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AICP -
AICP Exam 2011
| Question | Answer |
|---|---|
| What is the dominant land use in the U.S.? | Agriculture |
| How many Native American reservations are there in the U.S.? | 275 |
| What is the largest single Native American reservation? | Navajo, 16 million acres |
| What is the average per capita per day water usage? | 50 gallons (but could be calculated as 120 - 180 gallons/person/day, depending on how is calculated and if lawns are being watered) |
| What are the 6 key pollutants regulated by the Clean Air Act? | Nitrogen oxide, Carbon monoxide, Lead, Sulfur dioxide, ozone, and particulates |
| Who wrote Man vs. Nature (1864)? | George Perkins Marsh, inspired the conservationist movement |
| Who wrote Report on the Lands of the Arid Region of the U.S.? (1878) | John Wesley Powell, proposal to foster settlement and conserve water in the arid west |
| Who founded the Sierra Club (1892)? | John Muir, to promote the protection and preservation of the natural environment |
| Who was Gifford Pinochet? | First director of the U.S. Forest Service (1905), leader of conservation movement, advocating for both preservation and scientific management of natural resources |
| Who wrote The Last Landscape (1959)? | William H. Whyte, coined the term greenway |
| Who wrote Silent Spring (1962)? | Rachel Carson, about the harmful effects of pesticides on animal, plant and human life |
| When was the USGS formed, and why? | 1897, to survey and classify all public domain lands |
| What is the largest concrete structure in the US? | Grand Coulee Dam, on the Columbia River in central Washington State, buildt for irrigation, electric power generation, and flood control |
| When was the first Earth Day? | April 22, 1970 |
| What is a conservation easement? | separates ownership of land from the right to develop that land |
| Just vs. Marinette County (1972) | Established that environmental protection regulations are a reasonable exercise of the police power of the state and do not amount to a taking of private property without just compensation; The natural state of the shore land is a public interest that sup |
| Agins v. Tiburon (1980) | U.S. Supreme Court ruled that open space requirements established by the City of Tiburon did not result in a taking of property; Established the principle that a governmental action was not a regulatory taking if it substantially advanced a legitimate gov |
| Babbit v. Sweet Home Chapter of Communities for a Great Oregon (1996) | U.S. Supreme Court decided that the government can restrict land development to protect endangered species and their habitats, and it does not constitute a taking; Harm includes significant habitat modification or degradation that kills or injures wildlif |
| Palazzolo v. State of Rhode Island | U.S. Supreme Court decided that environmental protection laws prohibiting filling undeveloped salt marsh (wetlands) did not remove all economically viable use of the land and therefore this regulation was not a taking |
| What is NPDES (1972)? | National Pollution Discharge Elimination System: Authorized by the Clean Water Act, to control water pollution by regulation point sources that discharge pollutants into U.S. water bodies; Industrial and municipal polluters must obtain a NPDES discharge p |
| What is CAFE (1975)? | Corporate Average Fuel Economy standards for light trucks and passenger cars |
| Resource Conservation and Recovery Act (1976) | Cradle-to-grace legislation for hazardous waste materials (EPA controled) |
| Comprehensive Environmental Response, Compensation and Liability Act (CERCLA 1980) | Superfund, Gave EPA power to seek out those parties responsible for any hazardous releases and assure their cooperation in the cleanup |
| Intermodal Surface Transportation Efficiency Act (ISTEA, 1991) | Required coordination between states and metropolitan areas for air quality standards |
| Preservation v. conservation | Preservation of wilderness (Muir), vs. Conservation (wise use of natural resources, Pinchot) |
| Number of endangered species? | 1,200 |
| How has average size of single family detached homes changed over last 50 years? | ~1,100SF → 2,340 SF |
| Aveage annual per capita consumption of gasoline in 2000? | 430 gallons |
| What is R-factor? | The ability of insulation above ceilings and in walls to keep heat inside during the winter and keep heat our during the summer; The higher the R-factor, the better the insulation and the less energy required to keep building hot or cold |
| What is effluent? | The treated wastewater discharged by sewage treatment plants |
| Moraine | Glacial deposit of rock and soil |
