review for land use planning exam 3

What does Eminent domain mean?

The power of the government to take private property belonging to its citizens, also called condemnation or expropriaton

What gives the government the authority to invoke Eminent Domain

The 5th amendment of the constitution

What are the conditions under which the government can take private property under Eminent Domain?

only if the goverment pays just compensation, or market value, to the owner of the property, which is a price that a willing but unpressured knowledgeable buyer would pay

What is the significance of the court case “Kelo v the City of New London, 2005?”

The city has the authority to take property with compensation and transfer it to private use for development ( with only 1$ per year being the transfer cost)

What is the legal basis for governments to have police power for protecting public health and welfare?

the tenth amendment

_______ is the most well known exercise of police power at the local level

zoning

Briefly explain/describe the “takings” issue

a suit by a property owner against the government saying that they have taken property despite not filing a formal condemnation suit, and is the procedural reverse of a condemnation action, and usually demands that the government compensates the property ownerWeat

Name 3 categories of natural hazards and give an example for each

Weather related hazards and disasters: hurricanes, flooding, extreme temperatures

geologic hazards and disasters: earthquakes, sinkholes, landslides

wildfire hazards: wildfires

explain what hazard and risk mean, and how they are different

Hazard is the inherent danger of a potential problem, such as earthquake, risk is the probable degree of injury and damage likely to occur from exposure of people and property to the hazard over a specific time period.

or, hazard is how big the earthquake will be, risk is how many people will die

Briefly explain what “community resilience” means

the ability to absorb disturbances/disasters without being undermined or becoming unable to adapt, self organize, and learn

List 4 factors that determine slope stability

inclination (angle), composition (material type), vegetation (adds stability through the root system and control flow of water), form (shape)

What is the importance of section 409 of the safford disaster emergency act of 1988

required a state to have a natural hazard mitigation plan certified by FEMA

what are the 4 significant limitations of comprehensive plans when it comes to natural hazard mitigation planning

often lack adequate factual information

often lack strong policies based on facts

often are less restrictive than should be because of fear of losing fiscal benefits of growth and development

Federal policies for disaster relief and aid for reconstruction bail out communities with weak plans

Describe the environmental impact mitigation strategies that communities could use in planning for and managing natural hazards

emergency response (contingency planning for emergency disaster response)

avoid the impact (move away altogether)

lessen the impact by modifying location on site (move away to lesser impact area)

lessen the impact by modifying design (apply engineering or design features)

offset the impact (compensate for the impact by monetary relief, reconstruction, or recreation)

what federal agency is responsible for mapping flood zones and providing assistance after floods and other disasters

FEMA- Federal emergency management agency

What are grayfields?

Vacant or nonprofitable older suburban commercial enters and parking lots that are prime for redevelopment- think abandoned malls

What does the acronym LEED stand for? What organization is the developer and administrator of the LEED green building rating system?

Leadership in energy and environmental design, and is overseen by the US green building council (US GBC)

What is a brownfield? what federal agency oversees and funds brownfield clean up

abandoned, idled, or underused industrial and commercial facilities where expansion or redevelopment is complicated by real or perceived environmental contamination, EPA responsible for them

For transect planning, a transect is defined as a geographical cross section of a region used to reveal a sequence of environments. What do the T1-T6 sections of Duany’s urban transect represent?

T1: natural zone

T2: rural zone

T3: suburban zone

T4: general urban zone

T5: urban center zone

T6: urban core zonemi

Discuss the basic principles of smart growth (EPA lists 10)

mix land uses

take advantage of compact building design

create a range of housing opportunities and choices

create walkable neighborhoods

foster distinctive, attractive communities with a strong sense of place

preserve open space, farmland, natural beauty, and critical environmental areas

strengthen and direct development towards existing communities

provide a variety of transportation choices

make developmental decisions predictable, fair, and cost effective

encourage community and stakeholder collaboration in developmental decisions

Define the practice of Form based codes and describe how it is fundamentally different from traditional zoning

a way to regulate development that controls form first and building use second, with the purpose of achieving a particular type of place or built environment based on a community vision, rather than traditional zoning, which is focused on use and density restrictions foremost

what is tactical urbanism, and why has it been put into practice so often?

a legal way to work with the local government and to make temporary improvements to the public spaces such as murals or parking lots into pop up parks, and it can be used to test ideas in the real world, and is used often because it’s a good way to test and is generally received positively by the community

What is transit oriented development (TOD)?

a mixed use community within walking distance of a transit stop and core commercial area, based on peter Calthorpe’s ideas for sustainable design for transportation, with regional planning, city revitalization, suburban renewal, and walkable neighborhoods combined

What is the TVA, when was it created and why, what does it affirm, what project did it launch and when, and what species are protected?

Tennessee Valley Authority, created in 1933 for flood control and electricity, affirms Wildlife Conservation is a priority on TVA lands, launched natural heritage project in 1976, and gray bats and alabama cave fish are protected

How was the Cuyahoga Valley National Park created, what was the dump that was associated with it and what happened to it, what is their program that is with the park, and why

Cuyahoga Valley National Park was created by cleaning up Cuyahoga River (oils on surface caught fire in 1969) and surrounding lands, Krejci Dump was a toxic waste dump that became a Superfund Site and reclaimed, Cuyahoga valley national park has a program to “Get up, Get out & Go” which encourages people to connect with nature to promote social equity for public
lands

What are the two doctrines water rights are based on and what are they

Riparian Doctrine: basically, each property owner has the right to use the land
bordering the water that runs through their property. Water belongs to the US.
Prior Appropriation Doctrine: “the first person to put the water to a beneficial (productive) use has the best legal right to continue to use the water”

Why is water conservation important and what’s an example of a water issue

The amount of water is finite and is needed for living things.
Water in Martin County, KY, was polluted and still has problems after 20 years.

What was the louisville water front park, what happened to it, and how many brownfields are there in the US?

Louisville Water Front park historically used as dump and industrial site, but was designated a brownfield and cleaned up successfully.
EPA estimates there are more than 450,000 brownfields in the US

What causes habitat fragmentation and what are the effects of fragmentation?

Wildlife habitats are fragmented by urban areas, roads, and agricultural lands, and habitat fragmentation can cause inbreeding and decrease genetic diversity

What was once thought about wetlands, what were they lost to, what protection do they have, what benefits do they have, what can lead to their increase, and how many threatened and endangered species rely on them?

Wetlands were once thought to be dangerous lands. Majority of wetlands lost to agriculture. Some protection under the Clean Water Act, NEPA, ESA.
Wetlands provide many benefits: flood reduction, biodiversity, filter water, recreation.
Wetlands education and outreach in Murray could lead to increase in wetlands and biodiversity.
Over 1/3 of Threatened and Endangered species rely on wetlands

What does smart growth include and why

creating greenspaces and walkable neighborhoods in urban areas and storm readiness plans to improve citizens mental and physical health and to build resilient communities, respectively