26-41

Street Tree Planting

In accordance with applicability requirements of underlying district regulations, one street tree, pre-existing or newly planted, shall be provided for every 25 feet of street frontage of the zoning lot. Fractions equal to or greater than one-half resulting from this calculation shall be considered to be one tree.

(a)       Design criteria

Street trees shall be planted along the entire length of along the curb of the street adjacent to the zoning lot, within:

(1)          tree beds or connected tree beds designed in compliance with standards set forth by the Department of Parks and Recreation; or

(2)         rain gardens designed in compliance with standards set forth by the Department of Environmental Protection.

For zoning lots with over 100 feet of street frontage, wherever two required street tree beds will be separated by less than 25 feet, such tree beds shall be combined and designed as a single continuous tree bed.

The species and caliper of all street trees shall be determined by the Department of Parks and Recreation, and all such trees shall be planted in accordance with the street tree planting standards of the Department of Parks and Recreation.

(b)      Alternate compliance

Where such tree planting would be infeasible adjacent to the zoning lot, such trees may be provided in an alternate manner, or waived, using any combination of provisions, as appropriate, set forth in this paragraph (b).

(1)      Rain gardens

Where the Department of Parks and Recreation determines that such tree planting would be infeasible, such required street tree may be substituted for a rain garden designed in compliance with standards set forth by the Department of Environmental Protection.

(2)      Planters

Where the Department of Parks and Recreation or Department of Transportation determines that below-grade infrastructure causes one or more tree planting location to be infeasible, such tree may be provided in permanent planters designed in compliance with standards set forth by the Department of Transportation.

(3)      Off-site locations

Where the Department of Parks and Recreation determines that such tree planting would be infeasible, or in historic districts where the Landmarks Preservation Commission determines that such tree planting would not be in character with the historic district, one or more street trees may be planted in an alternative off-site location, to be selected by the Department of Parks and Recreation, except that if the Department of Parks and Recreation determines that no alternative location is available, or if no alternative location is provided within 30 days of an application for a Department of Parks and Recreation permit, such off-site tree shall be waived. Off-site trees shall be planted at alternative locations within:

(i)      an existing empty street tree pit or planting strip; or

(ii)      an unpaved area owned by the City of New York.

         All such alternative locations shall be within the Community District or one-half mile of such zoning lot.

(4)      Payment option

Where the Department of Parks and Recreation determines that such tree planting would be infeasible, or in historic districts where the Landmarks Preservation Commission determines that such tree planting would not be in character with the historic district, in lieu of planting an off-site tree in an available alternative location, or in the event that planting adjacent to the zoning lot cannot be completed due to the season, funds equivalent to the cost of planting such tree, as established by rule of the Department of Parks and Recreation, may be deposited in an account of the City of New York. Such funds shall be dedicated to the planting of street trees by the City at an alternative location or, in the case of an off-season deposit, in front of the zoning lot at the next appropriate planting season.

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