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// CODE SNIPPET

105-425 Modification of Botanic Environment and Tree Preservation and Planting Requirements

NYC Zoning Resolution > X Special Purpose Districts > 5 - Special Natural Area District (NA-1), (NA-2), (NA-3), (NA-4) > 105-40 Special Review Provisions > 105-42 Authorizations to Alter Natural Features > 105-425 Modification of Botanic Environment and Tree Preservation and Planting Requirements
JUMP TO FULL CODE CHAPTER
The City Planning Commission may authorize modifications to the provisions of Sections 105-31 (Botanic Environment and Tree Preservation Requirements), 105-32 (Botanic Environment and Tree Planting Requirements) and paragraph (b)(8) of Section 105-35 (Tier II Requirements for Driveways and Private Roads).
In order to grant such authorizations, the Commission shall find that:
(a)        the development, enlargement or site alteration is not feasible without such modifications, or that the requested modification will permit a development, enlargement or site alteration that satisfies the purposes of this Chapter;
(b)        such modification is the least modification required to achieve the purpose for which it is granted;
(c)        the ecology and soil conditions of the site are such that the substitution of other plant material would be as appropriate as the botanic preservation or planting requirements being modified; and
(d)        in order to modify requirements relating to tree preservation, planting or removal, the Commission shall also find that:
(1)        such tree is located in areas which require excessive cut or fill of land deemed inimical to plant survival; or
(2)        the continued presence of such tree would create hazards or dangers (such as an area affected by storm or plant disease) to persons, property or other plant material which it would not be possible or practical to eliminate by pruning.
Where on-site replanting of vegetation would result in overcrowding or would adversely affect the ecology of the site, the Commission may authorize planting of one or more trees on adjoining public sidewalks or in a nearby public area within the Special Natural Area District. The Commission may also allow the substitution of other plant material, provided a detailed landscaping plan is filed with the Commission for approval and certification.

Related Code Sections


§28-216.8.3 Enforcement, Modification of Precept
application to modify the requirements of any precept to seal or shore the structure by the commissioner of housing preservation and development ...
NYC General Admin. Provisions 2008 > 2 Enforcement > 216 Unsafe Buildings > §28-216.8 Execution of Precept > §28-216.8.3 Modification of Precept
§28-216.8.3 Enforcement, Modification of Precept
application to modify the requirements of any precept to seal, shore or demolish the structure by the commissioner of housing preservation ...
NYC General Admin. Provisions 2014 > 2 Enforcement > 216 Unsafe Buildings > §28-216.8 Execution of Precept > §28-216.8.3 Modification of Precept
§28-216.8.3 Enforcement, Modification of Precept
The commissioner shall have authority to modify the requirements of any precept when such commissioner shall be satisfied that such change ...
NYC General Admin. Provisions 2022 > 2 Enforcement > 216 Unsafe Buildings > §28-216.8 Execution of Precept > §28-216.8.3 Modification of Precept
3309.11 Safeguards During Construction or Demolition, Protection of Trees
No trees outside the property line within the public right of way shall be disturbed or removed without the permission of the commissioner ...
NYC Building Code 2008 > 33 Safeguards During Construction or Demolition > 3309 Protection of Adjoining Property > 3309.11 Protection of Trees
3309.11 Safeguards During Construction or Demolition, Protection of Trees
of the department of parks and recreation. Protection meeting the requirements of the department of parks and recreation shall be provided for all such trees ...
NYC Building Code 2014 > 33 Safeguards During Construction or Demolition > 3309 Protection of Adjoining Property > 3309.11 Protection of Trees
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