H STQ Flashcards
(1) An application for a large proposed development has been received by the planning
department. The location of the proposed development is in an area where many of the
residents are at or below the poverty level. The development could displace some of
these residents. In addition to the required mailed and newspaper notice, what other
actions by the planning department to involve the community would be MOST
EFFECTIVE?
I. Identify the area’s community leaders and enlist their assistance in creating public
participation venues.
II. Post notices of the application at locations frequented by the area’s residents, such as
grocery stores, post offices, churches, etc.
III. Encourage the local newspaper to publish stories about the application.
IV. Create a page on the planning department’s web site that describes the application.
A) I & II
B) I & IV
C) II & IV
D) III & IV
The correct answer is “A”
The key to this question is the “at or below poverty level”. It is unlikely that using the newspaper or
having a page on the website is going to reach very many of the residents who are probably living
on the subsidence wages or assistance. Community leaders and posting at frequented local sites
would be most effective.
(2) The city council has directed the planning director to recommend techniques that
will help fund new capital facilities necessitated by new growth without draining the
city treasury in a manner consistent with managing growth. The council appears
interested in exploring ways of shifting the costs of providing public facilities to
developers. There is some confusion about the nature of these techniques, their
feasibility, and their legal permissibility. You are expected to clarify things. Which of the
following statements is correct?
A) Both land dedication requirements and fees-in-lieu-of-dedication requirements are types of
exactions that lend themselves to both on-site and off-site applications.
B) An impact fee system is constitutionally sufficient if the city can show that the fees it charges
are such that each developer bears no more than its proportionate share of the costs of
providing public facilities needed to serve new growth, and the public facilities funded with
the fees are provided in such a way as to be available for use by all city residents.
C) Developers in jurisdictions that use impact fees generally favor dividing the jurisdictions into
service areas (within or for which the funds must be spent) that are smaller and more
numerous. Public works directors, operating departments, and finance directors favor fewer,
larger districts.
D) Experience has shown that a local government that has established a system of impact fees
can expect these funds to be sufficient to fund entirely those public facilities for which they
are earmarked; supplemental capital improvement funding from other revenues is typically
not needed.
The correct answer is “C”.
The fees that developers pay are then more likely to be used for facilities located closer to their
projects, thus providing more direct benefit to those who will purchase property in or use their
projects. Finance directors, public works directors, and representatives of operating departments are
more likely to be interested in flexible arrangements that allow funds to be spent for a variety of
projects in a larger district. It is also true, however, that funds may accrue and be expended more
quickly for projects in larger districts. Developers are also interested in faster project funding. Land
dedication requirements do not lend themselves to off-site applications because there is no
guarantee that the developer will own or control suitable sites for dedication at other locations.
Public facilities funded with the fees must provide sufficient benefit for the residents or users of the
development or, viewed differently, defray the costs that new development would otherwise impose
on government. Impact fees must almost inevitably be supplemented by other revenues.
(3) North-South Partners have submitted a site plan for a recreational complex that will
include a fitness center, a swimming pool, other sports facilities, a restaurant, and a
club venue for live entertainment. The city is interested in requiring the developer to
provide a special access road, certain improvements on perimeter roads, certain
intersection improvements, and some off-site traffic lights and related facilities, at least
to the extent the law permits. The legal principles from which one of the following cases
are the most applicable?
A) Nollan v. California Coastal Commission
B) Citizens to Protect Overton Park, Inc. v. Volpe
C) Construction Industry Ass’n of Sonoma County v. City of Petaluma
D) Dolan v. City of Tigard
The correct answer is “D”.
The key questions here concern the principles concerning developer exactions. The Overton Park
case concerns the location of highway corridors. Petaluma concerns the use of a growth
management program establishing permit quotas. Nollan concerns the relationship between a
government permitting requirement and a permissible governmental objective. That’s not an issue
here because arranging for road-related improvements as a condition of development permission is
undoubtedly within the scope of a local government’s power. Dolan concerns the extent to which
the requirements are appropriately related to the scope and impact of the development project.
(4) The Planning Director of a major metropolitan planning department has previously
talked to one of his senior planners about his less than acceptable work performance.
Over the next two months the problem seemed to be getting worse, not better. Again,
the Director informally mentioned his concerns to the employee. The problem persists.
What is the next action the Planning Director should take?
A) Talk to employee informally one more time.
B) Talk to the employee with a witness.
C) Compare the employee’s performance to other employees in the same position.
D) Meet privately with the employee and go over his job description and the department’s
expectations.
The correct answer is D)
(5) Bart recently added an attached garage to his existing single-family house. Now it
turns out that the garage violates the ordinance’s side-yard setback requirement. If Bart
now applies for a variance, the board of adjustment should deny it for which of the
following reasons?
A) Because use variances are illegal in most states.
B) Because any hardship Bart claims was self-imposed.
C) If the planning staff is in the process of developing proposed ordinance revisions which will
alter the side-yard setback standard in this district.
D) Because owners of property abutting Bart’s signed a petition opposing the application.
The correct answer is “B”.
(6) Siting landfills and other waste handling facilities has become increasingly difficult
due to public opposition stemming from real and perceived health risks from waste
management operations such as incinerators, landfills, and/or recycling facilities. All of
the following are true about planning for waste handling facilities EXCEPT?
A) The planning and regulatory process should address issues of Environmental Justice.
B) Land disposal is the most desirable means of managing solid and hazardous waste.
C) The location of waste management facilities should be part of a comprehensive planning
process that includes opportunities for meaningful citizen input and consensus.
D) Ethical planners will enable the whole community, including low income and minority
populations, to participate in siting waste management facilities.
The correct answer is “B”.
Land disposal is the LEAST desirable means of managing solid and hazardous waste. The other
answers are correct.
(7) Assume that you are the director of a local planning agency, and that you recognize
the interdependency of the chief executive, the planning agency, operating departments
and independent boards and commissions. In a hypothetical situation, a proposed
expansion of a county airport and adjacent industrial areas is in opposition to the
planning agency’s proposal for a regional park location. The planning agency believes
there are unique circumstances and sound reasons for preferring the regional park
proposal along with future relocation of the airport to another site in the county. Which
of the following strategies would likely place you, as the planning director, in the least
effective coordinating role in resolving the conflict?
A) Attempting to have the planning agency solely responsible for additional studies and
recommendations
B) Directing planning agency staff to discontinue all studies of this issue and direct all inquiries
regarding this matter to the director
C) Recommending the study control be given to the staff of the chief executive’s office
D) Soliciting support of other departments and agencies for the planning agency’s regional park
proposal.
The correct answer is “C”.
(8) The City of Norwell is an incorporated municipal government within the state. The
following passage is contained in the specific state’s zoning enabling legislation: “Any
increase in area, frontage, width, yard or depth requirements of a zoning ordinance shall
not apply to a lot for single- and two-family residential use which at the time of
recording or endorsement, whichever occurs sooner, was not held in common ownership
with any adjoining land, conformed to then existing requirements, and has less than the
proposed requirement but at least 5,000 square feet of area and 50 feet of frontage.”
All development proposals conformed to zoning at the time of any subsequent zoning
changes. However, a multi-family structure on a one-acre lot filed for approval after
residential zoning increased to two acres. It:
A) Is protected from zoning change
B) Is not protected from zoning change
C) Requires special permit for protection
D) Insufficient information to answer question
The correct answer is B)
A multi-family structure is typically defined as a structure containing three or more dwelling units.
