New York Town Law Comprehensive Planning Quiz
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Questions and Answers

What is the primary responsibility of towns under New York Town Law §272?

  • To create parks and recreational areas
  • To undertake comprehensive planning and regulate land use (correct)
  • To implement state-wide land use regulations
  • To oversee the financial planning of the town
  • Which of the following is NOT included as a component of a comprehensive plan?

  • Location and intensity of land uses
  • Regional needs consideration
  • General statements of goals and objectives
  • Specific building designs and aesthetics (correct)
  • What must town land use regulations comply with according to Section 11(b)?

  • A comprehensive plan adopted under this section (correct)
  • State law requirements
  • Environmental impact assessments
  • Public opinion surveys
  • What happens when a challenged land use regulation lacks a comprehensive plan?

    <p>Courts create a plan from past policy statements and decisions (B)</p> Signup and view all the answers

    How can a proposed comprehensive plan or amendment be processed?

    <p>By referral to the town planning board (C)</p> Signup and view all the answers

    What kind of review must a comprehensive plan undergo?

    <p>Environmental review (B)</p> Signup and view all the answers

    What is the role of the town board in preparing a comprehensive plan?

    <p>They can prepare a plan and its amendments by resolution (B)</p> Signup and view all the answers

    What do the goals and objectives in a comprehensive plan primarily aim to enhance?

    <p>Long-term protection and enhancement of the town (C)</p> Signup and view all the answers

    What aspect do courts primarily consider when evaluating nuisance claims?

    <p>The gravity of harm versus the utility of the defendant's use (D)</p> Signup and view all the answers

    What was Lewis Mumford's main response to the issues of overcrowded industrial cities?

    <p>Supporting decentralization of population to balance city and countryside (A)</p> Signup and view all the answers

    What is one of the justifications Edward Murray Basset provided for zoning?

    <p>Using economic language without concern for poverty concentration (A)</p> Signup and view all the answers

    Which group advocates for high-density districts served by mass transit?

    <p>New urbanists (B)</p> Signup and view all the answers

    What was a key argument in favor of new towns post-WW2?

    <p>They promote villagelike organizations for increased social interaction (A)</p> Signup and view all the answers

    What is NOT a factor considered by courts when they evaluate the value of land use?

    <p>Ease of access to public transport (A)</p> Signup and view all the answers

    What decade does the content indicate as having a significant history for land use planning?

    <p>1870-1920 (B)</p> Signup and view all the answers

    Which of the following best describes the perspective of neo traditionalists?

    <p>They accept political limitations on investment in transit while organizing metropolitan regions. (C)</p> Signup and view all the answers

    What does it mean if a local legislature fails to regulate land use according to state requirements?

    <p>It is considered ultra vires. (B)</p> Signup and view all the answers

    What must municipalities provide if they choose not to zone in accordance with a comprehensive plan?

    <p>A justification for their decision. (D)</p> Signup and view all the answers

    In the Osiecki v. Town of Huntington case, what was the main issue that led to the invalidation of the town's zoning classification?

    <p>The zoning did not align with the comprehensive plan. (A)</p> Signup and view all the answers

    Which principle dictates that local governments only have powers that are expressly granted, implied, or essential?

    <p>Dillon's Rule. (B)</p> Signup and view all the answers

    What approval is necessary before a plat of a subdivision can be filed or recorded?

    <p>Approval by a planning commission (C)</p> Signup and view all the answers

    What is the main benefit of home rule for local governments?

    <p>It allows broader powers for local governance. (C)</p> Signup and view all the answers

    What was the essence of Le Corbusier's vision for cities?

    <p>To create separated districts for business, residential, and manufacturing (D)</p> Signup and view all the answers

    What significant impact did the National Housing Act of 1934 have on home ownership?

    <p>It raised home ownership from 44% to 68% by 2000 (D)</p> Signup and view all the answers

    Which statement about the town's zoning plan in Osiecki v. Town of Huntington is true?

    <p>The town needed to justify any deviations from the plan. (C)</p> Signup and view all the answers

    What was the main objective of urban redevelopment mentioned in the provided content?

    <p>To transform decaying cities into efficient metropolises (D)</p> Signup and view all the answers

    Why was the decision regarding Osiecki's property significant for zoning regulations?

