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AICP 2016 Prep Set 2

American Institute of Certified Planners - May 2016 Exam

Population Estimate: Linear Method Uses the rate of growth (or decline) in population over a period of time to estimate the current or future population. EX: If the pop. of a city has increased by 1,000 people per year for 20 years the same rate of growth would be applied to the future
Population Estimate: Exponential Method uses rate of growth (or decline) in pop. over a period of time to estimate the current or future pop. EX: growing 2% per year for 20 years (2% of 2000 is more than 2% of 1000) - results in a curved line
Population Estimate: Modified Exponential Method assumes there is a cap to the change in exp. method and at some point growth will slow or stop - Gompertz Projection = further mod. of ME where the growth is slowest at the beg. and speeds up over time.
Population Estimate: Symptomatic Method Uses available data to estimate current pop. - sources may be water taps, phone lines, building permits, voter reg., utility connections EX: ave. household size is 2.5, if 100 new units are added the pop. increases by 250
Population Estimate: Step-Down Ratio Method Simple way to est. or project pop. - uses the ratio of the pop. in a city and a county (or larger geo unit) at a known point in time (like census) EX: the pop. of Sunny is 60% of the county in 2000. County pop. is 20k in 2005 then Sunny is 12k
Population Estimate: Distributed Housing Unit Method Uses the census bureau data for the # of housing units which is multiplied by the occupancy rate and persons/household - reliable for slow growth or stable communities - unreliable for cities that are growing quickly
Population Estimate: Cohort Survival Method Uses the current pop. plus nat increase and net mig. to calc. future pop. - calc. for men and women at diff. ages - pyramid shaped - birth cohort at bottom - natural increase, birth & death rates incl. net migration - most accurate, needs lots of data
Input-output analysis Quantitative method that links suppliers and purchasers to determine the econ. output of a region - sim. to econ base - needs a large quantity of data (expensive) - today done by software tech - 3 tables: transactions, direct req., total req.
Primary Suppliers, Intermediate Suppliers, Intermediate Purchasers, FInal Purchasers (Input-Output analysis)? PS - do not purchase input for production, purchase only final goods IS - sell outputs to int. or final purchasers IP - buy outputs from other and use them as inputs to prod. outputs FP - use their inputs as final goods
North American Industry Classification System (NAICS) standard used by Fed. statistical agencies when collecting, analyzing and pub, statistical data about the US economy - Dev. in 1997 by Office of Management & Budget - partner with Canada & Mexico - 6 digit codes
Depreciation a method of allocating the cost of a tangible asset over its useful life. Businesses depreciate long-term assets for both tax and accounting purposes
Acquisition Cost Cost recognized for property or equipment after adjusting for discounts, closing costs, etc. (before sales tax)
Fair Market Value Estimate or opinion of the theoretical worth of an item - the price a buyer is reasonably expected to pay and a seller could reasonably be expected to accept.
Changes between the 2000 and 2010 Census form - 2010 74% response rate via mail out 1. eliminated long form census questions 2. Paid advertising program 3. Bilingual forms - American Community Survey replaces long form and is mailed to 1/6 of the pop. every 5 years - enlisted thousands of groups to promote census to avoid undercount
2000 Census: changes from previous years 1. mailed to every household 2. 17% received long form 3. shortest short form since 1820 4. first time responders could select multiple races - 65% responded in initial mail out, followed up with phone calls and in person visits
