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March_10 - • In NY City has power to zone if you don’t...

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Planning - Power is in local government Early – no planning concept for cities, they just grew. Early 19 th century – when Manhattan till rural, city council designed grid system of avenues and streets. Lower Manhattan had no organized layout; rest of Manhattan was at the time forest and farmland. Design for future development of Manhattan – created grid with N-S avenues, E- W streets. In constitution 5 th amendment – private property cannot be taken without compensation by government. When government takes private property for greater purpose = eminent domain. o If they need land for betterment of community for whole they can take it but must be just compensation. If they take it and you don’t like price they offer you, you can take it to court. o Euclid v Ambler – 1926 – local governments have police power, to safeguard health safety of citizens so local government has right to plan where properties go to protect citizens. Local government should be able to tell factory not to build next to residential owner.
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Unformatted text preview: • In NY City has power to zone, if you don’t live in city you live in town where town has power to zone, if you live in village it has power to zone. Whatever is at lowest level (smallest unit of government) they have constitutional authority to zone. Higher authority can’t tell them what they can or can’t build. • Planning: o 1) Health – Water i.e. labs through county that test water daily, where to put pipes etc. part of public health. Sewer system – 3 step cleaning process then goes to ocean, planning has to cite these plants and where ultimate product goes. o 2) Safety – especially road safety i.e. speed limits, drainage. o 3) Location of public facilities – any building you have to visit as citizen, schools, gov’t offices, libraries, police, especially for senior citizens and disabled. Must make them accessible. o 4) Economic goals – economy of area o 5) Housing – type of housing in community...
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