Urb Planning Final Flashcards

1
Q

5th Amendment/Constitutionality of Planning

A

“Nor shall private property be taken for public use w/o just compensation”

Known as “TAKINGS CLAUSE”

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2
Q

14th Amendment

A

“No one shall be deprived of life, liberty, or property w/o due process of law”
Prevents irrational actions including discriminatory actions perpetrated by a regulating entity
Encourages judicial action if agreement is not reached between parties outside of court

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3
Q

Ramapo 1964 Land Use Ordinance (Oregon)

A

Said that a property owner needed to meet 15/23 requirements to get a building permit
1973 Held up in court

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4
Q

1973 State Growth Management Plan (Oregon)

A

Required each urban area identify urban growth boundaries

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5
Q

2004 Measure 37 Referendum (Oregon)

A

Proposed that property rights should allow rule to be waived or property owners to be justly compensated
Passed by a 61% vote

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6
Q

2007 Measure 49 Referendum (Oregon)

A

Rescinded/reversed Measure 37

Passed by a 61% (irony, the times they are a changin’)

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7
Q

Hadacheck v. Sebastian-1915

A

Ruled that land use regulations were valid in a nuisance case. Hadacheck was ordered to move certain operations that created lots of noise in his brick factory to an alternate site. He said hell no. Court said, well, actually, you gotta move.

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8
Q

Berman v. Parker(DC) (1954)

A

Berman was a furniture store owner in an area being “revitalized” by a city of Washington DC. They enacted EMINENT DOMAIN but he refused to move.
The court ruled that the city could use it for achieving economic redevelopment objectives!

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9
Q

Penn Central Transportation v. NYC (1978)

A

Company wanted to build a skyscraper on top of its property (Grand Central Station), however the city had designated the site as “historical.” and thus development on it was prohibited. Company sued, but Court ruled in favor of city, and said that the historical designation was valid
This is not a takings because the company had not yet invested in new development
Takings must be unjust prevention of profit from development that is INVESTMENT-BACKED. Or interfering with investments previously made.

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10
Q

Nollan v. California Coastal Commission (1987)

A

Court prevented CCC from requiring Nollan to provide public beach access as a condition to enlarging his house
Court said there was no “Essential Nexus” for the CCC’s mandate

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11
Q

Lucas v. South Carolina Coastal Council (1992)

A

SCCC tried to block further development, prevented Mr. Lucas from developing on two beachfront lots. The Court ruled the state’s action a “TAKINGS” and ordered SCCC to provide Mr. Lucas w $1.6 Million in damages
Also they passed the law right after he bought the property

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12
Q

Dolan v. City of Tigard (1994)

A

Municipality tried to tell a property owner that they had to dedicate land to environmental purposes (i.e, rec trail) in return for a variance that would permit enlargement of store parking lot. Court said NO FUCKING WAY!!

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13
Q

Kelo v. City of New London (2005) DEV

A

was a case decided by the Supreme Court of the United States involving the use of eminent domain to transfer land from one private owner to another private owner to further economic development. In a 5–4 decision, the Court held that the general benefits a community enjoyed from economic growth qualified private development plans as a permissible “public use” under the Takings Clause of the Fifth Amendment.

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14
Q

Polazzolo v. Rhode Island, (2001)

A

SC made a ruling on whether or not it mattered if the law predated the purchase of the property. Said the purchaser of a property could still make a valid claim even if the law predated their purchase on the property
However they did not make a ruling on a Takings, they delegated that ruling to a lower court, they focused on issue described above in case description
They ruled this way because RBG thought that it was discriminatory to rule otherwise.

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15
Q

The Nexus Test

A

The relationship between a problem and solution must be shown to uphold the validity of the condition for approval.

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16
Q

Housing Act of 1949

A

created Urban Renewal Program

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17
Q

Housing Act of 1954

A

Required the Establishment of a “Workable Plan”

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18
Q

Community Development Block Grant Program (CDBG) 1974 was established to

A

replace the alphabet soup of categorical grants. Funds must be used primarily to benefit low and moderate income persons (who make less than 80% of area’s median household income)

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19
Q

Fundable Areas of CDBG Program

A

Housing abandonment and rehab
Commercial Revitalization
Improving Neighborhood Services

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20
Q

1977: Urban Development Action Grant Program…Objectives, Focus?

A

Objective: Enhance the economic attractiveness of underutilized/abandoned commercial area
Focus: Land Assembly, Redesign, reconfiguration of infrastructure
Introduced public/private partnerships
Program was terminated under the Reagan administration.

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21
Q

1980s: Emergence of Economic Development Administration (EDA)– Primary Criteria?

A

Unemployment rates were the primary criteria for funding
Poverty rates were secondary criteria
Designed to leverage federal money w private sector initiatives to create jobs
Program continues to exist today.

