Term
| What is the central mechanism of planning? |
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Definition
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Term
| What are the 3 main factors of the comprehensive plan? |
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Definition
| It includes all land area subject to regulation by the local government, it includes all physical development matters of the community, and it has generally long term goals |
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Term
| What event in history showed the emergence of comprehensive planning? |
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Definition
| The City Beautiful Movement |
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Term
| Who published laws such as the Standard Zoning Enabling Act and the Standard City Planning Enabling Act? |
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Definition
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Term
| What is the purpose of a comprehensive plan? |
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Definition
| harmonious development of a municipality to promote health, safety, morals, and prosperity |
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Term
| What are the 5 main parts of a comprehensive plan? |
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Definition
| Research, Formulating Goals, Plan Formation, Implementation, and Review/Revision |
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Term
| What are two ways to predict future population patterns? |
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Definition
| Land-Use Inventory (undeveloped land mapping) and Cohort Survival (ages population into the future) |
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Term
| What part of the comprehensive plan would you find impact analysis (for budgeting) and relationships between elements of the plan? |
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Definition
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Term
| What part of the comprehensive plan would you find zoning ordinances and subdivision regulation considerations? |
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Definition
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Term
| What is the Capital Improvement Program? |
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Definition
| A short term plan that identifies capital projects and equipment purchases and provides a schedule and means of financing the plan |
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Term
| What are the common elements of the Comprehensive Plan? |
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Definition
| Land use, circulation, parks, utilities/infrastructure, services/facilities, and housing |
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Term
| What does enabling legislation mean? |
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Definition
| It is when the state gives governing power to the local government |
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Term
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Definition
| This is an example of enabling legislation where the city can make its own laws as long as they aren't forbidden by the state (Oregon has this) |
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Term
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Definition
| This is a type of enabling legislation where the state delegates what powers the city has to make laws instead of letting them have free rein (Washington has this) |
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Term
| What is the Revised Code of Washington? |
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Definition
| A set of laws and regulations for the local governments to follow since the state is under home rule |
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Term
| What does it mean when a city consolidates? |
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Definition
| A city and county become unified under one jurisdiction |
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Term
| What is a municipal charter? |
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Definition
| It defines the organization, powers, functions, and procedures of the city government |
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Term
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Definition
It is the authority of the community to regulate the individual (private interests) for the good of the community in order to protect "safety, health, welfare, and morals"
EXAMPLE: a law limiting building height to prevent permanent shaded areas |
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Term
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Definition
| Government has the right to take property for public purposes with just compensation |
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Term
| What are administrative agencies? |
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Definition
| Specialized agencies created by the local government that cannot make policies, but they can make decisions |
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Term
| What is void for vagueness? |
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Definition
| When a policy or law is not clear enough for the public to understand and therefore it is unenforceable |
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Term
| What does the Supremacy Clause state? |
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Definition
| States that states must observe the minimal requirements established by the Constitution (but they can add onto them if they want to) |
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Term
| What does the 5th amendment say? |
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Definition
| private property cannot be taken without just compensation (eminent domain) |
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Term
| What does the 14th amendment say? |
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Definition
| Due process and equal protection |
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Term
| What is Procedural Due Process? |
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Definition
| the requirement that the state must not deprive people of "life, liberty, and property" without due process |
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Term
| What is the equal protection clause? |
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Definition
| In planning, it gives people equal rights on how their property can be developed |
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Term
| What is a facial attack challenge? |
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Definition
| This is an objection to an entire ordinance on the basis of it being unconstitutional |
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Term
| What is a "as applied attack"? |
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Definition
| This is an objection to a particular application of an ordinance as being unconstitutional |
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Term
| What happened in Euclid v Ambler 1926? |
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Definition
| Ambler used the argument of substantive due process and equal protection to say that they should be able to put industry on their residential lot. Government said nope due to the nuisance law |
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Term
| What happened in the Penn Central 1978 court case? |
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Definition
| Developer argued equal protection when denied the right to develop this historical place as high as the surrounding buildings. He lost because landmark is good for the public |
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Term
| What happened in the Agins 1987 case? |
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Definition
| Owner said that an illegal taking took place when a new ordinance made his lot a low density zone and restricted his development. Court said it was not illegal because the ordinance conserved land for the public |
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Term
| What happened in the Keystone 1987 case? |
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Definition
| The DOA limited mining which companies thought was an illegal taking of property, but Supreme court said it was not. |
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Term
| What happened in Nollan v California Coastal Commission |
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Definition
| Government said people could build beach houses only if they dedicated an easement to allow people to cross the beach. People said this was an infringement on the 5th amendment. Court said there was not a nexus so there was no easement |
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Term
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Definition
| A connection between issues |
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