H 2018 Flashcards
(170 cards)
V. (1) A county planner (FAICP) pleads nolo contendere to a charge of perjury with the
judge then withholding adjudication, resulting in:
I. Revocation of their membership
II. No ethics issue, as a plea of nolo contendere is not addressed by the code and
adjudication was withheld by the judge in the case
III. A duty to immediately notify the Ethics Officer by both receipted Certified and Regular
First Class Mail of being convicted of a “serious crime”
IV. No issue, as the Ethics code applies only to AICP planners
(A) II
(B) IV
(C) I, III
(D) III
The correct answer is “C”
A FAICP member is a Fellow of the American Institute of Certified Planners and subject to the
Code of Ethics. Rule of Conduct #26 requires that “We shall not fail to immediately notify the
Ethics Officer by both receipted Certified and Regular First Class Mail if we are convicted of a
“serious crime” as defined in Section E of the Code; nor immediately following such conviction
shall we represent ourselves as Certified Planners or Members of AICP until our membership is
reinstated by the AICP Ethics Committee pursuant to the procedures in Section E of the Code.”
Part E.3. of the Ethics Code directs that perjury (i.e. false swearing under oath) is considered to
be a serious crime and that “The membership of a Certified Planner shall be revoked if the
Planner has been convicted of a “serious crime”. Membership shall be revoked whether the
conviction resulted from a plea of guilty or nolo contendere, from a verdict after trial, or
otherwise. Membership shall be revoked even if the Planner is appealing a conviction, but it will
be reinstated if the conviction is overturned upon appeal.” It doesn’t matter that adjudication was
withheld by the judge; the planner still entered a plea of nolo contendere covered by the code.
https://www.planning.org/ethics/ethicscode/
https://www.planning.org/ethics/report/
I. (2) Place the following generations in order from youngest to oldest:
I. Generation X
II. Millennials
III. Baby Boomers
IV. Silent Generation
(A) I, IV, II, III
(B) IV, III, I, II
(C) II, III, I, IV
(D) II, I, III, IV
The correct answer is “D”
Millennials, also known as the Millennial Generation, Echo/Shadow Boomers (i.e.
because they are the children of Baby Boomers), or Generation Y, is the demographic cohort
following Generation X. Commentators use birth dates ranging from the early 1980s to the early
2000s.
Generation X, commonly abbreviated to Gen X, is the generation born after the Western
Post–World War II baby boom. Demographers, historians and commentators use birth dates
ranging from the early 1960s to the early 1980s.
The Baby Boomers are the generation that was born following World War II, generally
from 1946 up to 1964, a time that was marked by an increase in birth rates. In the 1960s, as the
relatively large numbers of young people became teenagers and young adults, they, and those
around them, created a very specific rhetoric around their cohort, and the change they were
bringing about.
The Silent Generation, also known as the Lucky Few, were born from approximately
1925 until 1942. It includes some who fought in World War II, most of those who fought the
Korean War and many during the Vietnam War.
https://en.wikipedia.org/wiki/Generation#Western_world
III. (3) Zombie subdivisions:
I. Pose threats to safety and health
II. Commit communities to significant, long-term service costs
III. Were predominately developed illegally
IV. Are prime targets for new development planning
(A) I, III
(B) I, II, IV
(C) II, IV
(D) I, II, III, IV
The correct answer is “B”
Zombie subdivisions are unfinished housing developments with at least some infrastructure in
place that were left unfinished after the housing bubble burst. Some are empty, but others are
partially inhabited, requiring the delivery of public services to remote neighborhoods that
generate very little tax revenue. Such lots can also pose health and safety issues from wildfires,
flooding, erosion, water contamination, and poor emergency access. They are prime candidates
for additional planning efforts for communities seeking to regulate unfinished subdivisions; take
advantage of the already built, under-utilized, infrastructure; or to support rezoning lands to limit
the number of potential residential development entitlements.