The enabling legislation provides protection to two-family dwellings. Based upon the provided
information, the multi-family structure is not protected from the zoning change.
(9) As planning director for a large industrial community, you are concerned about the
possibility that a chemical manufacturing plant in your city may be producing new
chemicals that could threaten the city’s drinking water supply. The owners of the plant
have refused to cooperate with your request for information on the toxicity of the new
chemicals. Which of the following is a good source of information on the threats posed
by the chemicals?
A) The Safe Drinking Water Act (SDWA)
B) The Clean Water Act (CWA)
C) Federal Insecticide, Fungicide and Rodenticide Act (FIFRA)
D) Toxic Substances Control Act (TSCA)
The correct answer is D)
The TSCA regulates the use of new and existing chemical substances and mixtures. Manufacturers
of new chemical substances must notify EPA through the submittal of a pre-manufacture notice at
least 90 days prior to commencing manufacture or import of the substance for non-exempt
commercial purposes.
(10) An electric company is interested in building a power plant on several thousand
acres of waterfront property owned by the county that the firm has in escrow. The
general plan designates the area “Open-Space”. The electric company files a plan
amendment to re-designate the land “Heavy Industrial”. The planning director, a
“Certified Planner”, is not in support of the amendment, feeling that the property should
remain a community amenity. The county commissioners disregard the director’s
recommendation for denial and approve the amendment noting that there is an energy
crisis. A neighborhood group files a lawsuit against the county. The planning director
provides copies of public information to the group’s attorneys. Later, he testifies in court
about the value of the property as a community amenity. Concerning the director’s
actions all of the following statements are true except?
(A) The director acted to protect the natural environment.
(B) It was unethical for the director to testify in court.
(C) The director provided copies of public information pursuant to disclosure laws.
(D) The director was concerned about for the long-range consequences of the land use change.
The correct answer is “B”.
Testifying in court is not unethical. One may make the assumption that the director was summonsed
by subpoena.
(11) In planning for new development, demands on infrastructure must be considered.
Planners should consider which of the following?
I. Demand for water under worst case fire scenario
II. Typical demand for water
III. Use of roads near the site
IV. Depth and velocity of flow in sewer mains
A) I & II
B) II & III
C) II & IV
D) I, II, III & IV
The correct answer is “D”
Planners estimate the demand for water under various conditions, use of sewer facilities, and use of
roads when planning for new development.
(12) The Mayor established a citizen’s advisory group to provide recommendations to
the Town Council on the siting of new religious institutions within the rural community
that includes an agricultural reserve area. The planning staff has been asked to help
support the advisory group on the requirements and restrictions allowed under the
federal Religious Land Use and Institutionalized Persons Act (RLUIPA). Which of the
following draft recommendations would you identify to discuss with the citizen’s
advisory group as potentially being problematic under RLUIPA:
I. Exclude all religious institutions from the central business district
II. Establish a minimum 1,000-foot buffer requirement between nonagricultural, nonresidential
uses in an agricultural district “to protect, preserve, and enhance the rural character and
lifestyle of existing low-density areas and agricultural use”
III. Establish a conditional use approval process for religious institutions
IV. Require religious homeless shelters to comply with the town’s building code
(A) I
(B) III
(C) I, III
(D) I, II, III, IV
The correct answer is (B)
RLUIPA cautions local governments not to “substantially burden” a religious land-use applicant’s
right to free exercise. To date, the courts have generally found that the government did not
substantially burden the religious land-use applicant in three broad categories where:
1. General zoning and land-use restrictions apply to everyone.
EXAMPLE: Establishing a minimum 1,000-foot buffer requirement between nonagricultural,
nonresidential uses in an agricultural district “to protect, preserve, and enhance the rural
character and lifestyle of existing low-density areas and agricultural use”
2. Churches are excluded from some districts.
EXAMPLE: Excluding all religious institutions from the central business district
3. General review processes apply to everyone.
EXAMPLE: Requiring religious homeless shelters to comply with the town’s building code
(like everyone else)
LEGALLY PROBLEMATIC: Establishing a conditional use approval process for religious institutions
(thereby treating them differently)
SOURCE: APA’s Religious Institutions; “Zoning Practice” (October 2010); APA’s Religious
Institutions; “Zoning Practice” (September 2008); APA’s Planning and Urban Design Standards
(2006); p. 586
(13) A mayor has informed a planning director that there is currently no documentation
process for the planning department’s achievements. In response to this situation, the
planner should do which of the following?
A) Establish a public relations campaign
B) Hold a series of meetings with the city council
C) Implement a program-monitoring system
D) Commit to sending quarterly reports to the mayor
The correct answer is “C”
Monitoring is an essential step in the planning process. It documents progress and provides a
mechanism for collecting feedback and revising the plan as needed. The other three methods, while
not precluded, are not an integral part of the planning process.
From: The Practice of Local Government Planning, 1988; p. 11.
Questions (14) through (17) pertain to the following scenario:
Having recently completed a major rezoning project undertaken to implement your municipalities
revised Comprehensive Plan, you were pleased but surprised by an employment offer as a project
planner from John Developer, a well-known local builder with strong personal ties to the city’s
mayor. You take the job. Mr. Developer owns 2 parcels for which you are now designing projects: a
1.2 acre parcel of land zoned for multi-family residential (9-16 du/ac) adjoining an arterial street
and, nearby but not adjacent to an abandoned railroad r.o.w. (35’ wide by 620’ long) through the
center of a large block of 100+ year old single family homes on 1/2 acre and larger lots. The first
site is in the area that was recently rezoned and Mr. Developer strongly supported your earlier
rezoning recommendation. The half-acre minimum zoning on the second site was not changed
(14) Assuming that Mr. Developer’s project will be served by a dead end street 50 feet
wide and 240 feet long, what is the maximum number of dwellings that can build on his
1.2 acre parcel?
A) 11
B) 14
C) 15
D) 16
The correct answer is “B”
The calculation is: 1.2 ac. x 43560 sf/ac = 52,272 sf – (50 ft x 240 ft) = 40,272 sf
40,272 sf / 43,560 sf/ac = 0.925 ac
0.925 ac X 16 du/ac = 14.79 du
14.79 is rounded down to 14 permitted dwelling units.
(15) The railroad right-of-way flares out at one end just enough to meet the minimum
lot width requirement of 50 feet for existing lots. However, you discover that the
historic home you propose to move on to the site would encroach into the required side
yard by about 6 inches. You:
A) Don’t tell the new city planner because anyone could be off by 6 inches.
B) Tell Mr. Developer to ask the Mayor for a variance.
C) Apply for a variance because there is a hardship pertaining to the lot.
D) Shave 6 inches off of the house.
The correct answer is “C”
The width and shape of the lot may be considered a hardship that is unique to this particular piece
of property and thus grounds for the granting of a variance.
(16) If you were to apply for a variance for the above move-on house, on what grounds
would you claim that a variance should be granted?
I. The unusual shape of the site precludes designing a new home which would meet yard
requirements.
II. The move-on home has been declared historically significant by the city and must be saved
at any cost.
III. The proposed variance constitutes only a minor encroachment and will not alter the
character of the neighborhood.
IV. Both the area of the site and its proposed development are consistent with that of other lots
in the immediate vicinity.
