Back to AI Flashcard MakerBusiness Law /Real Estate Notes PSI Exam Prep: Land Use Controls and Regulations Part 2
Real Estate Notes PSI Exam Prep: Land Use Controls and Regulations Part 2
This deck covers key concepts related to land use controls and regulations, including environmental hazards, zoning laws, and liability issues.
a fibrous material that’s dangerous when it begins to deteriorate and becomes friable (easily crumbled or reduced to dust), was used in many materials before the 1970s because of its fire-retardant qualities. Inhaled particles can cause lung damage.
Asbestos
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Key Terms
Term
Definition
a fibrous material that’s dangerous when it begins to deteriorate and becomes friable (easily crumbled or reduced to dust), was used in many materials before the 1970s because of its fire-retardant qualities. Inhaled particles can cause lung damage.
Asbestos
EPA stands for
The Environmental Protection Agency
Who regulates asbestos?
EPA (The Environmental Protection Agency)
this can be found in paint, plumbing, dust, soil, and drinking water. Lead causes many health issues, particularly among infants, children, and the elderly. In children, issues can include behavioral problems, learning disabilities, seizures, and even death.
lead
it occurs naturally in the environment and can be found in soil and well water. it enters a home through the building’s cracks and crevices, and experts believe it can cause lung cancer.
Radon
it is promoted by excessive moisture and lack of air circulation. Excessive levels of it can cause allergic reactions or act as a respiratory irritant in individuals who are sensitive to it or immune-compromised. In some cases, it may release potentially toxic substances.
Mold
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| Term | Definition |
|---|---|
a fibrous material that’s dangerous when it begins to deteriorate and becomes friable (easily crumbled or reduced to dust), was used in many materials before the 1970s because of its fire-retardant qualities. Inhaled particles can cause lung damage. | Asbestos |
EPA stands for | The Environmental Protection Agency |
Who regulates asbestos? | EPA (The Environmental Protection Agency) |
this can be found in paint, plumbing, dust, soil, and drinking water. Lead causes many health issues, particularly among infants, children, and the elderly. In children, issues can include behavioral problems, learning disabilities, seizures, and even death. | lead |
it occurs naturally in the environment and can be found in soil and well water. it enters a home through the building’s cracks and crevices, and experts believe it can cause lung cancer. | Radon |
it is promoted by excessive moisture and lack of air circulation. Excessive levels of it can cause allergic reactions or act as a respiratory irritant in individuals who are sensitive to it or immune-compromised. In some cases, it may release potentially toxic substances. | Mold |
it is an odorless, colorless toxic gas that’s formed whenever fuel is burned. Gas and oil furnaces, gas refrigerators, clothes dryers, ranges, water heaters, and space heaters produce it, as can fireplaces, charcoal grills, and wood-burning stoves. | Carbon monoxide |
it is water that is under the earth’s surface. Mining activities, landfill drainage, leaking underground storage tanks, contaminated storm drains, and agricultural pesticides contribute to groundwater contamination (and therefore, potential contamination of private and public drinking water sources). | Ground water |
are typically huge excavated areas where waste is buried underground. Federal, state, and local governments regulate waste site placement, construction, and content. Rural properties or properties that were once in rural areas but have been swallowed up by a metro area may also contain sites where property owners once dumped trash. | Waste Disposal (landfill) |
it was established to clean up closed, abandoned, or uncontrolled hazardous waste sites and spills. | The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) |
it added an “innocent landowner” defense to CERCLA. Landowners who performed their due diligence when purchasing a property may be held innocent of clean-up liability if the property is found to be contaminated. | The Superfunds Amendments and Reauthorization Act (SARA) |
What CC&Rs stands for? | Covenants, conditions, and restrictions |
Subdivision regulations imposed by developers in an effort to maintain control of the development of the subdivision are an example of | Private land use control |
Abatement means | reduction |
Covenant means | Agreement |
Which entity enforces subdivision covenants | The civil court system |
it include wetlands, floodplains, shoreline or waterfront property, protected habitats, historic landmarks, and land contaminated with hazardous waste. | Special land types |
This provides direct funding, typically in the form of grants, to property owners to assist in the assessment and cleanup of contaminated sites. | The Brownfields Law |
These individuals ensures that community growth is controlled and orderly. It is also responsible for developing the master plan, which includes budgeting for long-term projects. | Planning board |
The property owner is responsible for cleanup, regardless of who’s at fault. | Strict liability |
Each of the responsible parties is personally responsible for damages. | Joint and several liability |
Both the current owner and prior owners are liable. | Retroactive liability |
what capped means? | When a landfill is put out of commission, |
Requests for variances and special use permits must be submitted to | the zoning board of appeals. |
occurs when a structure or business was legally established according to zoning ordinances at the time, but does not meet current zoning and building regulations. This is called being "grandfathered." | non-conforming use of land |
The federal Government in the Sunshine Act is part of what? | The Freedom of Information Act |
Which of the following is a true statement about police power and public land use controls? | local governments and their planning boards control budgeting, site-plan review, and building codes. |
What is the federal program that was created to help mitigate future flood losses across the country? | National Flood Insurance Program (NFIP) |
specify construction standards to ensure the health and safety of those using the buildings. Sanitary drainage and disposal are a common with this | Building code |
Tres owns a warehouse in an area that is zoned light industrial. With an increased demand for housing in the area, Tres wants to create loft-style condos and have his property designated as residential, even though the surrounding buildings will remain light industrial. What type of zoning is this? | Spot zoning allows a specific property to be rezoned within an existing zoning area. Spot zoning is illegal in some states. |
Residents of Tinytown have been complaining to town officials that the village-like character of their town is being affected by the medium-rise condos that developers are building on the edge of town. In response, local government officials rezoned the areas on the edges of town as parklands. What type of zoning is this? | Downzoning assigns a lower density use to an area that previously allowed a higher density. |
Jacob’s family has operated a neighborhood grocery store in the community since before the land was zoned residential. Jacob continues to operate the store legally. What would you call this? | Non-conforming use |
Local authorities lack police power over which of the following? | Federal government construction projects |
When a government entity exercises its powers to create zoning ordinances, what must be followed? | An area’s comprehensive plan outlines its future development plans and goals of the area. Zoning decisions should follow this plan. |
what is An accessory use ? | it is one that's subordinate but related to the main use of the property. |