Zoning Practice (May 2014), Zombie Slaying
I. (4) Digital billboards have become all the rage in your municipality. As Planning
Director you ask your senior staff to revise your existing sign ordinances to address:
I. Message control
II. Amortization
III. Illumination
IV. No net increase policies
(A) I, II
(B) III, IV
(C) II, III, IV
(D) I, II, III, IV
The correct answer is (B)
Ordinances addressing message control will likely run into significant first amendment
challenges, and the billboard industry has been highly successful at restricting the use of
amortization through both state and federal legislation (e.g. the federal Highway Beautification
Act, which was modified many years ago under industry pressure to prohibit amortization and
requires cash compensation for billboard removal).
SOURCES: APA’s Smart Sign Codes; “Zoning Practice” (April 2008); and APA’s PAS
QuickNotes #18: Regulating On-Premise Signage (2009)
https://www.planning.org/policy/guides/adopted/billboards.htm
III. (5) Riparian rights:
I. Right of access for swimming, boating and fishing
II. Principal western water right law
III. Right to make reasonable use of water as it flows through or over one’s property
IV. First in time, first in right
(A) I, III
(B) II, III
(C) I, II, IV
(D) I, II, III
The correct answer is “A”
RIPARIAN water rights (or simply riparian rights) is a system for allocating water among those
who possess land along its path. Under the riparian principle, all landowners whose properties
adjoin a body of water have the right to make reasonable use of it as it flows through, under, or
over their properties. These rights cannot be sold or transferred other than with the adjoining
land and only in reasonable quantities associated with that land. Riparian rights include such
things as the right to access for swimming, boating and fishing; the right to wharf out to a point
of navigability; the right to erect structures such as docks, piers, and boat lifts; the right to use
the water for domestic purposes; the right to accretions caused by water level fluctuations; the
right to exclusive use if the waterbody is non-navigable. Riparian rights also depend upon
“reasonable use” as it relates to other riparian owners to ensure that the rights of one riparian
owner are weighed fairly and equitably with the rights of adjacent riparian owners.
PRIOR APPROPRIATION water rights is the legal doctrine that the first person to take a
quantity of water from a water source for “beneficial use”—agricultural, industrial or household
—has the right to continue to use that quantity of water for that purpose (i.e. “First in time, First
in Right”). Subsequent users can take the remaining water for their own beneficial use provided
that they do not impinge on the rights of previous users. This doctrine developed in the western
states of the United States. These water rights are different from riparian water rights, which are
applied in the rest of the United States.
ZONING PRACTICE (August 2009); Water Rights
https://en.wikipedia.org/wiki/Riparian_water_rights
https://en.wikipedia.org/wiki/Prior-appropriation_water_rights
I. (6) Real property includes:
I. Mineral Rights
II. Light fixtures
III. Easement
IV. Vegetation
(A) II
(B) I, II
(C) I, III
(D) I, II, III, IV
Real property consists of all land, structures, firmly attached and integrated equipment (such as
light fixtures or a well pump), anything growing on the land, and all “interests” in the property
which may be the right to future ownership (remainder), right to occupy for a period of time
(tenancy or life estate) the right to drill for oil, the right to get the property back (a reversion) if it
is no longer used for its current purpose (such as use for a hospital, school or city hall), use of
airspace (condominium) or an easement across another’s property. Real property should be
thought of as a group of rights like a bundle of sticks which can be divided. It is distinguished
from the other type of property, “personal property”, which is made up of movable items.
http://legal-dictionary.thefreedictionary.com/real+property
http://en.wikipedia.org/wiki/Real_property#USA
http://en.wikipedia.org/wiki/Personal_property
I. (7) The dissimilarity index:
(A) Measures the genetic diversity between two species used to determine whether two
species constitute one or two discrete species.
(B) Is a census-related term that measures the relative separation or integration of groups
across all neighborhoods of a city or metropolitan area
(C) Is a statistical term that measures the degree of separation between two data sets
(D) Is the inverse of the correlation coefficient
The correct answer is “B”
The index of dissimilarity is a demographic measure of the evenness with which two groups are
distributed across component geographic areas that make up a larger area. The index score
can also be interpreted as the percentage of one of the two groups included in the calculation
that would have to move to different geographic areas in order to produce a distribution that
matches that of the larger area.
