AICP Flashcards

1
Q

Right to farm laws

A
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2
Q

Spur Industries v. Webb Development Company

A

-1972
-Supreme Court of Arizona
-demonstrates the principles of nuisance law
-livestock feedlot vs retirement community. Eventually grew large and close enough to one another that the stench of manure and infestation of flies from the feedlot were affecting current residents and inhibiting future sales.
-court ordered Spur to shut down operations, determining that the feedlot was a public nusiance

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3
Q

“Amortization” of use

A
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4
Q

Construction Industry Association of Sonoma County vs. City of Petaluma; 9th Circuit Court of Appeals (1971)

A

-1975
-city wanted to slow development to a manageable rate
-9th US Circuit Court upheld an urban growth boundary that limited multifamily units to 500 per year
-set a precedent because the court recast the police power; ninth circuit said that it was not unconstitutional for Petaluma voters to use police power to dictate a slower rate of growth

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5
Q

Golden vs. Planning Board Town of Ramapo; New York Court of Appeals (1972)

A

-1972
-New York court of appeals
-established growth management planning as a valid exercise of police power in the US
-special permit requirement for subdivisions; an applicant who did not apply for a special permit sued.
-The Court of Appeals confirmed that the State of New York’s legislation enabled zoning phased growth.
-provided the foundation for subsequent growth management movement in the US
-system where individual municipalities manage growth, rather than it being managed by the state, is sometimes referred to as “the Ramapo system”
-it is criticized for encouraging urban sprawl and for being effectively exclusionary in areas with limited developable land
-Ramapo and Petaluma are the basis for the use of development impact fees to finance public infrastructure throughout the United States

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6
Q

Associated Homebuilders v. City of Livermore; CA Supreme Court (1976)

A

-1976
-California
-the City of Livermore enacted a municipal ordinance to promote the health, safety, and welfare of its citizens. The ordinance prohibited the issuance of new residential building permits until the sewage disposal, water supply, and local education facilities were in compliance with the specified standards.
-Homebuilders Association sued saying the ordinance was unconstitutional
-Held - yes, a municipal land use ordinance that is reasonably related to the public welfare constitutes a valid exercise of police powers

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7
Q

Welch v. Swasey (1909)

A

-1909
-US Supreme Court Case
-upheld that MA statutes limiting the heights of buildings in a certain quarter of a city do not violate the Constitution of the US

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8
Q

Hadacheck v. Sebastian (1915)

A

-1915
-US Supreme Court case
-held that an ordinance of Los Angeles prohibiting the manufacturing of bricks within specified limits of the city did not unconstitutionally deprive the petitioner of his property without due process of law or deny him equal protection of the law
-made brickyards illegal in a certain section of the city
-US supreme court upheld CA Supreme Court decision, holding that the ordinance was a legitimate use of police power
-one of the first cases to deal with the issue of regulatory takings under zoning laws

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9
Q

Village of Euclid v. Ambler Realty Co. (1926)

A

-1926
-US Supreme Court
-first significant case regarding the relatively new practice of zoning
-US Supreme Court’s finding that local ordinance zoning was a valid exercise of the police power bolstering zoning in the US and influenced other countries
-court held that the zoning ordinance was not an unreasonable extension of the village’s police power and was not arbitrary

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10
Q

Village of Belle Terre v. Boaraas; US Supreme Court (1974)

A

-1975
-US Supreme Court
-Court upheld the constitutionality of a residential zoning ordinance that limited the number of unrelated individuals who may inhabit a dwelling
-held that police power is a valid basis for establishing residential zones limiting the number of unrelated individuals who may inhabit a dwelling
-the city had a rational basis for its prohibition on housing large numbers of unrelated individuals because creating a quiet neighborhood is a permissible state goal and this ordinance is closely related enough to this goal to be sustained under the rational basis test

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11
Q

Southern Burlington County NAACP v. Township of Mount Laurel; New Jersey Supreme Court (1975; 1983)

