Chapter 7 - Special South Richmond Development District (SRD)

The City of New York
Bill de Blasio, Mayor
City Planning Commission
Marisa Lago, Chair

The "Special South Richmond Development District" established in this Resolution is designed to promote and protect public health, safety, general welfare and amenity. These general goals include, among others, the following purposes:

(a)        to guide future development in accordance with the Land Use Plan for South Richmond and the Capital Improvement Plan for the Special District area;

(b)        to promote balanced land use and development of future land uses and housing in the Special District area, including private and public improvements such as schools, transportation, water, sewers, drainage, utilities, open space and recreational facilities, on a schedule consistent with the City's Capital Improvement Plan and thereby provide public services and facilities in the most efficient and economic manner, and to ensure the availability of essential public services and facilities for new development within the area;

(c)        to avoid destruction of irreplaceable natural and recreational resources such as lakes, ponds, watercourses, beaches and natural vegetation and to maintain the natural ecological balance of the area with minimum disruption of natural topography, trees, lakes and other natural features; and

(d)        to promote the most desirable use of land in the South Richmond area and thus to conserve the value of land and buildings and thereby protect the City's tax revenues.

107-01

Definitions

Definitions specially applicable in this Chapter are set forth in this Section. The definitions of other defined terms are set forth in Section 12-10 (DEFINITIONS).

 

Arterial

An "arterial" is a street designated as an arterial in Section 107-25 (Special Regulations Along Certain Streets or Railroads) whose function is primarily the accommodation of through vehicular traffic and to which special provisions of this Chapter apply. All such arterials are shown on the District Plan, Map 2 in Appendix A, which is hereby incorporated as an integral part of the provisions of this Chapter.

 

Development

For the purposes of this Chapter, a "development" includes a development as defined in Section 12-10 (DEFINITIONS), the enlargement of a non-residential building, or the enlargement of a residential use that involves the addition of one or more dwelling units.

To "develop" is to create a development.

 

Designated open space

"Designated open space" is a portion of the open space network located on a zoning lot as shown on the District Plan (Map 3 in Appendix A), and is to be preserved in its natural state in accordance with the provisions of the Special South Richmond Development District.

 

Detached

For the purposes of this Chapter a "detached" building is a building surrounded by yards or other open area on the same zoning lot or is a building abutting a street line which is surrounded by yards or open area on the same zoning lot except where the building abuts the street line.

 

Drainage scheme

A "drainage scheme" is a plan for a system of storm sewers and/or sanitary sewers intended to serve a development which is submitted to the Department of Environmental Protection for review and approval.

 

Open space network

The "open space network" is a planned system of open spaces as shown on the District Plan (Map 3 in Appendix A), which includes public parks, park streets, designated open space and the waterfront esplanade.

 

Park street

A "park street" is a street designated as such in Section 107-25 (Special Regulations Along Certain Streets or Railroads) and whose primary function is to provide connecting links for pedestrians and cyclists between portions of the open space network and to which special provisions of this Chapter apply. Park streets shall be designated to provide limited vehicular access.

 

Sewer acceptance

A "sewer acceptance" is the acceptance by the Department of Environmental Protection of a system of storm and/or sanitary sewers which were built in accordance with an approved drainage scheme intended to serve a development.

 

Site alteration

A "site alteration" is an alteration on any vacant tract of land, land with minor improvements or any tract of land containing buildings or other structures, which includes land contour work, topographic modifications, removal of topsoil, removal of trees of six-inch caliper or more, excavating, filling, dumping, changes in existing drainage systems, improvements in public rights-of-way, whether or not a permit is required from the Department of Buildings, the Department of Transportation or other public agencies. A site alteration shall include any land operation within designated open space.

 

Waterfront esplanade

The "waterfront esplanade" is a pedestrian way to be provided for public use within the open space network along the Raritan Bay waterfront, as shown on the District Plan (Map 3 in Appendix A).

In harmony with the general purpose and intent of this Resolution and the general purpose of the Special South Richmond Development District, the regulations of the districts upon which this Special District is superimposed are supplemented or modified in accordance with the provisions of this Chapter. Except as modified by the express provisions of this Chapter, the regulations of the underlying districts remain in effect. In flood zones, in the event of a conflict between the provisions of this Chapter and the provisions of Article VI, Chapter 4 (Special Regulations Applying in Flood Hazard Areas), the provisions of Article VI, Chapter 4, shall control.

In addition to applicability as provided in Section 11-10 (ESTABLISHMENT AND SCOPE OF CONTROLS, ESTABLISHMENT OF DISTRICTS, AND INCORPORATION OF MAPS), the provisions of this Chapter shall apply to site alterations or subdivision of zoning lots, except:

(a)        public improvement projects for which preliminary design contracts were approved by the Board of Estimate prior to January 2, 1975, or for which title was vested by the City prior to September 11, 1975; and

(b)        any large-scale development for which an authorization or special permit was granted prior to September 11, 1975. For the purposes of this Chapter, the City Planning Commission may extend such authorization or special permit for a renewable term of one year provided that the Commission finds that the facts upon which the authorization or special permit was granted have not substantially changed and that the adoption of this amendment shall not constitute a substantial change of fact.

For all developments located within areas D, F or K as shown on the District Plan (Map 4 in Appendix A), the applicant shall obtain from the Commission a certification indicating that the development complies with the approved South Richmond Development Plan. As a condition for such certification, the Commission shall find that:

(1)        the minimum lot area for any commercial development is at least two acres;

(2)        vehicular access and egress for the development is arranged so that it affords the best means of controlling the flow of traffic generated by such development; and

(3)        due consideration has been given to relate the proposed development to the character of the surrounding area by providing suitable buffering, landscaping and building setbacks.

For such certification, the applicant shall submit to the Commission a site plan and drawings depicting the proposed buildings and location of off-street parking facilities, curb cuts and pedestrian walkways. For residential uses within Area K, the bulk and parking regulations of R3-2 Districts, as modified by this Chapter, shall apply.

An application to the City Planning Commission for a certification, authorization or special permit respecting a development or site alteration shall include a survey map prepared by a licensed land surveyor showing existing topography at two foot contour intervals, the location of all existing buildings or other structures, the location of all proposed buildings or other structures, the location of individual existing trees of six inch caliper or more, the location of any elements of the open space network on or adjacent to the zoning lot, and such other information as may be required by the Commission for its determination as to whether or not the certification, authorization or special permit is warranted.

In all cases, the City Planning Commission shall deny a special permit, authorization or certification application whenever a development will interfere with a public improvement project (including, without limitation, housing, highways, public buildings or facilities, redevelopment or renewal projects, or rights-of-way for sewers, transit or other public facilities) which is approved by or pending before the Board of Estimate, City Planning Commission or Site Selection Board.

The District Plan for the Special South Richmond Development District shows the open space network, designated open space, park streets, waterfront esplanade, and building setback lines. The elements of the District Plan are set forth in Appendix A, which is hereby incorporated as an integral part of the provisions of this Chapter.

Where planting of trees is required by the provisions of this Chapter, the selection of trees for their planting shall be in accordance with the Tree Selection Table set forth in Appendix B, which is hereby incorporated as an integral part of the provisions of this Chapter.

Within the Special District, any zoning lot existing on September 11, 1975, may be subdivided into two or more zoning lots provided that the existing topography, all individual trees of six inch caliper or more and all land located within a designated open space, to the greatest extent possible, are preserved under future development options. Any subdivision that is proposed to take place within the Special District after September 11, 1975, shall be filed with the City Planning Commission, and the Commission shall certify that such subdivision complies with the approved South Richmond Plan and the above objective. In the case of a subdivision of a tract of land containing designated open space, a site plan indicating the distribution of bulk for the individual zoning lots shall be submitted to the Commission. Such approved subdivision shall then be recorded in the land records and indexed against all zoning lots. The subdivision plan shall include a survey map indicating existing topography at two foot contour intervals, all individual trees of six inch caliper or more, and the location of designated open space within the area. When a zoning lot existing on September 11, 1975, is more than five acres and is intended to be subdivided, an area plan of the entire subdivision shall be filed with the Commission. The area plan shall include the proposed vehicular circulation system within the area, block and lot layouts and any other information required by the Commission.

The Chairperson of the City Planning Commission may, by certification, modify or waive a required visual corridor, as defined in Section 62-11, with respect to developments, including minor modifications thereto, that contain designated open space and a portion of the waterfront esplanade, where such development is conditioned upon a restrictive declaration that includes a site plan for such development, including provisions for public access to such designated open space and waterfront esplanade, provided that at least one required visual corridor continues to be provided pursuant to the restrictive declaration.

Prior to the approval of any application to the Department of Buildings for a site alteration or a development, the applicant shall file applications with the appropriate City agency requesting the certifications required in Section 107-12 (Public Facilities).

Any application to the Department of Buildings for a site alteration or development shall include a survey map or maps prepared by a licensed land surveyor showing, for the site, existing topography at two foot contour intervals and the locations, names and calipers of all existing trees of six inch caliper or more and; for any development, the application shall also include certifications from the appropriate City agencies as required by Section 107-12.

However, the requirements of a survey map at two foot contour intervals shall not apply to zoning lots 4,000 square feet or less owned separately and individually from all other adjoining zoning lots on September 11, 1975, and on the date of filing such application.

However, when a zoning lot which was owned separately and individually from all other adjoining zoning lots existing prior to January 2, 1975, is proposed to be developed with one single- or two-family detached residence, the certification reports of Section 107-12 shall not be required, but the provisions of local laws shall apply. When a permit for land contour work, storm water drainage systems or other site alteration work is required from the Department of Transportation or Department of Environmental Protection or when a public agency requires a site alteration on either privately or City-owned land, the public agency involved shall, prior to initiating or issuing a permit for such site work, notify the Department of Buildings.

The Department of Buildings and the public agency involved shall jointly determine that the proposed site alteration work is consistent with the provisions of Sections 107-31 (Topographic Regulations), 107-32 (Tree Regulations) and 107-25 (Special Regulations along Certain Streets and Railroads). In case of non-agreement, the provisions of Section 107-91 (Inter-agency Coordination) shall apply.

