S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10327

                          I N  A S S E M B L Y

                              May 23, 2016
                               ___________

Introduced  by  M.  of  A.  CASTORINA  --  read once and referred to the
  Committee on Cities

AN ACT to amend the administrative code of the  city  of  New  York,  in
  relation to permits required for the removal of trees

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivisions b, c, and e of section 18-107 of the  adminis-
trative  code of the city of New York, as added by local law number 3 of
the city of New York for the year 2010, are amended to read as follows:
  b. The department shall charge a fee for each permit  issued  pursuant
to this section, which shall [be sufficient to cover the cost of replac-
ing  any  tree  proposed  to  be  removed] NOT TO EXCEED TWO DOLLARS PER
SQUARE FOOT ON ALL PROPERTIES.  IN CALCULATING SUCH FEE  THE  DEPARTMENT
SHALL  USE  PARCEL DIMENSIONS ON FILE WITH THE COUNTY CLERK TO DETERMINE
THE TOTAL SQUARE FOOTAGE OF THE LOT. In applying for a  permit  pursuant
to  this  section, a person shall specify whether such person intends to
plant replacement trees as  directed  by  the  department  or  have  the
department  plant  replacement  trees.  If  replacement  trees are to be
planted by the person  applying  for  the  permit  and  are  planted  as
directed by the department, then the department shall return such fee to
such  person  upon  completion of such planting. In all other cases, the
department shall retain such fee for purposes  of  planting  replacement
trees.
  c.  Upon  determining that a person may be issued a permit pursuant to
this section, the department shall inform such person in writing of  the
fee  required, the number and size of the replacement trees to be plant-
ed, [the method used in making these calculations,] and  the  period  of
time  prescribed  by  subdivision  d  or  f of this section during which
replacement trees shall be planted. Such information shall  be  provided
to  such  person  not  more  than  ninety days following the filing of a
completed application for such permit.
  e. The department shall promulgate such rules as may be  necessary  to
implement  the  provisions of this section, including but not limited to
[rules governing the fee to be paid to the department  and]  any  method

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD05837-01-5

A. 10327                            2

used  to calculate the number and size of the replacement trees required
to be planted, provided that such replacement trees shall, at a minimum,
equal one caliper inch of replacement tree for each caliper inch of tree
removed.  In promulgating such rules, the department shall substantially
comply with guidelines set forth by the international society of arbori-
culture.
  S 2. This act shall take effect immediately.