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Environmental Planning & Impact Laws

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Environmental Planning & Impact Laws

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© © All Rights Reserved
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Environmental Planning

SE 409 Environmental Planning, Laws and Impact Assessment

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Topic Outcome
• To identify the processes involve in environmental planning.
Background
What is PLANNING?
• Planning is about organizing resources and making choices to achieve goals
and objectives.
• Planning also involves anticipating problems before they happen.
• Planning is central to any government policy or business decision. Elected
leaders and citizens rely on public plans to guide budgets and financial
investments, make land use regulations, and adopt infrastructure spending
programs
What is Environmental Planning?
• Environmental planning explains how governments, businesses, and
households decide how to use natural resources, financial capital, and human
resources to solve problems in natural areas, rural working landscapes, and
the built environments of cities, suburbs, and towns.
• Environmental planning can help communities to avoid or minimize air and
water pollution, loss of wildlife, the conversion of farm and forest lands, and
degradation of the built environment.
The environment in general consists of air, water, and three
main land uses:
1. Natural areas are undeveloped lands and waters that provide an array of
environmental services, such as water supply, water recharge and filtration, fish
and wildlife habitats, air filtration, and recreation. Natural areas also include natural
hazards that pose environmental constraints, such as floodplains, wetlands, and
steep slopes.
2. Working landscapes of farms, rangeland, forests, mines, and commercial
recreation areas provide food, fiber, lumber, minerals, and energy and contribute
to the health of rural and metropolitan economies.
3. Built environments of cities, suburbs, and towns involve the design and siting of
buildings, transportation systems, sewer and water facilities, and public spaces and
parkland.
Deciding how, when, and where these land uses should or should not change is
a fundamental challenge of environmental planning.

Climate change has raised air and ocean temperatures and is expected to
produce more frequent and severe storms and droughts. Climate change also
increases vulnerability to invasive species, wildfires, coastal storms, and rising
sea levels.

Mitigating emissions of greenhouse gases that contribute to climate change


have become central goals of climate change have become central goals of
environmental planning.
The Role of the Planner
in Environmental
Planning
• Planners need to bring a long- range perspective to the planning process,
particularly the cumulative impacts of development projects on the
environment.
• Planners play a variety of roles in environmental planning: educator,
communicator, negotiator, facilitator, enabler, data manager, and expert.
• Planners who work for local governments serve as staff to a city or
provincial planning commission.
• Planners enable the planning commission to make more informed
recommendations to the elected officials about development proposals and
changes to the local comprehensive plan, zoning and subdivision regulations,
and capital improvements programs.
• Planners must be able to communicate effectively with the public about the
purpose of planning for the environment and how different planning tools
work.
• Planners must work with the public to build a consensus on a vision for the
community— that is, a direction to work toward.
• Planners need to explain the importance of the environment to the
community as well as the benefits of new planning programs and the costs
of inaction.
• Planners should not assume that they have all the answers and should be
willing to learn what the public wants and how planning can achieve those
desired outcomes.
• A planner who communicates well can garner public support, which can attract the
attention and support of the planning commission and elected official.
• Public planners also need to have good negotiation skills for interacting with the
public, developers, landowners, the planning commission, and the elected officials.
• Planners can facilitate public meetings about planning and can explain to
landowners and developers how the comprehensive plan and land-use regulations
affect their development proposals.
Adding Environmental Planning to
the Comprehensive Planning Process
• Public environmental planning is put into practice through national and local
government laws, regulations, tax policy, and spending programs that
discourage, encourage, or require certain actions by companies, individuals,
and governments.
• Laws set national standards to protect public health and wildlife and compel
improvements in air and water quality and the clean- up of hazardous waste
sites.
• Local Governments have environmental agencies that coordinate compliance
with laws and regulations and in some cases set their own environmental
standards.
• LGUs have primary responsibility for planning the use of the natural and
built environments, although local comprehensive plans and regulations may
be influenced by national laws, requirements, and guidelines.
Main purposes of local comprehensive planning process:

