Bill Text: NY A07733 | 2013-2014 | General Assembly | Introduced

---

Bill Title: Relates to permits required for the removal of trees.

Spectrum: Slight Partisan Bill (Republican 5-3)

Status: (Introduced - Dead) 2014-01-08 - referred to cities [A07733 Detail]

Download: New_York-2013-A07733-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7733
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                     May 31, 2013
                                      ___________
       Introduced  by M. of A. BORELLI -- read once and referred to the Commit-
         tee 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:
    1    Section 1. Subdivisions b, c, and e of section 18-107 of the  adminis-
    2  trative  code of the city of New York, as added by local law number 3 of
    3  the city of New York for the year 2010, are amended to read as follows:
    4    b. The department shall charge a fee for each permit  issued  pursuant
    5  to this section, which shall [be sufficient to cover the cost of replac-
    6  ing  any  tree  proposed  to  be  removed] NOT TO EXCEED TWO DOLLARS PER
    7  SQUARE FOOT ON ALL PROPERTIES.  IN CALCULATING SUCH FEE  THE  DEPARTMENT
    8  SHALL  USE  PARCEL DIMENSIONS ON FILE WITH THE COUNTY CLERK TO DETERMINE
    9  THE TOTAL SQUARE FOOTAGE OF THE LOT. In applying for a  permit  pursuant
   10  to  this  section, a person shall specify whether such person intends to
   11  plant replacement trees as  directed  by  the  department  or  have  the
   12  department  plant  replacement  trees.  If  replacement  trees are to be
   13  planted by the person  applying  for  the  permit  and  are  planted  as
   14  directed by the department, then the department shall return such fee to
   15  such  person  upon  completion of such planting. In all other cases, the
   16  department shall retain such fee for purposes  of  planting  replacement
   17  trees.
   18    c.  Upon  determining that a person may be issued a permit pursuant to
   19  this section, the department shall inform such person in writing of  the
   20  fee  required, the number and size of the replacement trees to be plant-
   21  ed, [the method used in making these calculations,] and  the  period  of
   22  time  prescribed  by  subdivision  d  or  f of this section during which
   23  replacement trees shall be planted. Such information shall  be  provided
   24  to  such  person  not  more  than  ninety days following the filing of a
   25  completed application for such permit.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11043-02-3
       A. 7733                             2
    1    e. The department shall promulgate such rules as may be  necessary  to
    2  implement  the  provisions of this section, including but not limited to
    3  [rules governing the fee to be paid to the department  and]  any  method
    4  used  to calculate the number and size of the replacement trees required
    5  to be planted, provided that such replacement trees shall, at a minimum,
    6  equal one caliper inch of replacement tree for each caliper inch of tree
    7  removed.  In promulgating such rules, the department shall substantially
    8  comply with guidelines set forth by the international society of arbori-
    9  culture.
   10    S 2. This act shall take effect immediately.