Plan Development

Question 1

What is the difference between Home Rule and Dillon’s Rule?

Answer 1

In Home Rule states, cities and counties have the ability to pass laws and govern as they see fit.

Dillon’s Rule is the principle that cities and counties have no powers other than those assigned to them by state governments.

Question 2

How do state governments impact local planning?

Answer 2

States grant the police power to local governments.

They also control where investments are made and provide funding for planning.

Question 3

How do federal and local regulatory powers differ when it comes to cell phone towers?

Answer 3

Federal and state agencies regulate cell towers, but local governments determine specific locations.

Question 4

How are special districts created and what power do they have?

Answer 4

Special districts (like school or fire districts) are an independent unit of government created for a specific area.

They are created by referendum and have the power to incur debt and levy taxes.

Question 5

What are the steps in the planning process?

Answer 5

Stage 1: pre-planning
• Community diagnosis
o Determine your community’s purpose, capacity and readiness for planning
o Identify key stakeholders
• Process Design
o Establish a budget for planning
o Issue an RFP, if applicable.
o Incorporate opportunities for public participation and education

Stage 2: Planning
• Data Collection and Analysis
o Assess your community’s data and information needs.
• Issue Identification
o Involve local decision-makers and the public in identifying key community issues, challenges, opportunities, and desires.
o Identify a vision for the future development of the community.
• Goal and Objective Formulation
o Develop goals and measurable objectives to help attain your community’s vision.
• Strategy Formulation
o Identify potential plan implementation strategies to satisfy goals and objectives.
o Take formal action to adopt the plan.

Stage 3: Post-Planning
• Plan Implementation
o Adopt a specific course of action to implement the plan
• Monitoring and Assessment
o Monitor progress towards achieving stated goals, objectives, and indicators

Question 6

What is “Visioning”?

Answer 6

Visioning is a process whereby citizens attend a series of meetings that provide an opportunity to offer input on how the community could be in the future.

Visioning occurs early in the planning process.

The purpose of visioning is to build consensus.

Question 7

What should be in a Vision Statement?

Answer 7

• Positive, present-tense language
• Emphasis on the region’s uniqueness
• Inclusiveness of the region’s diverse population
• A depiction of the highest standards of excellence and achievement
• A focus on people and quality of life
• A stated time period

Question 8

What are some advantages of visioning?

Answer 8

• Serves as a catalyst, by brining residents together in new ways and inspiring resident to get involved in the community.
• Creates excitement about planning
• Keeps the process on track. Citizens can make sure the rest of the process addresses the achievement of the vision
• Keeps implementation moving forward. Citizens will be motivated to keep track of actions proposed to achieve the vision they helped create.

Question 9

What are some disadvantages of visioning?

Answer 9

• Adds to the cost of the planning process.
• An intense public participation effort.
• Creates unrealistic expectations that the government can’t fulfill.
• Dependent on facilitator (which is why many communities train a local planning or land use committee to facilitate visioning workshops.)

Question 10

Home Rule States

Answer 10

An article or amendment to the state constitution grants cities, municipalities, and/or counties the ability to pass laws to govern themselves as they see fit.

Question 11

Dillon’s Rule

Answer 11

Is the principle that cities, towns and counties have no powers other than those assigned to them by state governments. 40/50 states apply this principle.

Question 12

General-purpose local government

Answer 12

counties, cities, townships, etc

Question 13

Single-purpose local government

Answer 13

school districts, fire districts, etc.

Question 14

Special Districts

Answer 14

an independent unit of local government often created by referendum and organized to perform government functions in a specific geographic area. They usually have the power to incur debt and levy taxes.

Question 15

Area wide planning organizations

Answer 15

Provide grants and planning assistance, coordinate intergovernmental activities. They are not a separate layer of government.

(like regional organizations)

Question 16

Regional planning agency

Answer 16

Develops regional plans and reviews regional impacts and projects. In some cases, a local government may transfer some local government powers to a regional agency, but that is not usually the case.

Question 17

Preemption

Answer 17

Preemption is when the law of a higher level of government limits or even eliminates the power of a lower level or government. Preemption is not inherently good or bad. Some of the most important laws upholding equal protection under the law have come from preemptive state and federal legislation. For example, Congress enacted the federal Fair Housing Act in 1968 for the very purpose of preempting discriminatory local laws.

Lately, however, planning policies, like affordable housing protection, have been stymied by preemption. States can, for example, pass legislation that prohibits local inclusionary zoning ordinances. Local policy initiatives like Minneapolis’ effort to restrict single-family zoning are threatened by state preemption. On the other hand, state preemption can be an effective way to combat NIMBYism

Question 18

Tribal Sovereignty

Answer 18

The federal government recognizes 583 tribal governments throughout the country, all of which are recognized as sovereign nations by the U.S. Constitution.

1959 case Williams v. Lee, tribes possess “the right…to make their own laws and be ruled by them.” However, a wide range of federal laws can impact lands that fall under the tribe’s jurisdiction. For example, federal environmental laws might still apply to tribal land areas or affect their waterways. State laws like Washington’s State Environmental Policy Act do not apply to reservation lands, but they still have an impact because of how they apply to nearby communities off the reservation.

In 25 states, municipal governments frequently work with tribes to develop transportation plans, protect environmental resources, and collaborate on other land-use issues. Ultimately, tribes are most successful when they build solid relationships with their neighbors. This is often achieved through a memorandum of agreement or understanding that helps ensure that local and state governments recognize the sovereignty of tribes in relation to the federal government.