107-121

Public schools

For any development containing residential uses, the Department of Buildings shall be in receipt of a certification from the Chairperson of the City Planning Commission which certifies that sufficient school capacity exists to accommodate the anticipated primary and intermediate public school children of the development. All applications for certification pursuant to this Section shall be referred by the Chairperson of the Commission to the Board of Education.

The Board of Education shall issue a report concerning the availability of school capacity within 60 days after receipt of the application. The Chairperson of the Commission shall respond within 90 days after receipt of an application. The report shall specify the following:

(a)        whether or not school space is available;

(b)        if school space is not available, the report shall include:

(1)        the number of seats required;

(2)        the grade organization;

(3)        the location of the school;

(4)        the size of school (sq. ft. per pupil); and

(5)        the proposed financing mechanism.

For the purposes of this Section, sufficient school capacity shall be deemed to exist if:

(1)        such capacity is available in existing schools; or

(2)        construction funds have been authorized in the Capital Budget to accommodate anticipated primary and intermediate public school children from the development upon its completion or within three years from the date of the Chairperson's certification; or

(3)        sufficient school space is to be provided by the applicant under a plan jointly approved by the Chairperson of the Commission and Board of Education.

After approval of the Chairperson of the Commission and Board of Education of the applicant's plan to provide the school building, the certification may be granted either upon approval of a financial agreement by the Board of Estimate or such guarantee of construction with provision for future school occupancy as may be accepted by the Board of Education and the Chairperson of the Commission.

However, the Chairperson of the Commission may grant such certification if capacity is not currently available and the Board of Education after consulting with the Community School Board determines that the impact from the development will have a minimal effect on the concerned schools and includes such statement in their report.

A certification by the Chairperson of the Commission that sufficient capacity will be available in the public schools, as set forth in the above circumstances, shall automatically lapse if substantial construction of the foundations of the development in accordance with approved plans has not been completed within one year from the date of such certification.

No certification concerning the availability of school capacity shall be required for any development within a predominantly built up area or within an area for which drainage schemes were approved prior to January 1, 1975. For the purposes of this Chapter, a "predominantly built up area" is a block having a maximum of four acres which is developed with buildings on zoning lots comprising 75 percent or more of the area of the block. All such buildings shall have a certificate of occupancy or other evidence acceptable to the Commissioner of Buildings issued not less than three years prior to the date of application for a building permit.

All land in the open space network as shown on the District Plan (Map 3 in Appendix A), except public parks, is subject to the provisions of this Section.

The City Planning Commission may adjust the boundaries of a designated open space on a zoning lot provided that such adjustment will not place the new boundary closer than 60 feet to a watercourse. As a condition for such adjustment in the boundaries, the Commission shall find that:

(a)        such adjustment shall:

(1)        result in a substantial improvement in the quality and usefulness of the designated open space; and

(2)        permit development which better satisfies the purpose of this Chapter and include new features in the designated open space which will be at least equal in quality to those which are displaced from it; and

(3)        provide an equivalent area replacement for the area removed from the designated open space; or

(b)        such adjustment shall:

(1)        be permitted to exclude:

(i)        a zoning lot which is contiguous to exempted zoning lots along at least two lot lines; or

(ii)        a zoning lot which would otherwise be contiguous to exempted zoning lots along at least two lot lines but for the separation by a street; or

(iii)        streets abutting exempted zoning lots; and

(2)        not substantially alter the utility and quality of the designated open space; or

(c)        such adjustment shall:

(1)        be in conjunction with a public improvement project approved by the City prior to September 11, 1975, for funding to exclude in whole or in part the bed of a mapped street and/or adjacent zoning lots or portions thereof; and

(2)        not substantially alter the utility and quality of the open space network; or

(d)        such adjustment shall:

(1)        exclude, in whole or in part, private property contiguous with a public park which has been mapped since September 11, 1975; and

(2)        not preclude the continuity to the designated open space or the public pedestrian way or the waterfront esplanade; and

(3)        not substantially alter the utility and quality of the designated open space.

Any development or site alteration on a zoning lot which contains designated open space as shown on the District Plan (Map 3 in Appendix A), shall require certification by the City Planning Commission that:

(a)        such designated open space shall be preserved in its natural state by the owner of the zoning lot; and

(b)        where required by the Commission, the applicant has complied with the provisions of Section 107-222 (Public pedestrian ways); and

(c)        where required by the Commission, as indicated on the District Plan, that the applicant has complied with Section 107-23 (Waterfront Esplanade).

Within any designated open space, removal of trees, alteration of topography, development of active recreational facilities or utility easements may be undertaken only in accordance with the provisions of this Section and Section 107-30 (TOPOGRAPHIC AND TREE REGULATIONS).

Planting, landscaping or provision of footpaths or sitting areas are permitted in any part of designated open space, provided that such improvements do not involve removal of trees or alteration of existing topography, and do not obstruct pedestrian movement within the public pedestrian ways.

Designated open space may be used for active recreational facilities provided that the City Planning Commission certifies that such uses are compatible with the purposes of the network open space and have minimal impact on tree removal, topographic alterations or drainage conditions.

Active recreational facilities may include swimming pools, tennis courts or facilities and equipment normally found in playgrounds, and shall comply with the use regulations of the underlying district.

In the development of active recreational facilities, no individual trees of six-inch caliper or more shall be removed except by special authorization of the Commission in accordance with the provisions of Sections 107-64 (Removal of Trees) or 107-65 (Modification of Existing Topography). Active recreational facilities shall not be allowed within 60 feet of any watercourse in designated open space unless the Commission certifies that a location closer to such watercourse will not adversely affect the natural character of the watercourse or its drainage function. The Commission, where appropriate, shall be guided by the reports from other City agencies involved in land contour work, storm water drainage systems or similar operations.

If the City of New York acquires an easement for public access to any designated open space on which a building has been, is being or could be in the future, constructed in accordance with the provisions of this Chapter, the City's acquisition of an easement shall not affect the qualifications of the designated open space for satisfying lot area requirements, yard requirements, floor area or lot coverage restrictions or open space requirements as provided in Section 107-224 (Qualification of designated open space as lot area for bulk computations) and shall not be deemed to create a non-compliance.

For any site alteration or development on a zoning lot which contains designated open space, the City Planning Commission shall certify whether or not the applicant shall be required to provide a public pedestrian way through a portion of the designated open space.

When a public pedestrian way is required, it shall be built and maintained by the owner of the zoning lot and shall be accessible to the public at all times. The public pedestrian way shall be improved at the time the site alteration or development takes place, except that for site alterations or developments on a tract of land less than 1.5 acres, the Commission may allow the applicant to delay the construction of the public pedestrian way if the applicant complies with Section 107-24 (Performance Bond).

The location and dimension of such pedestrian way shall be determined by the Commission. The owner of the zoning lot may request the City to take an easement on the property. If the City of New York acquires an easement for public access to any designated open space on which a building has been, is being or could be in the future, constructed in accordance with the provisions of this Chapter, the City's acquisition of an easement shall not affect the qualifications of the designated open space requirements as provided in Section 107-224 (Qualification of designated open space as lot area for bulk computations) and shall not be deemed to create a non-compliance.

The following shall not be considered as obstructions when located in designated open space:

(a)        Awnings and other sun control devices, pursuant to Section 23-44 (Permitted Obstructions);

(b)        Balconies, unenclosed, subject to the provisions of Section 23-13;

(c)        Eaves, gutters or downspouts projecting into such designated open space not more than 16 inches;

(d)        Fences or walls, conditioned upon certification by the City Planning Commission that:

(1)        such fences or walls will not obstruct or preclude public access or circulation of pedestrians, cyclists or horseback riders through the public easement within designated open space; and

(2)        the location, size, design and materials of such fences or walls are appropriate to the character of the designated open space;

(e)        Exterior wall thickness, pursuant to Section 23-44;

(f)        Solar energy systems on walls existing on April 30, 2012, projecting no more than 10 inches and occupying no more than 20 percent of the surface area of the building wall (as viewed in elevation) from which it projects.

No accessory off-street parking facilities shall be permitted in designated open space. No building or other structure shall be erected in designated open space except as permitted by the provisions of Section 107-221 (Active recreational facilities). Any existing building or other structure located within the designated open space on September 11, 1975, and not complying with the provisions of this Section or the other Sections specified in the preceding paragraph, shall not be enlarged but may be continued as a non-conforming use or non-complying building subject to the applicable provisions of Article V (Non-conforming Uses and Non-complying Buildings) in accordance with the underlying district regulations.

Designated open space on a zoning lot may count as lot area for the purposes of the applicable regulations on yards, floor area ratio, open space ratio, open space, lot coverage, lot area or density, provided that the area of the designated open space claimed as lot area does not exceed the area of the zoning lot located outside the designated space. For a single-family residence, any portion of a zoning lot occupied by designated open space shall count as lot area for the purposes of satisfying minimum density requirements only pursuant to this Section.

Where the area of the designated open space claimed as lot area exceeds the above permitted amount, the provisions of Section 107-72 (Qualification of Designated Open Space as Lot Area) shall apply.

Any designated open space, or portion thereof, claimed as required open space or used to satisfy the lot coverage restrictions for a development containing residences shall be accessible to and usable by all residents of the zoning lot.

In the case of a large-scale residential development, any designated open space, or portion thereof, that qualifies as lot area may be used as common space.

This section shall apply to any tract of land containing designated open space that is developed as a unit in single ownership and where the area of the designated open space claimed as lot area for zoning computation does not exceed the area of that portion of the tract of land not located within designated open space. Such a tract of land may contain a single zoning lot or two or more zoning lots which are contiguous or would be contiguous except for their separation by a street.

In all Residence Districts, except R1-1 Districts, for all permitted residential uses on such tract of land, the total floor area or dwelling units generated by that portion of the designated open space claimed as lot area by the applicable district regulations may be distributed without regard for zoning lot lines, for all zoning lots wholly within such tract of land. The total open space required or lot coverage permitted for such tract of land may be located anywhere within the tract of land without regard for zoning lot lines.

No transfer of floor area or dwelling units shall be permitted from a zoning lot not containing any designated open space.