| Limnology | The study of the chemical, hydrological and biological aspects of lakes and ponds |
| Lacustrine | Refers to a lake or lake-type environment, such as a wetland |
| Maximum Contaminant Level (MCL) | Highest level of a contaminant that is allowed in drinking water; for nitrates: 10ppm; for flouride, 4ppm |
| What leads to algae bloom? | Phosphorous |
| Volatile Organic Compound (VOC) | Highly mobile organic compound such as petroleum, hydrocarbons, and solvents that readily evaporate |
| What land use maps are included in a comprehensive plan? | Current land use map an future land use map (basis for zoning map) |
| How many sf in 1 acre? | 1 Acre = 43,560 SF |
| What is a Hectare? | 1 hectare = 10,000 square meters |
| How many feet in a mile? | 5,280 feet = 1 mile |
| First zoning ordinance - when/where? NYC 1916, Edward Bassett | |
| First national park? | Yellowstone, 1872 |
| First National wildlife refuge? | Florida, 1903 |
| First Historic Preservation Commission? | New Orlens, 1921 (French Quarter) |
| First off-street parking regulations? | Columbus, OH 1923 |
| First limited access highway? | Bronx River Parkway |
| When was the first national conference on City planning? | 1901 (1909?) |
| Who founded the American City Planning Institute, and when? | Olmstead, Jr |
| When was APA/AICP founded (merging of AIP and ASPO)? | 1978 |
| Rational Planning Model (synoptic), associated w who? | Myerson and Banfield |
| Incremental Planning (humanistic movement), associated w who? | Charles Lindblom |
| Advocacy planning (radical), associated w who? | Sherry Arnstein (Ladder of Participation, 1969), Paul Davidoff (planners as advocates, not neutral technocrats) |
| City beautiful | Daniel Burnham, 1893 |
| Garden Cities | Ebenezer Howard, 1989, Garden Cities of to-morrow |
| Radiant City | LeCorbusier, 1920s |
| Concentric Ring Theory | Ernest Burgess, 1925 |
| Broad Acre City | Frank Lloyd Wright, 9132 |
| Sector Theory | Homer Hoyt, 1939 |
| Multiple Nuclei Theory | Harris and Ulman, 1945 |
| Bid Rent Theory | William Alonso, 1960 |
| New Urbanism | Andres Duany, 1982 |
| Growth Machine Theory | Harvey Molotch, 1987 |
| Edge City | Joel Garreau, 1991, Suburban cities gaining on older core cities |
| Berman v Parker (1954) | Eminent domain, Department store, Established aesthetics and redevelopment as a valid purpose for exercising eminent domain; Public ownership of land not the sole way to promote public purpose; |
| Nollan v California Coastal Commission (1987) | US Supreme Court, Takings, commission required Nollan to maintain greenway on hardware store property; Ruling in favor of Nollan, established principle of rational nexus for regulatory action |
| Lucas v South Carolina Coastal Council (1992) | Takings |
| City of Ladue v Gilleo (1994) | Freedom of speech |
| Golden v Planning Board of the Town of Ramapo (1972) | Growth management; Local govts can control growth on basis that adequate public services and facilities are nec. and should preced addtl subdiv dev |
| Southern Burlington NAACP v Township of Mount Laurel (1975, 1983) | Housing, Fair Share |
| Executive Order 12898 (1994) | Environmental Justice |
| Kelo v City of New London (2005) | Eminent domain |
| Lingle v Chevron (2005) | Takings |
| City of Rancho Palos Verde v Abrams | Telecommunications Act |
| San Remo Hotel L.P. v City and County of San Fransisco (2005) | State courts can adjudicate challenges to land use decisions |
| Traditional Neighborhood Unit | Clarence Perry |
| Radburn, NJ | Stein and Wright |
| Standard State Zoning Enabling Act (1926) | Hoover, Dept of Commerce |
| Standard City Planning Enabling Act (1928) | Hoover, Dept of Commerce |
| Saul Alinsky | Rules for Radicals, Community Organizing, “Organization of organizations” |
| Economic Opportunity Act (1964) | |
| Norman Krumholtz | Chief of Planning in Cleveland 1969-1979 (AICP code of ethics?) |
| Citizen participation | “the process through which citizens who live and/or work in an area are actively involved in the dev of plans and recommendations” |
| What are the 3 sections of the AICP Code of Ethics? | 1) Aspirational principles (cannot be enforced), 2) Rules of conduct (must be followed), 3) Procedures (for handling charges of misconduct) |
| Ethics: Aspirational principles: | 1) Serve public interest, 2) Seek social justice, work to expand choice and opportunity, 3) responsibility to clients and employers, 4) responsibility to the profession |
| Ethics: Rules of conduct: | 1) Provide adequate, timely, clear and accurate info, 2) must not advocate opposing positions, 3) must not take unfair advantage of a sitaution, 4) Avoid conflict of interest of appearance thereof |