For example, the dissimilarity index measures the relative separation or integration of groups
across the census tracts of all neighborhoods of a city or metropolitan area. A high value
indicates that the two groups tend to live in different tracts. D ranges from 0 to 100. A value of
60 (or above) is considered very high. It means that 60% (or more) of the members of one
group would need to move to a different tract in order for the two groups to be equally
distributed. Values of 40 or 50 are usually considered a moderate level of segregation, and
values of 30 or below are considered to be fairly low.
http://www.censusscope.org/us/s40/p75000/chart_dissimilarity.html
https://en.wikipedia.org/wiki/Index_of_dissimilarity
http://www.s4.brown.edu/us2010/segregation2010/Default.aspx
II. (8) This type of survey is inexpensive, but does not work well with the disabled or the
poorly educated:
(A) Telephone survey
(B) Charrette
(C) Mailed-in survey
(D) In-person survey
The correct answer is “C”
The costs for mail surveys tend to be lower than those for telephone surveys, and mail surveys
are a good strategy for obtaining feedback from people who are dissatisfied with a service or
have strong concerns. However, return rate are low and mail surveys face the possibility of bias
due to these low response rates, especially for some of the following groups:
1. Very young children
2. People with illnesses or disabilities that preclude reading or responding in writing
3. People who do not speak or understand the language(s) in which the questions are
written, who cannot write in that language, or who are marginally literate or illiterate
4. Homeless adolescents and adult
5. People in institutional settings, such as hospitals or jails
http://marketstreetresearch.com/research-methods/mail-surveys/
I. (9) A 5th amendment taking may occur when:
I. Government seizes private property for a new highway
II. Private development seizes private property for a private purpose
III. When a regulation goes so far as to deny all economic use of a property
IV. The taking is permanent, but not temporary
(A) I, II, IV
(B) I, III
(C) I, II, III
(D) I, II, III, IV
The correct answer is “B”
The Fifth Amendment provides that private property shall not be taken without just
compensation. While the Fifth Amendment by itself only applies to actions by the federal
government, the Fourteenth Amendment extends the Takings Clause to actions by state and
local government as well. When the government wishes to acquire property, for example, to
build a new courthouse, it first attempts to buy the property on the open market. However, if the
owner refuses to sell, the government can go to court and exercise the power of eminent
domain, by having the court condemn the property in favor of the government. The Takings
Clause imposes two requirements on government in order to exercise this power. First, the
property to be acquired must be “for public use,” and second, the government must pay “just
compensation” to the owner of the property that is taken, even in some cases where the taking
may be temporary in duration.
The difficult cases are generally those where government regulations, enacted to secure some
sort of public benefit, fall disproportionately on some property owners and cause significant
dimunition of property value. The Court has had a difficult time articulating a test to determine
when a regulation becomes a taking. It has said there is “no set formula” and that courts “must
look to the particular circumstances of the case.” The Court has identified some relevant factors
to consider: the economic impact of the regulation, the degree to which the regulation interferes
with investor-backed expectations, and the character of the government action. Until 1922, the
Supreme Court did not consider such diminution of the value of a particular person’s property
incidental to a general regulation as raising an issue under the Takings Clause. In that year,
however, in a celebrated opinion by Justice Oliver Wendell Holmes, the Court held that if a
regulation went “too far,” it could constitute a taking that would require just compensation by the
government. Since that time the question has remained, how far is too far.
http://law2.umkc.edu/faculty/projects/ftrials/conlaw/takings.htm
http://www.progressivereform.org/persptakings.cfm
II. (10) The Mayor directs you, the Planning Director, to undertake a community visioning
exercise. To ensure this effort is successful, you focus on the following important
aspects, except:
(A) Ensuring that key community institutions and opinion leaders are involved with the
process.
(B) Engaging elected officials and city managers to gain their support of the effort
(C) Empowering the community to design and manage the visioning effort without
assistance.
(D) Planning to follow-through and implement the resulting vision and action plan
The correct answer is “C”
One of the key reasons community visioning may fail is that the process may be poorly
designed or managed or inadequately resourced. Planning staff or outside expert assistance is
typically required to assist in ensuring the effort is successful. Other typical reasons why
community visioning may be un-successful include:
* The community is too polarized to engage in a civilized dialogue
* Key community institutions or opinion leaders are not involved in the process
* Elected officials or city managers are unsupportive of the process
* There is no follow-through in implementing the vision and action plan
SOURCE: APA’s Planning and Urban Design Standards (2006); “Community Visioning” pp. 55
I. (11) A landlocked property owner can obtain an easement in which of the following
ways?