Threshold Population a term that is under a number of gov. programs to determine program eligibility EX: Phase II stormwater requirements auto apply if a city meets the min. thresh population, also qualifying to receive CDBG funds
Changes in the US population 76 million people in 1900 to 308 million in 2010 - more than 27 million added between 2000-2010 - 81% of the pop. living in urban areas in 2010
Census: Fastest Growing States between 2000-2010 1. Nevada 35% 2. Arizona 25% 3. Utah 24% 4. Idaho 21% 5. Texas 20%
Census: 5 most populous metro areas in 2010 1. New York 2. Los Angeles (10% of US live in these two) 3. Chicago 4. Dallas-Fort Worth 5. Philadelphia
Census: 5 least populous metro areas in 2010 1. Carson City, NV 2. Lewiston, ID-WA 3. Casper, WY 4. Columbus, IN 5. Sandusky, OH
Census: 5 most populous micro areas in 2010 1. Seaford, DE 2. Torrington, CT 3. Hilton Head Island, SC 4. Hilo, HI 5. Daphne-Foley, AL
Census: Fastest Growing Metro Areas 2000-2010 1. Palm Coast, FL 2. St. George, UT 3. Las Vegas, NV 4. Raleigh, NC 5. Cape Coral-Fort Meyers, FL
Census: Fastest Decline in a Metro Area 2000-2010 1. New Orleans, LA 2. Pine Bluff, AR 3. Youngstown-Warren, OH-PA 4. Johnstown, PA 5. Steubenville, OH-WV
Census: Highest Pop Density 2010 1. New York-Long Island, NY-NJ 2. Los Angeles-LB-Santa Ana, CA 3. SF-Oak-Fremont, CA 4. Trenton, NJ 5. Honolulu, HI
Census: Losses Michigan lost .6% of the population, Puerto Rico lost 2.2%
Census: States with Highest Population Increases 1. TX 4.3 m 2. CA 3.4 m 3. FL 2.8 m 4. GA 1.5 m 5. NC 1.5 m 6. AZ 1.3 m = 1/2 of overall pop. increase since 2000
Census: Slowest pop. increases 2000-2010 1. Rhode Island .4% 2. Louisiana 1.4% 3. Ohio 1.6%
Census: States with Highest Populations 1. CA (highest since 1970) 2. TX 3. NY 4. FL
Census: Hispanic Population More than half of the overall growth in population in the US was due to the Hispanic pop. increase, 15.2 m from 2000-2010 43% growth - highest pop in TX & EL Centro - largest decrease: NM, TX, NY
Other Census Trends: South or Utah is the "youngest" - FL is the "oldest" - M to F ratio 96:100 (West highest) - Ave household size went from 3.1 in 1970 to 2.59 in 2010
Census: Housing Trends 2000-2010 89% of housing units occupied - 13.6% increase in housing units (south & west highest) 1. NV 2. AZ 3. UT 4. ID 5. GA - 65% ownership (decrease 1.1%) (WV & MN highest owner)
Baby Boomers Born 1946-1964 - during a period of exceptionally high birth rates = elderly social issues (social security, accessibility) are a factor as this group ages
Generation X Born 1965-1976 - period of low birth rates
Generation Y (Echo Boom or Millennials) Children of baby boomers - 1977-2000 - generally the children born in the 80s and 90s
Generation Z Born after 2000
Geographic Information Systems (GIS) The field of computerized mapping - data can be captured through digitization or GPS, digitization is tracing points, lines and areas from a paper map, photo or raster image resulting in a graphic or vector file
GIS: Thematic Map Map with a theme - shows landmarks - start with base map and then add points, symbols and shaped
GIS: Choropleth Areas are colored to indicate information
GIS: Symbol Information
GIS: Location Geographical Information
GIS: Point Layers Location of cities
GIS: Line Layers Roads and rivers
GIS: Polygon Layer Shapes of states and counties
GIS: Image Layer Background Terrain
GIS: Data What information do you want to analyze
GIS: Shape FIles The map outlines the data - choropleth (color) - also called polygon files
GIS: Base Map Helps the user know where the data is located - background for the data - gives useful info like terrain, roads and place names
GIS: Spatial Data In the form of themes, layers or coverages - can be displayed accurately because of GEOREFERENCING (refers to the exact location) - themes could be waterways, schools, forest land
GIS: Attributes Info about an object or feature - data typically stored in a database or spreadsheet format EX: Census Tract: pop., # of households, etc.
