Pretest Flashcards
Renton v Playtime Theatres
Renton v. Playtime Theatres, Inc., 475 U.S. 41, was a case in which the Supreme Court of the United States held that localities may impose regulations prohibiting adult theaters from operating within certain areas, finding that the regulation in question was a content-neutral time/place/manner restriction.
February 1986
Metromedia v. City of San Diego
Metromedia, Inc. v. San Diego, 453 U.S. 490 (1981), was a United States Supreme Court case in which it was decided that cities could regulate billboards, and that municipal governments could not treat commercial outdoor advertising more harshly than noncommercial messages. San Diego’s general ban on signs carrying noncommercial advertising is invalid under the First and Fourteenth Amendments.
1981
Agins v Tiburon (1980)
After Dr and Ms Agins acquired 5 acres (20,000 m2) of unimproved property zoned one house per acre, the city announced that it intended to acquire it, and issued bonds to finance the taking. It filed an eminent domain action, but on the eve of trial abandoned it. Instead, it amended the zoning ordinance placing the subject land in a zone that permitted construction of one to five homes, the exact number being discretionary with the city. The owners contended that the applying for permit(s) to construct seriatim of one to five home would be economically infeasible and that the city intended to convert their land into open space by preventing its development. They sued seeking just compensation for a regulatory taking.
The owners alleged that their land had greater value than other land in California because of its spectacular views of San Francisco Bay, and the rezoning prevented economically feasible development, thereby completely destroying its value, and thus effecting its taking without just compensation in violation of the Fifth and Fourteenth Amendments.
The Court held that a general zoning law can be a taking if the ordinance does not substantially advance a legitimate state interest or denies an owner economically viable use of his land. The U. S. Supreme Court affirmed the California Supreme Court’s holding that the zoning ordinances did not on their face effect an uncompensated taking.
Golden v. Planning Board of the Town of Ramapo
Golden v. Planning Board of Ramapo was a landmark 1971 land-use planning case in New York that established growth management planning as a valid exercise of the police power in the United States. Decided by the NY State court of appeals.
The Town of Ramapo, New York passed a zoning ordinance prohibiting development of a subdivision plat unless the property owners had a special permit, one of the early Adequate Public Facilities Ordinances. Permits were granted based on a point system based on available municipal facilities in the area of proposed development, with the intent of phasing development over the lifetime of the town’s 18-year capital plan. Developers could meet the requirements to be granted a special permit by constructing their own infrastructure.[1] Property owner Ruth Golden and other plaintiffs, who either were denied approval of their subdivision plats because they had not applied for special permits or had never applied for platting because they were aware that they would not receive a special permit,[2] sued.
Types of dispute resolution
- Mediation
The goal of mediation is for a neutral third party to help disputants come to a consensus on their own.
- Arbitration
In arbitration, a neutral third party serves as a judge who is responsible for resolving the dispute.
- Litigation
The most familiar type of dispute resolution, civil litigation typically involves a defendant facing off against a plaintiff before either a judge or a judge and jury.
Beneficiary assessment
Beneficiary assessments are used by the World Bank and other development organizations to make sure that project beneficiaries can provide insights on how a project will affect them, particularly the poor and those without political power. The technique solicits qualitative information about the development activity. This can include interviews, focus groups, and participant observations.
Community benefits agreement
CBAs are legally binding contracts between coalitions of community-based organizations and developers that shape how local development projects contribute to improving the quality of life of nearby residents. When implemented effectively, CBA processes shift power more evenly to ensure the residents most impacted by development projects have a say in the priorities for the new investments.
Such agreements can be particularly useful to ensure that large developments seeking public investment align with the needs of local communities. CBAs can be comprehensive, with commitments for hiring local residents for the project, setting wage levels, requiring certain uses of land and building space, or making contributions to certain funds for community services and programs. For housing justice, CBAs can be a tool to guard against displacement through centering community voices and interests in the planning and development of housing and committing direct investments to improve housing quality and to increase housing affordability in a neighborhood.
Incrementalism
In the planning field, the word incremental is usually used as an adjective to describe other key planning terms—most notably incremental development and incremental code reform.
American political scientist Charles E. Lindblom first developed the concept of incrementalism in a 1959 essay titled “The Science of Muddling Through” as a response to the “rational-comprehensive” approach to policy making. The concept of incrementalism has since expanded to other fields, including technological development, project management, and planning.
What is an advisory plebiscite?
