STATE OF NEW YORK
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6172
2015-2016 Regular Sessions
IN ASSEMBLY
March 16, 2015
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Introduced by M. of A. BORELLI -- read once and referred to the Commit-
tee on Cities
AN ACT to amend the administrative code of the city of New York, in
relation to permits required for the removal of trees
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions b, c, and e of section 18-107 of the adminis-
2 trative code of the city of New York, as added by local law number 3 of
3 the city of New York for the year 2010, are amended to read as follows:
4 b. The department shall charge a fee for each permit issued pursuant
5 to this section, which shall [be sufficient to cover the cost of replac-
6 ing any tree proposed to be removed] not to exceed two dollars per
7 square foot on all properties. In calculating such fee the department
8 shall use parcel dimensions on file with the county clerk to determine
9 the total square footage of the lot. In applying for a permit pursuant
10 to this section, a person shall specify whether such person intends to
11 plant replacement trees as directed by the department or have the
12 department plant replacement trees. If replacement trees are to be
13 planted by the person applying for the permit and are planted as
14 directed by the department, then the department shall return such fee to
15 such person upon completion of such planting. In all other cases, the
16 department shall retain such fee for purposes of planting replacement
17 trees.
18 c. Upon determining that a person may be issued a permit pursuant to
19 this section, the department shall inform such person in writing of the
20 fee required, the number and size of the replacement trees to be plant-
21 ed, [the method used in making these calculations,] and the period of
22 time prescribed by subdivision d or f of this section during which
23 replacement trees shall be planted. Such information shall be provided
24 to such person not more than ninety days following the filing of a
25 completed application for such permit.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05837-01-5
A. 6172 2
1 e. The department shall promulgate such rules as may be necessary to
2 implement the provisions of this section, including but not limited to
3 [rules governing the fee to be paid to the department and] any method
4 used to calculate the number and size of the replacement trees required
5 to be planted, provided that such replacement trees shall, at a minimum,
6 equal one caliper inch of replacement tree for each caliper inch of tree
7 removed. In promulgating such rules, the department shall substantially
8 comply with guidelines set forth by the international society of arbori-
9 culture.
10 § 2. This act shall take effect immediately.