| Ethics: Procedure: | Transparency, Disclosure, Documentation |
| Ethics: Who makes the final determination in a charge of ethics misconduct? | The AICP Ethics Committee |
| Urbanism as a Way of Life (1938) | Louis Wirth, promoted urbanism as the prevailing way of life in contemporary society, and that density has an effect on people’s behavior |
| Endangered Species Act year? | 1973 |
| Property Administration 41 Act of 1949 | Used for the disposal of Federal Property by the US government |
| What year was American Society of Planning Officials (ASPO) established? | 1934 |
| Morrill Act (1862) | Gave public land to each state to be sold for the establishment of “engineering, agriculture and military science colleges (land grant colleges) |
| Pennsylvania Coal v Mahon (1922) | U.S. Supreme Court, Acknowledges principle of regulatory taking (land use restriction constituted a taking) |
| Cumulative zoning | Older approach to regulating land use; A hierarchical approach in which less intensive uses such as residences are allowed in areas of more intensive use, such as commercial districts |
| Noncumulative zoning | Allows only stated use and not less intensive uses |
| Exclusive zoning | |
| Delphi method | Public participation (RAND), 1) Identify needs/goals/objectives or alternatives; 2) establish priorities, group preferences, differences among diverse reference groups; 3) educating and identifying areas of consensus and disagreement by sharing informatio |
| Fred French Investing Co v City of NY (1976) | Transfer of Development Rights |
| Pierre L’Enfant | Radial design of Washington, DC |
| Cincinnati Plan, 1925 | |
| Los Angeles County Regional Planning Commission, 1921 | |
| San Fransisco Zoning Ordinance, 1867 | |
| Dolan v City of Tigard (1994) | |
| Hadacheck v Sebastian (1915) | US Supreme county ruled that restricting certain nuisances land uses was a legitimate exercise of police power; Upheld ordinance in LA prohibiting operation of brickyard |
| Construction Indust. Assn. of Sonoma County v City of Petaluma | Limit on the number of building permits for single-fam homes issued each year; upheld by court of appeals on ground that it sought to preserve small town character and open space and promote growth at an “orderly” rate” |
| Young v. American Mini Theaters (1976) | US Supreme Court upheld Detroit “adult zoning” ordinance that prohibited location of adult movie theaters in proximity to each other and residential area; Court argued that it did not restrain speech but only maintain neighborhood character |
| Penn Central Transportation Co. v City of New Yok (1978) | |
| Metromedia Inc v City of San Diego (1981) | US Supreme Court struck down ordinance that banned com and non-com off-site billboards yet permitted on-site signage as violation of free speech |
| First urban growth boundary? | Lexington and FAyette County, KY (1958) |
| Regional Survey of New York and Its Environs, 1928 | Viewed land use as a function of accessibility |
| Zoning | Exercise of police power, which means government’s right to impose regulations to protect public health, safety and welfare |
| Euclidean zoning | Specifies exactly what uses will be allowed in each district and at what level of intensity; Does not allow for mix of uses |
| Alfred Bettman | 1925, developed comprehensive plan for Cincinnati, the first American city to adopt a comprehensive plan; Defending zoning in Amber v Eucid |
| Form-based zoning | Regulates size, form, appearance and placement of buildings ad parking rather than the use of the land and the density of development |
| Transect zoning | continuum of 6 zones from rural to urban |
| Performance zoning | focuses on the intensity of development that is acceptable and its impact on the environment; does not deal with use but with how development impacts the surrounding area |
| Exactions | Costs levied on developers as a condition for receiving permission to develop in a community (i.e. contribution of land, facilities or funding); Extractions reflect the costs that a dev is projected to impose on a community |
| Easement | used to secure a portion of rights associated with a parcel |
| Right of way | Right granted by owner to other to building, maintain and use a road, pathway or utility line across the owner’s property |
| 5th Amendment | Prohibits the government from taking private property for public use without paying just compensation to the property owner (14th Amendment deals with due process in taking) |
| Ripeness doctrine | A claim is ready for judicial review only after a property owner has sought all possible relief through, for example, variance or condemnation procedures |
| Variance is permissible when | |