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22
Q

Daniel Burnham

A

City Beautiful

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23
Q

Ebenezer Howard

A

Garden City

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24
Q

Frederick Law Olmstead

A

Central Park, Landscape Architecture

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25
Q

Euclid v. Amber

A

1926 Upheld constitutionality of zoning

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26
Q

First comprehensive zoning law (where and when)

A

1916 NYC

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27
Q

Origin of Zoning in US

A

San Francisco

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28
Q

1879 Dumbbell Plan

A

In NYC, new requirements required 1 outdoor window per room as well as 2 toilets per floor.
Dumbbell building shape accommodated this

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29
Q

First Public Works Project in US

A

Erie Canal 1817-1825

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30
Q

Railroad Flats Length?

A

25’ X 75’ buildings in 25’ X 100’ lots

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31
Q

Railroad Flats Height, #Units, #Windows, Conditions?

A

5-7 story walkups
4 units per floor w central stairwell
1-2 windows per floor
Water from outside line

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32
Q

Three Major Movements

A

Public Health Movement
Garden City Movement
City Beautiful Movement

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33
Q

first laws recognizing housing conditions

A

Tenement Law of 1867

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34
Q

Public Health Movement

A

1860s
Tenement Laws emerge
Land is set aside for Central Park
Zoning emerges as a substantial force

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35
Q

First U.S City to reach 1 Million Residents and When?

A

NYC, 1880

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36
Q

Tenement Law of 1901

A

Required Bathroom in each apartment

Regulations were retroactive!

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37
Q

Garden City Movement

A

Began w Ebenezer Howard in England in 1800s
25,000-30,000-person cities interconnected by trains
Focused on separation of land-uses
Anti-Urban

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38
Q

Which aspect of the Garden City Movement was adopted by the united states

A

Separation of land use became model for suburban zoning in the U.S. communities at the time

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39
Q

City Beautiful Movement

A

Municipal Art, civic improvement, landscape of public spaces,

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40
Q

When did the City Beautiful Movement start?

A

1893 @ Columbia Exposition in Chicago

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41
Q

Faults of City Beautiful Movement?

A

No citizen participation, neglected social issues, focus on physical attributes not functional attributes

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42
Q

Standard State Planning Enabling Act (Year)

A

1922

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43
Q

Standard City Planning Enabling Act (Year)

A

1928

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44
Q

Housing Act of 1934

A

Federal Housing Administration created

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45
Q

Housing Act of 1937

A

Foundation for public housing program to construct public housing units for occupancy by low income households

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46
Q

Planning is the _______ and Zoning is the ______

A

Vision…Regulation

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47
Q

What did the Housing Act of 1949 Really Lead to?

A

“Slum Clearance”
Provided federal support for clearance and redev of central cities.
Was more like Urban “removal” program

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48
Q

What did the Housing Act of 1949 “Guarantee” all Americans?

A

“a decent, safe, and sanitary housing unit.”

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49
Q

1950’s saw significant trends toward

A

Flight to suburbs enabled by mass numbers of auto-mobiles.
Family oriented communities
Strip Retail Centers
Industrial Parks

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50
Q

1956 Interstate Highway Act

A

provided a intranational transportation network

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51
Q

From 1950-2000, most US Cities ____ population

A

Lost

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52
Q

After 2000 most cities _____ population

A

Regain, albeit marginally

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53
Q

Interstate Highway Act had an impact on

A

Land Use and Development

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54
Q

Transportation is both a ______ and a _____ response to development

A

Driver and a response

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55
Q

1960s Planning saw an emphasis on

A

Social issues

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56
Q

Housing Act of 1965

A

Created Department of Housing and Urban Development

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57
Q

Late 60s-70s saw the emergence of

A

Environmental Legislation at the federal level

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58
Q

EPA is created in…(year)

A

1969

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59
Q

1970 (law)

A

Clean Air Act

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60
Q

1972 (law)

A

Clean Water Act

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61
Q

What is/was exclusionary zoning?

A

specifications prohibiting the development of lower-income housing units in the suburbs so as to prevent blacks and poor folk from building and moving to the suburbs

62
Q

Exclusionary zoning was ____ ________ in court

A

Deemed unconstitutional

63
Q

1980s saw the emergence of what kind of partnership

A

A public/private partnership to spur development

64
Q

1990’s Landmark transportation law?

A

IntermodalSurfaceTransportationEfficiency Act

ISTEA

65
Q

ISTEA

A

required that transportational plans and issues be evaluated in context of impact on land use.

66
Q

What is Sustainable Development

A

Development that meets the needs of the present without compromising the ability of future generations to meet their own needs

67
Q

Resilience Planning

A

Development/redevelopment in vulnerable areas primarily in response to impacts associated w/climate change

68
Q

Pierre L’Enffant

A

comissioned to design Washington DC

69
Q

What is a conventional way for communities to provide for themselves

A

Property Tax!