The site plan and bulk distribution for the entire tract of land shall be recorded in the land records and indexed against all zoning lots in such tract of land.

Furthermore, the minimum lot area and lot width regulations, yards and spacing between buildings regulations shall not apply along portions of streets or lot lines wholly within such tract of land, provided that:

(a)        the maximum lot coverage on any zoning lot shall not exceed 50 percent of the lot area;

(b)        the minimum distance between buildings on the same or adjacent zoning lots across a common side lot line is not less than 10 feet; and

(c)        the minimum distance between buildings on adjacent zoning lots across a common rear lot line shall not be less than 40 feet.

When a zoning lot owned separately or individually from all adjoining zoning lots prior to January 2, 1975, is located entirely or substantially within designated open space and no reasonable development is possible on the zoning lot, the owner may request the City to provide, in exchange, a City-owned zoning lot.

The zoning lots may be exchanged only after an appraisal made by a body consisting of the following:

(a)        one independent fee appraiser appointed by the City;

(b)        one independent fee appraiser appointed by the private property owner, which appraiser may be the same as in paragraph (a) of this Section; and

(c)        if needed to resolve a disagreement between the two appraisers appointed in paragraphs (a) and (b), one independent fee appraiser chosen by mutual agreement between the two individually appointed appraisers.

Such requests for exchange shall be filed by the owner of the zoning lot with the City Planning Commission.

If such exchange of zoning lots is not feasible under this Section or Section 384-7.0 of the New York City Administrative Code, the City may either acquire such zoning lot or permit development to proceed thereon with the minimal modification of the designated open space necessary to permit development containing residences.

When a zoning lot containing a portion of the waterfront esplanade, as shown on the District Plan (Map 3 in Appendix A) is developed, the location and design of the waterfront esplanade shall be certified by the City Planning Commission and such waterfront esplanade shall conform to the guidelines and standards established by the Department of City Planning in consultation with the Department of Transportation and the Department of Parks and Recreation.

The waterfront esplanade shall be built and maintained by the owner of a zoning lot on which the esplanade is shown on the District Plan, except where such zoning lot has been developed prior to September 11, 1975. Where such waterfront esplanade is not accessible to the public, the Commission may require the owner of the zoning lot to provide public access to such a waterfront esplanade from a public right-of-way through the zoning lot.

The waterfront esplanade shall be either built at the same time that the zoning lot is developed or the Commission may allow the owner to comply with Section 107-24 (Performance Bond).

The owner of a zoning lot may request the City to take an easement on the property. If the City of New York acquires an easement for public access to any designated open space on which a building has been, is being or could be in the future constructed in accordance with the provisions of this Chapter, the City's acquisition of an easement shall not affect the qualifications of the designated open space for satisfying lot area requirements, yard requirements, floor area or lot coverage restrictions or open space requirements as provided in Section 107-224 (Qualification of designated open space as lot area for bulk computations) and shall not be deemed to create a non-compliance.

When the provision of the required improvement is to be delayed for a period not to exceed five years from the date of the City Planning Commission certification, the owner of the zoning lot shall, prior to obtaining any certificate of occupancy, provide to the Comptroller of the City of New York a performance bond or City securities to ensure the future provision of either the waterfront esplanade or the public pedestrian way.

When the required improvement has been constructed, the Comptroller of the City of New York may release the bond or City securities posted to ensure such construction, provided an amount of the bond or City securities to ensure maintenance of the improvement, as set forth in the paragraph above, remains with the Comptroller.

The value of the bond or City securities tendered to ensure the future provision of the improvement shall be at the rate of $400 per 100 square feet of waterfront esplanade and at $200 per 100 square feet of public pedestrian way, if such bond or securities are tendered prior to January 1, 1980.

At five year intervals after January 1, 1980, the Commission, with the approval of the Board of Estimate, shall establish the new rates for the future provision (and maintenance) of the improvement.

Along the following streets designated as either arterials or park streets and identified as such on the District Plan, or along a designated railroad, special regulations relating to restriction of access, setback of buildings, and landscaping apply as set forth in this Section and shown on the District Plan (Map 2 in Appendix A).

Arterials

Hylan Boulevard

Woodrow Road

Amboy Road

Frontage roads for Richmond Parkway

Huguenot Avenue

Page Avenue

Arthur Kill Road

Service roads for West Shore Expressway

Richmond Avenue

 

Park Streets

Marcy Avenue from Richmond Parkway to Woodrow Road

Albee Avenue from Richmond Parkway to Amboy Road

Grantwood Avenue from Richmond Parkway to Woodrow Road

Miles Avenue from Arthur Kill Road to Barlow Avenue

Barlow Avenue from Miles Avenue to Colon Avenue

 

Railroads

The Staten Island Rapid Transit right-of-way.

Along those streets designated as arterials, the following regulations shall apply:

(a)        Access restrictions

Curb cuts are not permitted along an arterial street on zoning lots with access to a non-arterial street. For zoning lots with access only to an arterial street, one curb cut is permitted along such arterial street. For purposes of this Section, adjoining zoning lots in the same ownership shall be treated as one zoning lot. Such access restrictions with regard to curb cuts shall not apply to schools, hospitals and related facilities, police stations or fire stations.

For zoning lots with access only to a arterial street, the City Planning Commission may, by certification, approve additional curb cuts for access to such arterial street when necessary to avoid adverse effects on the traffic flow of the arterial.

For zoning lots with access to both arterial and non-arterial streets, the Commission may authorize one or more curb cuts on the arterial street, pursuant to the provisions of Section 107-68 (Modification of Group Parking Facility and Access Regulations).

(b)        Building setback

Along portions of the arterials, as indicated on the District Plan, a 20 foot building setback shall be provided for the full length of the front lot line abutting such arterial. The front building setback area shall be unobstructed from its lowest level to the sky except as permitted by this Section. Where a front building setback area at least 35 feet in depth is provided, such setback area may be used for required accessory off-street parking or loading facilities. No portion of such required setback area may be used for open storage.

In the case of the service roads of the West Shore Expressway, a 30 foot building setback shall be provided and required off-street parking and loading facilities are permitted within such setback. Within the required front building setback, there shall be provided one tree of three-inch caliper or more, pre-existing or newly planted, for each 400 square feet of such front open area. The trees shall be selected in accordance with the table set forth in Appendix B.

For those streets designated as park streets, the following regulations shall apply:

(a)        Access restrictions

No curb cuts are permitted on such streets except that one curb cut is permitted for any residential, community facility or commercial use whose zoning lot has frontage only on a park street. For purposes of this Section, adjoining zoning lots in the same ownership shall be treated as one zoning lot.

For zoning lots with access to both park streets and non-park streets, the City Planning Commission may authorize one or more curb cuts on the park street, pursuant to the provisions of Section 107-68 (Modification of Group Parking Facility and Access Regulations).

(b)        Landscaping

One tree of at least three inch caliper, pre-existing or newly planted, shall be provided for each 400 square feet of area of the street sidewalk area. Trees shall be selected in accordance with the table set forth in Appendix B and shall be planted in the street sidewalk area.

(c)        Development and maintenance responsibility

The owner of each development abutting a park street shall have responsibility for landscaping and maintenance of that portion of the park street located between the front lot line and the curb.

Alternatively, maintenance responsibility may be vested in a properly constituted Home Association or other organization established for this purpose. Those segments of a park street which are abutted by land developed prior to the effective date of the Special District designation shall be developed, landscaped and maintained by the City of New York.

For all developments on zoning lots immediately adjacent or directly opposite to the Staten Island Rapid Transit right-of-way, a building setback of at least 20 feet in depth, unobstructed from its lowest level to the sky, except as permitted herein, shall be provided along the lot line adjacent to or directly opposite the right-of-way of such railroad. Such building setback shall be measured perpendicular to such lot line, as indicated on the District Map. Within such building setback area, there shall be provided one tree of three-inch caliper or more, pre-existing or newly planted, for each 400 square feet of such open area. The trees shall be selected in accordance with the table set forth in Appendix B.

Except for any existing topographic feature which is unsafe and the removal of which is required by the Department of Buildings to eliminate hazardous conditions, no topographic modifications may take place except as provided in this Section or as authorized by Section 107-65.

Within designated open space on a zoning lot, any site alteration shall be permitted only by authorization of the City Planning Commission pursuant to Section 107-65 (Modifications of Existing Topography).

On any portion of a zoning lot not within designated open space, alteration of topography shall be permitted only in accordance with the provisions of this Section.

The ground elevation of land existing on September 11, 1975, may be modified by up to two feet of cut or fill, provided that such modification shall not result in the destruction of trees of six-inch caliper or more, unless authorized pursuant to other provisions of this Chapter. Modification of topography to a greater extent is permitted:

(a)        in an area designated for building foundations, driveways or utilities for a proposed building or other structure whose location is approved by the Department of Buildings in accordance with the provisions of this Chapter; and

(b)        in order to meet the legal mapped grades of a street, the existing topography of that portion of the zoning lot abutting such street may be modified to create a slope on the zoning lot of not less than one foot vertical to each two feet horizontal provided the slope is landscaped to prevent erosion.

Topographic modifications not permitted by the provisions of this Section may be permitted only by authorization of the City Planning Commission, pursuant to the provisions of Section 107-65.

The following regulations in Sections 107-321 through 107-323, inclusive, shall not apply to existing trees which are unsafe and the removal of which is required by the Department of Buildings.

No trees of six-inch caliper or more shall be removed, or land operations affecting their survival undertaken, in connection with any site alteration or development, except in compliance with the provisions of this Section.

Prior to any such removal or land operations, plans shall be filed with the Department of Buildings showing the locations of all trees of six-inch caliper or more on the zoning lot and in the public sidewalk area of the street or streets adjacent thereto, and identifying those which are proposed to be removed. Removal of live trees of six-inch caliper or more will be permitted only under the following circumstances:

(a)        where such trees are located in areas to be occupied by buildings, driveways, areas for required accessory parking, or within a distance of eight feet of the exterior walls of such building, provided that it is not possible to avoid such removal by adjustments in the arrangement of such buildings, driveways or required parking areas;

(b)        where the continued presence of such trees would create special hazards or dangers to persons or property, which it would not be possible or practical to eliminate by pruning;

(c)        where continued presence of the trees would interfere with another tree of six-inch caliper or more designated for preservation and belonging to a species listed in Appendix B (Tree Selection Tables); or

(d)        where authorizations granted by the City Planning Commission under the provisions of this Chapter require or clearly contemplate the removal of such trees.

