S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3383
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 Introduced by M. of A. REILLY -- 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, subdivisions b and c as  added  by
 local  law  number 3 of the city of New York for the year 2010, subdivi-
 sion e as amended by local law number 141 of the city of  New  York  for
 the year 2021, 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02021-02-3
              

 A. 3383                             2
 
 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
 used to calculate the number and size of the replacement trees  required
 to be planted, provided that:
   1.  Such replacement trees shall, at a minimum, equal one caliper inch
 of replacement tree for each caliper inch of tree removed;
   2. The number of caliper inches of replacement trees to be required in
 zoning districts R1, R2 and R3 shall be no greater than twice the number
 of caliper inches removed; and
   3. In promulgating such rules, the department shall comply with guide-
 lines set forth in the most  recent  version  of  the  guide  for  plant
 appraisal,  published by the council of tree and landscape appraisers on
 or before December 31, 2017, provided that the department  shall  review
 each  update  to  such  standards and guide to determine whether any new
 rules should be promulgated consistent with such updated  standards  and
 guide.
   § 2. This act shall take effect immediately.