| Euclid v Ambler (1926) | US Supreme Court upheld validity of zoning as a legitimate exercise of policy power, and emphasized the need to separate land uses, in order to protect public health, safety and welfare; established zoning as a legitimate exercise of police power by local |
| Spur Industries v Del E Webb Dev Co (1972) | Preexisting feedlot became a nuisance for a newer residential area; state court of appeals ruled that feedlot should move to accommodate addtl urban dev; dev’rs required to pay expenses and damages |
| City Council v Taxpayers for Vincent (1984) | US Supreme Court ruled that LA violated free speech by banning noncommercial signage on public property |
| What is the dominant land use in the U.S.? | Agriculture |
| How many Native American reservations are there in the U.S.? | 275 |
| What is the largest single Native American reservation? | Navajo, 16 million acres |
| What is the average per capita per day water usage? | 50 gallons (but could be calculated as 120 - 180 gallons/person/day, depending on how is calculated and if lawns are being watered) |
| What are the 6 key pollutants regulated by the Clean Air Act? | Nitrogen oxide, Carbon monoxide, Lead, Sulfur dioxide, ozone, and particulates |
| Who wrote Man vs. Nature (1864)? | George Perkins Marsh, inspired the conservationist movement |
| Who wrote Report on the Lands of the Arid Region of the U.S.? (1878) | John Wesley Powell, proposal to foster settlement and conserve water in the arid west |
| Who founded the Sierra Club (1892)? | John Muir, to promote the protection and preservation of the natural environment |
| Who was Gifford Pinochet? | First director of the U.S. Forest Service (1905), leader of conservation movement, advocating for both preservation and scientific management of natural resources |
| Who wrote The Last Landscape (1959)? | William H. Whyte, coined the term greenway |
| Who wrote Silent Spring (1962)? | Rachel Carson, about the harmful effects of pesticides on animal, plant and human life |
| When was the USGS formed, and why? | 1897, to survey and classify all public domain lands |
| What is the largest concrete structure in the US? | Grand Coulee Dam, on the Columbia River in central Washington State, buildt for irrigation, electric power generation, and flood control |
| When was the first Earth Day? | April 22, 1970 |
| What is a conservation easement? | separates ownership of land from the right to develop that land |
| Just vs. Marinette County (1972) | Established that environmental protection regulations are a reasonable exercise of the police power of the state and do not amount to a taking of private property without just compensation; The natural state of the shore land is a public interest that sup |
| Agins v. Tiburon (1980) | U.S. Supreme Court ruled that open space requirements established by the City of Tiburon did not result in a taking of property; Established the principle that a governmental action was not a regulatory taking if it substantially advanced a legitimate gov |
| Babbit v. Sweet Home Chapter of Communities for a Great Oregon (1996) | U.S. Supreme Court decided that the government can restrict land development to protect endangered species and their habitats, and it does not constitute a taking; Harm includes significant habitat modification or degradation that kills or injures wildlif |
| Palazzolo v. State of Rhode Island | U.S. Supreme Court decided that environmental protection laws prohibiting filling undeveloped salt marsh (wetlands) did not remove all economically viable use of the land and therefore this regulation was not a taking |
| What is NPDES (1972)? | National Pollution Discharge Elimination System: Authorized by the Clean Water Act, to control water pollution by regulation point sources that discharge pollutants into U.S. water bodies; Industrial and municipal polluters must obtain a NPDES discharge p |
| What is CAFE (1975)? | Corporate Average Fuel Economy standards for light trucks and passenger cars |
| Resource Conservation and Recovery Act (1976) | Cradle-to-grace legislation for hazardous waste materials (EPA controled) |
| Comprehensive Environmental Response, Compensation and Liability Act (CERCLA 1980) | Superfund, Gave EPA power to seek out those parties responsible for any hazardous releases and assure their cooperation in the cleanup |
| Intermodal Surface Transportation Efficiency Act (ISTEA, 1991) | Required coordination between states and metropolitan areas for air quality standards |
| Preservation v. conservation | Preservation of wilderness (Muir), vs. Conservation (wise use of natural resources, Pinchot) |
| Number of endangered species? | 1,200 |