A. I only
B. II, III and IV only
C. III and IV only
D. I, II, III, and IV only
The correct answer is “C”
It would be difficult to prove that it is impossible to design a house for this lot and, in and of itself,
difficulty in meeting zoning requirements is not adequate for the grant of a variance, so I is not
correct. Response II is not grounds for grant of a variance because it does not pertain to the
property involved. Responses III and IV reflect required findings for the grant of a variance, so
answer C is the correct one.
(17) Both projects are on the same hearing agenda. You should:
A) Ask Mr. Developer to make the presentations because it would be improper for you to do so
B) At the hearing, ask for a continuance of the move-on project so that it can receive your full
attention at a later date.
C) Prepare carefully for both cases, recognizing that your integrity is likely to be an issue.
D) Both A and C
The correct answer is “C”
There is no reason that both cases cannot be heard at the same time.
(18) Although “mobile home parks” are allowed in the town’s R-A district, all parks that
are non-conforming with respect to any of the current mobile home park development
standards for that district must conform within seven years. This type of requirement is
an illustration of:
A) A temporary taking.
B) The abatement of a nuisance.
C) Equitable estoppel
D) Amortization.
The correct answer is “D”.
(19) The City of Lancaster recently completed a comprehensive inventory of the
vegetative resources within its corporate boundaries. The inventory uncovered the
presence of three rare and endangered plant species, according to the state office of
natural resources. Which of the following techniques would be best suited for
protecting these species from encroaching development?
A) Overlay zoning district
B) Prohibition of various uses and structures
C) Subdivision road construction standards
D) Downzoning
The correct answer is A)
Of the four choices, the most appropriate technique for protecting the rare and endangered species
is the adoption of an overlay zoning district. The district would overlay the Town’s existing zoning
map and regulate specific areas for the protection of the plant species. The overlay approach is
more refined, and thus more appropriate than simply prohibiting specific uses in the zoning
ordinance without benefit of an overlay map.
(20) The City of Westchester is experiencing rapid division of its undeveloped parcels.
As planning director, you have been asked to draft revisions to the comprehensive plan
that would lay the foundation for slowing the city’s growth. The Mayor has asked you to
determine the most appropriate technique for reducing the number of lots that can be
built upon within any 12 month period. You would most likely recommend the following
growth management technique:
A) Transfer of development rights
B) Cluster development
C) Subdivision phasing
D) Building permit moratorium
The correct answer is C)
Subdivision phasing allows Westchester to limit the number of lots within a subdivision that are built
upon in any specified period of time. This is a useful technique within specific areas of a community
in that it allows the city time to prepare for the impacts/needs of future growth. Note that
subdivision phasing regulations do not necessarily limit the total number of lots built upon city-wide.
Rather, this technique focuses on particular regions or areas of the City where growth control is
desired. For example, if development within certain roadway corridors is exceeding the goals of the
comprehensive plan, subdivision phasing may be an appropriate technique for slowing growth
patterns along those corridors.
(21) A senior planner is preparing a report for a proposed General Plan Amendment to
facilitate an “affordable” multiple family project inside the Central Business District. The
hearing notice generated moderate community protest over the proposed change. Some
council members are leaning toward approval since the community needs affordable
housing, but are concerned about how to justify their affirmative votes. Under these
circumstances which of the following represents the BEST recommendation for staff to
make?
A) A recommendation for “denial” would protect the Council from further public dissent.
B) A recommendation for “approval” supported by a discussion of the current housing shortage
and the need for affordable housing.
C) A recommendation for “denial” indicating that approve of residential uses in a commercial
area would be poor planning.
D) A recommendation for “approval” supported by describing ways new residential areas in the
CBD would have positive effects on the vitality of the downtown.
The correct answer is “B”.
Although answer “D” could also be correct, the urgent need for housing, and especially affordable
housing, would provide the Council with the best reason for approving the land use change
(22) Mark was asked by the local Chamber of Commerce to present his views on
economic development versus environmental protection, a topic of great debate in the
community. As planning director, Mark has developed a reputation of being an
environmentalist, often at odds with the Chamber. Moreover, Mark’s job is in serious
danger as the planning board lost three of Mark’s strongest supporters in yesterday’s
election, a week after he agreed to speak before the Chamber.
Before the election, Mark had intended to focus on environmental protection from a
naturalist’s viewpoint. Now, with his job in jeopardy, Mark has decided to shift his focus
to the economic benefits of environmental protection. Which of the following best
characterizes his decision?
A) In violation of the AICP Code of Ethics
B) In violation of the AICP Ethics Advisories
C) Not in violation of an AICP Code or Advisory
D) Both A) and B)
The correct answer is C)
Mark is not in violation of any AICP Code or Advisory, and is using good judgement, given his
audience and his delicate relationship with the community.
(23) The Town of Santa Clara is experiencing unusually rapid subdivision of its
remaining coastal properties. The Town Council has requested that as planning
director, you prepare a memorandum outlining whatever options the town has to ensure
that public access to the coast is retained, even after the remaining parcels are
subdivided and built upon. Your memorandum is likely to include a discussion regarding
which of the following “tests”?
A) Taking without compensation test
B) Rational nexus test
C) Fair share test
D) Affordable housing test
The correct answer is B)
Your memorandum is likely to include a discussion of the rational nexus test. This test requires a
rational or logical connection between a regulation and its goal or intent. Highlighted in Nollan v.
California Coastal Commission, the rational nexus test evaluates the connection or nexus between a
regulation requiring public access to the water and the Town’s goal of ensuring public access to the
coast for present and future generations.
(24) Port Elizabeth is situated on a bay not more than a few miles from the ocean. The
town has a long but undistinguished history as a small manufacturing port and fishing
village. More recently, its harbor has attracted those interested in water sports and
some entrepreneurs interested in capitalizing on the town’s increasing tourist trade. The
town board has become image-conscious and has come to the view that improving the
community’s appearance makes for good business. One priority is to revise the
provisions of the old sign regulations so as to prohibit billboards throughout town. The
board is also interested in working up regulations for the waterfront district that would
require each applicant for a building permit for a commercial building in the waterfront
district to submit architectural and building plans so that the planning board may
determine whether the proposed development is “compatible with the character of
commercial structures located within the waterfront district.” Which one of the
following statements is true?
A) Standards for reviewing architectural plans or exterior building changes based on
“compatibility” or “congruity” may be called “contextual” standards and can be applied by
referring to the character of the physical environment of the neighborhood.
B) Because of the sensitive nature of architectural review, because of the subjective nature of
judgments about community appearance, and because regulation solely for aesthetic
purposes has only rather recently been found by the courts to be within the scope of the
police power, local government architectural review must be conducted only by the local
legislative body.
C) In order to ensure that the systems for allowing architectural review by an architectural
review board or historic preservation commission do not amount to an unconstitutional
delegation of legislative authority, the emerging trend is for courts to require legislative
boards to adopt more precise, concrete standards to guide and limit the approving board’s
discretion.
D) Recent court cases have expanded the application of the right of free speech to outdoor
advertising with the result that although a city may restrict newly-erected commercial offpremises advertising signs, it is not permissible to ban entirely such signs within a city’s
jurisdiction.
The correct answer is “A”.
However, many appearance standards are written so that they apply to individual buildings or sites
without any direct reference to the character of neighboring properties. For “B”, all of the
propositions are true, but that does not mean that architectural review must be conducted by the
legislative body. It may be conducted by an administrative board if proper safeguards are used. For
“C”, the emerging trend in administrative law is to emphasize procedural safeguards to protect the
applicant and to deemphasize the need for specific decision-making standards. For “D”, although the
free speech doctrine does apply to commercial advertising, city-wide bans on commercial offpremise signs have been upheld.
