Chapter 2: Modern Real Estate Pracetice in PA
Terms in this set (33)
a state's authority to enact and enforce laws that protect the public health, safety, morals and welfare.
Private Real Estate is regulated through (5)
land-use planning, zoning ordinances, subdivision regulations, building codes and environmental protection legislation.
Comprehensive Plan (Master Plan)
is a long term, perhaps 20 years or longer that includes (1) a general plan that can be updated, (2) plans for specific areas, (3) and strategic plans for Land Use, Housing Needs, Movement of People and Goods, Community Facilities and Utilities and Energy Conservation.
regulate the control and use of land and structures within designated land-use districts, in part by separating conflicting land uses.
confer zoning powers to local municipal governments. States can still regulate land through special legislation like scenic easements, coastal management and environmental laws.
Zoning Affects (7 Things)
(1) Permitted Use of Land, (2) Lot Sizes, (3) types of structures, (4) building heights, (5) setbacks or distance from building to sidewalks and streets, (6) density i.e. ratio of land area to population or structure area (7) protection of natural resources.
Zoning Classifications are
not static but flexible
Planned Unit Development (PUD)
is a development where land is set aside for mixed-use purposes (residential, commercial and public areas)
Zoning Classifications (4)
Residential, commercial, industrial and agricultural.
is typically a strip of land separating land dedicated to one use from land dedicated to another use. e.g. parks and playgrounds are used to screen residential areas from non-residential areas.
to control density and avoid over crowding by imposing restrictions such as setbacks, building heights and percentage of open area or by restricting new construction projects.
to specify certain types of architecture for new buildings
to ensure that certain uses are incorporated into developments, such as requiring the street floor of an office building to house retail establishments.
Validity Test for Zoning ordinances
power be executed in a reasonable manner, provisions be clear and specific, ordinances be nondiscriminatory, ordinances promote public health, safety and welfare, ordinances apply to all property in a similar manner.
is similar to eminent domain from the 5th Amendment. Private property shall not be taken without just compensation.
is an action brought by a property owner seeking just compensation for land taken for a public use where there wasn't a eminent domain hearing. The adjacent land has diminished property owners' value.
are usually required before building permits are issued.
Zoning Hearing Board
hear testimony about the effects of zoning ordinances on specific parcels of property. The appeals board also hear petitions for variances or exceptions to zoning laws.
A pre-existing use of land which does not conform to the zoning ordinance but which may legally remain.
conditional use permit (special use permit)
allow nonconforming but related land uses.
permit prohibited land uses to avoid undue hardship.
Set many requirements for such things as materials and standards of workmanship, sanitary equipment, electrical wiring and fire prevention.
certificate of occupancy
Issued upon the satisfactory inspection of a structure; building is fit for occupancy and there are no building code violations
Number of Municipalities in PA
One who buys undeveloped land, divides it into smaller, usable lots and sells the lots to potential users
Improves the land, constructs homes or other buildings on the lots, and sells them. Generally they sell the lots and dedicate the easements for drainage, utilities, streets, parks and so on.
The giving of land by its owner to a public use and the acceptance for such use by authorized officials on behalf of the public.
A detailed map that illustrates the geographic boundaries of individual lots. It shows the blocks, sections, streets, public easements and monuments in a prospective subdivision.
fees charged to developers to raise funds for expansion of public facilities needed as a result of the new development
Size of An Acre
40,000 Square Feet
restricts the average maximum number of houses per acre that may be built within a particular subdivision.
are limitations to the use of the property imposed by a past owner or current owner and are binding on future grantees.