    <p>It highlighted the requirement for municipalities to explain their zoning decisions. (A)</p> Signup and view all the answers

    Which characteristic was NOT part of Le Corbusier's city planning proposal?

    <p>Mixed-use developments (A)</p> Signup and view all the answers

    What was the consequence of the town failing to articulate a reason for their zoning decision in Osiecki v. Town of Huntington?

    <p>The zoning classification was declared invalid. (A)</p> Signup and view all the answers

    Robert Moses was known for which of the following approaches to urban planning?

    <p>A production-oriented method shaped by political realities (B)</p> Signup and view all the answers

    What was a significant outcome of the FHA mortgage loan program created by the National Housing Act of 1934?

    <p>It made home ownership accessible for more Americans (C)</p> Signup and view all the answers

    What did the 1939 GM Exhibit 'Futurama' primarily demonstrate?

    <p>The commercialization of the City of Tomorrow ideas (D)</p> Signup and view all the answers

    What characterizes a 'Major Subdivision' as defined by the Town of Wawayanda?

    <p>Includes five or more lots (B)</p> Signup and view all the answers

    What requirement may not be necessary until a proper case has been determined by the board?

    <p>Reservation of parkland (D)</p> Signup and view all the answers

    Which condition might be attached to the approval of site plans?

    <p>Completion of environmental studies (C)</p> Signup and view all the answers

    When is a public hearing required concerning site plans?

    <p>If required by the town ordinance or local law (D)</p> Signup and view all the answers

    What does a 'Casual Subdivision' entail within the Town's planning framework?

    <p>Any subdivision with two or fewer lots (D)</p> Signup and view all the answers

    What can the Town authorize regarding the approval of site plans?

    <p>The planning board or another administrative body may review and approve (A)</p> Signup and view all the answers

    What is one of the critical aspects bundled within the site plan definition?

    <p>It shows the arrangement and design of proposed use within a parcel of land (A)</p> Signup and view all the answers

    Which statutory requirement relates to compliance with environmental aspects?

    <p>Compliance with SEQRA (D)</p> Signup and view all the answers

    What must a city demonstrate to successfully incorporate a development agreement into the rezoning of land?

    <p>The agreement must impose stricter standards than the zoning itself. (B)</p> Signup and view all the answers

    What is a necessary condition for conditional rezoning to be valid?

    <p>The conditions must be reasonably related to public health, safety, morals, and welfare. (B)</p> Signup and view all the answers

    What is a primary purpose of variances and special use permits in zoning?

    <p>To provide flexibility for individual property owners while protecting the neighborhood. (C)</p> Signup and view all the answers

    What must a plaintiff prove to challenge the validity of a conditional rezoning?

    <p>The conditions were posed arbitrarily, discriminatorily, or unreasonably. (A)</p> Signup and view all the answers

    Which of the following best describes an area variance?

    <p>Allows use of land not meeting the physical requirements of zoning. (D)</p> Signup and view all the answers

    Which factor has contributed to the loosening of strict Euclidean zoning regulations between 1970 and 1990?

    <p>A shift towards flexibility in interpreting zoning requirements. (D)</p> Signup and view all the answers

    What role does a Zoning Board of Appeals play in the zoning administrative process?

    <p>It serves as a review body for appeals regarding zoning decisions. (C)</p> Signup and view all the answers

    Which of the following statements about conditional zoning is accurate?

    <p>Conditional zoning allows for more restrictive provisions than existing zoning. (D)</p> Signup and view all the answers

    Flashcards

    Nuisance Balancing Test

    Courts weigh the harm caused to the plaintiff against the usefulness of the defendant's actions. It considers the social value of both parties' land use.

    Moving From Nuisance to Zoning

    Courts, in nuisance cases, unknowingly created zoning-like effects. For example, farming was favored in rural areas, and newcomers couldn't easily stop these uses.

    Lewis Mumford's City Critique

    Mumford was concerned with the negative aspects of industrial cities, such as overcrowding. He advocated for decentralizing populations for a better balance between urban and rural areas.

    Mind and City

    The design of a city can influence the way people think, and vice versa. The city shapes our minds, and our minds shape how we build the city.

