DEP Environmental Protection Invoices, 1999-2001

NYC 9/11 Public Portal Document

Legislature. of every City infrastructure project of parkland does not require approval by the State required for the WTP project, whichwill not underneath parkland, and State legislative approval is not construction is completed. . diminish the parkland available for public use when

B. Zoning Amendment Resolution is required for construction Friends argues that an amendment of the City Zoning site. Parkland is not included in any zoning and operation of the WTP at the Mosholu Golf Course when apublic park is "sold, transferred, district. Section 11-13 of the Zoning Resolution provides that, control of the Commissioner of Parks and exchanged, or in any other manner relinquished from the orporlion thereof until an amendment Recreation," no use will be permitted on the "former public park amendment requirement is inapplicable here. designating a zoning district has been adopted. The thereof' that would give rise to the The WTP does not create a "former public park or portion the area ofparkland availzblc for public need for a zoning amendment. When the project is completed, portion of parkland will be placed beyond Use will remain substantially the same as it is now, and no of the WTP. No portion of Van the control of the Parks Commissioner during or after construction manufacturing district— the three general Cortlandt Park will become a residence, commercial or Resolution— that must be designated categories of zoning districts under Section 11-12 of the Zoning

as such on a zoning map.. responsible for all zoning matters Moreover, the City Planning Commission, the agency

parkland for construction of projects City-owned infrastructure or to temporary interference with the City. The historical record of under parkland to supply essential services to the residents of and is argued to be a reliable legislative enactments, to the extent it has been presented to the court If anything, the historical reflection of legal requirements, does not support the AG's position. alienation of parkland, against record supports the view that, despite the well-established doctrine no State legislative approval is required for the WTP. 18

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