A plebiscite is a direct vote on an issue. An advisory plebiscite is a direct vote that is just to get a read on how the public may vote on an actual plebiscite. (Another word for plebiscite is referendum)
Rationalism
The rational planning model is a model of the planning process involving a number of rational actions or steps. Taylor (1998) outlines five steps, as follows:[1]
- Definition of the problems and/or goals;
Identification of alternative plans/policies;
Evaluation of alternative plans/policies;
Implementation of plans/policies;
Monitoring of effects of plans/policies.
The rational planning model is used in planning and designing neighborhoods, cities, and regions. It has been central in the development of modern urban planning and transportation planning. The model has many limitations, particularly the lack of guidance on involving stakeholders and the community affected by planning, and other models of planning, such as collaborative planning, are now also widely used.
Delphi technique
In the Delphi Technique, a series of consecutive questionnaires are distributed and used to determine participant perceptions. The Delphi Technique is frequently used to prioritize research topics and to generate consensus. This technique can be conducted in-person or virtually (e.g. online questionnaires).
Cohort survival method
Deaths, Births, Migration, and Fertility rates are components of Cohort Survival Method.
The Cohort Survival Projection Method is a simple method for forecasting what the future population will be based upon the survival of the existing population and the births that will occur. This method can be applied for any period of time but it typically it involves five-year steps. Applied once it would give the population five years ahead; applied twice it would give the population ten year ahead. For five year projection the base year population must be given by five year age groups.
The key bits of information, besides the base year population, is the five year survival rates and the fertility rates for females by five year age groups.
Communicative planning
Communicative planning is an approach to urban planning that gathers stakeholders and engages them in a process to make decisions together in a manner that respects the positions of all involved. It is also sometimes called collaborative planning among planning practitioners or collaborative planning model.
Participatory technology assessment
In 2010, a group of researchers, educators, and policy practitioners established the Expert and Citizen Assessment of Science and Technology (ECAST) network to operationalize these frameworks. Over the course of a decade, ECAST developed an innovative and reflexive participatory technology assessment (pTA) method to support democratic science policy decision-making in different technical, social, and political contexts. The method’s reflexive nature gave rise to continuous innovations and iterative improvements. The current ECAST pTA method includes three participatory phases: 1) Problem Framing; 2) ECAST Citizen Deliberation; and 3) Results and Integration. Proving adaptable and replicable, the method has generated outputs for decision-making on a variety of science and technology issues and at governance scales ranging from the local to the national and international.
Are social media posts public record?
Whether social media posts are considered public record is a matter of state and local regulations around noticing and records retention. You should consult these regulations if you are concerned about whether a social media post is an appropriate place to post the video of a recent City Council meeting.
You feel your department director has violated the AICP Code of Ethics and Personal Conduct. What do you do?
Contact your Ethics Officer for the best course of action.
Cost effectiveness analysis
A cost-effectiveness analysis evaluates whether an intervention provides value relative to an existing intervention (with value defined as cost relative to health outcome). A budget impact analysis evaluates whether the high-value intervention is affordable.
Who regulates:
National Environmental Policy Act,
Clean Air Act and the Clean Water Act,
AND
Farm Bill Conservation?
The Council on Environmental Quality coordinates federal environmental efforts and works with federal agencies on the development of environmental policies and initiatives.
Critical path method
The critical path method, or critical path analysis, is an algorithm for scheduling a set of project activities. A critical path is determined by identifying the longest stretch of dependent activities and measuring the time required to complete them from start to finish.
ZBB
Zero-based budgeting (ZBB) is a budgeting technique in which all expenses must be justified for a new period or year starting from zero
Performance based zoning
Performance zoning regulates the effects or impact of land uses on surrounding properties through performance standards. Key elements of Performance zoning include number of vehicle trips, density or noise levels.
Performance zoning, sometimes called “impact zoning” or “flexible zoning,” is a method of regulating the design and location of a development based on factors that relate directly to the development’s site and the specific effects of the development on its neighborhood.
Cumulative zoning
Cumulative Zoning is a method of zoning in which any use permitted in a higher-use, less intensive zone is permissible in a lower use, more intensive zone. For example: under this method, a house could be built in an industrial zone but a factory could not be built in a residential zone.
PERT
Program Evaluation Review Technique (PERT) is a project management planning tool used to calculate the amount of time it will take to realistically finish a project.
PERT is a project management technique for determining how much time a project needs before it is completed. Each activity is assigned a best, worst, and most probable completion time estimate.