Question 19

Policy impact Analysis

Answer 19

Policy Impact Analysis—and relatedly, policy evaluation an policy assessment—is a professional field in its own right, and planners make use of their methods. Analysis can focus on environmental, economic, or social impact.

Question 20

What is the difference between Policy Assessment and Evaluation?

Answer 20

Assessment analyses the intended and unintended consequences of policies, plans, programs, and projects.
Evaluation examines a plan, project, or program against a set of criteria, usually to establish organizational accountability.

Question 21

Fiscal Impact Analysis

Answer 21

The purpose of fiscal impact analysis is to estimate the impact of a development or a land use change or a plan on the costs and revenues of governmental units serving the development.

A fiscal impact analysis would involve looking at:
• A city’s property tax rate
• The average cost of educating a child in the local school system
• The average cost per square foot of constructing a public building

It would not involve historic trends in assessed valuation

Question 22

How is economic impact analysis different from fiscal impact analysis?

Answer 22

Economic impact analysis focuses on the cash flow to the private sector (measured in income, jobs, output, indirect impacts, etc.)

Fiscal impact analysis estimates the impact of a development or a land use change or a plan on the costs and revenues of the government.

Question 23

Cost-benefit analysis

Answer 23

Cost-benefit analysis is a quantified comparison of costs and benefits generally expressed in monetary or numerical terms. The actual and hidden costs of a proposed project are measured against the benefits to be received form the project.

Question 24

Environmental impact analysis

Answer 24

The National Environmental Policy Act of 1969 (NEPA) resulted in the creation of the Council on Environmental Quality. NEPA requires that the environmental impacts of a project be considered.

Question 25

The National Environmental Policy Act of 1969 (NEPA)

Answer 25

resulted in the creation of the Council on Environmental Quality. NEPA requires that the environmental impacts of a project be considered.

Question 26

An Environmental Assessment

Answer 26

An Environmental Assessment is required to determine whether there is significant environmental impact.

Question 27

Environmental Impact Statement (EIS)

Answer 27

NEPA requires the preparation of Environmental Impact Statement (EIS) where necessary. An EIS is required for federal actions significantly affecting the quality of the human environment. If the environmental assessment determines that there is a significant impact than an environmental impact statement is required.

Question 28

Scoping

Answer 28

Scoping must take place in the early stages of preparing an EIS. Scoping is often the first contact between proponents of a proposal and the public. A scoping meeting introduced both sides of an issue and engages interested parties. The purpose of scoping is to assist the preparers of the EIS in explaining the project to the public and affected agencies. The participants respond with their own concerns about significant issues and suggestions of alternatives. As the EIS is prepared, it will include, from the beginning, a reflection or at least an acknowledgement of the cooperating agencies and the public’s concerns.

Question 29

An Environmental Impact Statement typically has four sections:

Answer 29

1. Introduction, which includes a statement of the purpose and need of the proposed action
2. Description of the affected environment
3. Range of alternatives to the proposed action. Alternatives are considered the “heart” of the EIS
4. Analysis of the environmental impacts of each of the possible alternatives

Question 30

An Environmental Impact Statement must address each of the following topics:

Answer 30

1. The probable impact of the proposed action
2. Any adverse environmental effects that cannot be avoided
3. Alternatives to the proposed action
4. Relationship between local short-term uses of the environment and the maintenance and enhancement of long-term productivity of the land
5. Any irreversible and irretrievable commitments of resources that would be involved in the proposed action.

Question 31

Negotiation

Answer 31

Negotiation involves discussion to reach an agreement. Negotiation usually results in a memorandum of agreement but it is generally not legally binding.

Question 32

Mediation

Answer 32

Mediation involves a third party, but it is not binding. Mediation can compliment public engagement methods like design charettes. It is a pre-step, before a project reaches the public hearing stage. The idea is to involve a neutral, trained third party to find a solution to a contentious issue. Mediators are trained to make sure people feel heard, discover the parties’ true interests (not just their stated positions), and manage emotions. Mediation starts with everyone agreeing to a set of ground rules. The Mediator guides the conversation.

Mediation is most appropriate when maintaining ongoing relationships is important, emotions are high, issues are complex and often not stated explicitly, and novel solutions 9as permitted by law) are useful. It works well in cases involving nonconforming uses, small infill, or business applications that require a conditional use permit. It works well in cases of Nimby opposition. The zoning or planning board needs to have some leeway in decision-making

Mediation complements the traditional zoning process. The zoning or planning board maintains full control of the process, but receives proposals that a less combative. Research has shown that mediation can be a significant savings in time and cost. Lawsuits and appeals are minimized. Even if no agreement is reached, mediation can reduce the contentiousness of a debate.

Question 33

Arbitration

Answer 33

Arbitration, a third party determines a resolution (or “award’), which is legally binding.

Question 34

There are differences between men and women that are relevant to planning:

Answer 34

• There is a larger portion of women over the age of 65 than men;
• There is a significant wage gap between men and women. According to a 2016 study, female full-time, year-round workers made 80.5 cents for every dollar earned by men, a gender wage gap of 20 percent;
• According to a study by the Canadian Institute of Planners, women planners earn 82 cents for every dollar earned by a male planner (data not available for the U.S.);
• Single-women-headed households are commonplace;
• Women have different uses of transportation than men;
• Women have different safety needs than men.

Question 35

Spatial Justice

Answer 35

How our cities are organized has a significant bearing on whether people have access to what they need.