Topographic Map Two-dimensional representation of the three-dimensional surface of the earth
Global Positioning System (GPS) allows the incorporation of the location of features & facilities into databases - has improved the spatial accuracy of planning information
TIGER Map Topographically Integrated Geographical Encoding & Referencing map - used for census data - includes streets, railroads, zip codes, landmarks - can be downloaded as base layer in GIS - communities often dev. web-based GIS to access these files
Digital Aerial Photography Can be incorporated into GIS - has allowed for accuracy to the .5 foot resolution
Digital Elevation Models (DEMs) Show digital data about the elevation of the earth's surface as it varies across communities - allows planners to analyze & map this info - can be used for storm water, flood control, land use decisions
Light Detection and Ranging (LIDAR) New technology using laser, instead of radio waves, that is mounted in an airplane to provide detailed topo info - can provide a dense pattern of data points to create 1 foot contours for DEMs to use in watershed mapping or flood control or code enforce
UrbanSim simulation software that models planning and urban development - free software to be used by MPOs
CommunityViz software program that allows agencies to create 3D images - allows citizens to visualize the potential for development and redevelopment
Fiscal Impact Analysis: Average per Capita Method simplest but least reliable - divides the total budget by ex. pop to determine ave cost - then result is multiplied by new pop. of development - issue: assumes the cost of service to the new dev. is the same as the cost to the exist. community
Fiscal Impact Analysis: Adjusted per Capita Method Uses the figure calculated in the average per capita method and adjusts it based on expectations about the new development - relies on subjective judgement
Fiscal Impact Analysis: Disaggregated Per Capita Method Estimates the costs and revenue based on major land uses EX: the cost of servicing a shopping center vs. apartment complex
Fiscal Impact Analysis: Dynamic Method Applies statistical analysis to time-series data from a jurisdiction - requires more data and time than other methods EX: Determines how much sales tax revenue is generated per capita from a grocery store and applies it to new development
Challenges of Fiscal Impact Analysis How to split costs EX: capital purchases (roads) may occur in one year but are financed over time or multiple developments share the new road "fair-share"
Private Sewage Treatment Facility Common in low density areas, individual sewage treatment, generally processing between 10,000 and 250,000 gallons of waste
City of Edmonds v. Washington State Building Code Council (Oxford House) ordinance for family req people be related by marriage, adoption, etc and also that no more than 5 unrelated ind. could reside in one house - halfway house sued under the Fair Housing Act - City won, weren't capping the total just the unrelated total
Total Quality Management (TQM) Management approach - originated in the 1950s (more popular since the early 1980s) - Total quality is a description of the culture, attitude and org. of a company that strives to provide customers with products and services that satisfy their needs.
Mitigation Banks Used to create a single large wetland area to replace several smaller wetland areas
Most effective growth management technique Limiting the number of building permits to a specific number per year based on a desired population growth
Assessment Roll List showing the total assessed value or taxable property in a county
Scatter Diagram Useful aid in Regression and Correlation analysis - a visualization of the relationship between two variables measured on the same set of individuals
Which state enacted state-wide growth management? Oregon (Transportation included in plan)
Amount of farmland we lose every minute in the US (acres)? 3
Fishbone Diagram aka cause and effect diagram - identify potential factors causing an overall effect
Run Chart also known as a run-sequence plot is a graph that displays observed data in a time sequence. Often, the data displayed represent some aspect of the output or performance of a manufacturing or other business process
Pace-setting Laws Used by BART for redevelopment of transit villages - Designates transit stations as special red. areas - CA
Lucas v. South Carolina Coastal Council 1992 - court found an exception to taking rule when an activity would traditionally be a nuisance - court rules for Lucas, land had been rendered valueless by state law banning habitable structures on his land (barrier island) - land purch before law
The major land use innovation of the 1980's? Inclusionary zoning - Davidoff claim
Max distance a high school should be from the pop. it serves? 30-40 min.
Congress approval of the Community Development Block Grant program created? Important Goal? The Section 8 Housing Program - 1974 - Reduce the fed. gov. role in local government affairs
Yellow Book 1979 - A cookbook for park and open space standards - published by the National Recreation and Park Association
Strategic lawsuits against Public Participation (SLAPPs) a lawsuit that is intended to censor, intimidate, and silence critics by burdening them with the cost of a legal defense until they abandon their criticism or opposition. Such lawsuits made illegal in many jurisdictions - freedom of speech reasons
Xeriscape Designed to conserve water usage - water-conserving landscapes, drought-tolerant landscaping, and smart scaping. Plants whose natural req are approp to the local climate are emphasized, and care is taken to avoid losing water to evaporation and run-off.
