AICP Exam Study

Father of Regional Planning

Patrick Geddes

Father of Zoning

Edward Bassett

Father of City Planning

Daniel Burnham

Father of Modern Ecology

Ian McHarg

Father of Modern Housing Code

Lawrence Veiller

Father of Advocacy Planning

Paul Davidoff

14th Amend/Due Process case which ruled that KS could prohibit sale of alcohol based on PP.

1887 – Mugler v Kansas

Boston can impose different height limits on buildings in different districts

1909 – Welch v Swasey:

A ZO establishing building setback lines was held unconstitutional and not a valid use of the PP; violates the due process of law and is therefore unconstitutional under the 14th Amendment.

1912 – Eubank v City of Richmond:

SC upheld Los Angeles case prohibiting establishment of a brick kiln within a recently-annexed 3-mile area.

1915 – Hadacheck v Sebastian

SC indicated for the first time that a regulation of land use might be a taking if it goes too far.

1922 – Pennsylvania Coal Company v Mahon

Established zoning as a legal use of PP by local government. The main issue in this case was “nuisance”, and that a certain use near a residence could be considered “a pig in a parlor”. Argued by Alfred Bettman, future 1st president of ASPO.

1926 – Village of Euclid v Ambler Realty Co

Court found for Nectow and against a provision in Cambridge’s ZO based on the due process clause. However, it did NOT overturn Euclid.

1928 – Nectow v City of Cambridge

Established aesthetics and redevelopment as valid public purposes for exercising eminent domain. Wash. DC took private property and resold to a developer to achieve objectives of an established redevelopment plan.

1954 – Berman v Parker

Ruling that discrimination in selling houses was not permitted based on the 13th Amendment and Section 1982 creating equality for all US citizens.

1968 – Jones v Mayer

Legitimized planning unit development (PUD) process.

1968 – Cheney v Village 2 at New Hope

NY State Court of Appeals case that upheld a growth control plan based on the availability of public services. Case further emphasized the importance of the Comp Plan and set the scene for nationwide growth management plans.

1972 – Golden v Planning Board of the Town of Ramapo

Established hard look doctrine for environmental impact review. Section 4(f) DOT Act of 1966 – park use ok if no “feasible and prudent” alternative and “all possible planning to minimize harm”

1971 – Citizens to Preserve Overton Park v Volpe

Made National Environmental Policy Act (NEPA) requirements judicially enforceable.

1971 – Calvert Cliffs’ Coordinating Committee v Atomic Energy Commission

Opened up environmental citizen suits to discipline the resource agencies.

1972 – Sierra Club v Morton

Significantly integrated public trust theories into a modern regulatory scheme. Shoreland zoning ordinance along navigable streams and other water bodies upheld.

1972 - Just v Marinette County

Required zoning to be consistent with comp plans, and recognized that rezonings may be judicial rather than legislative. Central issue was spot zoning, which must meet the two measures to be deemed valid: 1st, there must be a public need for the change in question; 2nd, the need must be best served by changing the zoning of the particular parcel in question as compared with other available property

1973 – Fasano v Board of Commissioners of Washington Co., Oregon:

SC upheld the restrictive definition of a family as being no more than two unrelated people living together.

1974 – Village of Belle Terre v Boraas:

NJ Supreme court held that in developing municipalities in growing and expanding areas, provision must be made to accommodate a fair share of low and moderate income housing.

1975 – South Burlington County NAACP v Township of Mount Laurel I

Limited the # of residential building permits per year to 500 & placed a population cap of 55,000. The purpose was to make sure that the growth rate did not exceed the City’s ability to fund capital improvements. Court upheld.

1975 –Construction Industry of Sonoma County v. Petaluma

First sexually-oriented business case, which held that zoning for adult businesses does not automatically infringe on 1st amendment rights.

1976 – Young v. American Mini Theaters

The Chicago Housing Authority and HUD had to spread out concentration of public housing (scattered site housing), including into white suburbs that were not necessarily within Chicago. Argued under the Civil Rights Act of 1964.

1976 – Hills v Dorothy Gautreaux

Growth policy that timed phasing of future residential growth until performance standards are met; upheld the use of a moratorium.