1. decide on the appropriate uses of land and the spatial pattern of development;
2. identify lands with development constraints, such as floodplains, wetlands, steep
slopes, and shallow depth to bedrock, as well as lack of central water and sewage
service;
3. regulate the location, timing, and design of development; and
4. invest in gray infrastructure, such as sewer and water facilities, public buildings,
roads, and transit, and in green infrastructure, such as parks, tree planting, green
streets, and green roofs, to address current needs and to influence the siting,
design, intensity, and sustainability of future development.
The Comprehensive Plan
• The comprehensive plan establishes the traditional foundation for local and regional
planning.
• The plan sets forth a vision of how a community or region should look, function,
and grow over the next 10 to 20 years and sometimes longer.
• The plan provides direction for public and private sector decision makers through
an inventory of current conditions and the identification of future needs.
• The plan expresses goals and objectives for housing, the economic base, public
facilities and services, transportation, land use, parks and recreation, and the
environment.
The Comprehensive Plan
• A crucial part of the comprehensive plan is a projection of population
change. More people bring greater demands for housing, jobs, water, sewage
treatment, and land for development. Some communities may be losing
population or experiencing little population change, but population shifts
and new developments within such communities can still affect
environmental quality.
• The comprehensive plan’s future land- use map is particularly important
which details the location of desired land uses and lays the foundation for
the zoning map.
The Comprehensive Plan
• Environmental planning— like a comprehensive plan— should be holistic
because, as the second law of ecology states, “everything is connected to
everything else. ”
• Planning for one aspect of the environment, such as water quality, without
recognizing the impacts of other activities (such as air pollution degrading
water quality) will result in less effective plans, less accurate regulations, and
less successful incentives to maintain or improve environmental quality.
Shortcomings of Traditional Comprehensive Plan

