Urban Renewal and the Moses Method
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Questions and Answers

What was the primary goal of the Moses Method?

  • To promote local businesses
  • To build affordable housing
  • To increase public transportation options
  • To clean out slums (correct)
  • What was the initial step Moses took when negotiating development projects?

  • Created public awareness campaigns
  • Presented proposals at public hearings
  • Surveyed the local community
  • Negotiated with buildings in private (correct)
  • Which critic argued that bulldozing was not an effective way to fix a city?

  • Anderson (correct)
  • Jacobs
  • Nixon
  • Ganes
  • What was one major result of public opposition to the Moses Method?

    <p>Legislation was passed requiring clear relocation plans (C)</p> Signup and view all the answers

    What did the Housing and Community Development Act of 1974 aim to accomplish?

    <p>To ensure equal allocation of federal funds to localities (A)</p> Signup and view all the answers

    What process did cities tend to follow when undergoing urban renewal?

    <p>Engaging community members to identify their needs (A)</p> Signup and view all the answers

    Which of the following was a key ingredient for successful urban development as noted in the content?

    <p>Removing ineffective portions of cities (C)</p> Signup and view all the answers

    How did the concept of urban renewal generally impact community perceptions?

    <p>It was perceived negatively despite addressing some issues (B)</p> Signup and view all the answers

    What must all town land use regulations adhere to according to Section 11(b)?

    <p>A comprehensive plan adopted by the town board (D)</p> Signup and view all the answers

    What is the primary focus of Section 2 of the Wawayanda Comprehensive Plan?

    <p>Major themes such as economic development and protecting natural resources (C)</p> Signup and view all the answers

    Under what circumstances may a proposed comprehensive plan or amendment be referred to the planning board?

    <p>At the discretion of the town board (A)</p> Signup and view all the answers

    Which of the following is NOT a major theme found in Section 2 of the Wawayanda Comprehensive Plan?

    <p>Enhancing Public Transportation Accessibility (B)</p> Signup and view all the answers

    What triggers a court to review whether a challenged regulation conforms to the comprehensive plan?

    <p>Existence of an adopted comprehensive plan (A)</p> Signup and view all the answers

    What aspect does the town board provide intervals for regarding the adopted comprehensive plan?

    <p>Periodic review of the adopted plan (B)</p> Signup and view all the answers

    Which of the following does NOT contribute to the process of evaluating a challenged regulation according to the comprehensive planning guidelines?

    <p>Relevant historical context of the town (A)</p> Signup and view all the answers

    Which element reflects the community's commitment to maintaining its rural character according to the Wawayanda Comprehensive Plan?

    <p>Supporting open space and natural resources conservation (A)</p> Signup and view all the answers

    What is a nuisance per se?

    <p>An action that is always considered a nuisance (D)</p> Signup and view all the answers

    Which type of nuisance primarily affects an entire community?

    <p>Public Nuisance (D)</p> Signup and view all the answers

    In a Private Nuisance case, the harm must be evaluated between which two aspects?

    <p>Gravity of harm to the plaintiff and the utility of the defendant's use (A)</p> Signup and view all the answers

    Which of the following is an example of Nuisance in Fact?

    <p>Loud music played at a party (A)</p> Signup and view all the answers

    What can a Public Nuisance potentially violate?

    <p>Criminal statutes (C)</p> Signup and view all the answers

    What is required to prove a Public Nuisance?

    <p>Evidence of significant interference (B)</p> Signup and view all the answers

    What was the claim made by Clark in Clark v. Wambold?

    <p>That the pig farm constituted a nuisance (B)</p> Signup and view all the answers

    Which type of nuisance does not require evidence to prove when the action is inherently damaging?

    <p>Nuisance per se (C)</p> Signup and view all the answers

    What is the primary function of a building permit?

    <p>To certify that construction conforms to the Uniform Code (A)</p> Signup and view all the answers

    Which of the following is emphasized by NY Town Law §272-a?