A

-plaintiffs challenged the zoning ordinance of Mount Laurel Township, NJ on the grounds that it operated to exclude low and moderate income persons from obtaining housing in the municipality
-Mount Laurel doctrine is a significant judicial doctrine in the NJ State Constitution. Requires that municipalities use their zoning powers in an affirmative manner to provide a realistic opportunity for the production of housing affordable to low and moderate income households
-a developing municipality must, by its land use regulations, make realistically possible the opportunity for an appropriate variety and choice of housing for all categories of people who may desire to live there

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12
Q

Berman v. Parker; US Supreme Court (1954)

A

-1954
-US Supreme Court
-Washington DC redevelopment authority
-Interpreted the takings clause of the fifth amendment of the US Constitution
-Court voted 8-0 to hold that private property could be taken for a public purpose with just compensation
-on behalf of department store slated to be taken by eminent domain, Berman argued that the property could not be taken because it was not blighted.
-Court ruled in favor of the Planning Commission by arguing that the problem of large-scale blight needed to be addressed by a large-scale integrated redevelopment plan

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13
Q

Penn Central Transportation Co. v. The City of New York (1978)

A

-1978
-landmark US Supreme Court case on regulatory takings
-Penn Central sued NYC after the NYC Landmark Preservation Commission denied its vid to build a large office building on top of Grand Central terminal
-Supreme Court ruled in city’s favor
-Penn Central argued that the regulation took its air rights above Grand Central which had been designed to accommodate a 20-story building on top of it.
-Supreme Court disagreed and held that under a new taking test that it formulated in this opinion, the economic impact of Penn Central was not severe enough to constitute a taking because Penn Central conceded that it could still continue with its present use whose return was reasonable.
-The Court therefore found that the city’s restrictions on Grand Central Terminal did not amount to a taking
-does not interfere with the present uses of the terminal

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14
Q

Nollan v. California Coastal Commission (1987)

A

-1987
-US Supreme Court Case
-ruled that a CCC regulation which required private homeowners to dedicate a public easement along valuable beachfront property as a condition of approval for a construction permit to renovate their beach bungalow was unconstitutional
-property did not present the same conditions as in Malibu where the condition of approval was used frequently
-rational nexus

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15
Q

Dolan v. Tigard (1994)

A

-1994 Supreme Court case
-landmark case regarding zoning and property rights
-served to establish limits on the ability of cities and other government agencies to use zoning and land use regulations to compel property owners to make unrelated public improvements as a condition to getting zoning approval, citing the violation of the Fifth Amendment takings clause
-Dolan applied for a permit to expand store and pave parking lot of her store. City planning commission granted conditional approval, depending on Dolan dedicating land to a public greenway along an adjacent creek, and developing a pedestrian and bicycle pathway in order to relieve traffic congestion.
-Supreme Court overturned state courts, holding that a government agency may not require a person to surrender constitutional rights in exchange for discretionary benefits, where the property sought has little or no relationship to the benefit conferred
-two-prong test was applied: whether or not there is an “essential nexus” between the permit conditions and legitimate state interest; and whether or not the degree of the exactions required by the permit condition bears the required relationship to the projected impact of the proposed extra development.
-Court held that the first condition had been satisfied but the City failed to make an individualized determination that the required dedications are related, in both nature and extent, to the proposed impact.
-City failed to meet its burden of establishing that the proposed pathway was necessary to offset the traffic increase caused by the proposed expansion

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16
Q

Tahoe-Sierra Preservation Council, Inc. et al. v. Tahoe

A

-2002
-US Supreme Court
-Takings clause of the 5th and 14th amendments
-case dealt with the question of whether a moratorium on construction of individual homes improved by the Tahoe Regional Planning Agency (TRPA) fell under the takings clause and whether the owners should receive just compensation as required by that clause
-Supreme Court found that the moratorium did not constitute a taking.
-Reasoned that there was an inherent difference between the acquisition of property for public use and the regulation of property from private use
-if governments are required to compensate landowners every time a moratorium is put into place in order to plan the development of an area, then officials will either rush through the planning process or skip it altogether fostering growth in the community that is either ill-conceived or inefficient

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17
Q

Kelo v. City of New London (2005)

