Plan & Policy Development (15%) Flashcards

1
Q

What 4 key aspects does a comprehensive plan need to be rooted in?

A
  1. Sustainability, resilience, and equity
  2. Systems-thinking approach
  3. Authentic participation
  4. Accountable implementation
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2
Q

Systems-Thinking Approach

A

A community is a system made up of sub-systems: economic systems, housing market, labor market, mobility - interrelating and acting as systems within a system.

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3
Q

What questions are answered through authentic participation?

A

Where are we headed?

Where do we want to go?

How do we get there?

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4
Q

Accountable implementation

A

include priorities that require action, funding streams, policies that guide decision-making, etc…

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5
Q

KNOW and draw the diagram of the comprehensive planning process:

A
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6
Q

What is the first step of the comprehensive planning process (happens before the first phase)?

A

Scoping

Setting the stage includes:
-defining the scope
-characterize issues and values
-identify key people and groups to involve (stakeholders)
-design the process

well defined deliverables and expectations

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7
Q

What are the 7 key questions that scoping requires you to answer?

A
  1. Why was the project initiated?
  2. What are the key objectives of the project?
  3. What is scope of work?
  4. What are the deliverables?
  5. What are the key milestones?
  6. What are your constraints?
  7. What is excluded from the scope of work?
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8
Q

What is the Scope Creep?

A

the incremental expansion of the project scope which can negatively affect the outcome of the project

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9
Q

What is phase I of developing a comprehensive plan?

A

Purpose is to understand the community’s past, where it is today, and what it may become in the future.

You’re conducting inventory and analysis - gathering info on population, land use, housing, cultural resources…etc

You’re taking a forecast of what the community is likely to become based on current trends, and thinking about the drivers of change eg. environmental, technological…etc.

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10
Q

What are the 4 main drivers of changes that could impact the future of a community or what it could become?

A

memorize by “SEET”

  1. Social (aging population, immigration, equity, diversity, & inclusion)
  2. Environmental (climate change, energy, invasive species)
  3. Economic (e-commerce, remote work, automation)
  4. Technological (AI, new mobility)
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11
Q

What is phase 2 of developing a comprehensive plan?

A

Planning process is directed at what people want their community to become as an alternative to current trends.

Answers the question: “Where to do we want to go?” The ideal future the community seeks to achieve.

involves VISIONING

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12
Q

What is the purpose of visioning?

A

THE PURPOSE OF VISIONING IS TO BUILD CONSENSUS.

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13
Q

What is visioning?

A

Visioning is a process where the community defines what future it wants.

Visioning can be used for different things - it can kickoff a comprehensive plan process, be a standalone process to focus on specific issues or projects.

Addresses a time frame of 15-20 years in the future.

You can conduct visioning for any topics.

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14
Q

If there is too much distrust in a community, what should you do before you first start with the visioning process?

A

Consider if you need community mediation to bring people together.

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15
Q

What are the 7 ingredients of a vision statement?

A
  1. Positive, present-tense language
  2. Highlights qualities about the region’s uniqueness
  3. Inclusiveness of the region’s diverse population
  4. Depiction of the highest standards of excellence and achievement
  5. Focused on people/quality of life
  6. A stated time period
  7. A language everyone understands
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16
Q

What are 4 advantages of visioning?

A
  1. It serves as a catalyst - it brings the community together in new kinds of ways.
  2. Creates excitement about planning
  3. Keeps the process on track - people have guideline for staying in alignment with achieving the vision.
  4. Keeps implementation moving - people are motivated to achieve the vision that they helped to create.
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17
Q

What are 3 DISadvantages of visioning?

A
  1. Visioning adds to the cost of the planning process. It is an intensive participation effort.
  2. Might create unrealistic expectations about what the gov’t is able to fulfill.
  3. Visioning depends on a facilitator to conduct the visioning workshops.
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18
Q

What are three results of phase 2 of the comprehensive planning process?

A
  1. A vision statement
  2. Principles providing strategic direction
  3. Goals defining long-term outcomes.
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19
Q

What is phase 3 of the comprehensive planning process?

A

Answers the question: “How do we get there?”

sets the direction for policy and action to realize the vision and goals (phase 2).