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    Edward Basset and Zoning

    Basset argued for zoning, justifying it primarily with economic arguments. He wasn't as concerned with social issues like poverty concentration or urban sprawl.

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    Post-WWII New Town Debate

    After World War II, there were different views on what kind of urban development America should pursue. Some favored high-density cities, while others preferred more traditional suburbs.

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    New Urbanism vs. Neo-Traditionalism

    New urbanists advocate for high-density districts served by public transportation. Neo-traditionalists favor car-dependent suburbs with less investment in transit.

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    New Town Advantages

    New towns can be built more cheaply because they require less complex land acquisition and can be built from scratch. They can also encourage social interaction by creating village-like designs.

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    Urban Redevelopment

    The process of clearing and rebuilding decaying urban areas to create modern, efficient cities. Focused on transforming entire sections of cities into new, ideal versions.

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    Le Corbusier's City of Tomorrow

    Le Corbusier proposed a new city model with three distinct districts: a business center, a residential area, and a manufacturing area. Focused on separation of functions and modernist architecture.

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    National Housing Act of 1934

    This act created the Federal Housing Administration (FHA) mortgage loan program, which made homeownership more accessible by regulating interest rates and requiring lower down payments.

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    1939 GM Exhibit: Futurama

    This exhibit commercialized the City of Tomorrow idea, showcasing a futuristic vision of urban life based on technology and efficient transportation.

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    Robert Moses

    A powerful urban planner who emerged from the Progressive Movement, known for his large-scale infrastructure projects and his paternalistic approach.

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    The Moses Method

    A planning approach characterized by production-oriented decision making, private negotiations, and the developer assuming responsibility for relocating businesses and families.

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    Condemnation of entire districts for Redevelopment

    The government's power to seize private property for public use, often used to clear entire areas for large-scale redevelopment projects.

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    Subdivision Control

    Regulations that control the development of new subdivisions, typically requiring approval from a planning commission before a plat can be filed or recorded.

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    Town Comprehensive Planning Power

    The authority of a town government to create and enforce comprehensive plans regulating land use to protect public health, safety, and welfare.

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    What's in a Master Plan?

    A master plan may include statements of goals, objectives, policies, standards, regional needs, existing and proposed land uses, and more.

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    Comprehensive Plan Definition

    Materials outlining goals, objectives, policies, and instruments for the long-term protection and enhancement of a city.

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    Land-Use Regulation

    Laws or ordinances enacted to control different aspects of land use, like zoning, building codes, and subdivision regulations.

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    Town Board's Role in Planning

    The town board is responsible for preparing comprehensive plans and amendments, and may refer proposals to the planning board.

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    Environmental Review

    A process of evaluating the potential environmental impacts of a proposed plan or project.

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    Periodic Review of Plans

    The town board sets regular intervals to review and update the adopted comprehensive plan.

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    Land Use Regulations and Comprehensive Plan

    Town land use regulations must be consistent with the adopted comprehensive plan.

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    What is a 'casual subdivision'?

    A subdivision of land with no more than two lots, including the remaining parent parcel.

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    What's a 'major subdivision'?

    Any subdivision that isn't 'casual' or 'minor'. It includes 5 or more lots, including the remaining parent parcel.

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    What's a 'minor subdivision'?

    A subdivision with not more than four lots (including the remaining parent parcel).

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    What is a 'site plan'?

    A rendering, drawing, or sketch that shows the arrangement, layout, and design of the proposed use in a single parcel of land.

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    What are 'conditions' in site plan approval?

    Requirements or stipulations attached to the approval of site plans.

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    What is a 'public hearing' for site plans?

    A meeting where the public can provide input and feedback on a proposed site plan.

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    What is 'SEQRA'?

    The State Environmental Quality Review Act, which requires environmental impact assessments for certain projects.

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    What is 'court review' for a site plan decision?

    An aggrieved party can appeal a site plan decision to a court for review.

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    Ultra Vires

    A legal term meaning 'beyond the powers' of a government or body. It applies when a government acts outside of its authorized scope, making its actions invalid.

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    Osiecki v. Town of Huntington

    A 1991 case that established a requirement for municipalities to provide justification when zoning decisions are inconsistent with their comprehensive plans. If they don't, the zoning could be declared invalid.