(A) Expressed grant.
(B) Necessity.
(C) Prescription.
(D) Inverse condemnation
The correct answer is B)
The common law doctrine of easement by necessity has long been used to allow a landlocked
landowner to access a public highway over another’s private land when no other relief is
available.
II. (12) Impact fees
I. Are usually collected when building permits are issued
II. Are subject to the dual rational nexus standard
III. Cover all infrastructure and service costs
IV. Funds can be used anywhere within the city
(A) II, IV
(B) II
(C) I, II
(D) I, III, IV
The correct answer is “C”
An impact fee is a fee that is imposed by a local government on a new or proposed
development project to pay for all or, more typically, a portion of the costs of providing specific
public services to the new development. Most often covered are impacts to roads, sewer, and
public water utilities; sometimes impacts on schools, libraries, parks and fire protection are also
covered. Impacts fees should not be used to address existing deficiencies. Impact fees are
either authorized by state enabling acts or by local government home rule. The courts have
derived two major tests for impact fees—the “rational nexus” test (i.e. impact connected to the
new development) and the “rough proportionality” test (i.e. cost roughly equal to impact caused),
more commonly known together as the Dual Rational Nexus test or standard.
APA Quick Notes #35 – Development impact Fees
https://www.planning.org/media/document/9007632/
https://en.wikipedia.org/wiki/Impact_fee
II. (13) The Visioning process allows for: early citizen involvement, impartial leadership,
all inclusive citizen participation, and:
I. Heavy media involvement
II. A long-range planning mentality
III. The saving of time and money
IV Ideal communities
A) I only
B) II only
C) I and II
D) III and IV
The correct answer is C)
Visioning is “planning at its boldest”, a participatory, collaborative, and consensus-driven
planning process that seeks to describe an agreed-upon long-range desired future for a
community on the issues that matter most to the community. Therefore, the most successful
visioning efforts involve all segments of the community. This often involves the use of major
multi-media strategies to both encourage public participation from all interest groups, and to
periodically publicize the success of ongoing efforts and maintain forward momentum and retain
continued interest and involvement in the process.
SOURCES: Local Planning: Contemporary Principles and Practices; pp. 216-217; APA’s PAS
QuickNotes #15: Capital Improvements Programming (2008)
III. (14) Key issues of concern in waterfront planning include:
I. Gentrification
II. Industrial development
III. Sprawl
IV. Heavy metals
A) I, II, IV
B) I, III
C) II, IV
D) I, II, III, IV
The correct answer is A)
The loss of working waterfronts due to residential gentrification (and the continued retention of
major industrial areas that need to be on the water, such as boat repair facilities) is a significant
planning issue for many coastal areas, as is sediment contamination by heavy metals from such
industrial and marine activities.
See: http://www.wateraccessus.com/toolkit.html
http://www.washington-apa.org/assets/docs/new_efforts_with_working_waterfronts_and_public_access.pdf
III. (15) A Neighborhood plan:
I. Often propose a program of implementation shorter in duration than is proposed in the
general plan
II. Is intended to provide a more general inclusion of goals, policies and guidelines than in
the general plan
III. Focuses on a specific geographic area of a local jurisdiction that typically includes
substantial residential development, associated commercial uses, and institutional
services such as recreation and education
IV. The sole sponsors of neighborhood plans are government and the citizens of the
neighborhoods affected.
(A) I, III
(B) II, IV
(C) II, III
(D) I, II, III, IV
The correct answer is “A”
The neighborhood plan is intended to provide more detailed goals, policies, and guidelines than
those in the general plan. The sponsors of neighborhood plans include cities, community
development organizations, foundations and private developers.
SOURCE: APA’s Planning and Urban Design Standards (2006); “Neighborhood Plans” pp. 16-
17; 12.