• The traditional plan usually emphasizes economic development, transportation, and housing
and does not place a high priority on environmental quality.
• Another weakness of the traditional comprehensive plan is that it lists several goals and
objectives that are often difficult for planners and local governments to prioritize.
• Many communities have comprehensive plans that are more than 10 years old and no longer
reflect the community’s conditions or goals and objectives for growth, development, or
environmental quality.
• Comprehensive plan of a single community may not recognize the environmental impacts
of its land- use and development activities on neighboring jurisdictions or vice versa.
Comprehensive Plan or Strategic Plan?
• Comprehensive plan asks the general question: “What kind of community
do we want to have in 20 years?”
• A strategic plan asks a very different question: “What do we have to do to be
the community we need to be in 20 years?”
Comprehensive Plan or Strategic Plan?
• A strategic plan more often lays out the regulations, incentives, and
investments that a local government and the private sector need to make in
order to achieve a level of environmental quality within a set time frame.
• Strategic plans often include quantifiable goals, such as a 20 percent
reduction in greenhouse gases by 2025, or 10 miles of greenways and trails
by 2020, or 25 more miles of light rail by 2030.
• Whether in a comprehensive plan or a strategic plan, environmental planning
must be economically and technologically feasible
Functional and Area Plans
• Local governments have a choice of whether to emphasize environmental
issues within a comprehensive plan or to create separate strategic plans.
• Strategic plans fall into two categories: (1) functional plans and (2) area
plans.
Functional and Area Plans
• A functional plan goes into more detail on a particular topic in a comprehensive
plan. For example, many local governments have adopted a functional park- and-
recreation plan in addition to the community facilities section of the comprehensive
plan.
• An area plan focuses on a certain geographic location, such as a neighborhood, a
transportation corridor, or part of a county.
• Functional plans and area plans can help to expand on the inventory and analysis of
data and the goals and objectives contained in the comprehensive plan.
Functional and Area Plans
• A hazard mitigation plan is an area plan with elements of a functional plan
that expand on the land use and natural resources inventory sections of a
comprehensive plan.
• Local functional environmental plans often include a park and open space
plan, water supply plan, Energy Plan, Heritage Area Plan, transportation
plan, stormwater management plan, and a hazard mitigation plan.
• Separate functional and area plans can strategic be much more than a
comprehensive plan.
Zoning
• Zoning is the most widely used land-use control in the U.S. to guide the
future growth and development of a municipality or county.
• The traditional zoning ordinance consists of two parts: a text describing
the rules for each zoning district (Residential, R-1 Single Family, R-2
Multifamily, Commercial C-1, Manufacturing M-1, etc.) and a map showing
the location and boundaries of the zoning districts.
Zoning
• Each zoning district also has specific regulations on lot size, height of buildings,
building setbacks from property lines, lot coverage (i.e., how much of a site can be
covered with impervious surfaces), and may include other requirements.
• One of the most common uses of zoning in environmental planning is the overlay
zone. An overlay zone creates a double- zone where a landowner or developer must
meet the standards of both the underlying zone (such as R- 1 Residential Single
Family) and the overlay zone (such as a Floodplain Zone).
• Planners employ overlay zones to protect the public health, safety, and welfare in
sensitive environmental areas. For instance, overlay zones include floodplain
overlays, aquifer overlays, and steep slope overlays, among others.
Zoning: Purpose
• It serves to implement the goals and objectives of the comprehensive plan
and the plan’s future land- use map.
• To separate potentially conflicting land uses— such as keeping a steel factory
away from single- family homes— to protect public health, safety, and
welfare.
Zoning: Criticism
• A valid criticism of traditional zoning is that it often separates commercial and
residential land uses and forces people to travel by car from where they live to where
they work and shop. This separation of land uses causes more energy consumption,
air pollution, and sprawling development.
• Another criticism of zoning is that it tends to be rigid, resulting in “cookie cutter”
housing developments with uniform rectangular lots.
• Also, local governments may poorly administer their zoning by frequently granting
use variances and re-zonings for other land uses that defeat the development goals
and objectives of the comprehensive plan.
Performance Zoning
• Communities can use performance zoning to regulate the potential impacts of land
uses rather than limiting land uses to those generally thought to be compatible with the
area.
• Performance zoning relies on buffer in the form of berms, vegetation, and
setbacks to minimize noise and light that would spill over from one property
to another.
Fiscal Zoning
• Many communities allow commercial, industrial, and large-lot residential
development that will increase the property tax base but openly discourage
multifamily housing for fear of a greater property tax burden.
• This practice— known as “fiscal zoning”— zones out low- income house
holds and promotes both large-lot residential sprawl and arterial commercial
sprawl instead of compact, mixed- use developments.
Subdivision and Land-Development
Regulations
• The subdivision and land-development ordinance establishes rules for the
design and layout of lots, necessary roads and sidewalks, sewage disposal,
drinking water supplies, and stormwater drainage, as well as the retention of
open space and vegetation.
• In some states or communities in the US, the subdivision ordinance may
require an environmental impact assessment for all major subdivisions and
land development plans.
The Capital Improvements Program (CIP)
• A CIP describes (1) what public infrastructure a community will build, repair,
or replace; (2) where these services are or will be located; (3) when
construction, repair, or replacement will happen; and (4) how these
infrastructure projects will be funded.
• Local governments typically use a CIP to budget 5 to 10 years into the
future, but this may vary according to a community’s estimates of future
population growth and service needs.
The Capital Improvements Program (CIP)
• The purpose of the CIP is to anticipate the location, type, and amount of
public service needs and to provide adequate services at a reasonable cost.
• The CIP can help coordinate projects and avoid mismanagement, such as
paving a street one year and tearing it up the next to install a sewer line.
• A CIP commonly includes public investments in roads and bridges, mass
transit, school buildings, sewer and water treatment plants and lines,
municipal buildings, and solid waste disposal sites. These public facilities are
called “gray infrastructure”.
The Capital Improvements Program (CIP)
• A CIP should also include “green infrastructure” projects, such as parks, trails,
purchases of land and conservation easements, green roofs on public
buildings, and financial incentives to encourage private landowners to install
green roofs, rain gardens, and swales to reduce stormwater runoff.
• The CIP should contain detailed information on the capacity of current
facilities, the projected future demand for public services, and estimated
future costs and financing arrangements in relation to expected municipal or
provincial revenues and operating budgets.
The Environmental Planning
Process
Environmental Action Plan
• Local governments can use an Environmental Action Plan to implement goals and
objectives from several parts of the comprehensive plan, especially the natural resources
inventory, economic base, land use, and community facilities sections.
• The Environmental Action Plan can draw on planning strategies and tools in the functional
and area plans that are connected to the comprehensive plan.
• The Environmental Action Plan can recommend regulations, financial incentives,
infrastructure spending programs, and other actions toward promoting a sustainable
environment.
• The Environmental Action Plan can list short- term, medium- term, and long- term actions;
funding sources; and who will be responsible for carrying out the actions and when.
Steps in the Environmental Planning Process

