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What is NYC ZR § 119-215?

Quick Answer

This section establishes landscaping controls aimed at preserving existing trees, shrubs, and ground cover during development activities. It outlines conditions under which vegetation may be removed and mandates replacement plantings for any vegetation or topsoil lost. Applies to property owners involved in development or site alterations.

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

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§ 119-215 Landscaping controls to preserve trees, shrubs and ground cover

ZR § 119-215

(a)In any area of no disturbance, existing vegetation and topsoil shall not be removed, except in accordance with a tree protection plan or as authorized by the City Planning Commission, pursuant to the provisions of Section 119-313 (Modification of landscaping, tree preservation and tree planting requirements).

(b)To the maximum extent possible, existing trees, shrubs and ground cover shall be retained. Vegetation may only be removed or destroyed as a result of a development, enlargement or site alteration, provided that:

(1)it is located in areas to be occupied by buildings, private roads, driveways, areas for required accessory parking or within a distance of 15 feet of a building foundation and, provided that it is not practical to avoid such removal by adjustments in the arrangement of such buildings, private roads, driveways or required parking areas;

(2)the continued presence of the vegetation would interfere with the growth or health of trees of six-inch caliper or more designated for preservation and belonging to a species listed in Appendices A, B or C;

(3)the continued presence of the vegetation would create special hazards or dangers to persons or property, which would not be possible or practical to eliminate by pruning or routine maintenance; or

(4)an authorization has been granted by the City Planning Commission under the provisions of Section 119-313 approving the removal of such vegetation.

(c)Any vegetation or topsoil that cannot be preserved as a result of a proposed development, enlargement or site alteration and is not permitted to be removed under paragraph (b) of this Section shall be replaced as follows: for every square foot of lot area of removed vegetation or topsoil, there shall be provided the following plantings of the size and number indicated in paragraphs (c)(1) through (c)(4) of this Section. The area of removed vegetation shall be measured so as to include any portions of the zoning lot that were located within the critical root zone of a removed tree of six-inch caliper or more. Species of ground cover and shrubs shall be selected from Appendix A (Selection List for Ground Covers and Shrubs). Species of on-site trees shall be selected from Appendix B (Selection List for On-site Trees).

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