(25) The mayor is asking you, the Planning Director, to implement a new Smart Growth
program for the community. Your recommendations would likely focus on development
in which of the following areas?
I. Grayfields
II. Greenfields
III. Compositional zoned areas
IV. Zombie subdivisions
A) I
B) I & II
C) I & IV
D) II & III
The correct answer is “C”
Grayfields describe economically obsolescent, outdated, failing, moribund and/or underused real
estate assets or land, such as vacant malls. Zombie subdivisions are unfinished subdivisions, often
with utility pipes poking up, driveways and sidewalks to nowhere, and tidy homes surrounded by
acres that nature is reclaiming. Both of these areas are prime candidates for additional Smart
Growth development as much, or all, of the needed infrastructure is already in place. Greenfields,
however, are undeveloped land in a city or rural area either natural, being used for agriculture, or
open space, usually absent the needed infrastructure needed for extensive development.
Compositional zoning relates to the pressures and temperatures effects associated with volcanoes,
or crystalline melting equilibrium known as concentric zoning.
(26) The County Administrator calls you, the Planning Director, to his office to discuss
the emerging safety issues surrounding the proliferation of digital billboards along
major thoroughfares in the county that are increasingly experiencing major accidents
due to distracted drivers. Among the safety solutions you consider, you should include
regulations addressing:
I. The restriction of the most distracting subject of messages that can be displayed.
II. The prohibition of digital billboards along major roads in the community.
III. The control of billboard luminance.
IV. The control of message sequencing.
A) I & II
B) I, III, IV
C) II
D) III, IV
The correct answer is “D”
The first two answers risk the likelihood of raising First Amendment industry challenges (whether
successful or not). However, study after study provides evidence of driver distraction being created
by digital billboards (except for industry funded studies which indicate that they do not increase the
number of crashes). The third and fourth answers both are reasonable approaches to help address
these distractions.
http://www.planning.org/planning/2011/mar/digitalbillboards.htm
(27) The head of a division in a public planning agency has a professional staff person
whose job performance is not satisfactory. The division’s head has casually mentioned
the problem to the person previously, but now feels that the problem should be
discussed formally in order to correct the situation. At the first formal meeting between
the two, all of the following should be discussed EXCEPT:
A) The person’s interest in the job
B) The person’s perception of the problem
C) A suggestion that together they prepare job objectives for the person
D) A comparison of the person’s performance to that of other employees
The correct answer is “D”
An employee’s performance should be evaluated in comparison with standards, goals and targets,
not in comparison with other people.
www.inc.com/jeff-haden/how-not-to-deliver-employee-evaluations.html
(28) The planning director of a small city wants to get as much public input as possible
on a city-wide study. Which of the following would be the LEAST effective method of
stimulating public participation?
A) Contacting neighborhood leaders, advising them of the study, and asking them to report
neighborhood reaction
B) Completing the study, printing the final report, and asking for public comments on it
C) Preparing press releases that give the general scope of the study and asking for comments
from the general public
D) Offering to address interested neighborhood or other civic groups on the subject of the
study
The correct answer is “B”
Public input must be a part of the process of creating a city-wide study, not an afterthought. By the
time the final report is printed, there is no MEANINGFUL opportunity for input.
(29) City A has received an application that requires property owners within a certain
radius from the boundaries of the application’s property to be noticed. The application’s
property is located on the municipal boundaries that separate City A and City B. Which
of the following would be the MOST appropriate noticing process?
A) Notice only the properties within City A
B) Notice all properties within the prescribed noticing radius
C) Forward the application to City B; let their staff decide if noticing of City B property owners
should occur
D) Forward the application to City B’s staff and ask for their comments
The correct answer is “B”
Although the letter of the law might support limiting noticing only to City A properties, it would be
presumptuous to assume that any impact on City B properties will not occur. Also, relying on City B
staff may eliminate City B property owners’ notification and participation.
(30) An ad hoc residents’ group has formed in opposition to a planning matter; the
group claims to represent over 90% of the properties affected by the planning matter.
What action should a professional planner take when this group participates?
A) Assume that the ad hoc group speaks for the majority of the community and focus on their
comments when making a recommendation
B) Ascertain which property owners are not part of the ad hoc group and urge them to form a
similar ad hoc group
C) Treat the ad hoc group’s comments and position as one of many interested parties’ input
D) Investigate the ad hoc group’s membership to determine if they really represent who they
claim to represent
The correct answer is “C”
The responsibility of the professional planner is to identify facts from opinions and therefore should
not assume that the weight of numbers is a determining factor for a professional planner’s
recommendation.
(31) A consulting planner has been asked by a private consultant to work for them and
provide an opinion on a development that the planner previously oversaw from the
public perspective. What is one thing the planner should do?
A) Decline the consulting assignment
B) Disclose the prior work and receive written permission to proceed
C) Publish a statement of intent in the local newspaper
D) Discuss the issue with colleagues in the planning office
The correct answer is “B”
Rule 3 of the code requires this if this work could result in a changed opinion: “We shall not accept
an assignment from a client or employer to publicly advocate a position on a planning issue that is
indistinguishably adverse to a position we publicly advocated for a previous client or employer within
the past three years unless (1) we determine in good faith after consultation with other qualified
professionals that 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 current client or employer
and receive written permission to proceed with the assignment.”
(32) The planning director is asked to play in a charity golf tournament sponsored by
the local Chamber of Commerce. The director should:
(A) Decline the invitation
(B) Ask the mayor for permission to play
(C) Accept the invitation
(D) Discuss the situation with the AICP Ethics officer
The correct answer is “C”
As many local business leaders will be at this event, and as participating in charity events typically
involves making a contribution to support the charity, it does not represent a conflict of interest (as
opposed to accepting a private invitation to a non-charity subsidized golf round from one specific
business leader, which would represent a likely conflict of interest).
(33) As the new planning director for a small community, you are about to commence
with a wholesale revision to the Town’s outdated comprehensive plan. Unsure as to who
the “players” are in town, you propose a meeting with the planning commission and the
Mayor in executive session before inviting the public to participate in the process. Under
state law, an executive session for this purpose is not permitted. The most logical
explanation for this prohibition is based on principles of:
A) Equal protection
B) Substantive due process
C) First amendment protections
D) Procedural due process
The correct answer is D)
Procedural due process, as embodied in the Fourteenth Amendment to the U.S. Constitution,
provides protection against unfair process where an individual’s life, liberty, or property is
concerned. If the state statute prohibits the type of meeting discussed via an executive session, the
most likely explanation is that the legislature has determined that the public’s right to be informed of
this type of meeting outweighs any public benefit of allowing officials to meet literally in secret.
Other procedural due process protections include right of notice, right to be heard during a public
forum or meeting, and various appeal options generally established by state law.