70
Q

Primary Criticisms of Planning?

A

Land should be treated as a commodity to be bought and sold (not as a resource)
One man’s protection is another man’s regulation
Planning Interferes

71
Q

Criticisms of planning generally lean (politically)

A

Conservatively

72
Q

Response to Criticism of Planning

A

Transport Systems!
Parks and Playgrounds!
Clean Air and Water
Prevents negative externalities and over-exploitation

73
Q

Paul Davidoff

A

Father of advocacy planning
Felt that planning had to be a process concerned with values and social issues
Founded Suburban Action institute in 1969

74
Q

Role of planners is…

A
advisory
depends on setting
provide technical expertise
mediate disputes
organize and educate
establish partnerships
facilitate discussions
75
Q

Two parts to every zoning code?

A

A zoning map and a textual companion

76
Q

Zoning regulates the ____, ______, and _____ of a structure on a parcel

A

Regulates the use, density, and placements of a structure on parcel

77
Q

Taxation for Non-Revenue Objective (Ag)

A

Taxes are based on use of the land and not its market value

Provides tax break to owners on condition they maintain existing use of and activity on parcel

78
Q

Taxation for Non-Revenue Objective (Urban)

A

Provide tax-breaks/ credits to encourage the redevelopment of sites and/or the re-use of existing vacant/abandoned buildings

79
Q

Growth Management Tools (4)

A

Acquisition
Taxation
Regulation
Capital Improvements

80
Q

Acquisition

A

Securing full or partial property rights to land to ensure smart growth
Fee-simple, Easements

81
Q

Fee-Simple Acquisition

A

Actual purchase of title and rights to a property

82
Q

Easement

A

Specific rights that can be purchased, donated, or regulated

Establishes certain opportunities OR restrictions regarding the use of the land that is included as part of the deed.

83
Q

Does an easement result in title transfer of land?

A

NO!!

84
Q

Taxation as a Growth Management Tool

A

Intent is to achieve a non-revenue based objective.

Tax is used to discourage one land use and encourage another

85
Q

75% communities in NYS have zoning laws. The usual exceptions are…?

A

small rural towns and villages

86
Q

A municipality with Zoning must also have a…?

A

Zoning board of appeals

87
Q

Conventional Zoning includes specifications like

A

Site layout and bulk requirements such as setbacks and max story limit

88
Q

Zoning designates ______ for each district

A

specific uses

89
Q

Zoning can outline procedural _____?

A

requirements

90
Q

Some criticize zoning by saying it creates a ____ environment ______ ________ ____ _____

A

Sterile…not conducive to development

91
Q

Zoning Board of Appeals

A

Members selected by governing body serve staggered terms. Hears the appeals of aggrieved applicants related to the interpretation of zoning codes

92
Q

If not satisfied w Zoning Board of Appeals a claimant can appeal to

A

the court of the land!

93
Q

Zoning Board of Appeals hears requests for…?

A

Variances

94
Q

Use Variance

A

to use land for a purpose not allowed in zoning regulations

95
Q

Area Variance

A

for applications not in compliance w/ the dimensional requirements of the zoning regulations

96
Q

Form Based Code

A
Neighborhoods and streets
Emphasis on building relationships w surroundings and use
Mixed use
Diversity in neighborhoods
Ability to transform or preserve
Focus on building and site form
Build-to lines on parcels
Attention to street and streetscape
Addresses URBAN ENVIRONMENTS
97
Q

Conventional Zoning

A
Districts
Emphasis on individual uses of property, rigid use of lot size and building placement
Segregation of land use
Uniformity in neighborhoods
Limited ability to effect change
Limited design standards
Setbacks from road on parcels
Focus on site, little attention to right of way of public
98
Q

A Comprehensive Plan is..

A

A formal document established and adopted by a community to guide physical development and a statement of the community’s vision.

99
Q

How long does a Comprehensive Plan plan for?

A

Typically long term, as in 20-25 years

100
Q

Can a Comprehensive Plan serve as a legal document?

A

Yes.

101
Q

Comprehensive Plans takes what into consideration?

A
Current land use regulations
growth patterns
provisions for infrastructure
natural resources/ environmental features
housing
economic development
102
Q

“Mixed Planning” is…?

A

a two-step middle-range model to planning

103
Q

The census does not provide information on…?

A

religious status

104
Q

Euclid V. Amber Upheld Constitutionality of which type of zoning specifically?

A

Comprehensive zoning

105
Q

Police Power

A

The right of government to regulate for protection of Health, safety, and welfare of society

106
Q

Enabling Statutes

A

Legal authority delegated by the states to municipalities to enact local land use laws and regulations

107
Q

Home Rule

A

Allowance for local land use laws and regulations via enabling statutes

108
Q

New York is a strong ____ ____ State

A

Home Rule

109
Q

State w most home rule?