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20
Q

What is scenario planning?

A

Scenario planning engages community members to involve them in constructing future scenarios/exploring different choices for the future and selecting a preferred scenario to guide development of policies and actions.

There are 3 types.

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20
Q

What are the 5 types of scenario planning?

A
  1. Normative - what should be
  2. Predictive - what will be
  3. Exploratory - futures that may occur as a result of external influences
  4. Growth = normative + predictive
  5. Strategic =
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21
Q

What is the NORMATIVE type of scenario planning?

A

Considers a scenario of what should be.

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22
Q

What is the PREDICTIVE type of scenario planning?

A

Considers a scenario of what will be.

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23
Q

What is the EXPLORATORY type of scenario planning?

A

Considers a scenario of what may occur as a results of external influences. What can be.

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24
Q

What are growth scenarios?

A

A combination of the predictive and normative types of scenario planning.

Start with a baseline scenario of expected growth and then alternative scenarios are constructed for ways that the community could develop.

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25
Q

What are strategic scenarios?

A

Combine elements of exploratory + normative scenario planning

The purpose of this type of scenario planning is to position the community to strategically adapt to future change that support the community’s vision.

Identify possible futures combining opportunities and threats (eg. what would happen if constrained water resources?)

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26
Q

What are 3 approaches to creating a future land use map?

A
  1. Conceptual Growth Approach
  2. Place-Based Approach
  3. Strategy-Based Approach
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27
Q

What is the conceptual growth approach to creating a future land use map?

A

Establish a spatial framework to guide future development.

Well-suited for communities with undeveloped land and growth pressures.

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28
Q

What is the place-based approach to creating a future land use map?

A

Defines desired development based on characteristics of form, character, and scale.

You delineate different areas for different types of character (eg. urban district, urban green space…etc)

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29
Q

What is the strategy-based approach to creating a future land use map?

A

Well-suited for more mature communities that may or may not be facing redevelopment pressures.

Delineates areas of different strategies for implementing the vision.

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30
Q

Who gives authority to local governments?

A

The State.

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31
Q

What are Home rule states?

A

In Home rule states, an article or amendment to state constitution that grants cities, municipalities, counties, to pass laws and govern themselves as they see fit.

Follows Dillon’s ruling, some states passed “home rule” legislation that authorized home rule jurisdictions the authority to pass regulations without express authorization from the state.

32
Q

What are Dillon’s rule states?

A

The principle that local governments have no powers other than those assigned to them by state governments.

Dillon’s Rule, which is about local government authority deriving from state government

40/50 states apply Dillon’s rule in some form to determine the bounds of a municipal government’s legal authority.

In 1872, Judge Dillon found that local governments are subordinate to the state and are only authorized to perform actions permitted by the state.

33
Q

States grant _____ to local governments which allows them to do things like zoning.

A

Police Power

34
Q

Do states or the federal government provide more funding to cities/local governments?

A

States provide much more money to municipalities than the federal government.

35
Q

What aspects of planning are states involved in?

A

State agencies are not as involved in planning work, but they are in growth management and large projects like transit and highways.

36
Q

Which type of government determines the location of cell phone towers?

A

Local government.

However, Federal and State are also involved (FCC, state utilities commission) - they don’t regulate land use, but they regulate in other ways.

37
Q

What is a General Purpose Government?

A

a type of government

38
Q

What is a Single Purpose Government?

A

eg. school districts, fire districts

39
Q

What are Special Districts?

A

Special districts are an independent unit of local government often created by referendum and organized to perform government functions in a specific area.

They have the power to incur debt and levy taxes.

40
Q

Local Governments

A

Cities, counties, townships

41
Q

What are 7 different types of government?

A
  1. Federal
  2. State
  3. Local
  4. General Purpose
  5. Single Purpose
  6. Special Districts
  7. Regional Planning Agencies
42
Q

What are Regional Planning Agencies?

A

Develop regional plans and review regional impacts.

In some cases, a local government may transfer local powers to a regional agency, but this is not usually the case.

43
Q

What are the 5 main forms of local government?