(34) The planning commission is considering a change to a local zoning regulation. A
commission member has asked you whether he may interview local business
representatives about their thoughts and concerns on the proposed change outside of
the public hearing process. Your advice concerning the member’s legal obligation is:
A) Do not discuss the proposed zoning change with anyone unless it is during the public
hearing
B) You may discuss the proposed zoning change outside of the public hearing as long as you
repeat the substance of those conversations during the public hearing
C) You are free to discuss the proposed zoning change with anyone, either during or outside of
the public hearing
D) You may discuss the proposed zoning change outside of the public hearing as long as you
provide a written summary of all conversations
The correct answer is C)
Because adopting a zoning change is a legislative action, the member is free to discuss the matter
outside of the public hearing process. While it would be helpful to the public to summarize the
substance of those conversations during the public hearing, either orally or in writing, it is not legally
required. In an alternative situation, discussions about pending adjudicatory matters must be
conducted during the public hearing process.
(35) On June 1, 1990, the Carlisle City Council rezoned 1,000 acres of land in the city
from industrial to residential due to their understanding that the 1,000 acres lie within
the recharge area to the city’s public drinking water wellfields. Mr. Smith owns 250
acres within this tract, 50 of which contain light manufacturing facilities. The remaining
200 acres owned by Mr. Smith are vacant. On September 15, 1990, Mr. Smith filed a
series of building permit applications for new industrial developments within his 250
acres. The building official will most likely do which of the following?
A) Approve his applications, subject to compliance with building codes
B) Deny his applications and require a special exception
C) Deny his applications
D) Refer his applications to the planning board
The correct answer is “C”
On June 1, 1990, Mr. Smith’s land was rezoned from industrial to residential. Applications for
building permits for industrial development on residentially-zoned land would be denied.
(36) As the planning director for a large urban community, you are interested in the
risks posed by the chemical manufacturing plant located in the abutting city. What is
the federal law regulating the chemical plants use of hazardous materials?
A) The Emergency Planning and Community Right to Know Act
B) Resource Conservation and Recovery Act
C) Safe Drinking Water Act
D) Clean Air Act
The correct answer is “A”
The Emergency Planning and Community Right to Know Act regulates 366 toxic, reactive, volatile,
dispersible and flammable chemicals that can cause serious irreversible health effects from
accidental releases.
(37) A new large-scale retirement community that includes an 18-hole golf course is
being planned in the sandy inlet area along the coast. The project will require the filling
of the marsh areas near some of the estuaries and lakes that will be incorporated into
the project. Considerable land will be cleared for the construction of the dwelling units,
the clubhouse and related areas and the course. Unfortunately the timbering operations
will substantially impact the habitat of a bird that is an endangered species. Which of
the following statements is not correct?
A) If the head of a state coastal zone management program that qualifies under the federal
Coastal Zone Management Act objects to the project, the Army Corps may not issue a
section 404 permit unless the U.S. Secretary of Commerce overrules the state on the
grounds that the proposed activity is consistent with the federal coastal zone management
program or is necessary in the interest of national security.
B) Under the EPA guidelines that the Army Corps administers when considering whether to
issue a section 404 permit, it may presume that other practicable alternatives are available
to the landowner unless it receives compelling proof to the contrary.
C) Although the Endangered Species Act generally prohibits parties from harming or otherwise
“taking” a species officially listed as endangered, the developer may be able to qualify an
incidental-take permit (ITP), which requires the developer to prepare a habitat conversation
plan (HCP) that minimizes and mitigates the take to the maximum extent possible.
D) If an environmental impact statement is prepared for the project under the National
Environmental Policy Act, and the study finds that adverse environmental impacts will occur,
any federal permit that applies to the project must be withheld.
The correct answer is “D”.
Section 404 permits are subject to consistency determinations under the Coastal Zone Management
Program. Statement B is also correct, at least to the extent that it appears to be true that the
proposed project is not water-dependent. Statement C is also true. Statement D is incorrect
because even if adverse environmental impacts may be identified, those factors do not necessarily
change the legal authority used by a federal agency in approving or disapproving a project.
(38) Prior to public hearing a member of the Town Elders believes he may have a
conflict with respect to a matter before the Elders. Of the following, which represents
the best action for the Elder to take?
(A) Remain in his seat and participate in the discussion including asking questions, but do not
vote on the matter.
(B) Leave the room during the hearing on the particular matter.
(C) Leave the chamber prior to the hearing.
(D) Remain in his seat but do not participate in the discussion, do not ask questions, and do not
vote on the matter.
The correct answer is “C”.
An elected official must make public disclosure of all ”personal interests” they may have regarding
any decision to be made in the planning process in which they serve. “Personal interest’’ must be
broadly de-fined to include a spouse, family member or person living in their household. An elected
official must abstain completely from direct or indirect participation as an advisor or decision-maker
in any matter in which they have a personal interest. The member needs to leave the room entirely
in order to remove any possibly of a challenge based on the member’s “silent” participation through
body language, facial expressions, etc.
(39) You are the principal planner in charge of a program to develop a new general plan
for your city. Recognizing that citizen participation is an important part of the planning
process, you suggest that a citizen’s advisory committee be formed. Of the following
which should be on this committee?
I. Business and professional people.
II. Children and elderly folks.
III. Bankers and developers
IV. Renters, low income, and minority people
(A) I and III
(B) II and IV
(C) I, III and IV
(D) All of the above
The answer is (D)
All citizens should be invited to participate in a comprehensive planning program. Committees
should ideally consist of a cross section of the community and may include senior citizens, children
and socially disadvantaged persons.
(40) The City Council appointed a 12 member Citizens Steering Committee to advise the
Council on an Adult Use Ordinance. It is the senior planner’s job to represent the city as
the sole staff person on the committee. To help facilitate the effectiveness of the
committee which of the following should she do FIRST?
I. Assume the role of committee chairperson
II. Advise the committee to select a chairperson from their own ranks
III. Make a list of discussion topics and tell the group what they should talk about.
IV. Come to the initial meeting and then just drop by every-once-in-a-while on meeting dates to
make sure things are running okay.
(A) I only
(B) II only
(C) II and III
(D) IV only
The answer is “B”.
The first action to take is to give power and leadership to the Committee by advising the members
of the group to select a chairperson from their own ranks.
(41) One of the River Knoll zoning districts calls for single-family residential lot sizes to
be a minimum of five acres in area. A developer owns a sizable undeveloped tract of
land in the town that is so zoned. The land in the vicinity has been developed for high-
value, large-lot, single-family residential development. The town has refused the
developer’s request to rezone the land to any other district. The developer brings suit
against the town claiming an unconstitutional taking of land without compensation. The
principles of which one of the following cases are most likely to be relevant to the
outcome of the case?
A) Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency .
B) First English Evangelical Lutheran Church v. County of Los Angeles
C) Penn Central Transportation Co. City of New York
D) Lucas v. South Carolina Coastal Council
The correct answer is “C”.
It appears that the developer has not been deprived of all beneficial uses of the property. Therefore
the holding in Lucas is inapplicable. The Penn Central case implies a balancing of factors: (1) the
character and extent of the regulation; (2) the extent to which the regulation interfered with
investment-backed expectations; and (3) the impact of the regulation on the property owner. That
analysis would appear to be relevant here. First English concerns the nature of the remedies that
are available to the owner of the property that has been “taken.” Tahoe concerns moratoria.
(42) The Town of Lakewood is an incorporated municipal government within the state.
The following passage is from specific state zoning enabling legislation: “The permit
granting authority may impose conditions, safeguards, and limitations both of time and
of use, including the continued existence of any particular structures but excluding any
condition, safeguard, or limitation based upon the continued ownership of the land or
structures to which the variance pertains by the applicant, petitioner, or any owner.”
