26-40 Street Tree Planting and Planting Strip Requirements
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. Such trees shall be planted at approximately equal intervals along the entire length of the curb of the street adjacent to the zoning lot.
Where the Department of Parks and Recreation determines that such tree planting would be infeasible adjacent to the zoning lot, or in historic districts where the Landmarks Preservation Commission determines that such tree planting would not be in character with the historic district, such tree shall be planted in an alternative 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:
(a) an existing empty street tree pit or planting strip; or
(b) 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.
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.
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.
In accordance with applicability requirements of underlying district regulations, the owner of the development, enlargement or converted building shall provide and maintain a planting strip. Street trees required pursuant to Section 26-41 shall be planted within such planting strip. In addition to such street trees, such strip shall be fully planted with grass or groundcover, except as provided in Section 26-421. Such planting strip shall be located adjacent to, and extend along, the entire length of the curb of the street. However, in the event that both adjoining properties have planting strips adjacent to the front lot line, such planting strip may be located along the front lot line. The width of such planting strip shall be the greatest width feasible given the required minimum paved width of the sidewalk on street segments upon which the building fronts, except that no planting strip less than six inches in width shall be required.
Driveways are permitted to traverse planting strips. Planting strips may be interrupted by utilities and paved areas required for bus stops.
On zoning lots containing schools, permeable pavers or permeable pavement may be substituted for grass or ground cover, provided that, beneath such permeable pavers or pavement, there is structural soil or aggregate containing at least 25 percent pore space, or other kind of engineered system that absorbs stormwater, as acceptable to the Department of Transportation. Any area improved with permeable pavers or pavement pursuant to this paragraph shall be no less than three feet in width except where necessary for compliance with the Americans with Disabilities Act.