1976 – Home Builders v. City of Livermore

Established that discriminatory intent is required to invalidate zoning actions with racially disproportionate impact. Court overturned denial of rezoning to allow for multi-family residences in a previously single-family zoned area.

1977 – Village of Arlington Heights v Metropolitan Housing Development

Restrictions on the development of Grand Central Station did NOT amount to a taking, since Penn Central could use TDR and secure a reasonable return on the property. Validated historic preservation controls.

1978 – Penn Central Transportation Company v The City of New York

Court forced full implementation and enforcement of the Endangered Species Act. Halted the Tellico Dam, which was almost completely built, because the endangered Snail Darter — a fish — was found.

1978 – TVA v. Hill (Secretary of Interior)

Ruled there is a takings when 1st, deprives property of all economically viable use; and 2nd, when it fails to enhance a legitimate government interest. Court found that the Open Space ZO of Tiburon does NOT result in a taking w/o just compensation.

1980 – Agins v. City of Tiburon

1st Amendment case which overruled the NY State Public Service Commission’s total ban on an electric utility’s advertisements to increase electric usage

1980 – Central Hudson v Public Service Commission

Ordinance that substantially restricted onsite and off-site billboards was ruled unconstitutional under 1st amendment.

1981 – Metromedia, Inc v City of San Diego:

Court held that any physical occupation is a taking, no matter how de minimus (landlords had been required under state law to allow cable company to install permanent cable TV facilities on their property).

1982 – Loretto v Teleprompter Manhattan CATV Corporation

This finding cured the deficiencies of Mt. Laurel I, and created the model fair housing remedy for exclusionary zoning. Municipalities must provide their fair share of low and moderate income housing in their region. A special 3-judge panel was set up to rule on exclusionary zoning cases.

1983 – South Burlington County NAACP v Township of Mount Laurel II

1st amendment case which allowed the City Council to exert control over posting of election signs on public telephone poles.

1984 – Members of City Council v Taxpayers of Vincent

SC decision which ruled that the City had illegally denied group homes special use permits based on neighbor’s unfounded fears

1985 – City of Cleburne v Cleburne Living Center

Defined the ripeness doctrine for judicial review of takings claims.

1985 – Williamson County Regional Planning Commission v Hamilton Bank

Upheld the requirement of minimum distances between SOBs.

1986 – City of Renton v Playtime Theaters

Allowed damages (as opposed to invalidation) as a remedy for regulatory taking. Just compensation clause of the 5th Amendment requires compensation for temporary takings which occur as a result of regulations that are ultimately invalidated.

1987 – First English Evangelical Church of Glendale v Co of Los Angeles

Created the essential nexus takings test for conditioning development approvals on dedications & exactions. A relationship must exist between what a property owner wants (in this case, a building permit to add a second story) and what the local government wants (public access to beach). No relationship here.

1987 – Nollan v California Coastal Commission

Defined categorical regulatory taking. Compensation must be paid when all economically beneficial uses of land are taken unless uses are disallowed by title or by state law principles of nuisance.

1992 – Lucas v South Carolina Coastal Council:

the Court held that the requirement for a public greenway (as opposed to a private one, to which Dolan would retain other rights of property owners, such as the right of exclusive access), was excessive, and that the City failed to meet its burden of establishing that the proposed pathway was necessary to offset the increased traffic which would be caused by the proposed expansion. It is a landmark case regarding the practice of zoning and property rights, and has served to establish limits on the ability of cities and other government agencies to use zoning and land-use regulations to compel property owners to make unrelated public improvements as a condition to getting zoning approval, citing the violation of the Fifth Amendment’s Takings Clause.

1994 – Dolan v City of Tigard

SC ruled that the display of a sign by a homeowner was protected by the 1st amendment under freedom of speech.

1994 – City of Ladue v Gilleo

Applied the Endangered Species Act to land development; Sec of Interior’s definition of harm is valid.

1995 – Babbitt v Sweet Home Chap. of Communities for a Great OR

Sanctioned the use of moratoria & reaffirmed the “parcel-as-a-whole” rule for takings review. Moratoria on development not a per se taking under the 5th amendment, but should be analyzed under the multi-factor Penn Central test.