If an existing tree of six-inch caliper or more identified for preservation is removed without prior approval by the Department of Buildings or the City Planning Commission, any permit issued by the Department of Buildings for a site alteration, development or any use on the zoning lot shall be revoked.

In order to remove such violations, the owner of the zoning lot shall request the Commission to specify the tree restoration requirements and to certify such requirements to the Department of Buildings.

No building permit, reinstatement of such permit or issuance of a certificate of occupancy shall occur until the owner of the zoning lot either posts with the Comptroller of the City of New York a landscaping performance bond in an amount determined by the Commission or completes the replanting in accordance with the requirements set forth by the Commission in order to correct the planting violations.

Replacement trees to be planted shall be of a caliper no less than three inches and be of a species listed in Appendix B and the sum of whose calipers shall be at least equivalent to that of the trees removed.

In addition, the Commission may require a restrictive declaration specifying the terms of implementing the restoration plan.

Where on-site planting of such replacement trees would result in over crowding or would adversely affect the ecology of the site, the Commission may authorize planting of one or more replacement trees on adjoining public sidewalks or in a nearby public area or substituting other planting material pursuant to Section 107-323.

New trees shall be provided in accordance with the table set forth in Appendix B. For any existing tree of at least six-inch caliper which is preserved, credit for one tree shall be given for the first six inches of caliper and, for each additional four inches of caliper, credit for an additional tree shall be given.

(a)        On site

In connection with any development, site alteration or enlargement involving the addition of at least 1,000 square feet of floor area, trees of at least three-inch caliper, pre-existing or newly planted, shall be provided on the zoning lot at the rate of one tree for each 1,000 square feet of lot area or portion thereof.

(b)        Planting for open parking areas

Any development with open off-street parking areas with 10 spaces or more shall be subject to the tree planting and screening requirements of Section 107-483.

For any development, site alteration or enlargement which is required to provide trees in accordance with the provisions of paragraph (a) of Section 107-322, the City Planning Commission may allow the substitution of other plant material for such required trees, provided a detailed landscaping plan is filed with the Commission for approval and certification. A copy of such approved landscaping plan shall be filed with the Department of Buildings by the Commission.

For any development or enlargement, the Chairperson of the City Planning Commission may modify the applicable regulations governing the location of required parking spaces, driveways and curb cuts where the Chairperson certifies to the Commissioner of Buildings that such modifications are necessary so as to avoid the destruction of existing topography and trees of six-inch caliper or more.

Semi-detached or attached single-family residences in R2 Districts and attached single- or two-family residences in R3-1 Districts may be permitted by special permit of the City Planning Commission in accordance with the provisions of Section 107-74 (Modification of Permitted Use Regulations). Such residences shall comply with the minimum lot area and lot width requirements as set forth in the table in Section 107-42.

Zero lot line buildings are not permitted in the Special South Richmond Development District.

In Area SH, as shown on the District Plan (Map 4 in Appendix A), any development or enlargement comprised of affordable independent residences for seniors shall be permitted upon certification of the Chairperson of the City Planning Commission that:

(a)        such development or enlargement will contain not more than 250 dwelling units of affordable independent residences for seniors, individually or in combination with other developments or enlargements within Area SH that have received prior certification pursuant to this Section;

(b)        a site plan has been submitted showing a detailed plan demonstrating compliance with the provisions of this Chapter; and

(c)        such residences comply with the use and bulk regulations of R3-2 Districts, except that the maximum floor area ratio, maximum lot coverage and minimum required open space shall be as set forth for R3-2 Districts in Section 23-142 (Open space and floor area regulations in R1 and R2 Districts with a letter suffix and R3 through R5 Districts), as modified by this Chapter. The provisions of Section 23-144 (Affordable independent residences for seniors) shall not apply.

Any development or enlargement that results in a total of more than 250 dwelling units of affordable independent residences for seniors in Area SH shall be permitted only upon authorization of the City Planning Commission, pursuant to Section 107-672 (In Area SH).

The bulk regulations of this Chapter applicable to residential buildings shall apply to all zoning lots in lower density growth management areas containing buildings used for:

(a)        ambulatory diagnostic or treatment health care facilities, as listed in Section 22-14 (Use Group 4), except where such zoning lot contains buildings used for hospitals, as defined in the New York State Hospital Code, or long-term care facilities; or

(b)        child care services as listed under the definition of school in Section 12-10 (DEFINITIONS), except where such zoning lot contains buildings used for houses of worship or, for zoning lots that do not contain buildings used for houses of worship, where the amount of floor area used for child care services is equal to 25 percent or less of the amount of floor area permitted for community facility use on the zoning lot.

For all zoning lots containing residences, the minimum lot area and lot width requirements set forth in the table in this Section shall apply, which shall vary by building height. Where two or more buildings that are single- or two-family detached or semi-detached residences are located on a zoning lot, the applicable minimum lot area requirement shall be multiplied by the number of such buildings on the zoning lot.

The lot width requirements set forth in this Section shall be applied as set forth in the definition of lot width in Section 12-10 (DEFINITIONS), provided that the applicable lot width, in feet, set forth in the table shall be met along at least one street line of the zoning lot or, for corner lots, along each intersecting street line. No residence, or portion thereof, shall be permitted between opposing side lot lines where such lot lines would be nearer to one another at any point where such residence is located than the applicable minimum lot width, in feet, set forth in the table.

However, one single-family detached residence or, where permitted, one single or two-family residence, may be built upon a zoning lot consisting entirely of a tract of land, that:

(a)        has less than the minimum lot area or lot width required pursuant to this Section; and

(b)        was owned separately and individually from all other adjoining tracts of land, both on December 8, 2005, and on the date of application for a building permit.

In all cases, the density regulations of the applicable district shall remain in effect, except that the factor for determining the maximum number of dwelling units shall be 1,000 in R3A and R4A Districts, 1,140 in R3X Districts, and 685 for semi-detached residences in R3-1 and R3-2 Districts.

District

Type of Residence

Height

(in stories)

Minimum Lot Area (in sq. ft.)

Minimum Lot Width (in feet)

R1-1

detached

1-4

9,500

100

R1-2

detached

1-2

3

4

5,700

5,700

5,700

40

50

60

R2

detached

1-4

3,800

40

R3-1

detached

1-2

3-4

3,800

3,800

40

45

R3-1 R3-2

semi-detached

1-2

3-4

2,3753

3,800

243

40

R3-2

detached

attached

1-2

3-4

1-2

1-2

3-4

3-4

3,800

4,275

1,700

2,3751

2,280

3,8001

40

45

18  

241

24

401

R3A

detached

1-3

3,325

35

R3X2

detached

1-2

3

4

3,800

4,750

5,700

40

50

60

R4A

detached

1-3

3,325

35

R4-1

semi-detached

detached

1-3

1-3

2,3753

3,325

243

35

1        For attached buildings that abut an attached building on a separate zoning lot on one side and on the other side are bounded by yards or open area.

2        In Area LL as shown on the District Plan (Map 4 in Appendix A) of this Chapter, all residences shall have a minimum lot area of 5,700 square feet and a minimum lot width of 50 feet. However, the minimum lot area and minimum lot width set forth in this table shall apply to any development on a zoning lot having an area of at least 1.5 acres for which applications for certifications pursuant to Sections 107-08 (Future Subdivision) and 107-121 (Public schools) have been filed prior to March 1, 2003.

3        For two-family semi-detached residences with a height of one or two stories in R3-1 and R3-2 Districts and for all two-family semi-detached residences in R4-1 Districts, the minimum lot area shall be 3,135 square feet and the minimum lot width shall be 33 feet.

BY SPECIAL PERMIT (PURSUANT TO SECTION 107-74)

District

Type of Residence

Height (in stories)

Minimum Lot Area (in sq. ft.)

Minimum Lot Width (in feet)

R2

semi-detached

1-4

3,800

30

attached

1-4

3,800

22

R3-1

attached

1-2

1,700

20

2-3

2,280

24

In R1, R2, R3-1, R3A, R3X, R4-1 and R4A Districts, the provisions of this Section shall apply to zoning lots containing buildings used for:

(a)        ambulatory diagnostic or treatment health care facilities, as listed in Section 22-14 (Use Group 4), except where such zoning lot contains buildings used for hospitals, as defined in the New York State Hospital Code, or long-term care facilities; and

(b)        child care service as listed under the definition of school in Section 12-10 (DEFINITIONS), except where:

(1)        such zoning lot contains buildings used for houses of worship; or

(2)        for zoning lots that do not contain buildings used for houses of worship, where the amount of floor area used for child care services is equal to 25 percent or less of the amount of floor area permitted for community facility use on the zoning lot.

The minimum lot area for such zoning lots containing ambulatory diagnostic or treatment health care facilities shall be 5,700 square feet, and the minimum lot area for such zoning lots containing child care services shall be 10,000 square feet. Where such uses are located on the same zoning lot, the applicable lot area requirement shall be allocated separately to each such use. In addition, each such zoning lot shall have a minimum lot width of 60 feet. Such lot width shall be applied as set forth in the definition of lot width in Section 12-10, provided that such lot width shall also be met along at least one street line of the zoning lot. No building, or portion thereof, shall be permitted between opposing side lot lines where such lot lines would be nearer to one another at any point than 60 feet.

For such zoning lots containing multiple buildings used in any combination for ambulatory diagnostic or treatment health care facilities, child care services or residences, the applicable minimum lot area and lot width requirements shall be allocated separately to each such building.

Subject to the requirements for maximum height of walls and required setbacks in Sections 23-63, 24-52 or 33-43, no building shall exceed a height of four stories and no structures other than buildings shall exceed a height of 50 feet, unless modified by a special permit of the City Planning Commission, pursuant to Section 107-73 (Exceptions to Height Regulations).