Nominal group technique
Nominal Group Technique is a particular form of brainstorming that aids team participation. Stages in the technique include problem clarification, silent idea generation, round robin idea collection, grouping, and ranking.
Fishbowl method
The fishbowl method is a method of arranging small group conversations.
Citizen control
Citizen control is a rung of Arnstein’s ladder in which participants or residents can govern a program or an institution independently.
Economic base analysis
Economic base analysis looks at basic and non-basic economic activities. Basic activities are those that can be exported, such as automotive manufacturing.
Father of zoning
Bassett wrote the New York City Zoning Ordinance in 1916.
Effluents
EPA publishes Effluent Guidelines, nationally-applicable water pollution regulations for industrial and commercial facilities.
What percent of the electricity used in the country goes toward heating, cooling, and lighting buildings?
75%
Penn Coal v. Mahon (1922)
Pennsylvania Coal Co. v. Mahon, (1922) was a case in which the Supreme Court of the United States held that whether a regulatory act constitutes a taking requiring compensation depends on the extent of diminution in the value of the property. The decision thereby started the doctrine of regulatory taking.
Munn v Illinois (1876)
Supreme Court case in which the Court upheld the power of state governments to regulate private industries that affect “the common good.”
The case was developed because in 1871, the legislature of Illinois responded to pressure from the National Grange, an association of farmers, by setting maximum rates that private companies could charge for the storage and transport of agricultural products. The Chicago grain warehouse firm of Munn and Scott was found guilty of violating the law but appealed the conviction on the grounds that the law was an unconstitutional deprivation of property without due process of law that violated the Fourteenth Amendment. A state trial court and the Illinois State Supreme Court both ruled in favor of the State.
Lingle v Chevron (2005)
Lingle v. Chevron U.S.A. Inc., 544 U.S. 528, was a landmark case in United States regulatory takings law whereby the Court expressly overruled precedent created in Agins v. City of Tiburon.
Lucas v. South Carolina Coastal Council, (1992)
This case produced the “total takings” standard under which courts evaluate whether a government’s taking of property has eradicated its value for the private property owner. The state ultimately paid compensation to the property owner and sold the lots for development.
When was ADA passed?
The ADA, passed in 1990, requires that facilities must be accessible to the public, including public housing. It is a civil rights law in that it provides similar protections against discrimination to Americans with disabilities (both mental and physical) as the Civil Rights Act of 1964 did for persons on the basis of race, religion, sex, national origin, and other characteristics. But unlike the Civil Rights Act, the ADA also requires covered employers to provide reasonable accommodations to employees with disabilities.
Percent of U.S. residents without access to broadband
25%
About a quarter of adults do not have access to broadband at home, which can prevent citizens from learning about or participating in the planning process.
Neighborhood unit by Clearance Perry (1920s)
Clarence Perry’s Neighborhood Unit concept identifies 5,000-9,000 residents with a density of ten units per acre, a school at the center, and buildings around the edges for shopping.
https://www.youtube.com/watch?app=desktop&v=IrvDsWE2_iU
Columbia, Maryland
It is a planned community consisting of 10 self-contained villages.
In 1963, the Rouse Company began the development of Columbia, Maryland. The 14,000-acre master planned development was developed to provide jobs, recreation, shopping, health care, and a mix of housing at different price points. The development was designed to create a jobs-housing balance.
If you were going to use software to model what a community might look like, what would you use?
CommunityViz and UrbanSim are 3D visualization and modeling tools. GIS also could do it.
What is the typical horizon year for a comprehensive plan?
20 years
Concentric Zone Theory
The concentric zone model, also known as the Burgess model or the CCD model, is one of the earliest theoretical models to explain urban social structures. It was created by sociologist Ernest Burgess in 1925.
It includes downtown, factories, transition zone, working class, residential, and commuter.
Invasion Succession Model
A model of change used in urban ecology to represent the effects of immigration on the social structure of an urban area. Invasion and succession involve a chain reaction, with each preceding immigrant wave moving outwards and being succeeded by more recent, poorer immigrants
Key CPTED concepts (Crime Prevention through Environmental Design)
The APA Policy Guide on Security reported that Crime Prevention through Environmental Design includes natural surveillance, territoriality, and natural access control.
Natural surveillance- focuses on the placement of physical features to maximize visibility. This
includes lighting
Territoriality - An environment designed to clearly delineate private space
Natural access control - the physical guidance of
people coming and going from a space by
the judicial placement of entrances, exits,
fencing, landscaping, and lighting.