According to the preceding paragraph, Lakewood may not include as a condition of the
grant of a variance which of the following?
A) That the applicant reduce the density of the proposed project
B) That the applicant remain the title holder to the parcel in question
C) That the applicant develop a groundwater monitoring program
D) All of the above
The correct answer is B)
The paragraph explicitly states that the variance cannot be conditioned on continued ownership by
the applicant, petitioner, or any owner.
The next two questions (43 & 44) refer to the following information.
The desirability and feasibility of a proposed shopping center are to be evaluated. The primary
concerns are that conditions of the city zoning ordinance be met and that the project be a profitable
venture. The developer owns a 30-acre parcel and proposes to construct a 250,000-square-foot
leasable area with 1,300 on-site parking spaces. The shopping center will serve a trade area that
contains 20,000 households. The average household disposable income is $12,000. The shopping
center will have a 50:50 split of square footage between convenience and shopper’s goods.
(43) Which of the following would be appropriate in a shopping center of this size?
A) A major grocery and a drug store as prime tenants
B) Either a department or discount store as the anchor tenant
C) Three department stores of approximately the same size
D) A series of smaller stores rather than an anchor tenant
The correct answer is “B”
(44) If an average of 400 square feet is needed to accommodate each parking space and
associated driveways, what would be the approximate acreage of the blacktop area of
the site?
A. Less than 10 acres
B. Between 10 and 15 acres
C. Between 15 and 20 acres
D. More than 20 acres
The answer is B)
1,300 parking space x 400 sf/parking space = 520,000 sf
520,000 sf/43,560 sf per acre = 11.9 acres
(45) A planning commission member tells you that she has a conflict of interest with
respect to an adjudicatory matter before the commission. She is seeking your advice
about the level to which she may participate in the matter. You should advise her to:
A) Remain in her seat and participate in the discussion, including asking questions, but do not
vote on the matter
B) Remain in her seat but do not participate in the discussion, do not ask questions, and do not
vote on the matter
C) Leave her seat prior to the hearing and sit in the audience
D) Leave the room during the hearing on the particular matter
The correct answer is “D”
A commission member with a conflict of interest in a particular matter cannot participate, to any
extent, in that matter. This means that the member cannot participate in the discussions, ask
questions, or vote on the matter. While it may be sufficient for the member to leave her seat and sit
in the audience, it is recommended that the member leave the room entirely in order to remove any
possibility of a challenge based on the members “silent” participation through body language, facial
expressions, etc.
(46) The Town of Fresno is an incorporated municipal government within the state. The
following passage is from specific state zoning enabling legislation: “Except where local
ordinances shall expressly permit variances for use, no variance may authorize a use or
activity not otherwise permitted in the district in which the land or structure is located;
provided, however, that such variances, properly granted prior to January 1, 1978 but
limited in time, may be extended on the same terms and conditions that were in effect
for such variance upon said effective date.”
What does the preceding paragraph allow Fresno to prohibit?
A) Area variances
B) Use variances
C) Special permits
D) Cluster subdivisions
The correct answer is “B”
This paragraph requires that Fresno expressly permit use variances if they are to be granted.
(47) You are a planner in a city that has recently opened a new shelter for homeless
people. The shelter opens each evening during the winter and provides a place for
people to sleep during the night in dormitory-style rooms with cots. Some community
members would like the shelter closed because they feel that the large number of
people who congregate on the sidewalks near the shelter as they wait for it to open
pose a threat to public safety. Your planning director decides to address these concerns
by classifying the shelter as a hotel. The planning director knows that the zoning
ordinance specifies that a hotel must provide private sleeping quarters, which the
shelter does not. By classifying the shelter as a hotel, the planning director is taking
steps to close the shelter based on the ground that it is in violation of the zoning
ordinance. What might you do first?
A) Discuss the situation with the AICP Commission.
B) Gather additional information about the situation to be sure you fully understand it.
C) Find alternative locations for the shelter.
D) Discuss the situation with the City Administrator.
The correct answer is “B”
You would want to first gather additional information about the situation to be sure you fully
understand it. You might find out if alternative locations for the shelter are feasible and if the shelter
operators are aware of these alternatives. For example, you might locate a space where people may
wait indoors until the shelter opens. You also might talk to the planning director about the situation
so that you understand the reasoning behind the decision. You base your next move on your
findings.
(48) It was determined that all work activities of the departments would be examined
from the perspective of the client to determine if current procedures may be
intimidating, confrontational or otherwise impose unnecessary constraints on the
customer. From this research it became clear that a number of current practices and
procedures could generate a negative response from customers. Which of the following
might create a negative response from customers?
I. Prompt return of telephone calls.
II. Offering a Development Review Committee process.
III. Conducting personal business at the public counter.
IV. Asking customers to wait up to five minutes for service.
A) I and II
B) II and III
C) III and IV
D) III only
The correct answer is “D”.
(49) The department heads jointly organized and executed a citizen’s survey to solicit
input about customer satisfaction at city hall. To reach the maximum number of citizens
a one page survey was included in the water bills of several thousand homeowners
residing in the city. Over 1000 response cards were returned. Which of the following
improvements to customer service did the majority of these everyday citizens select?
I. A faster processing time for entitlements.
II. Setting up a public information desk.
III. Establishment of a central permitting system.
IV. Development of informational flyers about city hall, the function of various departments, and
a layperson’s guide to public meetings.
A) I and III
B) II and IV
C) I and IV
D) III and IV
The correct answer is “B”.
(50) The principal of a one-man consulting firm has been asked to submit a proposal to
assist the development service staff of a rural city with the preparation of a new
Community Plan. The planning consultant is currently overbooked with projects and
does not know how he will handle the additional work if he is selected. He is concerned
that he may be unable to carry out his responsibilities on time and worries about the
quality of work he would produce in-between other contractual obligations. The
contract is eventually awarded to his firm. Which of the following is the BEST course of
action for the consultant?
A) Agree to execute the work assuming that his schedule will look better next month when
several projects are scheduled to be completed.
B) Hire a temporary assistant to work on existing projects to free up time to take on the new
assignment.
C) Determine that he cannot provide diligent service to any of his clients if he assumes more
work and respectfully refuse the offer.
D) Ask the planning director if the project can wait until he has time to work on it
The correct answer is “C”
Although the consultant may be able to temporarily employ an assistant to help out, typically, clients
feel they have hired the consultant’s expertise (not the firm’s). It is not reasonable to expect a
client to accept the late entry of a new person. Likewise, the consultant should not expect a project
to be delayed while he/she finishes other projects. If the consultant cannot perform the work the
contract must be turned down.
(51) You are a newly hired planner involved in the process of preparing a new
recreation plan for your community. Your supervisor, an AICP planner, learns that the
City Council is anxious to take action on a recreation plan, and therefore, you are
instructed to prepare the plan without scheduling any time for public participation or
public comment. Suppose you learn that there is a regulation in place and that this is
clearly a violation of the regulation. What might you do next?
A) Discuss the situation with your Supervisor.
B) Schedule a public workshop to discuss the recreation plan.
C) Report the situation to the Planning Director.
D) File a charge of misconduct with AICP.
The correct answer is “A”
When you learn that a violation has occurred, bring it to the attention of your director or supervisor.