A
  1. Mayor-Council
  2. Council-Manager
  3. Commission
  4. Town Meeting
  5. Representative Town Meeting
44
Q

What is the Mayor-Council form of local government?

A

A mayor is elected separately from the council with significant administrative and budgetary authority.

Weak mayor or strong mayor based on how the power structure is set up.

This is the second most common type of government. Popular in the midwest (eg. Pittsburgh, Chicago, NYC)

45
Q

What is the Council-Manager form of local government?

A

The most popular form of local government.

City council oversees general administration, makes policies, sets budget, appoints professional city manager to carry out administrative operations.

Mayor is chosen from the council on a rotating basis (eg. Phoenix)

46
Q

What is the Commission form of local government?

A

Less than 1% of cities have this form (eg. Portland)

Voters elect individual commissioners to a small governing board, and each commissioner is responsible for one specific aspect (fire, police, public works)

47
Q

What is the Town Meeting form of local government?

A

5% of municipalities use this.

Voters decide basic policy and elect officials to carry out those policies.

48
Q

What is the Representative Town Meeting form of local government?

A

Voters select a large number of citizens to represent them at town meetings where only they can vote.

Less than 1% of cities (almost exclusively in small New England municipalities)

49
Q

What are the two most popular forms of local government?

A
  1. Council-Manager
  2. Mayor-Council
50
Q

What is preemption?

A

The doctrine that a higher authority of law will displace the lower authority of law.

Federal and National policy override state authority. State law supercedes local law.

51
Q

What is tribal sovereignty?

A

Predates the U.S.

There are about 583 tribal governments. They can make their own laws, they are their own form of government, law enforcement, court systems… they are sovereign.

EPA authorizes to recognized tribes in a similar manner to a state. Important for implementing environmental programs like the Clean Air Act.

52
Q

APA recommends an ____ that helps ensure that local and state government recognize the sovereignty of tribes in relation to the federal government.

A

MOU

Memorandum of Understanding

53
Q

What is multi-variate analysis?

A

it is about the interaction of variables.

Important: sometimes the correlations between 2 variables are driven by a third variable. so look at the relations between variables not just one at a time.

54
Q

What are the four methods of alternative dispute resolution (ADR)?

A
  1. Mediation
  2. Negotiation
  3. Facilitation
  4. Arbitration
55
Q

What is the goal of alternative dispute resolution (ADR)?

A

The goal of ADR is to settle dispute without litigation.

56
Q

What are the pros and cons of the negotiation method of ADR?

A

Key Feature: lack of a 3rd party

Pros:
-informal/no rules
-flexible
-low cost

Cons:
-no 3rd party makes it harder to stay on track
-power imbalances
-outcomes have no legal standing, so you act on good faith.

57
Q

What are the pros and cons of the mediation method of ADR?

A

Pros:
-informal
-flexible
-a neutral/impartial 3rd party mediator that guides the outcome and helps people stay focused

Con:
-doesn’t always lead to settlement

58
Q

When is mediation appropriate?

A

Use mediation when ongoing relationships are important, emotions are high, issues are complex.

Helps with non-conforming uses, small infill, business applications requiring conditional use permit, or NIMBY opposition.

Complements zoning process - zoning board has control but mediation tamps down the contentiousness of the debate.

59
Q

What are the pros and cons of the facilitation method of ADR?

A

Pros:
-good for groups
-good when the purpose is to be focused on completion of a task or make a joint decision.

Cons:
-not conflict resolution
-facilitator must be skilled
-not good for people to be too reliant on facilitator for decision-making
-not good if the facilitator appears to be not neutral

60
Q

What is the difference between facilitation and meditation?

A

facilitation involves organizing people around a common goal
while
mediation is focused on resolution of a conflict.

61
Q

What is the arbitration method of ADR?

A

a 3rd party determines a resolution that is legally binding.

It is a formal process involving hearings, witnesses, evidence, 3rd party functions like a judge to render a decision.

Parties aren’t working on a solution together, they are relying on the 3rd party to make a decision.

It is difficult to appeal an arbitration decision - it’s a win-lose negotiated settlement.

It is less costly than court litigation.

62
Q

What’s the difference between Home rule and Dillon’s rule?

