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34 Envtl. L. Rep. News & Analysis 10003 (2004)

handle is hein.journals/elrna34 and id is 1 raw text is: Copyright © 2004 Environmental Law Institute®, Washington, DC. reprinted with permission from ELR®, http://www.eli.org, 1-800-433-5120. 1-2004 ELR NEWS &ANALYSIS ARTICLES Smart Growth and Innovative Design: An Analysis of the New Community by Francesca Ortiz 34 ELR 10003 Table of Contents I. Sprawl-Induced Problems .... A. Economic Impacts ........ 1. Public Services ........ 2. Taxes ............... 3. Urban Core Deterioration. B. Social Impacts .......... 1. Economic and Racial Segr 2. Educational Disparity .... 3. Psychological Impacts... C. Environmental Impacts .... 1. Air Quality ........... 2. Water Impacts ......... a. Water Quantity ....... b. Water Quality ....... 3. Biodiversity .......... a. Habitat Loss ........ b. Pollution ........... c. Edge Effects ........ II. Causes of Sprawl ......... A. Government Subsidies ..... 1. Automobile Subsidies ... 2. Housing Subsidies ...... B. Zoning Regulations ....... III. Reducing Sprawl's Impacts. A. Smart Growth ........... 1. Subsidy Elimination ..... 2. Reuse and Revitalization . 3. Preservation .......... 4. Planning ............. 5. Compact Zoning ....... B. Innovative Design ........ 1. New Urbanism ........ 2. Conservation Subdivisions 3. Low-Impact Development IV. Challenges of the New Comm A. Politics ................ B. Individual Preference ...... C. Gentrification and Affordable V. Conclusion ............... ........... 10005 ........... 10005 ........... 10005 ........... 10006 ........... 10006 ........... 10007 egation ...... 10007 ........... 10008 ........... 10009 ........... 10010 ........... 10010 ........... 10011 ........... 10011 ........... 10011 ........... 10013 ........... 10013 ........... 10013 ........... 10014 ........... 10014 ........... 10014 ........... 10014 ........... 10015 ........... 10015 ........... 10016 ........... 10016 ........... 10016 ........... 10017 ........... 10018 ........... 10019 ........... 10019 ........... 10019 ........... 10019 ........... 10021 ........... 10021 unity ....... 10023 ........... 10023 ........... 10025 Housing .... 10026 ........... 10027 The author is a Professor of Law, South Texas College of Law; J.D. 1989, Harvard Law School. Work on this Article was supported by a research grant from South Texas College of Law. The author wishes to thank Ros- lyn West and KellyAnne Donnelly for their diligent research assistance. In the early 19th century, most metropolitan areas were compact, with strong downtown areas that provided not only retail, government, and other services, but also a vari- ety of cultural activities.' Although some of rich society lived in rural areas to escape the city's crime and health haz- ards,2 the demarcation between city and countryside was clear. Most people were forced to live and work in one area because of the lack of reasonable transport between city and country.4 It was not until the railroad linked the city to the countryside that suburbs began to develop.5 The first areas that grew outside the central city were in- tended for the rich, with large homes built in secluded areas that maintained the quiet beauty of the countryside and ex- cluded industrial use.6 By the late 19th and early 20th cen- tury, suburbs began to develop more rapidly as cities grew from an influx of immigrants and new forms of public transportation. The streetcar, for example, could transport more people and cover more ground, thereby enabling those with a more moderate income to work further from 1. TOM DANIELS, WHEN CITY AND COUNTRY COLLIDE: MANAGING GROWTH IN THE METROPOLITAN FRINGE 20 (1999); ERIC H. MONKKONEN, AMERICA BECOMES URBAN: THE DEVELOPMENT OF U.S. CITIES AND TOWNS 1780-1980, at 43 (1988); KENNETH T. JACKSON, CRABGRASS FRONTIER: THE SUBURBANIZATION OF THE U.S. 14-15 (1985). 2. DANIELS, supra note 1, at 20. As Prof. Tom Daniels explains: To Americans in the early 1800s, a rural estate was some- thing to admire and even aspire to own. The nation knew well of George Washington's Mount Vernon and Jefferson's Monticello. English peers and landed gentry and those of continental Europe had long lived in stately houses, cha- teaux, and castles. The countryside was quiet, green, and spa- cious. By comparison, cities were notorious for their crime, filth, and plagues. Poverty led to thievery, burglary, and beg- ging. Public sanitation was sorely lacking. Crowded, dirty living conditions gave rise to tuberculosis. Polluted drinking water supplies brought on raging epidemics of cholera and typhus. Dolly Madison, wife of the fourth president, lost her first husband to a yellow fever epidemic in Philadelphia in the 1790s. Id. 3. Id. 4. Id. 5. Although a few suburbs did exist, they were mainly independent communities that grew alongside the growing eastern cities. Id. at 20-21. 6. Id. at 21. 7. Id.

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