A

Hawaii

110
Q

What are two important issues regarding use of eminent domain

A

Definition of “public use” and question over what is “fair market value”?

111
Q

A Takings has occurred if…

A

the action interferes with the claimants reasonable investment backed expectations

112
Q

Population of US in 1950

A

152 Million

113
Q

Population of US in 2000

A

281 Million

114
Q

Population of US in 2017

A

326 Million

115
Q

Projected Population of US in 2050

A

405 Million

116
Q

In 2010 what percentage of US Pop. was 65+

A

13%

117
Q

In 2030 what percentage of US Pop. will be 65+?

A

20%

118
Q

In 1800 the US was still a(n) _____ society

A

Agrarian

119
Q

In 1800 ___% of people in Urban Areas

A

6%

120
Q

In 1800 ___ and ____ are the only two cities w population over ____

A

NYC…Philadelphia…25,000

121
Q

Robert Moses?

A

Power Broker, sent thru-ways through neighborhoods, antithesis to Jane Jacobs

122
Q

Biggest Question facing US in planning

A

How will we deal with the needs of an aging population?!

123
Q

How to avoid legal challenges in planning

A

Adopt a comprehensive plan
treat all similarly situated properties equally
allow for hardship exemptions
keep consistent regulations
be innovative when solving problems w regulations

124
Q

Aspects of Growth Management (3 Things)

A

Fiscal
Social
Environmental

125
Q

Foci of Growth Management (4 Things)

A

Amounts
Timing
Location
Character

126
Q

Smart Growth

A
Mixed land use
range of housing types
walkable neighborhoods
range of transportation choices
strong sense of place
strengthen existing communities
preserve farmland
Encourage community-stakeholder collab
127
Q

Subdivision

A

The division of a parcel of land into two or more parcels with or without streets for the purpose of sale, transfer, ownership, or development

128
Q

When is a site plan and review process required when Subdividing.

A

When the structure (existing or proposed) is a commercial or apartment building
(Not Single Family!!)

129
Q

Overlay Districts

A

Superimposed additional layer of requirements to accommodate special circumstances

130
Q

Primary Applications for Overlay Distrcits

A

Environmental/resource conservation areas

Historic districts

131
Q

Cluster Development

A

Same # of homes but closer together and smaller
Preserves more land
More open space
Creates a less developed area

132
Q

Elements of a Site Plan Review

A
locations and dimensions
architecture
availability of utilities including water storm management
proposed grades and contours
Parking
lighting and signage
Landscaping
various discretionary
133
Q

Transfer of Development Rights (Sending & Receiving Districts)

A

development rights are transferred from an area of land designated a “sending district” and given to a “receiving district”
Established and brokered by governing entity

134
Q

Sending & Receiving Districts example

A

Sending District: Farmland and forest area

Receiving District: A growing urban area

135
Q

Advantages of S&R Districts

A

Allows for more preservation and more development than would be mandated or prohibited by code
Allows urban areas to grow and natural areas to be preserved while providing just compensation

136
Q

Prices of Dev. Rights in S&R Districts are determined and agreed upon by…

A

The owners of both parcels

137
Q

Capital Improvement Plans

A

Annual Process designed to evaluate and prioritize capital investments in a community over a 6 year time frame

138
Q

Capital Improvement Plan Elements

A

Proposed Improvement
Estimated Cost
Funding Sources
Time Frame

139
Q

Capital Investments are/have

A

Funds in excess of regular operating expenses
Have significant value
Useful life of at least two years

140
Q

Advantages of Capital Improvement Plans

A

Helps prioritize needs
Focuses on limited projects
Funding needs and sources are predetermined
Avoids hard/rushed decisions

141
Q

How are Capital Improvements are Financed?

A

Reserve funds

Borrow on anticipated revenue

142
Q

Local Revenue Sources for Capital Improvement Plans?

A

Property and income taxes
Special Assessments
User charges (parking tickets, meters, etc.)
Shared revenue sources (sales tax, lottery tix)
Federal and State Grants
Private Sector (Mitigation fees, impact fees)

143
Q

Tenement Law of 1867

A

Required windows in each room required and a fire escape for the building

144
Q

What was the loophole of Tenmnt. Law of 1867

A

You could just build windows between rooms

145
Q

Time frame of a Capital Improvement plan?

A

generally 6 years

146
Q

The main problem with the American Community Survey is that it has a

A

large margin of error

147
Q

American Community survey is an ______ survey that gathers ______ _______ data on a sample of individuals in the country

A

Annual…Socio-economic

148
Q

When was the first US Census taken

A

1790

149
Q

The legal purpose of the census is to determine

A

the number of congressional representatives from each state and the districts they will represent

150
Q

Back in the day a cities were necessarily ____ and ____

A

high concentration and high density