I. (16) The American Greenbelt towns were built in the 1930s by:
A) the City Housing Corporation
B) the Resettlement Administration of the US Department of Agriculture
C) the US Department of Housing and Urban Development
D) the PWA Housing Division
The correct answer is B)
Greenbelt, which provided affordable housing for federal government workers, was one of three
“green” towns planned in 1935 by Rexford Guy Tugwell, head of the United States Resettlement
Administration, under authority of the Emergency Relief Appropriation Act. Greendale,
Wisconsin (near Milwaukee) and Greenhills, Ohio (near Cincinnati) are the other two
“Greenbelt” towns.
III. (17) Which of the following is out of order according to the Standard State Zoning
Enabling Act’s basic rezoning process?
I) Plan Commission recommendation is forwarded to the governing body
II) Notice is given of the governing body public hearing
III) The governing body hearing occurs
IV) The governing body takes action
A) I
B) II
C) III
D) They’re all in order
The correct answer is “D”
The Standard State Zoning Enabling Act states the following as the basic rezoning process:
1. Submittal of the zoning application
2. Application review by staff
3. Notice is given of the planning commission public hearing
4. The staff report is created
5. The planning commission hearing
6. The planning commission recommendation
7. The recommendation is forwarded to the governing body
8. Notice given of the governing body public hearing
9. The governing body hearing occurs
10. The governing body decision
Source: “2011-2012 Chapter Presidents Council Study Manual for the AICP Examination of the
American Institute of Certified Planners”, “Development Regulations” by Teresa Wilkinson,
AICP, pages 135-136.
I. (18) “We conclude therefore that under Belle Terre and Los Altos Hills the concept of the
public welfare is sufficiently broad to uphold . . .’s desire to preserve its small town character, its
open spaces and low density of population, and to grow at an orderly and deliberate pace” is a
finding from which famous law case”:
(A) Golden v. Town of Ramapo
(B) Associated Homes v. Livermore
(C) Southern Burlington NAACP v. Town of Mt. Laurel
(D) Construction Industry Association of Sonoma County v. the City of Petaluma
The correct answer is “D“
Alarmed by the accelerated rate of growth in 1970 and 1971, the demand for even more
housing, and the sprawl of the City eastward, the City of adopted a temporary freeze on
development in early 1971. To correct the imbalance between single-family and multi-family
dwellings, curb the sprawl of the City on the east, and retard the accelerating growth of the City,
the Council in 1972 adopted several resolutions, which collectively are called the “Petaluma
Plan” (the Plan). The Plan, on its face limited to a five-year period (1972-1977), fixes a housing
development growth rate not to exceed 500 dwelling units per year. The controversial 500-unit
limitation on residential development-units was adopted by the City in order to protect its small
town character and surrounding open space. The Construction Industry Association of Sonoma
County filed suit in federal district court, challenging the Plan as: (1) arbitrary; (2) in violation of
the right to travel; and (3) an unreasonable burden on interstate commerce. The final verdict
came from the U.S. District Court of Appeals which determined that the plan did not
unconstitutionally restrict the right to travel and found that:
1. the concept of the public welfare is sufficiently broad to uphold Petaluma’s desire to
preserve its small town character, its open spaces and low density of population, and to
grow at an orderly and deliberate pace
2. the local regulation here is rationally related to the social and environmental welfare of
the community and does not discriminate against interstate commerce or operate to
disrupt its required uniformity, appellees’ claim that the Plan unreasonably burdens
commerce must fail
https://law.justia.com/cases/federal/appellate-courts/F2/522/897/184274/
II. (19) Stratified sampling:
(A) Divides a given population into mutually exclusive sub-groups
(B) Divides a given population into strata that are then selected from by the tester
(C) Selects every nth person from a list
(D) None of the above
The correct answer is “A”
Stratification is the process of dividing members of the population into homogeneous subgroups before sampling.
The sub-populations (or strata) should be mutually exclusive: every element in the population must be assigned to
only one sub-population. The sub-population should also be collectively exhaustive: no population element can be
excluded. Then simple random sampling or systematic sampling is applied within each sub-population.
(B) = non-probabilistic quota sampling
(C) = probabilistic systematic sampling
https://en.wikipedia.org/wiki/Stratified_sampling
https://baselinesupport.campuslabs.com/hc/en-us/articles/204305705-Sampling-Methods
III. (20) An Arterial street is best described as a:
A) Highway for through traffic with full or partial control of access and generally with grade
separations at intersections.