1980s-early 1990s HUD trend? Acquiring an increasing number of apartment buildings through mortgage defaults
Book: The Use of Land: A citizens Policy Guide to Urban Growth 1973 - William Reilly - visioned a more equitable and environmentally sensitive development
When and Who on Medicare? Johnson Admin. - 1966 - Congress enacted Medicare under Title XVIII of the Social Security Act to provide health insurance to people age 65 and older, regardless of income or medical history, prior only 65% of pop. over 65 had insurance
Concurrency Requires that new dev. be prohibited unless adequate infrastructure is, or soon will be, in place to support the growth - Florida growth management laws in 1985 created term
Urban Villages A central component to the 1985 Phoenix General Plan - an urban dev. typically characterized by med-density housing, mixed use zoning, good transit and an emphasis on pedestrian-scale and public space - Jane Jacobs inspired - Born in Britain
What are smart parks? High-tech business parks
Redevelopment agency funding? When red. causes prop values to rise, the diff. between the old assessed values and the new leads to changes in prop. tax - these increases become the tax increment paid to the red. agency
Times Square Symbol of decay in the 1980s and rebounded through a major redevelopment and rehabilitation program
First English Evangelical Lutheran Church v. County of Los Angeles 1987 - church had camp in mtns - destroyed by flood - county said can't rebuild - court rejected concept that sole remedy for a taking is payment of full val of prop and gave the county the choice to buy prop or revoke ord and pay for losses during trial
Nollan v. Calif. Coastal Commission 1987 - court ruled that exactions are valid as long as there is a reasonable rel. between exaction and impact on a proj. - CCC wanted public easement on beach front prop. - court said they'd need to pay if they wanted the land
Stagnation The simultaneous occurrence of high unemployment and inflation
Recession a period of temporary economic decline during which trade and industrial activity are reduced, generally identified by a fall in GDP in two successive quarters
Depression a depression is a sustained, long-term downturn in economic activity in one or more economies. It is a more severe downturn than an economic recession,
Seminole Tribe of Florida v. Florida 1996 - court considered whether private parties could sue in fed court - court deter that fed leg cannot override the sovereign immunity granted to the states by the 11th amend - meant that state is allowed more leeway in reg. casino gamb. on indian land
Average age of the typical non-residential building 40 years
Effect of doubling the residential density of a community to reduction of annual auto mileage per capita? 20-30%
Transportation Equity Act of the 21st Century (TEA-21) 1998 - auth. fed. surface trans programs for highways & transit for 6 year per. - new finance mechanisms: GARVEE Bonds and Transportation Infrastructure Finance and Innovation provisions - requires 7 planning factors - safety, pres., connectivity, etc
Most & Least Affordable Cities Most - midwest, Jackson, MI, Kokomo, Ind, Peoria, IL Least - CA has 7/10 least - SF, LA, Ventura, Miami, Honolulu & CT
Charles Pierre L'Enfant French-born American architect & engineer - best known for designing the layout of the streets in Wash DC (L'Enfant Plan) - Wash appointed him to plan the new "Federal City"
Housing Assistance Plan HAP
Goals of Urban Renewal Eliminating substandard housing, revitalizing city economics, constructing good housing
CD Grants Initiated to provide funding for local economic development
Tahoe-Sierra Preservation Council v. Tahoe Regional Planning Agency 2002 - Justice Stevens: "Treating them all as takings would transform gov reg. into a luxury few gov. could afford" - moratoriums while working on comp. plan for region
A charge of misconduct against an AICP member should be filed with? The executive director of the AICP
What is a Social Impact Assessment (SIA)? primary mechanism used in the US in advance for social effects of dev. - a broader socioeconomic impact assessment associated with EIR and EIS documents
The Cleveland Policy Planning Report 1975 - What may be needed for successful social planning is a reorientation of the whole concept of the comp. plan that would place equity at its heart
Aggregation is? The summation of attribute data over particular geographic areas - attribute: data about map features
What created the Council of Governments? A-95 Clearinghouse Review - need for states to create groups to review use of fed. money and grants - 1968
Berman v. Parker 1954 - D.C. Redevelopment Act created Red. Agency - goal of redev. of blighted areas by buying prop and selling to a private comp. for redevelopment - 5th allows congress to seize priv. prop with just comp - aesthetics is a valid pub purpose