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    Dillon's Rule

    A legal doctrine that limits local governments by stating they can only exercise powers explicitly granted by the state, those implied from those powers, or those essential to their existence.

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    Home Rule

    A principle that gives local governments broader powers, allowing them to address local needs related to public health, safety, and welfare within their jurisdictions.

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    Comprehensive Zoning Plan

    A blueprint for how land use in a community is planned and regulated. It guides future development and aims to ensure consistent development policies.

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    What is 'justifying a determination to act inconsistently' with a zoning plan?

    A municipality must provide a valid and reasonable explanation for why they decided to deviate from the comprehensive plan (such as environmental protection, economic development, or public safety concerns).

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    How might zoning decisions be impacted by failing to articulate a reason for inconsistency?

    If a municipality fails to explain why they zoned differently than their comprehensive plan, their zoning decisions can be challenged in court and deemed invalid.

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    What is the significance of articulating reasons for zoning decisions?

    Articulating reasons for zoning decisions ensures accountability transparency, and allows for more informed and defensible zoning practices. It can also help prevent arbitrary or discriminatory zoning decisions.

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    Conditional Rezoning

    A process where a city changes zoning regulations for a specific property, but only under specific conditions agreed upon with the developer.

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    Stricter Standards

    In conditional rezoning, the development agreement must impose stricter requirements on the developer than the standard zoning regulations allow.

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    Flexibility of Zoning

    The legal concept acknowledging that zoning regulations can be adaptable to different situations and need not be rigidly applied.

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    Variances

    Exemptions granted by local government that allow property owners to deviate from strict zoning rules for their specific property.

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    Area Variance

    A type of variance that allows a property owner to deviate from the size or dimensions of their property as defined by zoning regulations.

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    Zoning Administrative Process

    The steps involved in applying for and obtaining variances and special use permits within a local zoning system.

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    Special Use Permits

    Permits granted for specific uses of land that are allowed by zoning regulations, but require conditional approval.

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    Uniformity v. Flexibility

    The balance between enforcing uniform zoning rules for everyone and allowing for exceptions based on specific circumstances.

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    Study Notes

    Land Use Law Exam Fall 2024

    • Exam is 3 hours.
    • Majority of exam is multiple choice and the second part is hypothetical scenarios (Bay Window Style).
    • Bay Window exercises are more step-by-step.
    • Multiple choice questions are in order from syllabus.
    • Thoroughly review all topics from the syllabus.
    • Allow extra time for the hypothetical scenarios, possibly 45 minutes minimum.
    • 14 specific essay questions within the hypotheses.
    • Approximately 1 minute and 48 seconds per essay question.
    • 75 multiple choice questions.
    • Be aware that some subject areas overlap.
    • The Wawayanda Code, the only code provided, is essential for knowledge.
    • Understand necessary components and details of each topic to successfully address them.

    Table of Contents Outline

    • Historical and Ethical Underpinnings of Land Use (Evolving Ethics, Nuisance & the Quest for Utopia)
    • The Modern Origins of Land Use Law (The Advent of Zoning, The City of Tomorrow, Economic Development)
    • Land Use Plans and the Planning Process (Land Use Plans, Conformance with the Comprehensive Plan)
    • The Basics of Zoning (Introduction, Administrative Treatment, Variances, Special Permit Regulations, Nonconforming Uses, Accessory Uses & Home Occupations)
    • Subdivision Controls and Development by Agreement(Introduction, Vested Rights & Development Agreements, Exactions and Impact Fees)
    • Discrimination, and Free Speech (Race, Nationality, Exclusion, Property, Inclusionary Housing Ordinances, Fair Housing, Neo-Euclidean Zoning)
    • Fifth Amendment Limits to Land Use Regulations (Regulatory Takings, Exactions)
    • Local Environmental Law and Sustainability (Local Environmental Law, Environmental Impact Reviews: SEQRA)
    • Exam Review (Bay Window Exercise)

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    Description

    Test your knowledge on New York Town Law, specifically focusing on Section 272 and comprehensive planning regulations. This quiz covers the responsibilities of towns, land use regulations, and the intricacies of comprehensive plans. Evaluate your understanding of the historical and legal context surrounding zoning and urban planning.

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