Any required open space on a zoning lot which includes designated open space is subject to the special regulations set forth in Section 107-22 (Designated Open Space).

For buildings containing residences on zoning lots that include designated open space, driveways, private streets, open accessory parking spaces or open accessory off-street loading berths may occupy not more than the area set forth for the following districts:

(a)        in R1, R2, R3-1, R3-2 and R4 Districts, not more than 50 percent of the required open space not within the designated open space; or

(b)        in R3A, R3X, R4A and R4-1 Districts, not more than 50 percent of the lot area not occupied by buildings containing residences and not within the designated open space.

However, in all districts, a greater percentage may be so occupied if authorized by the City Planning Commission in accordance with the provisions of Section 107-661 (Modification of permitted obstructions).

107-461

Front yards

In all Residence Districts, the front yard requirements of the underlying districts shall apply, except that in R2 Districts without a letter suffix, R3-1, R3-2, R4 Districts without a letter suffix and R5 Districts without a letter suffix, front yards shall be at least 18 feet in depth. On corner lots, one front yard may have a lesser depth as permitted by the underlying district regulations.

107-462

Side yards

In all districts, except R1 Districts, for all single- or two-family detached and semi-detached residences, the side yards shall relate to the height of the building as set forth in the following table, except that in R1, R2, R3, R4A and R4-1 Districts, on a corner lot, one side yard shall be at least 20 feet in width:

REQUIRED SIDE YARDS

District

Type of ——Residence

Height (in stories)

Number

of Side Yards Required

Required Total Width

Required Minimum Width of any Side Yard

R2 R3-1

R3-2

detached detached

semi-detached semi-detached

1-2

3-4

1-2

3-4

2

2

1

1

15

20

9

15

5

5

9

15

R3A R4A

detached

1-4

2

15

5

R3X*

detached detached detached

1-2

3

4

2

2

2

15

20

25

5

8

10

R4-1

detached

semi-detached

1-4

1-4

2

1

15

9

5

9

*        In Area LL, as shown on the District Plan (Map 4 in Appendix A) of this Chapter, two side yards with a total width of at least 16 feet shall be required for all residences, and each side yard shall have a minimum width of eight feet. However, the minimum side yard widths set forth in this table shall apply to any development on a zoning lot having an area of at least 1.5 acres for which applications for certifications pursuant to Sections 107-08 (Future Subdivision) and 107-121 (Public schools) have been filed prior to March 1, 2003

In R1 Districts, the side yard regulations of Section 23-46 shall apply.

For all residential buildings other than single- or two-family detached or semi-detached residences, the provisions of Section 23-462 (Side yards for all other residential buildings) shall apply, except that no side yard shall have a width less than 10 feet.

Furthermore, for attached residences that abut an attached building on a separate zoning lot on one side and are bounded by open area on the other side, one side yard with a minimum width of nine feet shall be required for such one or two story residences, and one side yard with a minimum width of 15 feet shall be required for such three or four story residences.

For community facility buildings or other buildings used for permitted non-residential uses in Residence Districts, the provisions of Section 24-35 (Minimum Required Side Yards) shall apply to such community facility buildings or the provisions of Section 23-464 (Side yards for buildings used for permitted non-residential uses) shall apply to such other non-residential buildings, except that no side yard shall have a width less than 10 feet and, in the case of buildings more than three stories in height, the required total width of both side yards shall not be less than 25 feet.

Where greater widths of side yards are required by the provisions of Sections 23-464 or 24-35 than by the provisions of this Section, such requirement of greater width shall apply.

On application, the City Planning Commission may, by certification, modify the underlying rear yard regulations and thereby allow single- or two-family residences to be built on the side or rear lot line, provided the following conditions are satisfied:

(a)        When a building is located on the side lot line, the entire required side yard equivalent shall be provided along the other side lot line of the same zoning lot. On the adjacent zoning lot there shall be a side yard of at least 10 feet, abutting the building wall which is located on the side lot line.

(b)        When a single- or two-family residence is located on the rear lot line, the zoning lots abutting the entire rear lot line shall provide a rear yard of at least 40 feet.  If the building on either zoning lot has a height greater than two stories, then such building shall have a 10-foot rear setback above the height of the second story.

(c)        When single- or two-family residences share a party wall along the rear lot line, if at any level either building is set back from the rear lot line, each building shall have a setback at the same height and such rear setback shall be at least 20 feet in depth.

The Commission shall also find that:

(1)        such modifications of side or rear yards or equivalents blend harmoniously with the entire development;

(2)        there is no adverse effect with regard to adequate light and air to the residences;

(3)        such modification results in the maximum preservation of trees;

(4)        there is an agreement which provides access for maintenance of the building wall located on the lot line; and

(5)        a condition to the grant of any certification shall be that the requirements of Section 107-92 (Recordation) have been satisfied.

For any building containing residences not more than one story in height, the area of an inner court shall not be less than 225 square feet and the minimum dimension of such inner court shall not be less than 15 feet.

For any building containing residences more than one story in height, the area of an inner court shall not be less than 400 square feet and the minimum dimension of such inner court shall not be less than 20 feet.

No court regulations shall apply to single- and two-family detached residences.

For any commercial or manufacturing development on a zoning lot adjoining a Residence District boundary, there shall be in the open area required by the provisions of Sections 33-29 and 43-30 (SPECIAL PROVISIONS APPLYING ALONG DISTRICT BOUNDARIES) along the lot line adjoining the Residence District, a strip at least four feet wide, densely planted with evergreen shrubs at least four feet high at the time of planting and complying with the provisions applicable to screening for parking areas as set forth in Section 107-483 (Planting and screening for open parking areas).

Where an existing residential use is located adjacent to a proposed manufacturing or commercial development, the developer shall plant along that part of the side or rear lot line adjacent to a residential use, a row of evergreen shrubs at least four feet high at the time of planting and which are of a type which may be expected to form a year-round dense screen at least six feet high within three years, or trees selected from Appendix B and spaced at 10 feet on center. Such screening shall be maintained in good condition at all times.

(a)        Tree planting requirements

One tree, of three inch caliper or more, pre-existing or newly planted, shall be provided for each four parking spaces. Such trees may be located in the perimeter landscaped area of the parking area or in planting islands within the parking area.

However, where 30 or more parking spaces are provided, at least 50 percent of the required trees shall be located within planting islands within the parking area. Such planting islands shall have a minimum area of 150 square feet of pervious surface and comply with the requirements of paragraphs (a), (b) and (c) of Section 37-922 (Interior landscaping).

For open parking areas with at least 36 parking spaces, the total number of trees required pursuant to Section 37-922 (Interior landscaping) shall be superseded by the number of trees required pursuant to this Section.

(b)        Screening requirements

The parking area shall be screened from all adjoining zoning lots by a landscaped area at least four feet in width, densely planted with shrubs maintained at a maximum height of three feet. Such parking area shall also be screened from all adjoining streets by a perimeter landscaped area at least seven feet in width. Such perimeter landscaped area may be interrupted only by vehicular entrances and exits. Sidewalks that provide a direct connection between the public sidewalk and a pedestrian circulation route within the parking area may also interrupt a perimeter landscaped area.

In addition, such screening shall be maintained in good condition at all times and may be interrupted by normal entrances and exits.

(c)        Planting Waiver

Tree planting and screening requirements may be waived if the Commissioner of Buildings certifies that planting is unfeasible due to:

(1)        unique geological conditions, such as excessive subsurface rock conditions or high water table;

(2)        underground municipal infrastructure; or

(3)        a City, State or Federal mandated brownfield remediation that requires the site to be capped.

Such waiver shall be based on a report prepared by a licensed engineer that such conditions exist.

For developments in Residential Districts, trees provided in accordance with the provisions of this Section may be counted for the purposes of meeting the requirements of Section 107-322, paragraph (a). Furthermore, for developments in Commercial or Manufacturing Districts which provide trees in accordance with the provisions of this Section, the requirements of Section 107-322, paragraph (a), shall not apply.

In Area M, as shown on the District Plan (Map 4 in Appendix A) the regulations of the underlying districts and the Special District are supplemented or modified in accordance with the provisions of this Section. Except as modified by the express provisions of this Section, the regulations of the underlying districts and the Special District remain in effect.

(a)        Residential uses existing prior to August 17, 1995 shall be considered conforming and when an existing building containing such uses is damaged or destroyed by any means, it may be reconstructed to its bulk prior to such damage or destruction or to R3X District bulk requirements, whichever is greater.

(b)        Residential extensions shall be subject to all of the R3X District regulations and the applicable Special District regulations except that an existing detached building may contain non-residential uses in addition to not more than two dwelling units.

(c)        Non-residential uses shall be located below the lowest story occupied in whole or in part by residential uses.

(d)        Floor area in a building originally designed as one or more dwelling units that has been continuously vacant for two or more years prior to the date of filing an alteration application, may be re-occupied for residential use.

(e)        Residential enlargements not to exceed 500 square feet shall be permitted subject to all of the R3X District regulations and the applicable Special District regulations, provided that there is no increase in the number of dwelling units and that there is no disturbance of the soil.

(f)        Residential developments, and residential enlargements where there is a disturbance of the soil, shall be subject to the provisions of Section 107-69 (Residential Uses in Area M).

The maximum floor area ratio for two or more uses on a zoning lot shall be determined by the use that is permitted the greatest floor area ratio in Area M (Map 4 in Appendix A), provided that the floor area occupied by each use does not exceed the amount permitted by the floor area ratio for that use in Area M.

Administrative certifications from the City Planning Commission are required, as set forth in various sections of this Chapter, in any one of the following circumstances:

(a)        when a tract of land is subdivided, as set forth in Section 107-08 (Future Subdivision);

(b)        when a development contains residential uses, as set forth in Section 107-121 (Public schools);

(c)        when a zoning lot contains designated open space, as set forth in Section 107-22 (Designated Open Space);

(d)        where required yards or equivalents are to be modified as set forth in Section 107-465 (Modifications of special yard regulations for certain zoning lots);

(e)        where a zoning lot along an arterial requests more than one curb cut, as set forth in Section 107-251 (Special provisions for arterials);

(f)        where plant material is substituted for required trees as set forth in Section 107-323 (Substitution of other plant materials);

(g)        when development takes place within areas D, F, or K, as set forth in Section 107-02 (General Provisions); or

(h)        when a zoning lot contains a portion of the proposed waterfront esplanade, as set forth in Section 107-23 (Waterfront Esplanade).