If you learn that the violation has occurred unintentionally, suggest remedies, such as delaying
action on the plan until there is adequate time for a participatory process, scheduling a number of
participatory events quickly, publicizing the events well, and revising the plan accordingly. It might
be a good idea to discuss the situation with a more experienced planner. If the violation has
occurred and you discover that the violation has occurred intentionally, this is a very serious
situation because as planners we shall not accept an assignment from an employer when the service
to be performed involves conduct that we know to be illegal.
(52) You are a planner in a community with a new sign ordinance that prohibits banners
from being strung across the road. The ordinance was adopted in response to several
unattractive advertising banners that had frequently been strung across local roads and
often become entangled with electrical wires. On your way to work one morning, you
see that a community group has strung a banner across the main street that advertises
an upcoming charity event that will generate thousands of dollars for needy families.
You know that the money is greatly needed and that local officials and residents support
the event. What might you do in the short term?
A) Stop and immediately tear down the banner
B) Ignore the banner until after the charity event
C) Contact your legal department to start a Notice of Violation
D) Contact the community group to discuss the violation
The correct answer is D)
Since it is your duty to enforce the ordinance immediately, you might want to think of some
alternatives to suggest to the event organizers, such as stringing the sign between two buildings on
the same side of the road. However, note that such a solution might have undesirable ramifications,
such as a proliferation of signs being strung between buildings. Another way to confront the
situation honestly would be to encourage the community group to apply for a variance. If a variance
were granted, then there would be no question about allowing the banner to remain in place.
(53) You are a planner for a city planning department and you have an old friend who
runs a planning consulting firm in the same city. Your friend submits a competitive
proposal to work as a consultant for your department to you on Friday and while in your
office, asks you to be her guest for dinner at a very fancy restaurant on Saturday
evening. What should you do if you actually have no influence about awarding the
contract?
A) Go to dinner, as there is no conflict of interest
B) Go to dinner, but pay for your own dinner
C) Go to dinner, but make sure not to discuss the proposal
D) Decline going to dinner
The correct answer is D)
You should worry about the appearance of a conflict of interest, even if the invitation for dinner is
not intended to enhance your friend’s chances of being awarded the contract (Rules of Conduct 5, 8,
19). Because you have no influence about the decision to award the contract, which would include
having no professional contact with the decision-makers, you might have dinner with your friend,
but it might be safer to postpone the dinner until after the contract has been awarded.
(54) The owner of a restaurant contacted the director at her office and invited her to
lunch. At lunch he asked the director to allow sidewalk table service for his business,
which is prohibited by ordinance, arguing that this would help revitalize the downtown.
How should the director respond?
A) Grant him ministerial approval.
B) Advise him that outside service is prohibited.
C) Tell him that sidewalk service is not currently allowed, and then outline the process to seek
an ordinance amendment.
D) Leave immediately to avoid any appearance of an ethics violation.
The correct answer is “C”.
(55) A planning manager is facilitating a community Visioning program as an important
component of updating the city’s general plan. To ensure the implementation of the
community “Vision” and associated goals, the planning staff collaborated with a citizen’s
committee to determine a valid set of performance standards against which the Vision’s
relative success can be evaluated. Of the performance standards on the committee’s list
indicated below, all would be effective standards EXCEPT?
A) Planning for neighborhoods to be designed to meet the daily needs of residents.
B) Approving design guidelines in the Zoning Code for the development of safe and well
designed neighborhoods.
C) Determining a “target” number of residential units within a quarter-mile walking distance of
a neighborhood shopping area in the city’s Housing Element.
D) Adopting policies in the general plan that promote a strong, vital, pedestrian-oriented and
dynamic downtown area.
The correct answer is A).
Remember this is an “EXCEPT” question. Answers B, C, and D possess the authority of “adopted
policy” and as such will serve as more effective performance standards. These “policies” and/or
adopted “ordinances” must be followed and can be more efficiently monitored. Answer A is passive,
vague and not enforceable.
(56) You are responsible for recommending contracts to the city council. Your
immediate supervisor has asked you to prepare a recommendation for a large contract
for an individual you know is a good friend of your supervisor. After reviewing the
contract, you conclude that the contract amount is not commensurate with the scope of
work provided. You believe the contract is a waste of taxpayer dollars if it were to be
granted. What might you do first?
A) Discuss the assignment with the City Administrator
B) Ask to be reassigned to another project
C) Verify the data and analysis and submit your report for approval by the Supervisor
D) Recommend approval of the contract
The correct answer is C)
The first thing to do might be to carefully review the data and procedures used in the analysis for
accuracy and completeness. You should document everything during this entire process such as the
date and nature of your supervisor’s request and the sources of data used to draw the conclusion
that the consultant’s price is too high. Then write your report and submit it to your supervisor.
(57) A planning director receives a donation of a large turkey from a consultant prior to
the holidays. The best course of action in this case is to:
(A) Send the turkey back to the donor without explanation
(B) Accept the turkey without acknowledgment
(C) Donate the turkey to a local food bank and ask the donor not to send anything next year
(D) Give the turkey to a staff member
The correct answer is “C”
While “A” also seems correct, it should not be the intention of the director to damage good will, but
instead to explain the code and what the director did with the donation.
(58) The downtown merchants have approached the director for assistance. What
actions could she take to help them in their initial efforts to revitalize the downtown
area?
I. After meeting with the group, she prepared a report to the Council recommending that a
Citizen’s Steering Committee be created to help organize redevelopment efforts.
II. She gathered information about employing an advertising company that would be able to
evaluate the downtown and recommended a promotional strategy for revitalizing the area.
III. The director informed the merchants that an economic “natural-selection” process is
occurring and that the vitality of the CBD is simply going to fade away.
IV. The director suggested the organization of an annual antiques festival in the downtown and
a storefront improvement program for the downtown business owners.
A) I and II
B) II and III
C) II, III, and IV
D) I, II, and IV
The correct answer is “D”.
(59) A small metropolitan planning agency has determined to implement a program to
obtain infrastructure financing through approval of an impact fee ordinance. To
successfully initiate this program a number of objectives must be established and
achieved. Which of the following objectives needs to be achieved FIRST?
A) Seek legal counsel to prepare a legally defensible impact fee ordinance.
B) Develop a computer-based impact measurement program.
C) Prepare a public relations program that includes a simple, non-technical issues report and
briefings for the planning commission and governing board; in addition, obtain the cosponsorship of the chamber of commerce for a one-day conference.
D) Develop benchmark data on the infrastructure costs of development using nationwide and
locally generated data.
The correct answer is D)
This question evaluates your ability to identify the proper sequence of actions in a typical planning
program: “First your socks, then your shoes”. Other objectives identified in answers A, B and C
would follow the development of benchmark data.
(60) A public notice in the newspaper soliciting comments from residents and
merchants as part of an economic development venture to revitalize a large and aging
Central Business District (CBD) drew only three participants to the town meeting. The
Mayor criticizes the City Planner for the poor turnout blaming it on her “invisible”
announcement hidden in the “legal notices”. Additionally, the mayor reprimands the
staff for writing the notice in complicated “legalese” and not translating it into
languages common in their multilingual community. The Council subsequently directs
staff to return in one month with recommendations for a more effective plan for citizen
input. Which recommendation would be MOST EFFECTIVE for generating adequate
citizen participation?
A) Contract with a consulting firm to develop a multi-faceted public information program.
B) Utilize a combination of media to make announcements including: newspapers, magazines,
radio, television, videos, billboards, posters, signs, direct mailings, brochures, newsletters,
flyers, presentations, exhibits, and public service announcements.