    <p>Land use regulations must align with an adopted comprehensive plan (C)</p> Signup and view all the answers

    What does a comprehensive plan aim to achieve?

    <p>Protection and enhancement of the community’s long-term development (D)</p> Signup and view all the answers

    Which of the following is NOT typically included in a comprehensive plan?

    <p>Specifications for immediate construction projects (A)</p> Signup and view all the answers

    Why is public notice and participation important in the political process regarding land use?

    <p>It enhances transparency and community involvement in decision making (A)</p> Signup and view all the answers

    What does the case law state about the plan in land use regulations?

    <p>It acts as a dispositive standard (A)</p> Signup and view all the answers

    Which of the following best describes land use regulation?

    <p>An ordinance that regulates various aspects of land use (A)</p> Signup and view all the answers

    What is indicated as one of the most important powers of local governments?

    <p>Undertaking comprehensive planning (C)</p> Signup and view all the answers

    What is the definition of accessory use according to the NYC resolution?

    <p>A use conducted on the same zoning lot as the principal use that is clearly incidental to and customarily found in connection with the principal use. (B)</p> Signup and view all the answers

    According to Wawayanda Zoning Code, what happens to uses that are not deemed permitted, special permit, or accessory?

    <p>They are prohibited. (B)</p> Signup and view all the answers

    What must home occupations comply with in a single-family zoned neighborhood?

    <p>The occupations must be historically permissible and expected. (D)</p> Signup and view all the answers

    Which technique is NOT mentioned as a method municipalities use concerning occupational uses of home and offices?

    <p>Utilizing a state-level review board for all occupations. (A)</p> Signup and view all the answers

    What is the maximum area that a home occupation can occupy within the ground floor according to the guidelines?

    <p>No more than ½ of the ground floor. (C)</p> Signup and view all the answers

    How many employees, besides immediate family, are allowed to work in a home occupation?

    <p>Only one employee who is not immediate family. (D)</p> Signup and view all the answers

    What can municipalities do regarding the renewal period for home occupations?

    <p>Implement a time period for renewal within the planning board's power. (B)</p> Signup and view all the answers

    What aspect of a church's use as a temporary homeless shelter was emphasized in the court's findings?

    <p>It was deemed incidental to the principal use of the church. (A)</p> Signup and view all the answers

    What is the main purpose of a comprehensive plan in relation to land use regulations?

    <p>To ensure all land use law regulations conform to a unified strategy. (C)</p> Signup and view all the answers

    Which of the following best describes the relationship between planning and zoning?

    <p>Planning involves political processes while zoning is a legislative function. (C)</p> Signup and view all the answers

    What could happen if a legislative body amends zoning laws inconsistently with enabling laws?

    <p>It can be challenged as ultra virus. (C)</p> Signup and view all the answers

    What does spot zoning refer to?

    <p>Allowing a small parcel to have different zoning than the surrounding area. (C)</p> Signup and view all the answers

    Under NYTL 272-a, which of the following is NOT considered a land use regulation?

    <p>Property tax assessments (C)</p> Signup and view all the answers

    If there is a discrepancy between municipal land use regulations and a comprehensive plan, what is the potential outcome?

    <p>It could lead to a legal challenge based on non-compliance. (D)</p> Signup and view all the answers

    What does the term 'arbitrary and capricious' imply in land use decisions?

    <p>Decisions made without reason or justification. (B)</p> Signup and view all the answers

    Which of the following statements about zoning regulations is accurate?

    <p>Zoning regulations must be created with consideration of long-term planning. (C)</p> Signup and view all the answers

    Flashcards

    Nuisance

    An offensive intrusion that diminishes the normal use of property. Can be from smoke, dust, noise, odors, heat, etc.

    Nuisance per se

    An action that is always a nuisance under all circumstances. It is inherently wrong.

    Nuisance in Fact

    Not inherently a nuisance, but becomes one under specific circumstances, like loud music played at night.