On application, the City Planning Commission may grant authorizations for modifications of specified regulations of this Chapter or of the underlying districts in accordance with the provisions of Sections 107-62 to 107-69, inclusive, relating to authorizations.

The Commission may prescribe appropriate conditions and safeguards in connection with the grant of such authorizations.

For any zoning lots, the City Planning Commission may authorize variations in the yard or court regulations as set forth in Section 107-46 or in the location of parking, driveway or curb cut regulations as set forth in Sections 23-44 (Permitted Obstructions in Required Yards or Rear Yard Equivalents), 25-621 (Location of parking spaces in certain districts), 25-622 (Location of parking spaces in lower density growth management areas)and 25-631 (Location and width of curb cuts in certain districts) for the purpose of allowing proper arrangements of buildings, driveways or required parking areas so as to avoid the destruction of existing topography and individual trees of six-inch caliper or more. Rear yard, side yard or side yard equivalent variations shall not be authorized on the periphery of a development unless acceptable agreements are jointly submitted for development of two or more adjacent zoning lots by the owners thereof, incorporating the proposed yard or side yard equivalent variations along their common lot lines.

As a condition for granting such authorizations, the Commission shall find that the proposed placement of buildings and arrangement of open spaces will not have adverse effects upon light, air and privacy on adjacent zoning lots.

For any development containing residences, the City Planning Commission may authorize the location of buildings, on a single zoning lot without regard for spacing between buildings regulations, provided that the resultant spacing will not be reduced beyond an amount considered appropriate by the Commission and in no case by more than 15 percent of that required by Section 23-71 (Minimum Distance Between Buildings on a Single Zoning Lot).

For any development, the City Planning Commission may authorize the removal of trees of six-inch caliper or more whose removal would otherwise be prohibited under the provisions of Section 107-32 (Tree Regulations), provided that the Commission makes one or more of the following findings:

(a)        that the tree's retention would cause serious disadvantage in the arrangement of open areas on the lot, impairing the usefulness of such areas;

(b)        that such tree is located in an area where more than two feet of cut or fill is required and measures for saving the tree would be extremely difficult and impractical; or

(c)        that provision of a segment of the waterfront esplanade is not feasible without such tree's removal.

For any development or site alteration, the City Planning Commission may authorize modifications of the natural topography existing on September 11, 1975, beyond the amount specified in Section 107-31 (Topographic Regulations), provided that the Commission finds that:

(a)        development on the zoning lot is not feasible without such modifications;

(b)        such modification of topography is necessary to accommodate public amenities, such as public pedestrian ways, the waterfront esplanade or active recreational facilities within a designated open space as required under the provisions of this Chapter;

(c)        such modification will not cause unnecessary disturbance of the drainage pattern in the area; and

(d)        such modified topography will have minimal impact on the existing natural topography of the surrounding area and will blend harmoniously with it.

Where a permit for land contour work or topographic modification is required from the Department of Transportation or the Department of Buildings, the City Planning Commission and other such agencies shall jointly determine the conditions under which such topographic modification may be permitted so as best to serve the purposes of the Special District, in accordance with the provisions of Section 107-91 (Inter-agency Coordination).

For developments containing residences on zoning lots partly within designated open space, the City Planning Commission, on application, may modify the requirements of Section 107-45 (Required Open Space for Residences) to permit more than 50 percent of the required open space, not within the designated open space, to be occupied by driveways, private streets, open accessory off-street parking spaces or open accessory off-street loading berths, if the Commission finds that such facilities are so arranged and landscaped as to afford an acceptable standard of amenity for the development and its surroundings.

On application, the City Planning Commission may grant an authorization modifying the building setback requirements of Section 107-251 (Special provisions for arterials), provided that the Commission finds that:

(a)        the area of that portion of the zoning lot which is designated as designated open space on the District Plan in Appendix A of this Chapter, is at least equal to the area of the required building setback front yard or yards, or portion thereof, which is waived;

(b)        along any front lot line abutting an arterial, a front setback shall be provided having a depth to be determined by the Commission and which shall be improved in accordance with a landscape plan approved by the Commission; and

(c)        building placement leaves adequate spaces for the provision of street trees.

In Areas F and K, as shown in the District Plan (Map 4 in Appendix A), the City Planning Commission may authorize one or more uses in the Use Groups specified in this Section not permitted by the underlying district regulations.

As a condition for such authorization, the Commission shall find that:

(a)        such uses are so located as not to impair the essential character of the surrounding area for its future development;

(b)        the minimum lot area of a zoning lot on which such uses are located is at least 20 acres;

(c)        vehicular access and egress for such proposed uses are located and arranged so as to draw a minimum of vehicular traffic to and through local streets in nearby residential areas; and

(d)        where vehicular access and egress are located on an arterial, such location affords the best means for controlling the flow of traffic generated by such proposed uses to and from such arterial.

In each case the Commission may prescribe additional conditions and safeguards, including requirements for adequate screening, planting or landscaping.

Areas (as designated on the District Map)

Permitted Use Groups

F

12

K

7A 7B 7D 7E

107-672

In Area SH

The City Planning Commission may authorize developments that will result in more than 250 dwelling units of affordable independent residences for seniors in Area SH, as shown on the District Plan (Map 4 in Appendix A), provided such developments comply with the use and bulk regulations of R3-2 Districts, except that the maximum floor area ratio, maximum lot coverage and minimum required open space shall be as set forth for R3-2 Districts in Section 23-142 (Open space and floor area regulations in R1 and R2 Districts with a letter suffix and R3 through R5 Districts), as modified by this Chapter. The provisions of Section 23-144 (Affordable independent residences for seniors) shall not apply.

In order to grant such authorization, the Commission shall find that:

(a)        such developments are part of a superior site plan;

(b)        such residences are compatible with the character of the surrounding area; and

(c)        the streets providing access to such residences are adequate to handle the traffic generated thereby or provision has been made to handle such traffic.  

For a permitted commercial, community facility or manufacturing use, the City Planning Commission may authorize more than 30 accessory off-street parking spaces, and for any use, may modify access restrictions with regard to curb cuts as set forth in paragraph (a) of Section 107-251 (Special provisions for arterials) or paragraph (a) of Section 107-252 (Special provisions for park streets). In order to grant such authorization, the Commission, upon a review of the site plan, shall find that:

(a)        vehicular access and egress are located and arranged so as to draw a minimum of vehicular traffic to and through local streets in nearby residential areas;

(b)        where vehicular access and egress are located on an arterial or park street, such location affords the best means for controlling the flow of traffic generated by such use to and from such arterial or park street, and does not unduly interfere with pedestrian traffic; and

(c)        the location of such vehicular access and egress permits better site planning.

The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area and may, in appropriate cases, condition its authorization upon compliance with an approved site and landscaping plan. The Commission may also permit modifications to parking lot landscaping and maneuverability requirements only if such modifications preserve vegetation and natural topography.

(a)        The City Planning Commission may authorize developments, or enlargements of residential uses in excess of 500 square feet, or in any case where there would be a disturbance of the soil, for the following:

(1)        zoning lots with residential or community facility uses existing on August 17, 1995; or

(2)        zoning lots that have been vacant or land with minor improvements for at least two years immediately prior to the date of application for the authorization.

(b)        No building shall be constructed for occupancy by both residential and manufacturing uses. All residential uses shall comply with the R3X District regulations and all commercial uses shall comply with the M1-1 District regulations. All developments or enlargements shall comply with the applicable Special District regulations:

(c)        In authorizing new residential uses and residential enlargements, the Commission shall find that:

(1)        the residential use will not be exposed to excessive noise, smoke, dust, noxious odor, toxic metals, safety hazards, or other adverse impacts from commercial or manufacturing uses;

(2)        there are no open uses listed in Use Group 18 within 400 feet of the zoning lot;

(3)        the residential use shall not adversely affect commercial or manufacturing uses in the Special District; and

(4)        the authorization shall not alter the essential character of the neighborhood or district in which the use is located, nor impair the future use or development of commercial and manufacturing uses on nearby zoning lots.

In granting such authorization, the Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.

On application, the City Planning Commission, may grant special permits for modifications of specified regulations of this Chapter or of the underlying districts in accordance with the provisions of Sections 107-72 to 107-78, inclusive, relating to Special Permits.

For any development containing designated open space, the City Planning Commission may allow the amount of designated open space to be counted as lot area for bulk computations to exceed the amount permitted under Section 107-224.

As a condition for granting a permit for such modifications, the Commission shall find that:

(a)        that for the occupants of the site itself, the ill effects of concentration of buildings or accessory off-street parking are avoided or overcome by the manner in which the buildings are sited and yards and other open areas arranged; and

(b)        that the concentration of buildings or activities will not adversely affect any other zoning lot outside the development by restricting access of light and air, impairing privacy or creating traffic congestion.

For any development, the City Planning Commission may grant a special permit to modify the height regulations as set forth in Section 23-631, paragraphs (b), (c) and (d) and Section 107-43, provided that the Commission finds that:

(a)        such development is so located as not to impair the essential character of the surrounding area;

(b)        by concentrating permitted floor area in a building or buildings of greater height covering less land, the preservation of existing topography, designated open space or the protection of an outstanding view from a public space, will be assured, and that such preservation would not be possible by careful siting of lower buildings containing the same permitted floor area and covering more land; and

(c)        that the development's design proposals take full advantage of all special characteristics of the site.

For any development, the City Planning Commission may grant special permits to allow semi-detached or attached single-family residences in R2 Districts and attached single- or two-family residences in R3-1 Districts. As a condition for granting such special permits, the Commission shall find that:

(a)        only by modifying the residential building type, the preservation of trees over six-inch caliper and of existing topography can be assured;

(b)        by inclusion of the proposed residential building types, better standards of privacy and usable open space can be achieved; and

(c)        if the zoning lot is located in the designated open space, the prohibition of development on the designated open space requires the permitted development to be concentrated in the remaining portion of the tract.