A

-2005
-landmark decision of the Supreme Court of the US (won 5-4)
-held that the use of eminent domain to transfer land from one private owner to another private owner to further economic development does not violate the Takings Clause of the Fifth Amendment
-Kelo sued the City of New London CT for taking her house for a “comprehensive redevelopment plan”
-court found that the city’s use of eminent domain was permissible under the takings clause because the general benefits the community would enjoy from economic growth qualified as “public use”

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18
Q

Young v. American Mini Theaters, Inc (1976)

A

-1976
-US Supreme Court
-Court upheld a city ordinance of Detroit requiring dispersal of adult businesses throughout the city
-found that this is only a place restriction with a limited effect on speech

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19
Q

Metromedia, Inc v. City of San Diego (1981)

A

-1981
-US Supreme Court
-it was decided that cities could regulate billboards, and that municipal governments could not treat commercial outdoor advertising more harshly than noncommercial messages

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20
Q

Los Angeles City Council v. Taxpayers for Vincent (1984)

A

-1984
-US Supreme Court
-Supreme Court upheld a city ordinance prohibiting the posting of signs, including for political candidates, on utility poles, crosswires, and other structures on public property.
-the court said the ordinance was a permissible “time/place/manner” restriction
-found that the ordinance, which applied to all signs, was not intended to regulate speech on the basis of its content
-law left candidates with an alternate means of communication

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21
Q

City of Renton v. Playtime Theatres Inc. (1986)

A

-1986
-case in which the Supreme Court held that localities may impose regulations prohibiting adult theaters from operating within certain areas, finding that the regulation in question was a content-neutral time/place/manner restriction.
-specific restriction at issue was established by Renton, Washington, and prohibited adult theaters within 1,000 feet from any residential zone, single- or multi-family dwelling, church, park, or school.

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22
Q

City of Ladue v. Gilleo (1994)

A

-1994
-Supreme Court
-Case challenging the legality of a city ordinance restricting the placement of signs in the yards of residents of Ladue, Missouri
-Supreme Court unanimously found that a town could not eliminate an entire form of communication, in this case signs.
-While Ladue alleged that this regulation was permissible as a restriction on “time/place/manner”, since residents could express themselves via other means, the Court found that there were no means that would be adequate substitutes.
-Ladue had also argued that its regulation was content neutral, but this did not satisfy the court, which still found that the regulation prevented too much speech that is protected

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23
Q

Reed v. Town of Gilbert (2015)

A

-2015
-US Supreme Court
-clarified when municipalities may impose content-based restrictions on signage.
-ordinance imposed stricter limitations on signs advertising religious services than signs that displayed “political” or “ideological” messages
-cited by enforcement officer
-Court held that town’s sign ordinance imposed content-based restrictions that did not survive strict scrutiny because the ordinance was not narrowly tailored to further a compelling government interest

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24
Q

1st Amendment

A

Freedom of speech

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25
Q

5th Amendment

A

Just compensation

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26
Q

14th Amendment

A

Due Process

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27
Q

Delegation of power

A
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28
Q

Procedural due process

A
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29
Q

Substantive due process

A
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30
Q

Equal protection

A
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31
Q

Freedom of speech

A
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32
Q

Just compensation

A
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33
Q

California state housing and zoning laws

A
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34
Q

Oregon state housing and zoning laws

A
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35
Q

Washington state housing and zoning laws

A
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36
Q

Maine state housing and zoning laws

A
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37
Q

Municipal reforms (Minnesota)

A
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38
Q

Massachusetts state housing and zoning laws (40B and MBTA Communities)

A
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39
Q

“How the other half lives”

A

Jacob Riis. Published in 1890. Resulted in housing reform in NYC.

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40
Q

“Tomorrow: A Peaceful Path to Real Reform”

A

Ebenezer Howard. 1898. Initiated the Garden City Movement.

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41
Q

“Wacker’s Manual of the Plan of Chicago”

A

Walter Moody. 1912. This book was adopted as a textbook for eighth graders in Chicago.

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42
Q

“Carrying Out the City Plan”

A

Flavel Shurtleff. 1914. First major textbook on city planning.

