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What is NYC ZR § 105-45?

Quick Answer

This section mandates that natural features and vegetation on zoning lots cannot be altered without prior approval from the City Planning Commission. If violations occur, the Commission may specify restoration requirements, which the Department of Buildings will enforce. Applies to owners of zoning lots with violations related to natural features.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 105-45 Certification of Restoration Plans

ZR § 105-45

On any zoning lot to which the provisions of Section 105-02 (General Provisions) apply, no natural features as described in Section 105-11 (Description of Natural Features) or any other vegetation shall be removed, altered, relocated or replaced without prior approval by the City Planning Commission, as set forth in Section 105-40 (SPECIAL REVIEW PROVISIONS).

In the event that any such features are removed, altered, relocated or replaced from a zoning lot without prior approval by the Commission, the Commission may specify the manner of their replacement or restoration. If trees are to be planted, the Commission may require that they be three inches in caliper.

A copy of the restoration plan certified by the Commission specifying requirements for the replacement or restoration of the natural features shall be issued to the owner of the zoning lot containing such violations and to the Department of Buildings.

Upon receipt of the Commission's certified restoration requirements, the Department of Buildings shall require the owner of the zoning lot to remove the violations in accordance with the requirements set forth by the Commission. If such violations have not ceased within 90 days of receipt of the Commission's requirements, the Department of Buildings shall institute such action as may be necessary to terminate the violations. For compliance with new planting requirements to remove violations, the Department of Buildings may allow an additional 90 days.

No building permit or certificate of occupancy shall be issued by the Department of Buildings for any development, enlargement, site alteration or use on such zoning lot until the violations are removed from the zoning lot in accordance with the restoration plan certified by the Commission.

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