    Public Nuisance

    Affects an entire community or neighborhood. It can endanger people, their property, offend morals, or violate laws.

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    Private Nuisance

    Interferes with someone's private use and enjoyment of their land. Can be intentional or unintentional.

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    Gravity of Harm

    The severity of the harm caused by a nuisance.

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    Utility of Defendant's Use

    The usefulness of the defendant's activity that might be creating the nuisance.

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    Clark v. Wambold

    A case where a pig farm was deemed a nuisance to a nearby property owner. It illustrates the conflict between private land use and public nuisance.

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    Moses Method

    A five-step process used by Robert Moses to redevelop urban areas in New York City, primarily focused on slum clearance and constructing new infrastructure.

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    Goal of Moses Method

    To eliminate slums and replace them with modern housing and infrastructure.

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    Criticism of Moses Method

    Many critics argued that the method was too aggressive, destroying existing communities and displacing residents without adequate solutions or compensation.

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    Ganes' Criticism

    Ganes argued that the areas targeted were not slums but low-income housing, questioning the justification for displacement.

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    Anderson's Criticism

    Anderson argued that urban renewal wasn't effective, claiming that simply bulldozing areas wouldn't solve the underlying problems of a city.

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    Jacobs' Criticism

    Jacobs criticized the ideal city vision promoted by Le Corbusier, stating that its emphasis on functionality disregarded the social and cultural fabric of a city.

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    Housing and Community Development Act of 1974

    This Act aimed to end competition for federal funds and ensure equitable allocation of resources for housing and community development.

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    Urban Renewal Success Ingredients

    Successfully removing areas with a negative impact on the economy, like Pittsburgh's Golden Triangle and Baltimore Charles Center, can contribute to urban renewal.

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    Planning Mandate Approach

    This approach views land use plans as the primary standard for development regulations. Courts treat plans as legally binding documents.

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    Building Permit

    A certificate issued by a municipality, ensuring new construction or alterations comply with the Uniform Fire Prevention and Building Code.

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    NY Town Law §272-a

    This law encourages, but doesn't require, comprehensive plans. It emphasizes the importance of plans for land use regulation.

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    Comprehensive Plan

    A document outlining goals, objectives, and standards for a town's immediate and long-term development. It considers regional needs and includes land use proposals.

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    Land Use Regulation

    Ordinances or laws that control how land is used, like zoning laws or building codes.

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    What is the importance of comprehensive plans according to the NY Town Law §272-a?

    The law emphasizes that comprehensive plans are crucial for protecting the public health, safety, and general welfare of citizens by guiding land use.

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    What are some key components of a comprehensive plan?

    A comprehensive plan includes goals, objectives, principles, policies, and standards for future development. It also considers regional needs and existing/proposed land uses.

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    Why are notice and public participation important in comprehensive planning?

    Public input ensures that the planning process is democratic and reflects the community's needs and values.

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    Comprehensive Plan Review

    The process by which a town board reviews its adopted comprehensive plan at pre-determined intervals.

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    Comprehensive Plan and Land Use Regulations

    All land use regulations within a town must align with the adopted comprehensive plan.

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    Challenged Regulation Review

    When courts evaluate a regulation that is challenged, they consider evidence like zoning laws, policy statements, and previous land use decisions.

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    Wawayanda's Vision

    The Wawayanda Comprehensive Plan outlines four key themes: Economic Development, Maintaining Rural Character, Protecting Natural Resources, and Cultivating Community.

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    Setting: Location

    The Wawayanda Comprehensive Plan describes the town's geographical location within its region.

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    Setting: History

    The plan includes a review of Wawayanda's historical background, highlighting its past development and changes.

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    Setting: Land Use

    The plan analyzes the current state of land use in Wawayanda, examining what types of activities are happening in different areas.

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    Setting: Zoning

    The plan examines the town's existing zoning regulations, which dictate what activities are permitted in different areas.

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    Arbitrary and Capricious

    A decision made without a reasonable basis or justification, often based on personal whim rather than objective factors.