| How has average size of single family detached homes changed over last 50 years? | ~1,100SF → 2,340 SF |
| Aveage annual per capita consumption of gasoline in 2000? | 430 gallons |
| What is R-factor? | The ability of insulation above ceilings and in walls to keep heat inside during the winter and keep heat our during the summer; The higher the R-factor, the better the insulation and the less energy required to keep building hot or cold |
| What is effluent? | The treated wastewater discharged by sewage treatment plants |
| Moraine | Glacial deposit of rock and soil |
| Limnology | The study of the chemical, hydrological and biological aspects of lakes and ponds |
| Lacustrine | Refers to a lake or lake-type environment, such as a wetland |
| Maximum Contaminant Level (MCL) | Highest level of a contaminant that is allowed in drinking water; for nitrates: 10ppm; for flouride, 4ppm |
| What leads to algae bloom? | Phosphorous |
| Volatile Organic Compound (VOC) | Highly mobile organic compound such as petroleum, hydrocarbons, and solvents that readily evaporate |
| What land use maps are included in a comprehensive plan? | Current land use map an future land use map (basis for zoning map) |
| How many sf in 1 acre? | 1 Acre = 43,560 SF |
| What is a Hectare? | 1 hectare = 10,000 square meters |
| How many feet in a mile? | 5,280 feet = 1 mile |
| First zoning ordinance - when/where? NYC 1916, Edward Bassett | |
| First national park? | Yellowstone, 1872 |
| First National wildlife refuge? | Florida, 1903 |
| First Historic Preservation Commission? | New Orlens, 1921 (French Quarter) |
| First off-street parking regulations? | Columbus, OH 1923 |
| First limited access highway? | Bronx River Parkway |
| When was the first national conference on City planning? | 1901 (1909?) |
| Who founded the American City Planning Institute, and when? | Olmstead, Jr |
| When was APA/AICP founded (merging of AIP and ASPO)? | 1978 |
| Rational Planning Model (synoptic), associated w who? | Myerson and Banfield |
| Incremental Planning (humanistic movement), associated w who? | Charles Lindblom |
| Advocacy planning (radical), associated w who? | Sherry Arnstein (Ladder of Participation, 1969), Paul Davidoff (planners as advocates, not neutral technocrats) |
| City beautiful | Daniel Burnham, 1893 |
| Garden Cities | Ebenezer Howard, 1989, Garden Cities of to-morrow |
| Radiant City | LeCorbusier, 1920s |
| Concentric Ring Theory | Ernest Burgess, 1925; Urban areas grow outward as a series of concentric rings |
| Broad Acre City | Frank Lloyd Wright, 9132 |
| Sector Theory | Homer Hoyt, 1939, Proposed that urban areas develop by sectors, formed along communication and transportation routes |
| Multiple Nuclei Theory | Harris and Ulman, 1945, Proposed that urban areas grow by the progressive integration of a number of separate nuclei, which become specialized and differenciated |
| Bid Rent Theory | William Alonso, 1960, Proposed that the cost of land, the intensity of development of land, the concentration of the population, and the number of places of employment each decline as distance from the CBD increases |
| New Urbanism | Andres Duany, 1982 |
| Growth Machine Theory | John Logan and Harvey Molotch, 1987, Proposed that urban development is actually directed by those elite members of the community who control the resources and have business and political interests that benefit from development |
| Edge City | Joel Garreau, 1991, Suburban cities gaining on older core cities |
| Berman v Parker (1954) | Eminent domain, Department store, Established aesthetics and redevelopment as a valid purpose for exercising eminent domain; Public ownership of land not the sole way to promote public purpose; |
| Nollan v California Coastal Commission (1987) | Takings clause was violated when public agency would grant the Nollans a permit to build a house only if they provided a public easement on their beachfront property; Land-use regulation amounted to a taking |
| Lucas v South Carolina Coastal Council (1992) | Takings; Coastal zone protection prohibited building a house on shorefront; U.S. Supreme Court found that regulations that deny all economic use of property constitute a taking (unless existing state prop and nuisance law prohibit such use |
| City of Ladue v Gilleo (1994) | Freedom of speech |
| Golden v Planning Board of the Town of Ramapo (1972) | Growth management; Local govts can control growth on basis that adequate public services and facilities are nec. and should preced addtl subdiv dev |
| Southern Burlington NAACP v Township of Mount Laurel (1975, 1983) | Housing, Fair Share |
| Executive Order 12898 (1994) | Environmental Justice |
| Kelo v City of New London (2005) | Eminent domain |