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43
Q

“Cities in Evolution”

A

Patrick Geddes. 1915. This book centers on regional planning, and Geddes is known as the “father of regional planning”

44
Q

“Planning of the Modern City”

A

Nelson Lewis. 1916.

45
Q

“Local Planning Administration”

A

Ladislas Segoe. 1941. This book was the first in the Green Book Series produced by the International City/County Management Association

46
Q

“Urban Land Use Planning”

A

F. Stuart Chapin. 1957. This book became a common textbook on land use planning.

47
Q

“Image of the City”

A

Kevin Lynch. 1960. This book defines basic concepts within the city such as edges and nodes. Mental maps.

48
Q

“The Death and Life of Great American Cities”

A

Jane Jacobs. 1961. Jacobs provided a critical look at planners and planning, with a special focus on the mistakes of urban renewal.

49
Q

“Silent Spring”

A

Rachel Carson. 1962. This book focuses on the negative effects of pesticides on the environment.

50
Q

“The Urban General Plan”

A
51
Q

“With Heritage So Rich”

A

Alfred Reins. 1966. This is a seminal book on historic preservation.

52
Q

“Design with Nature”

A

Ian McHarg. 1969. This book focuses on conservation design using an overlay technique that was later the basis of GIS.

53
Q

“The Social Life of Small Urban Spaces”

A

William Whyte. 1980. This book promotes the use of environmental psychology and sociology in urban design.

54
Q

Charles Abrams

A

Created the NY Housing Authority. In 1965, he published “The City is the Frontier,” a book that was highly critical of US federal policies surrounding slum clearance, urban renewal, and public housing.

55
Q

Thomas Adams

A

An important planner during the Garden City movement. He was the secretary of the Garden City Association and became the first manager of Letchworth, UK. He developed a number of garden suburbs in England and later went on to teach planning at MIT and Harvard.

56
Q

Saul Alinsky

A

An advocate of community organizing. Alinksy aligned Chicago’s poor in the late 1930’s and 1940’s. In 1946, he published Reveille for Radicals, which encouraged those who were poor to become involved in American democracy. Later he published rules for radicals, which provided 13 rules for community organizing.

57
Q

Sherry Arnstein

A

Wrote “A Ladder of Citizen Participation” for the Journal of the American Planning Association in 1969. This article describes the levels of involvement by citizens depending on the form of participation utilized.

58
Q

Daniel Burnham

A

A Chicago architect and prominent proponent of the City Beautiful movement. He was the lead force behind the 1893 Columbian Exposition and later the 1909 Plan of Chicago. His most famous quote is “Make no little plans. They have no fire to stir men’s blood.”

59
Q

Robert Moses

A

Transformed NYC’s public works from the 1930s through the 1950s. He expanded the state’s park system and built numerous parkways. He also built parks, playgrounds, highways, tunnels, and public housing.

60
Q

John Nolen

A

Designed Mariemont, Ohio and was a leading planner and landscape architect. He made substantial contributions including creating the first comprehensive plan in Florida, contributing to the park system in Madison, Wisconsin and designing Venice, Florida.

61
Q

Frederick Law Olmsted, Sr.

A

Considered the father of landscape architecture. He is responsible for many of the nation’s most important parks including Central and Prospect Parks in NYC, Niagara Reservation, and university campus landscapes. He was part of the design team for Riverside, IL, laid out in 1868.

62
Q

Clarence Perry

A

Developed the neighborhood unit concept which was implemented in Radburn, New Jersey. He was a key contributor to the 1929 Regional Survey of New York and its Environs.

63
Q

Rexford Tugwell

A

Served as the head of the Resettlement Administration during the New Deal. He worked on the greenbelt cities program, which sought construction of new, self-sufficient cities. Tugwell was closely involved in the development of Arthurdale, West Virginia, a Resettlement Administration community. He later served on the New York City Planning Commission and served as governor of Puerto Rico.

64
Q

Sir Raymond Unwin

A

An English town planner and designer of Letchworth. He later lectured at the University of Birmingham in England and Columbia university. He wrote “Town Planning in Practice”, published in 1909.

