Water filtration plant survives two lawsuits. In a 1997 settlement agreement with the federal government, the Department of Environmental Protection agreed to build a filtration plant for the Croton Reservoir. DEP selected 23 acres in Van Cortlandt Park in the Bronx to build the plant. In 200 1 , the Court of Appeals ruled that extended construction on park land required State approval. 7 CityLaw 41 (200 1 ). I n 2003, the state legislature gave the required authorization to construct the plant in the park. In July 2004, DEP completed a supplemental environmental impact statement, and on September 28, 2004, the City Council approved the plant location and construction.

The Friends of Van Cortlandt Park claimed that the approval violated a zoning resolution requirement that no building permit be issued on former public park land without the Planning Commission’s creation of a new zoning district. The City argued that it had made a determination to override the zoning resolution requirements because the benefits of siting the plant at that location were important, the project was approved for water filtration use only and, designating a zoning district would serve no purpose. (read more…)