For any development, the City Planning Commission may grant special permits for the modifications of underlying R1-1 District regulations on yards or courts where such modifications are appropriate in order to:

(a)        permit siting of a building or driveway so as to avoid destruction of a valuable tree of six-inch caliper or more; or

(b)        allow a building to be arranged on a zoning lot that includes designated open space without encroaching on such designated open space.

As a condition for granting such modifications, the Commission shall find that:

(1)        the siting of the building will not adversely affect adjacent properties by impairing privacy or access of light and air;

(2)        the benefits to the surrounding area from the proposed arrangement of buildings and open spaces outweigh any disadvantages which may be incurred thereby in the area; and

(3)        such modification is the least modification required to achieve the purpose for which it is granted.

The Commission may impose appropriate conditions or safeguards, such as special landscaping requirements, to minimize any adverse effects on the character of the surrounding area.

The City Planning Commission may grant special permits to allow adjustments in the boundaries of the designated open space on a zoning lot provided that such adjustment will not place the new boundary closer than 60 feet to a watercourse. As a condition for such adjustment in the boundaries, the Commission shall find that such adjustment will:

(a)        result in a substantial improvement in the quality and usefulness of the designated open space; or

(b)        permit development which better satisfies the purposes of this Chapter and that the new features which will be added to the designated open space will be at least equal in quality to those which are displaced from it; and

(c)        provide an equivalent area replacement for the area removed from the designated open space.

The City Planning Commission may grant special permits for the construction of sewage disposal plants or pumping stations or community facility uses listed in Section 78-352 (Bonus for community facility space) in designated open space where such uses are permitted by the underlying district regulations provided the Commission finds that:

(a)        an amount of open area outside the boundary of the designated open space, at least equal to the coverage of any building or other structure permitted under this Section, shall be added to the designated open space, and action shall be taken to change the boundary of the designated open space pursuant to Section 107-76 (Boundary Adjustments in Designated Open Space);

(b)        such added open area forms a continuous part of the open space network, and does not interrupt or foreclose the continuity of a public pedestrian way;

(c)        such added open area shall contain natural (aquatic, botanic, geologic or topographic) features that are equal or better in quality to those displaced by the development; and

(d)        such sewage disposal plants and sewage pumping stations meet the requirements of Section 74-73, inclusive.

The City Planning Commission may prescribe appropriate conditions and safeguards to enhance the character of the designated open space.

On any zoning lot located partially within the designated open space, the City Planning Commission may grant a special permit to allow a building to encroach on the designated open space where development is not feasible without encroachment on the designated open space. As a condition for permitting such construction, the Commission shall find that the development, as authorized, will result in the minimum interference with the designated open space that must be permitted in order to allow reasonable development and bulk distribution under the regulations of the underlying district or as such regulations are modified by the provisions of this Chapter.

The Commission may prescribe appropriate conditions and safeguards to enhance the character of the designated open space.

Any development used predominantly for residential use on a zoning lot which includes designated open space may be treated as a large-scale residential development, and special authorizations or special permits for such development may be granted in accordance with the provisions of Article VII, Chapter 8, as modified herein, regardless of whether such development will have the area, number of buildings, or number of dwelling units specified in the definition of large-scale residential development as set forth in Section 12-10 (DEFINITIONS), except as provided in Sections 107-821 to 107-823, inclusive.

Bonuses which may be granted for large-scale residential developments under the provisions of Sections 78-32 (Bonus for Good Site Plan), 78-33 (Bonus for Common Open Space) or 78-35 (Special Bonus Provisions), may not be granted for developments which have less than the minimum area, number of buildings or number of dwelling units required by the definition of a large-scale residential development.

Authorizations or special permits granted within the Special South Richmond Development District pursuant to this Resolution shall be consistent in all cases with the provisions of Section 107-224 (Qualification of designated open space as lot area for bulk computations).

Approval by the City Planning Commission of a development plan incorporating designated open space as common open space shall be conditioned upon the findings required in Section 78-52 (Common Open Space), except that the Commission may waive or modify any requirements of paragraph (g) of Section 78-52.

Notwithstanding any provision in Article VII, Chapter 8, or elsewhere in this Zoning Resolution, if the City of New York acquires title or a less than fee interest in any designated open space which serves as required open space for a development and the acquisition occurs while the development is under construction or after it is completed, it shall not affect the area's qualifications for satisfying open space requirements for zoning lots in the development.

Notwithstanding the provisions of Section 78-06 (Ownership), a tract of land which includes designated open space and which is the subject of an application under the provisions of Section 107-81 (Applicability of Large-scale Residential Development Regulations), may include adjacent properties in more than one ownership, provided that the application is filed jointly by the owners of all the properties included. Any subdivision of the tract reflecting ownerships at the time of application or creating new ownerships before, during or after development shall be subject to the provisions of Section 78-51 (General Provisions).

Where an authorization or permit for a site alteration or development is required from the City Planning Commission pursuant to this Chapter and where a permit is required from the Department of Transportation or Department of Buildings for land contour work, or from the Department of Environmental Protection for a storm water drainage system for buildings or adjacent areas, or where construction of a public improvement project is undertaken by a City agency, the Department of City Planning and the agencies involved shall jointly determine the conditions under which such proposed development or site alteration will best meet the purposes of the Special South Richmond Development District. Applications for any required permit or authorization shall be filed simultaneously with each agency from which the permit or authorization is required.

107-92

Recordation

When any yard requirement of the applicable district regulations is modified by the City Planning Commission pursuant to Section 107-46 (Yard and Court Regulations), prior to the filing of an application for any permit with the Department of Buildings, there shall be recorded in the Office of the County Clerk, County of Richmond, and indexed against such zoning lots to be developed as a unit, an instrument describing all conditions and restrictions required by the Commission for the development and use of such zoning lots. Recordation of instruments may be required in connection with any other zoning application hereunder. A certified copy of such instrument shall be submitted to the City Planning Commission upon recordation thereof.

The Special South Richmond Development District Plan, individual District Plan Maps and Tree Selection Tables are incorporated as Appendices A and B of this Chapter.

Appendix A

Special South Richmond Development District Plan

        

Map 1 — District Plan (9/11/75)

Zoning Resolutions Chapter 7: Special South Richmond Development District Appendix A.0

        

Map 2 — Arterial Setback Plan (2/3/10)

Zoning Resolutions Chapter 7: Special South Richmond Development District Appendix A.1

        

Map 2.1 — Arterial Setback Plan

Zoning Resolutions Chapter 7: Special South Richmond Development District Appendix A.2

        

Map 2.2 — Arterial Setback Plan

Zoning Resolutions Chapter 7: Special South Richmond Development District Appendix A.3


        

Map 2.3 — Arterial Setback Plan (2/3/10)

Zoning Resolutions Chapter 7: Special South Richmond Development District Appendix A.4


        

Map 2.4 — Arterial Setback Plan (6/13/12)

Zoning Resolutions Chapter 7: Special South Richmond Development District Appendix A.5

        

Map 3 — Open Space Network (1/19/16)

Zoning Resolutions Chapter 7: Special South Richmond Development District Appendix A.6

        

Map 3.1 — Open Space Network

Zoning Resolutions Chapter 7: Special South Richmond Development District Appendix A.7

        

Map 3.2 — Open Space Network (6/29/11)

Zoning Resolutions Chapter 7: Special South Richmond Development District Appendix A.8

        

Map 3.3 — Open Space Network

Zoning Resolutions Chapter 7: Special South Richmond Development District Appendix A.9

        

Map 3.4 — Open Space Network (7/29/92)

Zoning Resolutions Chapter 7: Special South Richmond Development District Appendix A.10

        

Map 3.5 — Open Space Network (10/22/81)

Zoning Resolutions Chapter 7: Special South Richmond Development District Appendix A.11

        

Map 3.6 — Open Space Network (1/19/16)

Zoning Resolutions Chapter 7: Special South Richmond Development District Appendix A.12


        

Map 4 — Special Areas (11/15/06)

Zoning Resolutions Chapter 7: Special South Richmond Development District Appendix A.13

        

Map 4.1 — Special Areas D, K, LL, M and SH (11/15/06)

Zoning Resolutions Chapter 7: Special South Richmond Development District Appendix A.14


        

Map 4.2 — Special Area F

Zoning Resolutions Chapter 7: Special South Richmond Development District Appendix A.15

        

Appendix B

Tree Selection Tables

Small Trees, 12 - 35 feet at mature height: Uses

Species

Use

Sidewalk

On Lot

Common open space

Screen

-ing

Setback

Park Street

Replace-ment

Crabapple (Malus)

x

x

x

Carolina Silver Bell (Halesia carolina)

x

x

Flowering Cherry (Prunus)

x

x

x

x

x

x

Flowering Dogwood (Cornus florida)

x

x

x

x

x

Golden Rain Tree (Koelreuteria paniculata)

x

x

x

x

x

Hawthorne (Crataegus)

x

x

x

Hedge Maple

(Acer campestre)

x

x

x

x

x

x

Japanese Maple

(Acer palmatum)

x

x

x

Russian Mulberry

(Morus alba ‘Tatarica’)

x

x

x

Russian Olive

(Elaeagnus augustifolia)

x

x

x

Saucer Magnolia

(Magnolia soulangeana)

x

x

x

x

x

x

        

Small Trees, 12 - 35 feet at mature height: Shape, Foliage, Advantages, Disadvantages and Characteristics.