The environmental planning process has eight main steps, most of which
contain a mix of technical planning and political “selling” of the benefits of
environmental planning
Steps in the Environmental Planning Process

1. The public and elected officials recognize the need for environmental planning.
2. Officials then commit people and funding to the environmental planning effort and
appoint an environmental advisory committee to assist the planning commission.
3. The planning commission, staff, and the environmental advisory committee
conduct an Environmental Needs Assessment Survey and solicit public input.
4. The planning commission, staff, and the environmental advisory committee
develop a factual base of environmental conditions and analyze the information.
Steps in the Environmental Planning Process

5. The planning commission, staff, and the environmental advisory committee review the community’s
comprehensive plan to revise the vision statement, broad goals, and specific objectives to incorporate
environmental data and needs over the next 20 years or more.
6. The planning commission, staff, and the environmental advisory committee draft an Environmental
Action Plan to articulate a set of land- use controls, financial incentives, infrastructure spending, tax
programs, and building design regulations that will put the environmental goals and objectives of the
comprehensive plan into practice.
7. Elected officials solicit public input and adopt the Environmental Action Plan.
8. The planning commission and elected officials implement, monitor, and evaluate the performance of
the Environmental Action Plan through an annual review of progress toward benchmarks and then make
revisions and updates as needed.
4th Step: Gathering Data About
Environmental Conditions and
Analyzing the Data
• Studies of the natural and built environments, including projected future
impacts of population on environmental resources, create a factual base.
• The factual base in a comprehensive plan should include (1) a natural
resources inventory of air, land, water, and wildlife resources and (2) a
built environment inventory of buildings and gray infrastructure.
• The factual base will help to answer a variety of questions, such as the
following:
• What is the quality of the community’s air and water?
• What type of wildlife and wildlife habitats exist?
• What is the condition of the sewage treatment plants?
• What is the suitability of lands and water resources in the community for different
types of development?
• Natural resources include air, water, soils,
geologic formations, farmland, forests,
minerals, wetlands, and plant and animal
species.
Natural • In the inventory, planners should identify the
Resources location, quantity, and quality of these
resources as well as their suitability for
Inventory development, development constraints such
as steep slopes and floodplains, and
vulnerability to pollution or natural hazards.
Natural Resources Inventory
• Resource maps are very useful, and a composite map
of natural resource layers, generated by a geographic
information system (GIS) is highly recommended.
• Aerial photos of the community or region can be
especially helpful in showing the pattern of
development (whether sprawled or compact), the
amount of built- up area and undeveloped land, and
where future development might best be
accommodated.
Natural Resources Inventory
Natural Resources Inventory
Planners can include discussions of the following natural resources in a natural
resources inventory:
• SOILS. Soils information can include slope, erosion potential, wetness,
strength, depth to bedrock, frost action, shrink- swell, prime agricultural
soils, forest soils, and suitability for on- site septic systems.
Natural Resources Inventory
• GEOLOGY AND TOPOGRAPHY. The geology of the community or
region consists of the underlying rocks, mineral and aggregate deposits, and
the topography of the land scape. Geology can help to identify areas likely to
have productive groundwater aquifers and areas vulnerable to groundwater
contamination. Planners should map underground faults that could lead to
land subsidence, landslides, or earthquakes. There may also be unique
geological features such as caves, mesas, and rock outcroppings that planners
should note. Topographic maps will show ridges and steep slopes and reveal
stormwater drainage patterns.
Natural Resources Inventory
• WATER RESOURCES. Important water resources include groundwater and
surface water, public water supplies, wetlands, and floodplains. Planners should
obtain or draft maps on the location and extent of water resources as well as
watershed and aquifer boundaries.
• WILDLIFE AND HABITAT. Planners should describe and map significant
wildlife habitat, nesting areas, migration routes, fish spawning grounds, and feeding
spots. Wildlife habitat can be identified by knowledgeable local volunteers,
conservation groups, and personnel from the state land grant university and state
fish and wildlife department. Habitats can be rated for importance and vulnerability.
Natural Resources Inventory
• VEGETATION. Planners can list and map lands in forest cover, farm use,
or other type of vegetation. Sources of information include satellite imagery
and aerial photos. Planners can digitize this information into a GIS database
and combine it with the wildlife habitat map.
• AIR QUALITY. An inventory of air quality includes measurements of
carbon monoxide, particulates, nitrogen dioxide, lead, ozone, and sulfur
oxides, which are the main air pollutants. Planners can note how many days
each year the air quality fails to meet one or more of the standards for these
six pollutants.
• A built environment inventory can show the
location, number, age, and condition of the
housing stock, commercial and industrial
buildings, parks, and public buildings.
• The inventory can also include the location and
condition of public infrastructure, including
roads, sewer and water lines, schools, landfills, and
A Built police and fire stations.
Environment • The built environment has important connections
with the natural environment.
Inventory • Planners can identify and map buildings and
neighborhoods with historic and cultural value,
public buildings and spaces, streetscapes, and
blighted areas. These are all areas with potential
for improving the quality of life for residents in
the neighborhood.
The analysis of the natural resources inventory and
the built environment inventory consists of three
parts:

Analysis of • LAND AND WATER SUITABILITY


ANALYSIS. A key product of the natural
the Natural resources inventory is a land and water suitability
analysis, which identifies those areas of the
Resources community that are appropriate for development,
places that have moderate limitations for most
Inventory developments, and areas that should be protected
in their natural state because of severe
and Built environmental constraints and natural hazards.
Land and water suitability analysis can provide
Environment important information on the carrying capacity of
Inventory the community— that is, how many people and
how much development the community can
sustainably support before serious negative
environmental impacts occur.
Rating Natural Resources and Development
Suitability
Analysis of The land and water suitability analysis should
the Natural contain a method to rate or classify the
development potential of different lands. For
Resources instance, planners can identify development
Inventory constraints and natural hazards with a color
code on GIS maps (red for severe limitations,
and Built orange for moderate limitations, yellow for few
Environment limitations) or a numerical points system with
developable lands receiving higher points than
Inventory lands with development limitations.
Planners can prioritize natural resources for
protection according to:
1. whether the resource is renewable or
Analysis of irreplaceable— if irreplaceable, the resource is
more valuable;
the Natural 2. the rarity of the site— the less common, the
Resources more valuable the resource, particularly in the
case of habitats of threatened and endangered
plant and wildlife species;
Inventory
3. the size of the site— generally, the larger the
and Built site, the more important it is;
4. the diversity of plants, wildlife, scenic views, and
Environment other natural features— the greater the diversity
the more important the site is; and
Inventory
5. the fragility of the site, including the quality of
the undisturbed site and human threats to the
site.
• ENVIRONMENTAL QUALITY ANALYSIS.
Planners can perform an environmental quality
analysis to compare regional and national
environmental standards with actual conditions in the
Analysis of community.
the Natural • CURRENT TRENDS ANALYSIS. Recent trends
in population growth, acreage developed, acreage in
Resources public parks, vehicle miles traveled, waste recycling,
Inventory loss of threatened or endangered plant and animal
species, air and water quality, and water use give
and Built indications of the direction of environmental quality.
Environment In the current trends' analysis, planners ask the
following questions: Where are we going in terms of
Inventory population growth, land development, and environmental
quality? Are these trends sustainable? What will be the
environmental costs if these trends continue? What will be the
economic costs and social impacts?
Innovative Techniques to Implement an
Environmental Action Plan
A Further Look at Functional and
Area Environmental Plans
• The purpose of these special plans is to focus attention on one or more
environmental problems and to create a strategic course of action. Ideally,
these plans should be made part of the comprehensive plan because the
comprehensive plan provides the legal basis for zoning and subdivision
regulations and guides CIPs.
Climate Action Plan
• The first step in creating a climate action plan is to estimate the greenhouse gas
emissions in a baseline year from the community’s energy consumption and waste
generation.
• Next, a forecast is made of future emission levels based on current trends. Then
greenhouse gas reduction targets are established according to a timeline. The city
drafts an action plan to implement changes to land- use regulations, infrastructure
investment, building codes, and public education to achieve the greenhouse
reduction targets.
• The city must then monitor progress toward the reduction targets and make
adjustments in its climate action programs as needed.
Green Infrastructure Plan
• The term “green infrastructure” covers a range of open space and
stormwater management investment projects.
• At the site level in cities, green infrastructure in the form of green roofs, rain
gardens, bioswales, and street trees have proven effective in capturing,
retaining, and infiltrating stormwater. At the regional or land scape scale,
green infrastructure can link open spaces, providing recreation and a variety
of ecosystems services.