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    Conformance with Comprehensive Plan

    All land use regulations (zoning, subdivision, special use permits, site plans, etc.) must be consistent with a town's comprehensive plan.

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    Ultra Vires

    A governmental action that exceeds the legal authority granted by the enabling statutes.

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    Spot Zoning

    Rezoning a small parcel of land to allow a use inconsistent with surrounding zoning, often for the benefit of a single owner.

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    What is the difference between planning and zoning?

    Planning is long-term, general, and involves political policy while zoning is short-term, specific, and a legislative function.

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    What is NYTL 272-a?

    A New York state law requiring all town land use regulations to conform with a comprehensive plan.

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    What are enabling acts?

    State laws that give local governments the authority to regulate land use.

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    What are Standard Zoning Enabling Acts?

    Model laws adopted by states to guide local zoning regulations based on a comprehensive plan.

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    Accessory Use

    A use on the same property as the main use, clearly related to and typically found with the main use. For example, a garage is an accessory use to a house.

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    Incidental Use

    A use that is not the primary function of a property but is a minor and essential part of it. For example, a church hosting a temporary homeless shelter could be considered an incidental use.

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    Home Occupation

    A business or profession conducted from a residence, subject to specific zoning regulations. Examples include a home office, a daycare, or a small craft shop.

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    Permitted Home Occupation

    Home occupations that are explicitly allowed under zoning regulations. This often depends on neighborhood character and the type of business.

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    Prohibited Home Occupation

    Home occupations that are specifically banned by zoning regulations. This may be due to potential noise, traffic, or safety concerns.

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    Zoning Enforcement Officer (ZEO)

    An official responsible for enforcing local zoning regulations, ensuring that land uses and development comply with zoning ordinances, and resolving zoning conflicts.

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    Special Use Permit

    A document that allows a specific land use that is not normally permitted under zoning regulations. Often requires a review process and approval by a local authority.

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    Bundle of Rights

    All legal property rights associated with owning land, including possession, control, use, enjoyment, and disposal.

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    Study Notes

    Historical and Ethical Underpinnings of Land Use

    • Land use law encompasses all regulations affecting land use and development
    • Important actors include lawyers, planners, civil engineers, architects, and public interest groups
    • Influenced by economics, environment, technology, science, etc.

    Evolving Ethics

    • Silent Spring (1960s) articulated the long-term consequences of human impact on nature
    • Village of Euclid v. Ambler established zoning as a tool to control land use, recognizing the concept of police power to protect community health, safety, and welfare; and introducing the idea of land use as a parasite
    • Home rule gives local governments more latitude in creating land use laws

    Nuisance & the Quest for Utopia

    • Early American land use was largely unregulated and individualistic
    • The progressive era (1870s-1920s) saw a transition toward more regulated land use
    • The belief that cities are more suitable for certain uses rather than others became more prevalent and shaped early zoning regulations - that prompted the development of the "Garden City" movement.

    3 Magnets & the Garden City

    • Early 20th Century urban congestion and desires fueled a movement for decentralized living and closer communities with nature
    • Howards envisioned a "Garden city" composed of three magnets: cities, towns and rural areas to combine the best of both natural and civic amenities

    Nuisance

    • Nuisance is determined by a "reasonableness test" balancing the hardship, social values, and suitability of the property involved
    • Four types of nuisance:
      • Nuisance per se: An always-undesirable act
      • Nuisance in fact: An action that is not inherently a nuisance but becomes so under specific circumstances

    Private Nuisance

    • Private nuisance is specific to individuals, rather than affecting the general public
    • This involves an unreasonable interference with the use and enjoyment of someone's property

    Public Nuisance

    • Public nuisance hurts a significant portion of the community or neighborhood

    Historical and Ethical Underpinnings of Land Use

    • Land Use Law regulates the full range of laws and regulations that affect land ownership and use
    • Important parties include lawyers, planners, civil engineers, and architects.