2002 – Tahoe-Sierra Preservation Council v Tahoe Regional Planning Agency:

Case brought by Chevron based on an Agins-type claim that one of Hawaii’s statutes did not “substantially advance legitimate state interests”. Court ruled that even though Lingle could not be upheld on that issue, it did NOT overturn the 1980 Agins case in the whole.

2005 – Lingle v. Chevron

Like Berman v. Parker in 1954, involved the City taking private property by eminent domain and transferring it to a private entity for redevelopment The Court held in a 5-4 decision that the general benefits a community enjoyed from economic growth qualified such redevelopment plans as a permissible “public use” under the takings clause of the 5th Amendment. New London was aided by existence of well-documented redevelopment plans.

2005 – Kelo et al. v City of New London

SC ruled that a licensed radio operator who was denied a CUP for a “commercial” antenna cannot seek monetary damages because it would distort the congressional intent of the Telecommunications Act of 1996.

2005 – City of Rancho Palos Verde v Abrams

EPA must provide a reasonable justification for why they would not regulate greenhouse gases.

2006 - Massachusetts v. EPA

The Army Corp of Engineers must determine whether there is a significant nexus between a wetland and a navigable waterway. This pulled back the ACOE’s jurisdiction regarding wetlands.

2006 - Rapanos v. United States

Hydroelectric dams are subject to Section 401 of the Clean Water Act

2006 - SD Warren v. Maine Board of Environmental Protection

Public Health Movement - Late 1800s to 1920

significant advancements in controlling infectious diseases through widespread vaccination, improved sanitation practices like clean water and sewage systems, maternal and infant health initiatives, and the recognition of environmental factors impacting health, leading to major declines in mortality rates and increased life expectancy across populations

Garden City Movement – Ebenezer Howard, John Ruskin

The garden city movement was a 20th century urban planning movement promoting satellite communities surrounding the central city and separated with greenbelts. These Garden Cities would contain proportionate areas of residences, industry, and agriculture.

City Beautiful Movement - Daniel Burnham, 1893 World Fair Columbian Exhibit, 1909 Plan for Chicago

The City Beautiful movement was a reform philosophy of North American architecture and urban planning that flourished during the 1890s and 1900s with the intent of introducing beautification and monumental grandeur in cities. It was a part of the progressive social reform movement in North America under the leadership of the upper-middle class, which was concerned with poor living conditions in all major cities

City Efficient Movement – 1920s Standardization (SSZEA/SCPEA)

The efficiency movement was a major movement in the United States, Britain and other industrial nations in the early 20th century that sought to identify and eliminate waste in all areas of the economy and society, and to develop and implement best practices.

New Towns – 1935

These towns, known as "Greenbelt Towns", were designed to provide affordable housing and jobs for the unemployed and displaced farmers. The towns were inspired by the garden city movement, which was popular in England in the early 1900s. The goal was to create self-sufficient, community-focused towns that would encourage social interaction and nature.

City Functional Movement

The City Functional movement was prominent in the 1940s. It focused on functionalism and administrative efficiency

City Humane Movement

Developed in 1930s as a result of Depression.
Focus on jobs and housing as a part of social policy. People-oriented movement halted by the reorientation of national priorities to military matters in the late 1930s and the early 1940s.

Synoptic Rationality

a planning model that assumes that decisions can be made rationally and in a straightforward manner

Incremental Planning

a planning model that breaks down processes into smaller, more manageable parts

Transactive Planning

a planning model that emphasizes face-to-face dialogue and mutual learning between planners and the community they are planning for

Advocacy Planning

a type of urban planning that involves representing the interests of various groups in society

Radical Planning

a movement that aims to change urban planning by moving away from top-down structures and towards community-based decision making

Utopianism

the idea of a perfect society and the desire to create one.

Rational Planning

a model for planning that uses a logical, technical, and sequential approach to achieve goals.

Ordinance of 1785

provided for the rectangular land survey and settlement of the Old Northwest

1920s Radiant City

Le Corbusier - a linear and ordered metropolis of the future

1925 Concentric Ring Theory

Ernest Burgess - urban land use is organized around the central business district (CBD) in concentric rings

1932 Broad Acre City

Frank Lloyd Wright - It was both a planning statement and a socio-political scheme, inspired by Henry George, by which each U.S. family would be given a one-acre (0.40-hectare) plot of land from the federal lands reserves, and a Wright-conceived community would be built anew from this.^[3] In a sense it was the exact opposite of transit-oriented development. There is a train station and a few office and apartment buildings in Broadacre City, but the apartment dwellers are expected to be a small minority. All important transport is done by automobile, and the pedestrian can exist safely only^{[citation needed]} within the confines of the one-acre (0.40-hectare) plots where most of the population dwells.