| Lingle v Chevron (2005) | Takings; Removed the “substantially advances” test (basis of Agins v Tiburon) to identify regulatory taking; Affirms that regulatory taking occurs when regs destroy all economic value |
| City of Rancho Palos Verde v Abrams | Telecommunications Act |
| San Remo Hotel L.P. v City and County of San Fransisco (2005) | State courts can adjudicate challenges to land use decisions |
| Traditional Neighborhood Unit | Clarence Perry |
| Radburn, NJ | Stein and Wright |
| Standard State Zoning Enabling Act (1926) | Hoover, Dept of Commerce |
| Standard City Planning Enabling Act (1928) | Hoover, Dept of Commerce |
| Saul Alinsky | Rules for Radicals, Community Organizing, “Organization of organizations” |
| Economic Opportunity Act (1964) | |
| Norman Krumholtz | Chief of Planning in Cleveland 1969-1979 (AICP code of ethics?) |
| Citizen participation | “the process through which citizens who live and/or work in an area are actively involved in the dev of plans and recommendations” |
| What are the 3 sections of the AICP Code of Ethics? | 1) Aspirational principles (cannot be enforced), 2) Rules of conduct (must be followed), 3) Procedures (for handling charges of misconduct) |
| Ethics: Aspirational principles: | 1) Serve public interest, 2) Seek social justice, work to expand choice and opportunity, 3) responsibility to clients and employers, 4) responsibility to the profession |
| Ethics: Rules of conduct: | 1) Provide adequate, timely, clear and accurate info, 2) must not advocate opposing positions, 3) must not take unfair advantage of a sitaution, 4) Avoid conflict of interest of appearance thereof |
| Ethics: Procedure: | Transparency, Disclosure, Documentation |
| Ethics: Who makes the final determination in a charge of ethics misconduct? | The AICP Ethics Committee |
| Urbanism as a Way of Life (1938) | Louis Wirth, promoted urbanism as the prevailing way of life in contemporary society, and that density has an effect on people’s behavior |
| Endangered Species Act year? | 1973 |
| Property Administration 41 Act of 1949 | Used for the disposal of Federal Property by the US government |
| What year was American Society of Planning Officials (ASPO) established? | 1934 |
| Morrill Act (1862) | Gave public land to each state to be sold for the establishment of “engineering, agriculture and military science colleges (land grant colleges) |
| Pennsylvania Coal v Mahon (1922) | U.S. Supreme Court, Acknowledges principle of regulatory taking (land use restriction constituted a taking) |
| Cumulative zoning | Older approach to regulating land use; A hierarchical approach in which less intensive uses such as residences are allowed in areas of more intensive use, such as commercial districts |
| Noncumulative zoning | Allows only stated use and not less intensive uses |
| Exclusive zoning | |
| Delphi method | Public participation (RAND), 1) Identify needs/goals/objectives or alternatives; 2) establish priorities, group preferences, differences among diverse reference groups; 3) educating and identifying areas of consensus and disagreement by sharing informatio |
| Fred French Investing Co v City of NY (1976) | Transfer of Development Rights |
| Pierre L’Enfant | Radial design of Washington, DC |
| Cincinnati Plan, 1925 | |
| Los Angeles County Regional Planning Commission, 1921 | |
| San Fransisco Zoning Ordinance, 1867 | |
| Dolan v City of Tigard (1994) | US Supreme Court, Takings, commission required Dolan to maintain greenway on hardware store property; Ruling in favor of Dolan, established principle of rational nexus for regulatory action |
| Hadacheck v Sebastian (1915) | US Supreme county ruled that restricting certain nuisances land uses was a legitimate exercise of police power; Upheld ordinance in LA prohibiting operation of brickyard |
| Construction Indust. Assn. of Sonoma County v City of Petaluma (1971) | Limit on the number of building permits for single-fam homes issued each year; upheld by court of appeals on ground that it sought to preserve small town character and open space and promote growth at an “orderly” rate” |
| Young v. American Mini Theaters (1976) | US Supreme Court upheld Detroit “adult zoning” ordinance that prohibited location of adult movie theaters in proximity to each other and residential area; Court argued that it did not restrain speech but only maintain neighborhood character |
| Penn Central Transportation Co. v City of New Yok (1978) | |
| Metromedia Inc v City of San Diego (1981) | US Supreme Court struck down ordinance that banned com and non-com off-site billboards yet permitted on-site signage as violation of free speech |
| First urban growth boundary? | Lexington and FAyette County, KY (1958) |