Species

Shape

Foliage

Advantages

Disadvant-ages

Other

Character-istics

Crabapple (Malus)

round

dense

moderate growth rate, easily transplated, no maintenance

litters, needs full sun

flowering fruit, fall color: yellow orange

Carolina Silver Bell (Halesia carolina)

round

light

withstands insects

requires well drained soil, requires moist soil

flowers, fall color

Flowering Cherry (Prunus)

round

light

tolerant of shade

short lived

flowering

Flowering Dogwood

(Cornus florida)

spreading

light

moderate growth rate, easily transplated, no maintenance

needs wind protection, requires well drained soil

flowers, red fall color

Golden Rain Tree (Koelreuteria paniculata)

round

dense

all soils, rapid growth rate, tolerates city, easily transplanted

requires sun

flowers

Hawthorne (Crataegus)

round

dense

easily transplanted

needs pruning, thorns, intolerate of pests, slow growth

fall color: bronze, red

Hedge Maple

(Acer campestre)

round

dense

all soils, tolerates city

requires well drained soil

fall color

Japenese Maple

(Acer palmatum)

round

dense

no maintenance

slow growth rate, difficult to transplant

red fall color

Mulberry

(Morus alba ‘Tatarica’)

round

dense

all soils, rapid growth rate

litters, needs wind protection, needs pruning

fruit

Russian Olive

(Elaeagnus augustifolia)

spreading

light

withstands insects, grows in dry soil

requires sun

flowers

Saucer Magnolia

(Magnolia soulangeana)

round

dense

moderate growth rate, easily transplated, tolerates city

requires well drained soil, requires rich moist soil, needs sun

flowers, bronze fall color

Medium Trees, 35 - 75 feet at mature height: Uses

Species

Use

Sidewalk

On Lot

Common open space

Screen

-ing

Setback

Park Street

Replacement

American Yellowwood (Cladrastis lutea)

x

x

Ash, Green (Froxinus pennsylvatica lanceolata)

x

x

x

x

x

x

x

Bradford Pear (Pyrus calleryana)

x

x

x

x

x

Chinese Chestnut (Castanca mollissima)

x

x

x

x

x

Cork Tree, Amur (Phellodendron amurense)

x

x

x

Elm, Smooth Leaf (Ulmus carpinifolia)

x

x

x

x

x

x

Elm, Chinese

(Ulmus parvifolia)

x

x

x

Elm, Siberian

(Ulmus pumila)

x

x

x

European Beech

(Fagus sylvatica)

x

x

European Hornbeam

(Carpinus betulus)

x

x

x

Honey Locust

(Gleditsia triacanthos)

Katsura (Cercidiphyllum japonicum)

x

x

x

x

x

Little Leaf Linden (Tilia cordata)

x

x

x

x

x

x

Maple, Norway (Acer platanoides)

x

x

x

x

Maple, Red

(Acer rubrum)

x

x

x

x

x

x

x

Oak, Willow (Quercus phellos)

x

x

x

Poplar, Lombardi (Populus nigra ‘Italica’)

x

x

x

x

x

x

Zelkova, Japanese (Zelkova serrata)

x

x

Medium Trees, 35 - 75 feet at mature height: Shape, Foliage, Advantages, Disadvantages and Characteristics.

Species

Shape

Foliage

Advantages

Disadvantages

Other

Character-istics

American Yellowwood (Cladrastis lutea)

round

dense

withstands insects

spreading shallow roots, difficult to transplant

flowers, yellow fall color

Ash, Green (Froxinus pennsylvatica lanceolata)

round

dense

all soils, rapid growth rate, wind resistant

low insect resistance

 fall color

Bradford Pear (Pyrus calleryana)

pyramidal

dense

tolerates city, withstands fire blight

needs pruning

flowers, fall color: bronze/red

Chinese Chestnut (Castanca mollissima)

spreading round

dense

rapid growth rate,  withstands insects

 requires well drained soil

fruit, fall colors

Cork Tree, Amur (Phellodendron amurense)

round

light

 rapid growth rate, tolerates city, easily transplanted

litters

fruit, fall color: yellow

Elm, Smooth Leaf (Ulmus carpinifolia)

round

dense

rapid growth rate, withstands insects

blight

Elm, Chinese

(Ulmus parvifolia)

round-oval

dense

rapid growth rate, withstands insects

blight

Elm, Siberian

(Ulmus pumila)

round

light

all soils, rapid growth rate, withstands insects

blight

European Beech

(Fagus sylvatica)

pyramidal

dense

easily trans-planted, use as hedge if pruned

slow growth rate, requires well drained soil

fall color: bronze

European Hornbeam

(Carpinus betulus)

round

dense

all soils, withstands insects

slow growth rate, requires sun

fruit, fall color

Honey Locust

(Gleditsia triacanthos)

open-headed

light

moderate growth rate, tolerates city, all soils

litters, needs sun

fall color: pale yellow

Katsura (Cercidiphyllum japonicum)

round

dense

no maintenance rapid growth rate, disease free

prefers open sunny site

fall color: yellow some scarlet or purple

Little Leaf Linden (Tilia cordata)

oval-pyramidal

dense

withstands insects, tolerates city, easily transplanted

needs maintenance, slow growth rate

fall color: pale yellow

Maple, Norway (Acer platanoides)

columnar

dense

tolerates city, rapid growth rate, easily transplanted no maintenance

surface roots

fall color: yellow

Maple, Red

(Acer rubrum)

round

dense

rapid growth rate, easily transplanted resists disease

litters

 fall color: scarlet/ orange yellow

Oak, Willow (Quercus phellos)

pyramidal-spreading

dense

rapid growth rate, easily transplanted

prefers moist soil, can’t withstand cold winter

fall color: yellow

Poplar, Lombardi (Populus nigra ‘Italica’)

fastigiate

light-dense

easily transplanted rapid growth rate

short-lived, needs maintenance, roots pry open sewers

fall color: yellow

Zelkova, Japanese (Zelkovaserrata)

dense

all soils, rapid growth rate

Large Trees, 75 feet or more at mature height: Uses

Species

Use

Sidewalk

On Lot

Common open space

Screen

-ing

Setback

Park Street

Replacement

American Beech (Fagus grandifolia)

x

x

x

x

Black Gum (Sour Gum) (Nyssa sylvatica)

x

x

Cucumber Tree (Magnolia acuminata)

x

x

European White Birch (Betula perdula)

x

x

x

x

Ginkgo (Ginkgo biloba)

x

x

x

x

x

x

x

Japanese Pagoda (Sophora japonica)

x

x

x

x

Kentucky Coffee Tree

(Gymnocladus dioicus)

x

x

x

x

x

x

Linden, Silver

(Tilia petiolaris)

x

x

x

x

x

Locust, Black

(Robinia pseudoacacia)

x

x

x

x

Maple, Silver

(Acer saccharinum)

x

x

x

x

Maple, Sugar

(Acer saccharum)

x

x

x

x

Oak - Pin (Quercus palustris)

x

x

x

x

x

Oak, Red (Quercus borealis)

x

x

x

x

x

x

Oak, White (Quercus alba)

x

x

Sweetgum (Liquidambar styraciflua)

x

x

x

x

x

Sycamore, London Plane (Platanus acerifolia)

x

x

x

x

x

x

x

Tulip Tree (Liriodendron tulipfera)

x

x

x

x

Blue Atlas Cedar (Cedrus atlantica ‘Glauca’)

x

x

x

x

x

Douglas Fir (Pseudotsuga menziesii)

x

x

x

x

x

Eastern White Pine (Pinus strobus)

x

x

x

x

Large Trees, 75 feet or taller at mature height: Shape, Foliage, Advantages, Disadvantages and Characteristics.

Species

Shape

Foliage

Advantages

Disadvantages

Other

Character-istics

American Beech (Fagus grandifolia)

round

dense

hedge use if pruned, wind resistant, easily transplanted

slow growth rate, shallow roots

 fall color: bronze

Black Gum (Sour Gum) (Nyssa sylvatica)

pyramidal

dense

withstands insects, moderate growth rate no maintenance

difficult to transplant

 fall color: scarlet/ orange

Cucumber Tree (Magnolia acuminata)

pyramidal (varies)

dense

withstands insects, rapid growth rate, grows in partial shade/sun

flowers

European White Birch (Betula perdula)

pyramidal

light

easily transplanted rapid growth rate withstands insects

needs protection, prefers cold climate

fall color: yellow

Ginkgo (Ginkgo biloba)

columnar pyramidal spreading

light

all soils, withstands insects, tolerates city, easily transplanted

slow growth rate, avoid female

fall color: pale yellow

Japanese Pagoda (Sophora japonica)

round-weeping

light

all soils, withstands insects, tolerates city, easily transplanted rapid growth rate

needs maintenance, reguires sun

flowers, fall color: yellow

Kentucky Coffee Tree

(Gymnocladus dioicus)

fastigiate

light

all soils, long life, withstands insects, long life

needs protection, reguires sun, slow growth rate

Linden, Silver

(Tilia petiolaris)

fastigiate

dense

 rapid growth rate, withstands heat & drought

fall color: pale yellow

Locust, Black

(Robinia pseudoacacia)

columnar

light

all soils, tolerates city, rapid growth rate

susceptible to insects

flowers

Maple, Silver

(Acer saccharinum)

fastigiate

dense

rapid growth rate, easily transplanted

brittlewood, needs maintenance

fall color: red/ yellow-orange

Maple, Sugar

(Acer saccharum)

fastigiate

dense

easily transplantedlong life

slow growth rate, little tolerance for city

fall color: scarlet/ yellow-orange

Oak, Pin (Quercus palustris)

pyramidal

dense

all soils, withstands insects, rapid growth rate, easily transplanted

needs maintenance

fall color: scarlet

Oak, Red (Quercus borealis)

oval

dense

tolerates city, grows faster than other oaks, easily transplanted

fall color: red

Oak, White (Quercus alba)

round

dense

holds leaves in winter

slow growth rate, prefers dry soil

Sweetgum (Liquidambar styraciflua)

pyramidal

dense

moderate growth rate, withstands insects

difficult to transplant

flowers, fall color

Sycamore, London Plane (Platanus Acerifolia)

round-spreading

light-dense

all soils, tolerates city, easily transplantedrapid growth rate

overplanted in NYC, susceptible to fungus

Tulip Tree (Liriodendron tulipfera)

pyramidal

withstands insects

requires well drained soil

flowers, fall color

Blue Atlas Cedar (Cedrus atlantica ‘Glauca’)

pyramidal

evergreen

moderate growth rate, easily transplanted no maintenance

Douglas Fir (Pseudotsuga menziesii)

pyramidal

evergreen

easily transplanted rapid growth rate

needs protection

Eastern White Pine (Pinus strobus)

pyramidal

evergreen

easily transplanted rapid growth rate

requires well drained soil

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