1933 Central Place Theory

Christaller - a geographical theory that explains the distribution, size, and number of human settlements and market services within a region

1939 Sector Theory

Homer Hoyt - describes the growth of US cities based on economic and physical geography

1945 Multiple Nuclei Theory

Harris and Ullman - The model describes the layout of a city, based on Chicago. It says that even though a city may have begun with a central business district, or CBD, other smaller CBDs develop on the outskirts of the city near the more valuable housing areas to allow shorter commutes from the outskirts of the city.

1960 Bid Rent Theory

William Alonso - is a geographical economic theory that explains how the price and demand for real estate change as you move away from a city's central business district (CBD). The theory states that land users will compete for land closer to the city center because it's more profitable

1964 Urban Realm

Vance - a model of urban development that describes a modern metropolis as a collection of semi-autonomous realms, each with its own economic and cultural center

1982 New Urbanism

Seaside and Andres Dunay - a community design movement that originated in the United States in the 1980s. It has since spread across North America and also influenced urban development and planning in other parts of the world. It promotes mixed use, mixed housing types, pedestrian-oriented streets, and high design standards

1987 Growth Machine Theory

Harvey and Moltch - a social science theory that suggests that a small group of land-based interests controls urban growth and development

1991 Edge City

Joel Garreau - An edge city is a suburban area with a high concentration of jobs, office space, and retail space, located outside of a city's original downtown

1990s Smart Growth / Sustainability

It aims to change the form and location of growth to be more compact, environmentally friendly, and accessible by transit. The concept was promoted by a variety of organizations, including the U.S. Environmental Protection Agency (EPA), the American Planning Association (APA), and the Natural Resources Defense Council (NRDC

Core Values of Planning

Equity, social justice, public interest, sustainability, healthy & prosperous communities, diversity, democratic engagement, transparency.

How many acres is 1 square mile?

640

How many acres is one hectacre?

2.47

How many linear feet is one mile?

5,280

Spatial Software

an emerging technology that brings together digital and physical worlds, allowing users to interact with computers in seamless and immersive ways

Visualization

the process of turning abstract data into visual representations that are easy to understand and communicate

Big Data Analytics

the process of collecting, analyzing, and deriving insights from large amounts of data to help organizations make informed decisions

Modeling

the process of representing data in a way that specifies how it will be stored and managed within a database or file system

Which piece of federal legislation focused on slum clearance?

1949 Housing Act

This Supreme Court decision removed the "substantially advances" test for takings cases:

Lingle v. Chevron USA (2005)

Which court case(s) is/are concerned with takings:

Pennsylvania Coal Co. v. Mahon and Agins v. City of Tiburon

The landmark case Agins v. City of Tiburon (1980) established a test: a regulation is a taking if it can be shown that it:

Deprives property of all economically viable use and Fails to advance a legitimate governmental interest.

a detailed financial plan that lists all the expenses and income for a specific period, usually a fiscal year.

Line Item Budget

a financial and work plan that connects the resources and services of an organization to the outcomes it aims to achieve.

Performance Budget

Organizational management activity used to set priorities, focus resources, and work toward common goals

Strategic Planning

Key Listening Attributes

• Good listener

• comprehension

• good note taking

• accurately integrate

• look for non-verbal cues.

helped poor communities organize to press demands upon landlords, politicians, bankers and business leaders won him national recognition and notoriety. Wrote Rules for Radicals.

Saul Alinsky

Sherry Arnstein

Arnstein’s ladder of citizen participation.

was a landmark piece of legislation that aimed to help low-income Americans by providing access to education, employment, health, and other services - Lyndon B. Johnson.

1964 Economic Opportunity Act

Advocacy planning is associated closely with Paul Davidoff and Saul Alinsky. What was the significant effect of the advocacy movement?

Caused social planning to move from back room negotiations into the public forum.