© 2013 All rights reserved. Chapter 9 Land Use Regulations1 New York Real Estate for Salespersons, 5th e By Marcia Darvin Spada Cengage Learning.

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© 2013 All rights reserved. Chapter 9 Land Use Regulations1 New York Real Estate for Salespersons, 5th e By Marcia Darvin Spada Cengage Learning

© 2013 All rights reserved. Chapter 9 Land Use Regulations2 Chapter 9 Land Use Regulations

© 2013 All rights reserved. Chapter 9 Land Use Regulations3 Chapter 9 Key Terms  Cluster zoning  Condemnation  Deed restriction  Doctrine of laches  Eminent domain  Escheat  Infrastructure  Moratorium  Police power  Spot zoning  Topography  Variance  Zoning permit  Zoning board of appeals

© 2013 All rights reserved. Chapter 9 Land Use Regulations4 Private Land Use Control Easements Deed restrictions Subdivision regulations Liens

© 2013 All rights reserved. Chapter 9 Land Use Regulations5 The Subdivision Acquiring the site Usable Square footage Completion bond Local planning board approval Impact fees OutlotsDedication PUDs and zoning

© 2013 All rights reserved. Chapter 9 Land Use Regulations6 Public Land Use Control-Federal Interstate Land Sales Full Disclosure Act Regulates the sale of lots sold sight unseen HUD Grants for housing development

© 2013 All rights reserved. Chapter 9 Land Use Regulations7 Police Power Federal, state, and local government power to legislate for the public good Zoning ordinances are an example of police power

© 2013 All rights reserved. Chapter 9 Land Use Regulations8 Public Land Use Control-State  NYS Article 9-A Regulates the purchase of vacant subdivided land  State Environmental Quality Review Act Mandates environmental assessments  NYS Department of Environmental Conservation Regulates environmental land use  NYS Fire Prevention and Building Code

© 2013 All rights reserved. State Environmental Quality Review Act  Due diligence reviews  Environmental Impact statements  The lead agency coordinates the action  Mandates environmental assessments Chapter 9 Land Use Regulations9

© 2013 All rights reserved. Chapter 9 Land Use Regulations10 The NYS Uniform Fire Prevention and Building Code Municipality enforces code Certificate of Occupancy Construction permit Enforced by local building depts.

© 2013 All rights reserved. Chapter 9 Land Use Regulations11 Examples of Government’s Police Power PowerDefined Eminent domain Take property for public good; just compensa tion Escheat Gov’t can take property if owner dies w/o heirs Taxation Lien on real property

© 2013 All rights reserved. Chapter 9 Land Use Regulations12 Zoning ordinance Transfer of development rights Incentive zoning Cluster zoning Zoning permit Zoning classi- fications

© 2013 All rights reserved. Chapter 9 Land Use Regulations13 Zoning Transfer of development rights Sale of development credits Zoning permit Construct or alter a building Incentive zoning Floor-to-area ratio Cluster zoning Multi-use zoning

© 2013 All rights reserved. Chapter 9 Land Use Regulations14 Site Plan and Review Acquiring the site Usable Square footage Completion bond Local planning board approval Impact fees OutlotsDedication PUDs and zoning

© 2013 All rights reserved. Chapter 9 Land Use Regulations15 Zoning Actions Zoning Board Of Appeals Conditional Use Permit Spot zoning Variance

© 2013 All rights reserved. Planning Board Master Plan Zoning Ordinances Subdivisions Development Cost Zoning Actions Moratoriums Spot Zoning Capital Budgeting Chapter 9 Land Use Regulations16