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2009_0330_ Packet
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2009_0330_ Packet
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ills such as the physical decay, racial segregation, and economic downturns that are endemic to <br />many United States cities and towns, but it may not be an effective means of addressing the <br />decline of civic life. This is first because form-based code, in advocating for norms to re-create <br />the city of the past, seeks to implement by design what was essentially a spontaneous and self- <br />generated form of social organization driven largely by economic concerns rather than social or <br />political concerns. Next, Urbanism, which is purportedly at the heart of New Urbanist planning <br />schemes such as form-based code, is itself a contested notion, subject to many alternate visions <br />of the city of the past. As a result, the implementation of form-based code premised on New <br />Urbanism may lead to an ersatz Urbanism. Finally, and perhaps most salient among the critiques <br />I present, form-based code's reliance upon the "community" to formulate design standards <br />through the charrette process has the potential to further isolate those who are already <br />disadvantaged. <br />I. Introduction <br />Since the 1980s the notion of "New Urbanism" has taken hold as a theory for designing <br />and redesigning towns and cities in the United States and elsewhere. New Urbanism argues for a <br />return to the "traditional" pattern of cities, one that is characterized by mixed uses in densely <br />populated neighborhoods that are pedestrian friendly and offer easy access to workplaces, <br />shopping, and recreation all while maintaining a fixed and widely shared aesthetic sensibility. i <br />This eclectic intermingling, it is argued, results in both economic and social vitality. The <br />New Urbanism grows from Urbanism, a movement first seen in the 1920s and 1930s which <br />sought to offer a systematic account of human settlement in dense "urban" living and <br />commercial spaces as opposed to rural, suburban, or exurban areas.2 Proponents of New <br />Urbanism believe that this is because the vital mix that defined the cities of old is no longer in <br />i For a discussion of some of the explicit goals of New Urbanism, see Rutherford H. Platt, Land <br />Use and Society: Geography, Law, and Public Policy 273-274 (2004). <br />� See, e.g., Lewis Mumford, The City in History: Its Origins, Its Transformations, and Its <br />Prospects 2-10 (1968 Harvest Books) (1961). In his book Mumford seeks to return to the <br />beginnings of the city and calls for an "organic" city in which technological innovation should <br />not take precedence over the essential humanness of civilization: "... We need a new image of <br />order, which shall include the organic and personal , and eventually embrace all the offices and <br />functions of man." Id. at 4 <br />2 <br />
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