Urban Planning Test 2
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Urban Planning Test 2
Urban Planning Test 2
What are the elements of the Comprehensive Plan?
Physically covers an entire community or municipality
long term (10-20 yrs)
a guide for development
may be adopted by local resolution or ordinance
What is the goals of Comprehensive Planning?
to promote the health, safety, and public welfare of the community
What are the five phases to the Comprehensive Planning process?
Research Phase (data gathering and forecasting)
Clarification of goals and objectives
Review and Revision
What are some of the aspects considered in the Research Phase of Comprehensive Planning?
Land Use Inventory
What needs to be done during Plan Formulation of the Comprehensive Planning process?
Gain public support
Provide facts and lay out options
Synthesize data/ public forum results
Present a SWOT analysis
What is zoning seen as?
Seen as an instrument to provide security against unwanted development and legal challenge
Role of state/substates of government to make market forces more efficient – to facilitate the production of market info
A legitimate exercise of police powers
What are police powers? Who is it derived from?
The inherent power of a sovereign government to legislate for the health, general welfare and safety of the community; derived by the state constitution
What was the first comprehensive zoning ordinance?
1916 New York Zoning Ordiance
What were some cons of the 1916 NY Z.O?
Lacked a planning component
Did not provide for future needs
Early concern with zoning districts
What were the specifics of the 1916 NY Z.O?
City divided into three districts
: Residential, Commercial, Mixed
Included five different height districts (Expressed in multiples of street widths)
Included five overlay districts (Specified ground coverage requirements)
What are some benefits of the 1924 Standard State Zoning Enabling Act?
Instrumental in ushering in a new era of federal responsibility
Gave states/cities a model for creating Z.O.
Positioned govt as the cooperative state that engaged in the scientific study of facts, collection of data, the estblshment of clearinghouses and the standardization of industrial parts and plans
Provided a procedural process to state and local govts and a defensible framework for hard to define limits of police power
What are the eight sections of the SSZEA?
Grant of Power
Conformity w/ the comprehensive plan
Public hearing mandate
Process for amendments/public protests
Creation of zoning commissions on hearings
Creation of Board of Adjustments that hears appeals
Authzd local authorities to enforce SSZEA through creation of z.o.
By 1929, how many local governments adopted zoning ordiances?
What did the 1928 Standard City Planning Enabling Act do?
Provided for city planning
Includes procedures for adopting the master plan (must give public notice)
Sets forth orgtzn of planning commissions
Covered 6 subjects
What are the six subjects under the SCPEA?
Org of power and planning commissions (to create a master plan)
Content of master plan (general design of city’s development)
Provisions for adoption of master street plan
Prov for apprvl of public improvements by plan commission
Control of private subdivision land
Prov for establishment of regional plng commission and regional plan
What is the point of Master Planning?
Ensures that development takes place in a systematic, coordinated and intelligently controlled manner
What was the outcome of the Euclid v. Ambler Realty case?
Court put its seal of approval on zoning as legitimate PP of local govt
Govt enactments have presumption of validity
Allowed munis to prohibit uses that were not exclusively nuisances
What was the basis of the Euclid v. Ambler Realty case?
Supreme Court upholds the constitutionality of zoning
Challenge from Ambler
: Z.O. not enacted for public purpose; claimed arbitrary and capricious
Court to distinguish b/n what was legitimate use of PP and if Euclid Village could create residual uses excluded them
Which court case proved what municipalities can determine what constitutes “family”?
Ladue v. Horn (1986)
Which court case proved that Munipalities have right to regulate family composition?
Village of Belle Terre v. Boraas-(1974)
What are the two parts of the 14th Amendment?
Substantive– is the z.o. or reg legitimate? I.e., Does it serve a public purpose?
Procedural– Are all parties provided with due process and equal protection under the law?
What did the South Burlington NAACP v. Mt. Laurel case prove?
Every muni in a state designated growth area has an obligation to provide low/mod housing: cannot exclude certain classes
A tool that allows munis to address blight, infrastructure planning
What two cases established the precedence of eminent domain?
Berman v. Parker – 1954
Kelo v. New London – 2005
What is the federal government's role in planning?
Fed influence over community and economic dev expanded after WWII
Federal govt can impose federal/legislative requirements
Can require citizens participation
What are the two things that land use planning is shaped by?
public capital investment and land use controls
What are the characteristics of the capital improvement plan?
CIP is usually 5years in scope
Provides a schedule of bonds or payment schemes
CIP promotes coordination of various cap projects
What are the characteristics of the General Obligation Bonds?
Guaranteed by “full faith and credit” of the muni govt
Voter approval required
Often issued under strict limits that vary from state to state
What are the characteristics of Revenue Bonds
Usually not obligations of the muni or state govt
Voter approval required
Backed by a claim on revenues the facility is expected to generate, i.e., toll roads, stadiums, etc. (a revenue producing project)
Describe the Subdivision Regulations.
Control the manner that a block of land may be converted to building lots
Requires that a plat be submitted and approved
Must be compatible w/ master plan
Will stipulate improvements (Dedications, easements; Payments in lieu of dedications)
What are the legistics of zoning ordiances?
Usually written by a consultant or planning agency
Must be adopted by the legislative body
Zoning is not takings, but it can be disputed as a taking
What are the two parts of a zoning ordiance?
Map/including specific zones
Text/specifies what may be constructed in each zone
What did Jane Jacobs advocate?
Critical of excessive separation of uses
Did not advocate single-use streets
Proposed a greater “mix” of uses, i.e., mixed use development
Suggested that mix of use promotes safety and “eyes on the street”
What is Form-Based Zoning?
Emphasis on physical form of development
More flexible about permitted uses
Originates in a community “visioning” process
Will specify minimum heights, setback, ingress, egress, aesthetic details
Less restrictive concerning permitted uses
Works best where there is available land for dev, (i.e., a new subdivision)