65
Q

Catherine Bauer Wurster

A

A founder of American housing policy. She worked to reform policy that was related to housing and city planning. She served as executive secretary of the Regional Planning Association of America. She wrote Modern Housing and was influential in the passage of the Housing Act of 1937.

66
Q

City Beautiful Movement

A

-late 1800s and early 1900s
-a reaction to cities having become places of poverty, crime, and blight
-movement to address these issues through the expression of moral and civic virtues
-David Burnham a leader in promoting this movement
-leaders believed that creating a beautiful city would inspire residents to lead virtuous lives
-resulted in Beaux-Arts style civic centers

67
Q

White City

A

-created by David Burnham in Chicago for the World’s Columbian Exhibition in 1983

68
Q

McMillian Plan of 1901

A

-Washington DC
-sought to resurrect L’Enfant’s 1791 Plan for Washington and restore the city to civic greatness

69
Q

Garden City Movement

A

-1898, Ebenezer Howard wrote “To-morrow: A Peaceful Path to Real Reform”
-later reissued in 1902 as “Garden Cities of To-morrow”
-after publishing the book he formed the Garden-City Association in England in 1899
-self-contained with a population of 32k and land area of 6k acres
-would house 30,000 people on 1,000 acres and leave the rest as farming areas
-was brought about to bring economic and social reform
-land ownership would be held by a corporation
-through the Garden-City Association, Howard was able to secure funding for three garden cities

70
Q

Letchworth, UK

A

-created in 1903
-first English garden city
-influential to New Town movement in the US

71
Q

US Garden Cities

A

-Regional Planning Association of America (RPAA) promoted the concept
-RPAA led by Lewis Mumford and Benton MacKaye (who conceived of the Appalachian Trail)
-In 1922, the first effort at building a garden city began in Sunnyside Gardens, NY (planned community, not full Garden City).
-77 acres in Queens were purchased and Clarence Stein devised a plan for 1,202 housing units
-in 1928, the construction of the first American Garden City in Radburn, New Jersey began, designed by Clarence Stein and Henry Wright

72
Q

City Efficient (Scientific) Movement

A

-reaction against City Beautiful movement, which was seen as overly focused on beauty and not sufficiently concerned with matters of function and efficiency
-City Beautiful movement was openly denounced at the first planning conference in 1909

73
Q

City Humane movement

A

-arose in the 1930s following the Great Depression. Primarily concerned with jobs and housing.

74
Q

Resettlement Administration

A

-established in 1935 by President Roosevelt during the Great Depression
-responsible for the Greenbelt Towns Program
-developed three cities based on Ebenezer Howard’s ideas: Greendale, Wisconsin; Greenhills, Ohio; and Greenbelt, Maryland

75
Q

New Towns Act

A

-passed in the UK after WW2 in 1946
-led to the development of more than a dozen communities based on Howard’s ideas
-failed to obtain Howard’s ideals as they lacked industry and city centers
-largely became residential suburbs

76
Q

Park Forest, Il

A

-developed after WW2 as a New Town in the Garden City ideal

77
Q

City Functional Movement

A

-developed during the 1940s at the same time as military growth and post-war industrialization.
-emphasized administrative efficiency

78
Q

Land Ordinance of 1785

A

-provided for the rectangular land survey of the Old Northwest
-completed following the end of the Revolutionary War
-provided a systematic way to divide and distribute land to the public

79
Q

Homestead Act

A

-1862
-Provided 160 acres of land to settlers for a fee of $18 and a guarantee of five years of residence
-resulted in settlement of 270 million acres of 10% of the land area of the United States

80
Q

Morrill Act

A

-allowed new western states to establish colleges (focused on ag, engineering, industry, etc)

81
Q

General Land Law Revision Act

A

-Provided the President of the United States the power to create forest preserves by proclamation

82
Q

Forest Management Act

A

-1897
-Allowed the Secretary of the Interior to manage forest preserves

83
Q

US Reclamation Act

A

-1902
-Allowed funds raised from the sale of public land in arid states to be used to construct water storage and irrigation systems

84
Q

Public Lands Commission

A

-created by Theodore Roosevelt in 1903
-Proposed rules for land development and management

