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Q: Exemption from following the NY City Zoning Resolution ( Answered,   0 Comments )
Question  
Subject: Exemption from following the NY City Zoning Resolution
Category: Miscellaneous
Asked by: noanoa-ga
List Price: $10.00
Posted: 26 May 2004 11:12 PDT
Expires: 25 Jun 2004 11:12 PDT
Question ID: 352257
Why the Port Authority of New York and New Jersey is exempt from
following the New York City Zoning Resolution?
Answer  
Subject: Re: Exemption from following the NY City Zoning Resolution
Answered By: thx1138-ga on 26 May 2004 11:57 PDT
 
Hello noanoa and thank you for your question.

The fact is that the Port Authority of New York and New Jersey is not
'exempt' from New York City Zoning, but that it is not a part of the
city or state of New York in terms of jurisdiction, and therefore does
not have to comply with the New York City Zoning Resolution.

For further information see:

"The WTC Site is zoned for commercial uses under the New York City
Zoning Resolution (zoning classifications C6-4, C5-3). However, the
WTC Site is exempt from zoning requirements because property owned,
controlled or operated by the Port Authority is not subject to the
jurisdiction of the city or state of New York."
http://www.renewnyc.com/content/pdfs/WTC_GPP_Amended_09-16-03.pdf  

Why?
"Throughout the 19th century, New York and New Jersey waged many
disputes over their valuable, shared harbor and waterways. A dispute
over the boundary line through the harbor and the Hudson River -
settled by the Treaty of 1834 - once led state police to exchange
shots in the middle of the river. The impasse eased when the two
states agreed that the port area was, in effect, one community and
that conflict squandered the port's potential. The states sought a
governmental body to oversee port affairs and found a model in the
Port of London, administered by what was then the only public
authority in the world.

On April 30, 1921, The Port of New York Authority was established to
administer the common harbor interests of New York and New Jersey. The
first of its kind in the Western Hemisphere, the organization was
created under a clause of the Constitution permitting Compacts between
states, with Congressional consent. An area of jurisdiction called the
"Port District," a bistate region of about 1,500 square miles centered
on the Statue of Liberty, was established. In 1972, the organization's
name was changed to The Port Authority of New York and New Jersey to
more accurately identify our role as a bistate agency"
http://www.panynj.gov/AboutthePortAuthority/HistoryofthePortAuthority/

Also see:
"In New York, the Port Authority of New York and New Jersey,
established in 1921, operates transportation facilities serving both
states. It is a financially self-supporting public agency that
receives no tax revenue from any state or local jurisdiction and has
no power to tax. It relies almost entirely on revenue generated by its
facilities' users - tolls, fees, and rents - to finance revenue bonds"
http://www.atimes.com/atimes/China/DH30Ad01.html

Thank you for your question, and if you need any clarification of my
answer, do not hesitate to ask prior to rating my answer.

Very best regards

THX1138

Search strategy included:
"New York City Zoning Resolution" exempt port
://www.google.com/search?hl=en&lr=&ie=UTF-8&safe=off&as_qdr=all&q=+%22New+York+City+Zoning+Resolution%22+exempt+port

Request for Answer Clarification by noanoa-ga on 26 May 2004 13:03 PDT
Dear thx1138-ga,
If the Port Authority is not a part of NY in terms of jurisdiction,
what jurisdiction do they have to comply with?
And if they ao are not part of ANY jurisdiction, does that mean they
can build anything they want on their piece of land? a chemical plant,
for example?
Thanks,
noanoa

Clarification of Answer by thx1138-ga on 26 May 2004 14:38 PDT
Hello again noanoa,

Just a note to say I have seen your request for clarification and I am
researching the request for you.  (It's a tricky one :)

Hopefully I will be able to give you an answer on Thursday 26th.

Very best regards

THX1138

Clarification of Answer by thx1138-ga on 26 May 2004 16:37 PDT
Hello again noanoa,

Of course I meant Thursday 27th May (ie.tomorrow)

Very best regards

THX1138

Clarification of Answer by thx1138-ga on 27 May 2004 08:48 PDT
Hello again noanoa.

After having little success with research on the internet, I decided
to call the legal department of the Economic Development department of
the Port Authoruty. After speaking to the recepionist I spoke to a
gentleman to whom I asked the folowing question (This is not verbatim,
but is more or less how the conversation went)

"Under what jurisdiction does the port authority develop real estate?
is it autonomous or does it have to have permission form the City of
New York or how does it work?"

"No, the Port authority is autonomous, although, when we want to do a
development we work with the relevant development authorities of New
York or New Jersey and adhere to, or exceed their standards"

So there we have it.  When the Port Authority wants to build something
they do so under their own jurisdiction.

"Economic Development
The Legal Center
T: 973-565-5514"
http://www.panynj.gov/AboutthePortAuthority/ContactInformation/

I hope that clears it up for you.

Thank you once again for the question.

Very best regards

THX1138
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