| Regional Survey of New York and Its Environs, 1928 | Viewed land use as a function of accessibility |
| Zoning | Exercise of police power, which means government’s right to impose regulations to protect public health, safety and welfare |
| Euclidean zoning | Specifies exactly what uses will be allowed in each district and at what level of intensity; Does not allow for mix of uses |
| Alfred Bettman | 1925, developed comprehensive plan for Cincinnati, the first American city to adopt a comprehensive plan; Defending zoning in Amber v Eucid |
| Form-based zoning | Regulates size, form, appearance and placement of buildings ad parking rather than the use of the land and the density of development |
| Transect zoning | continuum of 6 zones from rural to urban |
| Performance zoning | focuses on the intensity of development that is acceptable and its impact on the environment; does not deal with use but with how development impacts the surrounding area |
| Exactions | Costs levied on developers as a condition for receiving permission to develop in a community (i.e. contribution of land, facilities or funding); Extractions reflect the costs that a dev is projected to impose on a community |
| Easement | used to secure a portion of rights associated with a parcel |
| Right of way | Right granted by owner to other to building, maintain and use a road, pathway or utility line across the owner’s property |
| 5th Amendment | Prohibits the government from taking private property for public use without paying just compensation to the property owner (14th Amendment deals with due process in taking) |
| Ripeness doctrine | A claim is ready for judicial review only after a property owner has sought all possible relief through, for example, variance or condemnation procedures |
| Variance is permissible when | |
| Euclid v Ambler (1926) | US Supreme Court upheld validity of zoning as a legitimate exercise of policy power, and emphasized the need to separate land uses, in order to protect public health, safety and welfare; established zoning as a legitimate exercise of police power by local |
| Spur Industries v Del E Webb Dev Co (1972) | Preexisting feedlot became a nuisance for a newer residential area; state court of appeals ruled that feedlot should move to accommodate addtl urban dev; dev’rs required to pay expenses and damages |
| City Council v Taxpayers for Vincent (1984) | US Supreme Court ruled that LA violated free speech by banning noncommercial signage on public property |
| City of Renton v Playtime Theaters (1986) | US Supreme Court upheld zoning ordinance that prohibited adult theaters with 1K ft of residence etc bc it did not violate free speech bc it didn’t altogether prohibit use in city |
| First English Evangelical Lutheran Church of Glendale v County of Los Angeles (1987) | Flood damaged campgrounds, and LA prohibited construction in flood area; U.S. Supreme Court found that just compensation required for “temporary damages” for time btwn law adoption and determination of unconstitutional taking |
| Tahoe Sierra Preservation Council v Tahoe Regional Planning Association (2002) | US Supreme Court upheld the use of development moratoria and said that a moratorium is not necessarily a taking of property requiring compensation |
| Land Ordinance of 1785 | Provided for the rectangular land survey of the NW Territory |
| Standard State Zoning Enabling Act (1924, 1926) | Confirmed the states’ authority to delegate police power to municipalities to enact local zoning ordinances; Drafted under Secretary of Commerce Hoover |
| Standard City Planning Enabling Act (1928) | Outlined powers of municipal planning commissions and required the adoption of a master plan by local governing bodies; Provided for establishment of regional planning commissions and regional plans; Published by Dept of Commerce under Hoover |
| Housing Act of 1949 | Established the basis for Urban Renewal |
| Housing Act of 1954 | Established Section 701 planning grants to local govts |
| Demonstration Cities and Metropolitan Development Act (1966) | Created Model Cities, focusing on community participation; emphasized social and economic rebuilding of communities rather than physical development |
| 4 Steps of Hazard Mitigation Planning | 1) Mitigation planning, to minimize damage; 2) Preparation planning; 3) Response planning; 4) Recovery planning |
| “T-value” | The tolerable soil loss that, if exceeded, would adversely affect the productivity of the soil |
| Subsidence | Gradual sinking of land, sometimes due to excessive groundwater pumping in surface drainage patters due to urbanization |
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