Cities built with Town Squares? Boston, Savannah, Philadelphia & New Haven
Origins of growth management as a planning trend? 1970s - result of increasing concerns of local advocacy, environmental protection and rising dev. costs
Visual Preference Survey technique for obtaining public feedback on physical design alternatives - participants score images or designs which are then used to make final designs - popular in the 1990s
Significance of Efficiency The efficiency that plans can produce
Evolution of Rational Management The logic of analysis, the worth of evaluating the consequences of alternatives, the validity and pertinence of info, and the effectiveness of standards and policies in achieving goals
Sherry Arnstein A ladder of Citizen Participation - 1969 - describes the levels of involvement by citizens (nonparticipation to tokenism to citizen power) - advocate of public participation
Norm Krumholz Adopted equality planning as Chief of Planning in Cleveland during the 70s - make the needs of low-income people the priority - planners should work to redistribute the wealth to the poor & working class - dev. planning dept known for advocacy
Saul Alinsky envisioned an organization of organizations - "It is a grave situation when people resign their citizenship or when a resident lacks the means to participate"
Potential Tools for Interactive Engagement of the Public advisory committees planning cells neighborhood planning negotiated rule making charettes joint fact finding
Potential Tools for Obtaining Input from the Public Public hearings - public meetings - nominal group technique - survey research - delphi process - visioning processes - e-government tools
Tools for Getting Info to the Public Newsletters - stakeholder outreach - TV
4 D's of Citizen Participation Demystification - making planning user-friendly Deprofessionalization - anyone can shape the future Decentralization - decisions are not concentrated downtown Democratization - involve as many people as possible
Level of Service Volume to Capacity Ratios A = .35 B = .55 C = .77 D = .92 E = 1 F = more than 1 Closer to 0 is better flow
What makes a plan COMPREHENSIVE? comprehensive scope - long-range - developed from an expression of the community's overall vision and goals for the future - part of a regional planning context - multi-disciplinary analysis - provides a policy framework for daily decisions
What is a policy? A principal or rule to guide decisions and achieve rational outcomes A statement of intent that is implemented through a procedure or protocol Used by elected officials in the delegation of resp. to staff for making day to day admin decisions
Why do we need policies? Provide a rational means for gov. to make consistent and transparent decisions Improve efficiency of gov. operations Policies are consistent with stated goals Ensure that decisions are consistent over time Ensure equity among stakeholders
Incremental Planning Theory Charles Lindblom - 1959 - The Science of Muddling Through - plans are made in an incremental manner - planning has to be piecemeal, opportunistic and pragmatic - focus on solving existing problems - zoning code amendments are incremental
Mixed Scanning Theory Amitai Etzioni - compromise of rational & incremental - two levels: big picture (rational) and small picture (incremental) - recognizing the diff. between policy-changing decisions & implementation decisions - assumes centralized decision making process
Growth Management Rationale Protection of Natural Resources, Historic Resources, Ag and Farmland - Infrastructure Limitations - Hazard Mitigation - Fiscal Impact Mit. - Econ Dev. - Smarter & more efficient growth
Tools for Growth Management Large lot zoning - urban growth boundaries & urban service areas - Adequate pub facilities ordinances - impact fees - conservation use taxation - conservation easements - TDR/PDR
Role of the Planning Commission Appointed by elected officials - recommending body - conducts public hearings and fact-finding for comp plan, zoning text and map amend, CUPs
Role of the Zoning Board of Appeals Appointed by Council or County BOC (Building) - quasi-judicial - conducts pub hearings and fact-finding for appeals of admin decisions, variances and hardships, and special exceptions
Euclidian Zoning aka single-use zoning - emphasizes use separation - encourages auto-oriented dev. - not ped-oriented - no mixed-uses - weak tools for design quality - creates traffic issues, suburbia/sprawl
Innovative Land Use Controls PUD - Open Space/Conservation Subdivisions - Performance-based land use controls - overlay zoning districts - corridor management/design - mixed-use dev. - TOD - Form-based coding
Special District (overlay) Has a special set of regulations - underlying district is "parent" district - parent dist. reg. apply in additional to the overlay reg.