C) Utilize surveys to solicit direct input from downtown merchants and residents.
D) Produce a power-point presentation to be shown at key locations in the downtown area.
The correct answer is A)
The revitalization of the CBD is of paramount importance in communities across the country.
Fostering the input and support of the merchants and residents of the downtown area is too
important to be driven by experimentation. Planners are not experts in public relations. Firms that
possess such an expertise should be employed if possible
(61) A planning manager of a mid-sized city planning division is actively pursuing a
program to motivate her planning staff to create a better work environment and
improve productivity. Which of the following motivation techniques used by the
manager represent the BEST way to motivate her staff?
A) Improve working conditions.
B) Raise salaries.
C) Provide the staff with challenging work in which they assume responsibility.
D) Shuffle tasks.
The correct answer is “C”
(62) A principal planner is responsible for overseeing and supervising the development
of a new development code by a consultant. The consultant is not performing as agreed
to in the contract. Deadlines are not being met and the work product is substandard.
The planner has not discussed his concerns with the consultant in the past hoping that
things would improve. They have not and now he feels that he must take action. Which
action represents the BEST way to initially handle this situation?
A) Terminate the contract.
B) Write the consultant a letter outlining your concerns.
C) Call the consultant personally and discuss your concerns. Follow up with a letter outlining
your concerns.
D) Withhold further payment until the consultant straightens-up.
The correct answer is “C”
(63) You work as a city planner in Town X. You recently accepted additional planning
employment in Town Y, which is about 15 miles away and in the next county. Towns X
and Y are similar in many respects. As a consultant for Town Y, you recommend a 50-
foot buffer around a lake to protect water quality. Town Y is about to take action on this
recommendation. However, in town X there are no buffer regulations and substantial
residential development has been proposed to include construction to within 10 feet of
a lake. The mayor and the council are very supportive of the proposed development, but
a lake conservation group is demanding a buffer of at least 50-feet around the lake. You
should do all of the following except:
A) Notify both towns of your current employment
B) Get in-advance approval in writing from Town X for your potential moonlighting with Town Y
C) Prepare separate reports for Town X and Town Y with separate recommendations regarding
the buffers
D) Consider resigning from the Town Y employment due to a conflict of interest
The correct answer is C)
First, understand that the moonlighting should have been clearly explained to the primary and
secondary employers and approved in writing. Full written disclosure to both towns prior to
accepting work in Town Y should have said that there might be conflict. Planners should try to
foresee consequences, and this situation is a logical consequence of working in two very similar
communities. Even with full written disclosure before beginning to work for Town Y, as soon as the
potential for conflict became apparent, you should have furnished a second written disclosure to
both employers and received written permission to proceed. However, a planner should not
advocate for two opposing positions simultaneously. So unless there is a very real difference
between the two situations, such as a different geologic structure of the lakes, you should remove
yourself from doing one job or the other. To continue in both positions and allow the conflicting
recommendations to proceed will likely diminish your reputation and effectiveness in both
communities.
(64) As a partner in a new consulting firm, you have been charged with determining the
type of corporation your firm will elect. You are leaning toward the election of an “S”
corporation. What is one of the distinguishing facets of an “S” corporation?
A) It is tax-exempt
B) It is limited to corporations of 25 or fewer full-time employees
C) The corporation’s profits are “passed through” to the shareholders
D) All of the above
The correct answer is C)
An “S” corporation does not usually pay tax on any of its income, but rather passes through profits
(and losses) to its stockholders in proportion to their stock holdings in the corporation
(65) You are a planner in a city that has recently opened a new shelter for homeless
people. The shelter opens each evening during the winter and provides a place for
people to sleep during the night in dormitory-style rooms with cots. Some community
members would like the shelter closed because they feel that the large number of
people who congregate on the sidewalks near the shelter as they wait for it to open
pose a threat to public safety. Your planning director, an AICP planner, decides to
address these concerns by classifying the shelter as a hotel. The planning director
knows that the zoning ordinance specifies that a hotel must provide private sleeping
quarters, which the shelter does not. By classifying the shelter as a hotel, the planning
director is taking steps to close the shelter based on the ground that it is in violation of
the zoning ordinance. Suppose you have reviewed the situation carefully and believe
that the director made an unethical decision. What might you do?
A) Report the situation to the local media.
B) Write up a report with all the facts for the staff report.
C) Discuss the situation with the AICP Commission. @@@ - formal opinion
D) Investigate filing a charge of misconduct with AICP.
The correct answer is D)
You might decide to file a charge of misconduct with the AICP Ethics Officer (Procedure 5). This
course of action will probably result in a tense work environment and should only be followed after
careful consideration. As the director is a member of the AICP, then you could also discuss the
situation with the AICP Ethics Officer (Procedures 2 and 3), but not with the AICP Commission.
(66) An oil company is interested in building a refinery on several thousand acres of
waterfront property that the company owns. The general plan classifies this area as
recreational and residential. The oil company files a re-zoning application to change this
area to a heavy industrial classification. The planning director opposes the rezoning
amendment stating that the scenic area is a valuable natural resource. Assume that the
planning agency acted legally in all respects (proper notice, etc.). However, the county
commissioners approve the amendment. A group of residents who live near the
proposed refinery site take the case to court and subpoena the planning director to
testify. The planning director provides some information to the citizens’ group as they
prepare their case and also testifies truthfully in court about the value of the property to
the community. Under the AICP Code of Ethics, all the following are true about the
behavior of the planning director EXCEPT:
A) The director was acting in an ethically responsible manner in trying to protect the integrity of
the natural environment.
B) The director should not have testified in court. The Code of Ethics requires planners to
accept the decisions of their employers.
C) The director served the public interest by providing information to citizens preparing their
case.
D) The director exhibited a concern for the long-range consequences of the proposed land use
changes.
The correct answer is B)
Members of AICP must comply with the law, including complying with a likely subpoena.
The next two questions (67 & 68) refer to the following information.
Diane is the planning director for a small, rapidly growing suburban community. At a public hearing
last evening for a large subdivision, three of the seven members of her planning board walked out
during the hearing, claiming that the subdivision plan was “an insult to the community.” The
chairman of the planning board continued the hearing until the next month. The board was unaware
that Diane had been trying, through a series of meetings and working sessions with the applicant, to
negotiate a more sensitive and acceptable plan for the town.
(67) What should Diane’s next action be with regard to this application?
A) Meet with the developer as soon as possible to apologize for her board’s behavior
B) Refuse to meet with the developer until immediately before the next scheduled discussion of
the plan
C) Contact the chairman of the board as soon as possible to discuss how to proceed with the
situation
D) Discuss the situation with the full board at the next regularly scheduled meeting
The correct answer is C)
Diane is responsible for ensuring that the developer receives a fair hearing and the town is
protected against improper subdivision plans. A meeting with the chairman would be her most
appropriate action in this situation.
(68) Contacted by a reporter for the local newspaper the morning following the incident,
Diane was asked to comment on the actions of the board members who walked out of
the meeting. How should Diane reply when asked, “Are you embarrassed by their
actions?”
A) No, the members were simply expressing their feelings about the plan
B) No
C) Yes, their actions blemish the community
D) No comment
The correct answer is D)
Diane was certainly embarrassed by the board members’ actions, but gains little by expounding on
her opinions to the local press. The “no comment” option, while difficult, seems the most prudent
response.