Green Infrastructure Plan
• One goal of green infrastructure is to maximize ecosystem services.
• There are four general categories of ecosystem services:
• Provisioning services produce food, fiber and energy for humans, plants, and animals.
• Regulating services affect climate, air quality, waste treatment, and water quality and sup plies.
• Cultural services refer to opportunities for recreation, education, and spiritual or aesthetic
enjoyment from contact with nature.
• Supporting services underlie the others with basic natural processes such as photosynthesis and
nutrient cycling.
Green Infrastructure Plan
• Green infrastructure plans embody six design characteristics:
1. Multifunctionality
2. Connectivity
3. Habitability
4. Resiliency
5. Identity
6. Return on investment
• A key goal of any green infrastructure plan is connectivity.
Environmental Policy Plan
• A policy plan is a set of desired outcomes and recommendations to achieve
those outcomes.
• Typically, a policy plan lacks the detailed facts and careful analysis found in a
comprehensive plan or a future land-use map on which to base the zoning
map.
• In many cases, a policy plan appears to be a wish list, which may or may not
realistically reflect the community’s ability to make recommended changes.
Sustainability Plan
A true sustainability plan must address the long- term durability of the natural
and built environments, the local economy, and social equity.
Sustainability Plan
• The elements of the sustainability plan include the following:
❖ Economic Sustainability
1. A strong economy
2. Diverse supplier base
3. Employment and workforce training
4. Financial management/sustainability
5. Enhanced customer service
6. Vital business districts
❖Social Sustainability
1. Great neighborhoods
2. Strong education, arts, and community
3. Civic engagement
4. Healthy lifestyles and healthy environments
5. Public safety
Sustainability Plan
❖Environmental Sustainability
1. Energy and climate protection
2. Environmental quality and natural systems
3. Land use and development
Sustainability Plan
The following are specific desired environmental outcomes:
A. Maintain an adequate and safe water supply.
B. Improve the quality of the Grand River and its tributaries.
C. Protect and maintain healthy ecosystems and habitats.
D. Reuse and recycle; and reduce waste sent to landfills.
E. Ensure that sound land uses enhance the natural environment.
F. Ensure quality design and construction of the built environment in accordance with the
City’s Master Plan and Zoning Ordinance.
G. Ensure access to parks and open spaces for all citizens.
H. Reduce greenhouse gas emissions (carbon footprint) and impact on climate change
Sustainability Plan
• These principles speak to the importance of the triple bottom line of
environmental, economic, and social sustainability.
• The challenge is to implement the plan and move toward greater
sustainability over time.
Day- to- Day Planning Decisions:
Review of Development Proposals
• The day- to- day implementation of the comprehensive plan and other
environmental plans occurs through the recommendations and decisions
made by planning commissions, zoning boards, zoning officers, and elected
officials as they review proposed development projects for consistency with
the plans, the zoning ordinance, subdivision regulations, CIPs, and other
local standards.
• When a development proposal is submitted to the planning commission, the
commission should make an assessment of the potential environmental
impacts.
• Air and water quality, water withdrawals, wetlands, and threatened and
endangered species are examples of environmental issues that might require
a review and approval from the governing agencies.
• Planners can use a checklist as a guide for reviewing the impacts of proposed
developments on the natural environment at a specific location.
• The answers to the questions in the checklist will help the planning
commission in making findings of fact to support its recommendations
about a proposed development.
Environmental Impact Checklist for Reviewing
Proposed Development Projects
Environmental Impact Checklist for Reviewing
Proposed Development Projects
Environmental Impact Checklist for Reviewing
Proposed Development Projects
Environmental Impact Checklist for Reviewing
Proposed Development Projects
Reference
Daniels, T. (2017). The Environmental Planning Handbook: For Sustainable
Communities and Regions, 2nd Edition. Routledge.

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