85
Q

Antiquities Act

A

-1906
-First Law to provide federal protection for archaeological sites
-allowed for designation of National Monuments

86
Q

Resettlement Administration

A

-1935
-formed to carry out experiments in population resettlement and land reform.
-resulted in development of Greenbelt towns

87
Q

Servicemen’s Readjustment Act (GI Bill)

A

-guaranteed home loans to veterans
-resulted in rapid development of suburbs

88
Q

Chicago Plan of 1909

A

-developed by David Burnham
-first regional plan in the US
-focused on incorporating ideas from the City Beautiful movement, especially waterfront development, parks, and civic center spaces
-criticized for failing to address issues like housing, poverty, and transportation efficiency
-did not foresee looming impacts of the automobile

89
Q

Cincinnati Plan

A

-developed in 1925 under the direction of Alfred Bettman and Ladislas Segoe
-focused on infrastructure projects
-called for planning to be controlled by a citizen city planning commission

90
Q

Regional Plan for New York and Environs

A

-created between 1922 and 1929
-focused on suburban development, highway construction, and suburban recreational facilities
-Stein and Mumford involved in creating the plan

91
Q

US Housing Act of 1954

A

-largest impetus for comprehensive planning
-required cities to develop comprehensive plans and provided funding for planning under Section 701
-led to the creation of plans for the purpose of acquiring federal funds rather than trying to truly plan for communities

92
Q

Comprehensive Planning in the 1970s and 1980s

A

-shifted to more of a societal focus
-moved to concerns of equity, neighborhood preservation, affordable housing, environmental protection, and historic preservation
-Second Regional Plan of New York and its Environs of 1970 addressed transit and commercial rehabilitation

93
Q

States and Comprehensive Planning

A

-in the 1970s, Oregon and Minnesota passed laws requiring comprehensive planning
-1985- Florida passed a law requiring communities to develop comprehensive plans

94
Q

Purpose of AICP Code of Ethics and Professional Conduct (3)

A
  1. Defining the aspirational principles for all those who participate in the planning process, whether as planners, advisory bodies, or as decision makers (Section A);
  2. Defining the rules of practice and behavior to which all members of the AICP are held accountable (Section B); and
  3. Defining the procedures for enforcement of these rules.
95
Q

Primary obligation of planners and active participants in the planning process?

A

Serve the public interest

96
Q

Section A.1 AICP Code of Ethics: People who participate in the planning process shall continuously pursue and faithfully serve the public interest

A
  1. Examine our own cultures, practices, values, and professional positions in an effort to reveal and understand our conscious and unconscious biases and privileges as an essential first step so we can better serve a truly inclusive public interest promoting a sense of belonging;
  2. Be conscious of the rights of others. Develop skills that enable better communication and more effective, respectful, and compassionate planning efforts with all communities, especially underrepresented communities and marginalized people, so that they may fully participate in planning. Respect the experience, knowledge, and history of all people.
  3. Have a special concern for the long-range consequences of past and present actions.
  4. Pay special attention to the interrelatedness of decisions and their unintended consequences.
  5. Incorporate equity principles and strategies as the foundation for preparing plans and implementation programs to achieve more socially just decision-making. Implement, for existing plans, regulations, policies and procedures, changes which can help overcome historical impediments to racial and social equity. Develop metrics and track plan implementation over time to measure and report progress toward achieving more equitable outcomes.
  6. Systematically and critically analyze ethical issues in the practice of planning. Strengthen organizational capabilities to apply ethical principles in serving the public, including establishing procedures that promote ethical behavior, mentoring emerging professionals in ethical behavior, and holding individuals accountable for their conduct.
97
Q

Section A.2. AICP Code of Ethics: People who participate in the planning process shall do so with integrity

