance of a building permit will cure this violation. TRUE or FALSE

Answer 26

The statement is false. If the construction of a building or an alteration violates a deed restriction, the issuance of a building permit will not cure this violation. A building permit is merely evidence of compliance with municipal regulations.

Question 27

The Uniform Planned Community Act in Pennsylvania requires that buyers of condominium units and parcels within planned developments be given copies of pertinent documents to review. TRUE or FALSE

Answer 27

The statement is true. Both the Uniform Condominium Act and the Uniform Planned Community Act in Pennsylvania require that buyers of condominium units and parcels within planned developments be given copies of pertinent documents to review.

Question 28

A provision in a subdivision declaration used as a means of forcing grantees to live up to the terms under which they hold title to the land is a

Answer 28

restrictive covenant. Restrictive covenants are created by subdividers or developers to affect the use of parcels within a particular subdivision. A purchaser of real estate in that subdivision holds title subject to the recorded covenants, conditions, and restrictions.

Question 29

A landowner who wants to use the property in a manner prohibited by a local zoning ordinance can try to obtain which of the following from the municipality?

Answer 29

Variance. A variance provides relief for property owners who can demonstrate that a zoning ordinance deprives them of the reasonable use of the property.

Question 30

Public land-use controls include all of the following EXCEPT

Answer 30

deed restrictions.Deed restrictions are private restrictions created by property owners at the time they convey the ownership.

Question 31

The police power allows regulation of all of the following EXCEPT

Answer 31

building ownership. Police power refers to the inherent authority of the government to adopt regulations necessary to protect the public health, safety, and welfare. The government does not regulate ownership of real estate.

Question 32

The purpose of a building permit is to

Answer 32

provide evidence of compliance with municipal construction regulations.
Building permits allow municipal officials to verify compliance with building codes and other ordinances that apply to construction, renovation, or repair of buildings.

Question 33

A developer may establish which of the following to control and maintain the character and quality of a subdivision?

Answer 33

Restrictive covenants
Developers often use conditions, covenants, and restrictions (CC&Rs) to control and maintain the desirable quality and character of a property or subdivision.

Question 34

A map illustrating the sizes and locations of streets and lots in a subdivision is called a

Answer 34

plat. A subdivision plat, which is essentially a map of the development, indicates the size and location of individual lots and streets. The plat serves as the basis for future conveyances.

Question 35

Soil absorption and drainage are measured by a

Answer 35

percolation test. The purpose of a percolation test is to measure soil absorption or drainage capacity. Percolation tests are often used to determine whether the soil being tested will support a septic system.

Question 36

When a subdivision was developed, a deed restriction covering all the properties in the subdivision set aside the back six feet of each parcel as a combination green belt area and bicycle path. One homeowner plans to convert the back one-half of her yard into an organic garden. What, if anything, can her neighbors do?

Answer 36

Go to court in an attempt to obtain injunctive relief.
Private restrictions can be enforced in court when lot owners apply to the court for an injunction to prevent a neighboring lot owner from violating the recorded restrictions. The court injunction will direct the violator to stop or remove the violation. The court retains the power to punish the violator for failure to obey.