§ 301-5. Application for and issuance of permit; supervision of work; removal and replacement of diseased trees., Article II. Trees on City Property, Chapter 301. Trees and Shrubs, Part II. General Legislation, Code of Ordinances, New Rochelle

Any person desiring the removal, destruction, cutting or pruning of any City-owned tree, plant or shrub standing on City property because of the encroachment upon or interference with real property owned by any such person by such tree, plant or shrub shall make application on forms provided by the Commissioner of the Department of Public Works for such removal, destruction, cutting or pruning of any such tree, plant or shrub. Such application shall state the number, type and kind of the tree, plant or shrub to be trimmed, cut, removed or destroyed. If, in the judgment of the Commissioner of the Department of Public Works, the desired removal, destruction, cutting or pruning shall appear necessary, the Commissioner may issue a written permit for such work upon condition that any such work shall be performed in strict accordance with the direction of the Commissioner. Such work shall be performed under the supervision and direction of the Commissioner of the Department of Public Works or his duly authorized representative at the expense of the person receiving such permit.

Whenever, after notice to and inspection by the Commissioner of the Department of Public Works or his authorized representative, the Commissioner determines that any City-owned tree, plant or shrub is diseased, in a dangerous condition or an obstruction to any highway, sidewalk, sidewalk area or public place in such a fashion as to be a danger to public safety, the Commissioner shall cause the removal of any such City-owned tree, plant or shrub at the expense of the City of New Rochelle.

Whenever any City-owned tree, plant or shrub is removed or destroyed by any person with a permit therefor, as required in Subsection A above, such person shall, under the direction and supervision of the Commissioner of the Department of Public Works and at the sole cost and expense of such person, replace the same with another tree, plant or shrub placed either in the same place from which such tree, plant or shrub was removed or, if it is impossible or impracticable then at the discretion of the Commissioner, to replant in the same place or in any other place on public lands or parks, as directed by the Commissioner. Whenever any City-owned tree, plant or shrub is removed at the direction of the Commissioner as hereinabove set forth in Subsection B, then the Commissioner shall cause the planting of another tree, plant or shrub in the same place from which any City-owned tree, plant or shrub was removed, or if the same is impossible or impracticable in the discretion of the Commissioner, then such tree, plant or shrub shall be replaced on other public places or parks as the Commissioner shall determine. Any shrubs or plants removed as provided in Subsection A or B above shall be replaced with plants or shrubs of the same type and kind. Whenever any tree is removed as specified in Subsections A and B above, the new tree replanted shall be of Norway maple or such other species as is approved by the Commissioner of the Department of Public Works, but in no event shall any such new tree or trees be less than two inches in diameter at the base of the trunk.