A
  1. Provide timely, adequate, clear, accessible, and accurate information on planning issues to all affected persons, to governmental bodies, to the public, to clients, and to decision makers.
  2. Facilitate the exchange of ideas and ensure that people have the opportunity for meaningful, timely, and informed participation in the development of plans and programs that may affect them. Participation should be broad enough to include those who lack formal organization or influence, especially underrepresented communities and marginalized people. Attention and resources should be given to issues of equity, diversity, and inclusion and should reflect the diversity of the community.
  3. Promote excellence in design. Conserve and preserve the integrity and heritage of the natural and built environment. Use principles of sustainability and resilience as guiding influences in our work.
  4. Identify the human and environmental consequences of alternative actions including the short and long-term costs and benefits. Identify social and cultural values which should be preserved as well as natural elements.
  5. Enhance our professional education and training in our career as well as in our ability to work as a participant in the planning process and with allied professionals.
  6. Educate and seek to empower the public about planning issues and their relevance to everyone’s lives.
  7. Describe and comment on the work and views of other professionals in a fair and professional manner.
  8. Respect the rights of all persons and groups and do not discriminate against or harass others.
98
Q

Section A.3. AICP Code of Ethics: People who participate in the planning process shall work to achieve economic, social, and racial equity

A
  1. Create plans that ensure equitable access to resources and opportunities, which, in turn, structure prospects for upward economic mobility, a sense of belonging, and an enhanced quality of life. Recognize our unique responsibility to eliminate historic patterns of inequity tied to planning decisions represented in documents such as zoning ordinances and land use plans.
  2. Seek social justice by identifying and working to expand choice and opportunity for all persons, emphasizing our special responsibility to plan with those who have been marginalized or disadvantaged and to promote racial and economic equity. Urge the alteration of policies, institutions, and decisions that do not help meet their needs.
  3. Recognize and work to mitigate the impacts of existing plans and procedures that result in patterns of discrimination, displacement, or environmental injustice. Plan for anticipated public and private sector investment in historically low-income neighborhoods to ensure benefits defined by the local community. Promote an increase in the supply and quality of affordable housing and improved services and facilities with equal access for all residents, including people with disabilities.
  4. Promote the inherent rights of indigenous people and work with indigenous peoples on developments affecting them and their lands and resources.
99
Q

Section A.4. AICP Code of Ethics: People who participate in the planning process shall safeguard the public trust.

A
  1. Deal fairly with all participants in the planning process.
  2. Exercise fair, honest, skilled, informed, and independent professional judgement.
  3. Do not let any official action be influenced by personal relationships.
  4. Serve as advocates for the public or private sector only when the client’s objectives are legal and consistent with the public interest.
  5. Avoid a conflict of interest or even the appearance of a conflict of interest in accepting assignments from clients or employers.
  6. Disclose to the public all personal and pecuniary interests, considered broadly, that a participant, serving as an advisor or decision-maker, may have regarding any planning process decision to be made. If at all possible, abstain completely from direct or indirect participation as an advisory or decision-maker in any matter in which there is a personal or pecuniary interest, and leave any chamber in which such a matter is under deliberation.
  7. Neither seek nor accept any gifts or favors, nor offer any, under circumstances in which it might reasonably be inferred that the gifts or favors were intended or expected to influence a participants objectivity as an advisor or decision-maker in the planning process.
  8. Do not participate in any matter unless adequately prepared and able to render thorough and diligent services.
  9. Do not deliberately commit a wrongful act which reflects adversely on the planning process.
  10. Do not seek business by stating or implying the ability or willingness to influence decisions by improper means.
  11. Expose corruption wherever discovered.
100
Q

Section A.5. AICP Code of Ethics: Practicing planners shall improve planning knowledge and increase public understanding of planning activities.

A
  1. Contribute to the development of, and respect for, our profession by improving knowledge and techniques, and sharing the results of experience and research that contribute to the body of planning knowledge. Make work relevant to solving community problems and increase the public’s understanding of planning activities.
  2. Examine the applicability of planning theories, methods, research, and standards to the facts and analysis of each particular situation and do not accept the applicability of a customary solution without first establishing its appropriateness to the situation.
  3. Strive to achieve high standards of professionalism, including integrity, knowledge, and professional development. Obtain professional certification throughout one’s planning career and for those that are members of AICP, comply with Certification Maintenance requirements.
  4. Expand recognition of the value of AICP and FAICP credentials and acknowledge those who achieve and maintain it.
  5. Commit to the advancement of the planning profession. Contribute time and resources to the professional development of students, interns, beginning professionals, and other colleges. Increase the opportunities for members of underrepresented groups to enter and succeed in the profession, and to achieve AICP certification.
  6. Contribute time and effort to our communities, particularly to those groups lacking in adequate planning resources, through pro bono planning activities.
101
Q

