26-41 - Street Tree Planting

LAST AMENDED
12/6/2023


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

(a)   Design criteria

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

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

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

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

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

(b)   Alternate compliance

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

      (1)   Rain gardens

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

      (2)   Planters

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

      (3)   Off-site locations

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

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

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

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

     (4)    Payment option

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