Planned Unit Development (PUD) Encourages innovative approaches to development - can be in the form of floating zone or CUP - allows negotiation of the site req. EX: may allow increased density in return for benefit (more open space)
Performance Zoning Specifies the intensity of land uses that are acceptable instead of what uses can be in specific districts - deals with performance of a parcel & effects on surrounding land - developed in PA in 1973
Natural Resource Overlay Use Hillside Development - Watershed Protection - Stream Corridors - Extractive Resource Areas
Economic Dev. Overlay Use Enterprise Zones - Downtown Districts
Social Overlay Use Affordable Housing - Alcohol license restrictions - Payday Lending
Incentive Zoning Extra FAR for: mixed-use dev. - public spaces and amenities - public improvements - affordable housing - transit access to buildings - LEED construction - other public amenities
Form Based & Smart Codes Code is mostly graphics & charts, less words - intent is to set form/design - map is presumed to be static - flex on use/inflex on design
Transfer of Dev. Rights Dev. rights are separated from one parcel and sold to another - landowner enters into conservation easement permanently restricting dev. on parcel -
Vested Rights Similar to non-conforming - indicates the point at which the right to develop cannot be taken EX: change of uses on a prop. after meeting with prop. owner then changed before dev. approval, Walmart allowed and then big box disallowed before dev. app
Range High Value - Low Value
Variance Subtract the mean from each value, square the difference, sum the squares of the differences and divide by the number of cases
Standard Deviation Square root of the variance - can relate to original units
Land Based Classification System (LBCS) Classifies land uses by refining traditional categories into multiple dimensions: activities, functions, building types, site dev. character and ownership constraints - allows users to have direct control over land use classifications - color coded
National Environmental Policy Act 1969 - NEPA - resulted in the creation of the Council on Environmental Quality - EAs and EIS processes
Environmental Assessment required to determine whether there is a significant environmental impact - leads to prep of an EIS where necessary
Environmental Impact Statement needed for federal actions significantly affecting the quality of the human environment - scoping comes first, allows public input on what the study should look like - assesses alternatives (heart of the EIS)
5 Topics an EIS must address 1. Probable impact of the proposed action 2. Any adverse env. effects that cannot be avoided 3. Alternatives 4. Relationship between short-term uses of the env. and the maintenance and enhance of long-term prod 5. Any irreversible effects to resources
Categorical Exclusions Cat Ex - Projects that are excluded from NEPA
City Beautiful Movement Movement to address severe poverty, crime & blight thru expression of moral & civic virtues - Burnham, late 1800s-early 1900s - resulted in Beax-Arts Style civic centers - White City & McMillan Plan of 1901
The McMillan Plan of 1901 Wash DC - incorporated city beautiful principles - focused on boulevards & civic center spaces
The Chicago Plan of 1909 Burnham - 1st regional plan - focused on ideas from city beautiful: riverfront development & civic center spaces
US Housing Act of 1954 Largest impetus for comprehensive planning - req cities to dev comp plans & provided funding (Section 701) - neg effect was cities dev plans just to get the fed funding
Comprehensive Plans in the 1970s-80s Shifted to a more social focus: equity, neighborhood pres & historic pres
Central Place Theory 1933 - Walter Christaller - Europe-based - explains the size & spacing of cities by stating that there is a min market threshold to bring a firm to a city - higher the range the further people are willing to travel for the goods
Rational Theory Dominant thru the 50s - can only be used when problem is easily defined & there is a best solution - involves: set goals, det alternatives, eval alt, choose one, implement alt & the eval alternative - cannot be used with complicated or diff problems
Advocacy Planning Theory Paul Davidoff - 1960s - planning for the people, by the people - planners should work directly with interest groups - represent the interest of all groups in a comm, not just the majority
Transactive Planning Theory John Friedmann - 1973 - based on a book - developed as a way to get the public involved with the planning process - planners meet with individuals & develop plan based on interaction - neg: time consuming, can't work with large groups