Section B AICP Code of Ethics: Quality and Integrity of Practice

A
  1. We shall not deliberately fail to provide adequate, timely, clear, and accurate information on planning issues.
  2. We shall not accept an assignment from a client or employer when the services to be performed involve conduct that we know to be illegal or in violation of this code.
  3. We shall not accept work beyond our professional competence, but may with the understanding and agreement or the client or employer, accept such work to be performed under the direction of another professional competent to perform the work and acceptable to the client or employer.
  4. We shall not accept work for a fee, or pro bono, that we know cannot be performed with the promptness required by the prospective client, or that is required by the circumstances of the assignment.
  5. We shall not direct or pressure other professionals to make analyses or reach findings not supported by available evidence.
  6. We shall not deliberately commit any wrongful act, whether or not specific in the Rules of Conduct, that reflects adversely on our professional fitness or the planning profession
102
Q

Section B AICP Code of Ethics: Conflict of Interest

A
  1. We shall not, as public officials or employees, accept from anyone other than our public employer any compensation, commission, rebate, or other advantage that may be perceived as related to our public office or employment
  2. We shall not perform work on a project for a client or employer if, in addition to the agreed upon compensation from our client or employer, there is a possibility for direct personal or financial gain to us, our family members, or persons living in our household, unless, a) our client or employer, after full prior written disclosure from us, consents in writing to the arrangement; and b) we make full disclosure of the potential conflict part on the public record at every public meeting and in all written reports related to the work.
103
Q

Section B AICP Code of Ethics: Improper Influence/Abuse of Position

A
  1. As public officials or public employees, we shall not engage in private communications with planning process participants if the discussions relate to a matter over which we have the authority to make a binding, final determination.
  2. We shall not engage in private conversations with decision makers in the planning process in any manner prohibited by law or by agency rules, procedures, or custom.
  3. We shall not solicit prospective clients or employment through the use of false or misleading claims, nor shall we, in the conduct of our work, imply an ability to improperly influence decisions.
  4. We shall not use the power of any office to seek or obtain a special advantage that is not a matter of public knowledge or is not in the public interest.
104
Q

Section B AICP Code of Ethics: Honesty and Fair Dealing

A
  1. We shall not disclose or use to our advantage, nor that of a subsequent client or employer, information gained in a professional relationship that the client or employer has requested to be held inviolate or that we should recognize as confidential because its disclosure could result in detriment to the client or employer, except when disclosure is required: 1. by process of law; or 2. to prevent a clear violation of law; or 3. to prevent a substantial injury to the public.
  2. We shall not deliberately misrepresent the qualifications, views, and findings of other professionals.
  3. We shall not misstate our education, experience, training, or other facts which are relevant to our professional qualifications.
  4. We shall not use the product of others’ efforts to seek professional recognition, credit, or acclaim intended for producers of original work.
  5. We shall not fail to disclose the interests of our client or employer when participating in the planning process. Nor shall we participate in an effort to conceal the true interests of our client or employer.
105
Q

Section B AICP Code of Ethics: Responsibility to Employer

A
  1. We shall not, as employees, undertake other employment in planning or a related profession, whether or not for financial renumeration, without having made full written disclosure to the employer who furnishes our pay and having received subsequent written permission to undertake additional employment, unless our employer has a written policy permitting such employment without consent. In no case shall a planner engage in any outside work that would create an actual conflict of interest.
  2. We shall not accept an assignment from a client or employer to publicly advocate a position on a planning issue that is significantly different to a position we publicly advocated for a previous client or employer within the past three years unless 1. we determine in good faith our change of position will not cause present detriment to our previous client or employer, and 2. we make full written disclosure of the conflict to our previous and current client or employer.
106
Q

Section B AICP Code of Ethics: Discrimination/Harassment

A
  1. We shall not commit or ignore an act of discrimination or harassment.
107
Q
A