A

In Home rule, cities and counties can govern themselves, while under Dillon’s rule cities, and counties have NO powers other than those assigned by the state.

Sometimes you have Home rule for some jurisdictions like townships and then use Dillon’s rule for others like cities established by a charter

63
Q

Do planners enact laws or exercise the power of eminent domain?

A

No. They advise on these matters only.

64
Q

Do planners commit public funds to capital improvement projects?

A

No, this is done by elected officials.

65
Q

For which type of planning are special districts and regional agencies most impactful?

A

Transportation planning.

66
Q

How do state governments impact local planning?

A
  1. States grant police power to local governments (for zoning)
  2. States control where investments are made and provide funding for planning.
67
Q

Which growth management technique is useful for reducing development density?

A

large lot zoning

68
Q

What is large lot zoning?

A

Large-lot zoning allows local governments to mitigate the harmful effects of residential developments in previously undeveloped areas.

Large minimum lot-size zoning limits the number of dwelling units that can be constructed in an agriculture zone by requiring a very large minimum lot size. No parcel may be subdivided from an existing farm unless it is larger than the required minimum lot size.

It is a growth management technique that reduces development density.

69
Q

What 4 things are included in subdivision regulations?

A
  1. land recordation
  2. dedication requirements
  3. impact fees
  4. growth management controls
70
Q

You are in an agricultural county which is beginning to experience exurban development pressure. There have been a number of development requests for large lot subdivisions with lots sizes ranging from 2 to 10 acres. The County Commissioners have recognized that this is the beginning of a trend. They have asked you as the County Planner to bring forward one or more strategies that would protect agriculture in the county. Which of the following would best protect and preserve agricultural land?

A

Development of a purchase of development rights program

While the other answers (right to farm, adoption of ag zoning district, and TDR) would protect agricultural land, a purchase program guarantees that land will be preserved in perpetuity.

71
Q

What is a Purchase of Development Rights program?

A

a competitive program that reimburses farmers up to 87.5% of the value of the development rights on their land through the acquisition of an agricultural conservation easement.

Pursuant to the voluntary PDR programs, a landowner sells their development rights to the local government to permanently protect the land.[1] If properly drafted, this results in privately owned land that cannot be developed in a way detrimental to wildlife, even if the current owners sell the property, and it provides financial compensation to the landowner.

72
Q

What is a Purchase of Development Rights program?

A

a competitive program that reimburses farmers up to 87.5% of the value of the development rights on their land through the acquisition of an agricultural conservation easement.

Pursuant to the voluntary PDR programs, a landowner sells their development rights to the local government to permanently protect the land.[1] If properly drafted, this results in privately owned land that cannot be developed in a way detrimental to wildlife, even if the current owners sell the property, and it provides financial compensation to the landowner.

73
Q

What is concurrency and how is it related to growth management?

A

Concurrency is one of the goals of the Growth Management Act and refers to the timely provision of public facilities and services relative to the demand for them.

To maintain concurrency means that adequate public facilities are in place to serve new development as it occurs or within a specified time period.

The Growth Management Act (GMA) gives special attention to concurrency for transportation.

first used in Florida

A concurrency requirement means that development cannot occur until capital improvements are in place.

74
Q

What land use tool would you choose if you wanted to reduce lot sizes in exchange for open space concessions?

A

Planned Unit Development

75
Q

As part of a comprehensive planning effort intends to create a growth management program. This should include which of the following?

A

A growth management program includes:
-a program of when and where development should occur in the future,
-policies directing growth, the way to finance growth, and
-an indication of what public infrastructure investments are needed and when.

76
Q

What might be the advantage of integrating current and long-range planning?

A

To ensure that goals expressed in comprehensive plans are implemented by current planning functions.

Helping to ensure that the goals and policies expressed in comprehensive and general plans would be implemented by current planning functions, including site plan and development review, zoning, and form-based codes.

77
Q

For a multiple phase subdivision, the plat has been approved by the planning commission. As a condition of plat approval, the planning commission could REQUIRE what?

A

As a condition of plat approval, the following could be required:
-Exaction
-Performance Bond
-Dedication of Right-of-Way (ROW)

A Transfer of Development Rights (TDR) would not be a requirement of plat approval.