Radical Planning Theory John Friedmann - 1987 - Planning in the Public Domain - takes the power away from the gov and gives to the people - prob: not possible to implement because gov structure doesn't allow citizens to implement a plan
Communicative Planning Theory Current practice - open planning that includes a more intense citizen participation process - uses rational model for creating consensus with stakeholders - evolved out of advocacy & transactive planning (planner is facilitator here tho)
Welch v. Swasey 1909 - Mass. - established the right for municipalities to regulate building heights
Eubank v. Richmond 1912 - court approved the concept of the use of setbacks (but overturned in this case)
Nectow v. City of Cambridge 1928 - zoning act was struck down because it had no public purpose (eg to promote the health, safety, morals or welfare of the public)
Construction Industry of Sonoma County v. City of Petaluma 1975 - court upheld quotas on the annual num. of building permits issued - city can limit & control growth
Associated Home Builders of Greater East Bay v. City of Livermore 1976 - court upheld temp moratorium on building permits - livermore stopped growth until educational facilities, sewage system & water supply could be brought up to standards needed
Massachusetts v. EPA Inc 2006 - involved 12 states & several cities - forced EPA to regulate carbon dioxide & GHG - court held that the EPA must provide a reasonable justification for why they would not reg. GHGs
Rapanos v. United States 2006 - resulted in settlement with EPA - court found that the Army Corp of Engineers must determine whether there is a nexus between a wetland & navigable waterway
SD Warren v. Maine Board of Environmental Protection 2006 - court found that hydroelectric dams are subject to Section 401 of the Clean Water Act - operation of a dam @ a paper mill
Young v. American Mini Theaters 1976 - Detroit - court upheld a zoning scheme that decentralized sexually oriented businesses EX: 1,000 feet from schools, parks, etc
Metromedia Inc v. City of San Diego 1981 - court found that commercial & non-commercial speech cannot be treated differently - court overruled an ordinance that banned all off premise signs because it effectively banned all non-commercial signs EX: political signs
Members of the City Council (LA) v. Taxpayers for Vincent 1984 - court found that regulation of signs was valid for aesthetic purposes as long as the ord does not regulate sign content - ord banned posting signs on telephone poles
City of Renton v. Playtime Theaters Inc 1986 - court found that placing restrictions on the time, place & manner of adult businesses is acceptable - law was not aimed at the content of the film but the secondary effects (traffic & crime) - city does not have to site land for adult businesses
Religions Land Use & Institutionalized Persons Act of 2000 After the ruling in Boerne v. Flores - declares no gov may implement land use reg in a manner that imposes sub burden on a religious org unless the gov demonstrates that the imp furthers a gov interes & is the least restrictive path to furth the interest
Civil Liberties for Urban Believers v. City of Chicago 2003 - church sued on RLUIPA but court found that the ord in question was no more restrictive on the church than any other use in the same zone - court found that Chicago's changes brought the ord into compliance with RLUIPA instead of the opposite
Cutter v. Wilkinson (OH) 2005 - religious exercise rights in prison - act is a const religious accommodation under 1st amendment est. clause - prison was not accommodating non-mainstream religious but prison won suit because it wasn't restricting, just not enabling
Fred French Investing Co v. City of New York NY Court - 1976 - city req public park on priv prop leaving no income prod use of the lot - court invalidated the park requirement but did not rule that compensation was required in this case
Penn Central v. NY (court findings) 1922 - court found that a taking is based on the extent of the diminution of value, interference with investment backed expectations & the nature of the gov action - court weighed the econ impact of the reg on investment backed expec & the char of the reg
Agins v. City of Tiburon 1980 - tiburon down-zoned parcels to low density, then said they would take in em domain but stopped sale 1 day b4 sale - owner sued - court determined that it was not a taking to zone a prop low density because it didn't remove all dev rights
Agins v. Tiburon reversal 1987 - court reversed portion of ruling since agins owner prop prior to down zone and prop owner was able to build three homes on the site (instead of just one)
Loretto v. Teleprompter Manhattan 1982 - court found that when there is a physical occ there is a taking - cable comp installed cables on bldgs in NY, prop owner sued claiming that allowing the cable comp to do that on their building was a taking