B) Street that provides through traffic movement on a continuous route joining major traffic
generators, where access to abutting properties may be controlled.
C) Major roadway with no access to adjacent properties.
D) Roadway that experiences up to 30% of all VMT in urban areas, and up to 20% of all
VMT in rural areas.
The correct answer is B)
Principal arterials serve longer trips, carry the highest traffic volumes, and carry a large
percentage of the VMT (vehicle miles traveled; 30%-55% of all roadway mileage) on minimum
roadway mileage (4%-12% of all roads) and provide minimal land access. Minor Arterials
interconnect the principal arterials, provide less mobility and slightly more land access, and
distribute travel to smaller geographic areas than principal arterials. Urban Collectors provide
both land access and traffic circulation with residential, commercial, and industrial areas by
collecting and distributing traffic to these areas. Local Streets provide direct access to adjacent
land and access to the higher classified streets (5-20% of all VMT; 65% - 75% of all roadway
mileage). Source: “2011-2012 Chapter Presidents Council Study Manual for the AICP
Examination of the American Institute of Certified Planners”, page 149.
I. (21) Which of the following happened in 1909?
A) The San Francisco Plan is completed by Burnham
B) Yellowstone Park was designated
C) The first National Conference on City Planning
D) All of the above
The correct answer is “C”
APA traces its roots back to 1909 and the First National Conference on City Planning that was
held in Washington, D.C., organized by Benjamin Marsh and attended by professionals such as
Frederick Law Olmsted, Jr., John Nolan, Lawrence Veiller, and Jane Addams,
I. (22) Village of Euclid v. Ambler Realty Co., 272 U.S. 365 (1926) dealt with which of the
following issues?
A) Adult Uses
B) Exactions
C) With the claim of a perceived taking
D) Sign Ordinance
The correct answer is C)
Ambler Realty sued the village, arguing that the zoning ordinance had substantially reduced the
value of the land by limiting its use, amounting to a deprivation of Ambler’s liberty and property
without due process (i.e., an unconstitutional “taking”).
III. (23) According to Richard Florida, the types of urban areas that attract the “Creative
Class” possess:
I. Low taxes
II. Highly talented/educated/skilled population
III. A diverse community
IV. Technological infrastructure necessary to fuel an entrepreneurial culture
A) II, IV
B) I, III, IV
C) II, III, IV
D) I, II, III, IV
The correct answer is C)
In Cities and the Creative Class (2004), Richard Florida devotes several chapters to discussion
of the three main prerequisites of creative cities (though there are many additional qualities
which distinguish creative magnets). For a city to attract the Creative Class, he argues, it must
possess “the three ‘T’s”: Talent (a highly talented/educated/skilled population), Tolerance (a
diverse community, which has a ‘live and let live’ ethos), and Technology (the technological
infrastructure necessary to fuel an entrepreneurial culture). In Rise of the Creative Class, Florida
argues that members of the Creative Class value meritocracy, diversity and individuality, and
look for these characteristics when they relocate (2002).
I. (24) Which of the following planning movements was characterized by local
management and self-government without a need for intervention from the central state,
and a philosophy that planning should be designed for socioeconomic stratums just
above the poor?
A) Sanitary Movement
B) City Beautiful Movement
C) Garden City Movement
D) Housing Reform
The correct answer is C).
The garden city movement is an approach to urban planning that was founded in 1898 by Sir
Ebenezer Howard in the United Kingdom in his book, To-morrow: A Peaceful Path to Real
Reform, which offered a vision of towns free of slums and enjoying the benefits of both town
(such as opportunity, amusement and high wages) and country (such as beauty, fresh air and
low rents). Garden cities were to be planned, self-contained communities surrounded by
greenbelts, and containing carefully balanced areas of residences, industry, and agriculture
which avoided the downfalls of industrial cities of the time such as urban poverty, overcrowding,
low wages, dirty alleys with no drainage, poorly ventilated houses, toxic substances, dust,
carbon gases, infectious disease and lack of interaction with nature.
See the following links for more information:
http://en.wikipedia.org/wiki/Ebenezer_Howard
http://en.wikipedia.org/wiki/Garden_city_movement