    Historical overview of land use

    • Early land use was very unrestricted
    • Between 1870's and 1920's Americans flock to cities and started developing ideas of how to organize urban land use with business districts, housing, and recreational areas

    The City of Tomorrow

    • Idea that cities were dying because of infrastructure is incorrect
    • American cities experienced a dramatic transformation from deteriorating infrastructure, poor housing and employment to modern metropolis

    Modern Origins of Land Use Law

    • Early 20th-century urban planners like Ebenezer Howard and others advocated for the development of garden cities to address urban congestion.
    • New towns were developed as refuge from congestion

    Background & First Comprehensive Zoning

    • New York City's introduction of comprehensive zoning reflects changing demands for city management and urban land use during that time

    Legislative Authority of Local Governments

    • The authority of local governments is limited to specific areas as dictated by state enabling acts or constitutional provisions (e.g. home rule)

    Zoning Enabling Act

    • Zoning is a valid use of state power as long as it is reasonable, protects the health, wealth, safety, and morals of the community, and is not a total prohibition of use.

    Building Inspector/Zoning Enforcment Officer

    • Building inspectors and zoning enforcement officers manage zoning codes within municipalities.
    • Boards can make exceptions.

    Comprehensive Plan

    • The comprehensive plan is a document containing goals, objectives, principles, policies, and standards for the long-range development of the community
    • Zoning must be in harmony with the plan, and any individual zoning rules must be evaluated on the standard of whether they have a sufficient relationship to the plan.

    Minority Views

    • Some states do not require a comprehensive plan to be adopted before zoning laws are established; the local zoning laws do not need to consistently align with the comprehensive plan

    Case Law

    • In cases of challenges to zoning regulations, courts generally presume the validity of zoning regulations; the challenger has the burden to prove the regulation is arbitrary/unreasonable.

    Property Rights & Zoning

    • Property owners have vested rights, but the municipality can regulate use if there is a valid justification to protect the health, safety, morals, and general welfare of the community (i.e., the police power)
    • Property that has previously been used in a way that was permitted may become a nonconforming use if the zoning changes and the previously permitted use is not now allowed.

    Nonconforming Uses

    • Nonconforming uses are permitted despite the zoning changes, but development can be restricted to maintain compliance with current zoning requirements.

    Amortization

    • Amortization is the gradual phasing out of nonconforming land use
    • Not all amortization plans are legally permitted
    • Municipalities can enforce amortization; however the municipality must prove the amortization reasonably relates to public welfare

    Accessory Uses

    • Accessory uses are subordinate to, incidental to, and customarily found in connection with the principal use.
    • They are intended to be consistent with the general zoning plan; for example, a private garage is an accessory to a dwelling.

    Home Occupations

    • Home-based businesses or professions are often permitted, provided they do not substantially alter the nature of the neighborhood.
    • Rules for permitted home-occupation uses varied by municipality and zoning code.

    Subdivision Controls

    • Subdivision controls regulate the division of raw land into smaller lots and are intended to encourage an orderly development of the land.

    Environmental Impact Reviews

    • Local governments are increasingly responsible for regulating nonpoint source pollution in conjunction with their comprehensive plans

    Wetlands, Floodplains, and Steep Slopes

    • Local laws often regulate development around rivers, wetlands, or steep terrain in response to a recognized need to protect natural resources.

    Variances

    • Zoning Boards of Appeals will modify existing regulations to allow for specific exemptions from the conditions.

    Exactions and Impact Fees

    • Exactions and impact fees, such as building requirements or fees, are often necessary to cover the costs of infrastructure or other services related to development.

    Other

    • The court will uphold a rational zoning decision if it is in furtherance of a legit state interest

    Vested Rights

    • Vested rights of a landowner are established in various ways, including approved conditional zoning, and development agreements

    Development Agreements

    • These are contracts between the municipality and the developer
    • They lay out the terms of the agreement
    • They outline the rights and responsibilities of both parties

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