Keystone Bituminous Coal Assoc v. DeBenedictis 1987 - Penn passed Bit Mine Subsidence & Land Conserv Act: reg under ground coal mining on the surface, prev miners from removing more than 50% coal beneath bldgs - court found that act had a valid pub purpose & still made land profitable
FCC v. Florida Power Corp 1987 - pub utilities challenged fed statute that auth the FCC to reg rents charged by utilities to cable tv oper for the use of utility poles - court found for the utilities and determined no taking had occurred
Suitum v. Tahoe Regional Planning Agency 1997 - guy owned undev lot near Lake Tahoe, lot determ infeasible for dev by agency & said Suitum could TDR to other owners - S sued for taking w/out comp - court found that it was a taking b-cuz S didn't have to try to sell his TDRs if he didn't want to
City of Monterey v. Del Monte Dunes @ Monterey 1999 - DMD wanted to dev their prop in Mont, Mont continuously denied their prop each time w/ stricter & more rig demand for smaller dev - after years DMD dec M would never app & sued - court found taking and upheld jury award of 1.45 m
Palazzo v. Rhode Island 2001 - P owned waterfront parcel, most of prop was salt march sub to tidal floods - multiple denials of app (beach club) so P sued 5th & 14th - court found in P favor found the app ripe for adjudication
Lingle v. Chevron USA Inc (language that reversed portion of Agins/Tiburon) 2005 - HI enacted limit on rent oil comp could charge dealers (gas stations) - rent was in resp to concerns about market conc on gas pricing - chev argued tak - court found that reg of prop effects a taking if it does not sub advance legit state interest
City of Rancho Palos Verdes v. Abrams 2005 - RPV gave A permit to const an amateur annt - A used it commercially city req CUP - A sued under telecomm act of 1996 - court ruled that A could not seek damages b-cuz it would distort the cong intent of that act
Kelo v. City of New London 2005 - NL used ED to seize priv prop to sell to priv dev for private use for econ dev purposes - K sued taking that it wasn't for pub use - court found that it qualified as pub use because it followed an econ dev plan - valid use of em domain
Stop the Beach Renourishment Inc v. Florida Dept of Env Protection 2009 - court ruled that submerged lands that would be filled by the state did not rep a taking to waterfront prop owners based on FL Beach & State Reservation Act of 1961 to restore eroded beaches
Koontz v. St. John's River Water Management 2012 - in 94 K applied to dev land above allow - SJ's app if K ded the rest of his prop into a conserv area & did some mit work in other areas - agreed to ded but not mit & SJ denied - court found that gov may not cond app land use unless nexus is shown
Munn v. Illinois 1876 - 14th amend - IL reg grain elev rates by est max rates - court found that reg pricing does not const taking or violation of due process - court est princip of pub reg of priv bus in the pub interest - reg of priv prop is ok when done for pub good
Village of Belle Terre v. Boraas 1974 - 14th - court found that comm has the power to control lifestyle & values - upheld reg that prohibited 2 unrelated ind from living together as a single fam - college house w/unrelated ind - ext police power to inc a comm desire for certain lifestyle
Village of Arlington Heights v. Metro Housing Development Corp 1977 - 14th - metro cont to bld racially integrated mixed inc housing, asked to switch frm SF to MF & vill denied - challeng on racial disc - court found that the denial may result in rac disc but evidence did not show that was the deliberate intention
City of Boerne v. Flores 1997 - church in hist dist wanted to exp - ord did not allow new const - sued under Rel Free Act - court found that under RFA gov is prohib from burdon on religions free exer unless prot a compelling gov interest - city and church compromised
First Amendment Freedom of Speech, Religion & Association - applies to adult uses & signs
Fifth Amendment Just compensation for taking - applies in takings & eminent domain
Fourteenth Amendment Due process, substantive due process, procedural due process & equal protection - prohibits states & local gov officials from depriving persons of life, liberty & prop without legislative authority - usually app in takings, emin dom & exactions
Post WWII Tract Home Models Levittown, NY & Park Forest, IL
Post WWII New Towns Reston, VA - 1962 - Robert SImon Columbia, MD - 1963 - James Rouse - social experiment, racially integrated, mixed-income
New Urbanism Mariemont, OH, Seaside, FL (1984), Kentlands, MD (1988), Disney-Celebration, FL (1996) - tend to be affluent (criticism) - walkability, mixed use, urban design, public transportation
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