§ 301-24. Replacement of trees removed or proposed to be removed.

A. 

For any lot(s) of any size submitted to the Planning Board for site plan or subdivision approval, a replacement tree(s) from the official list of acceptable trees as issued by the Commissioner of Public Works shall be planted for every tree which is removed or proposed to be removed. The Planning Board shall have the authority to determine which trees substantially interfere with proposed construction on or development on the lot(s).

B. 

For all other lots, which lots are not subject to active review by the Planning Board, a replacement tree(s) from the official list of acceptable trees as issued by the Commissioner of Public Works shall be planted for every tree that is removed or proposed to be removed for whatever reason and requiring a tree removal permit pursuant to § 301-21. The Building Official shall have the authority to determine which trees substantially interfere with proposed construction on or development of the lot(s).

C. 

To mitigate the removal or proposed removal of any tree, the property owner shall plant new trees with a minimum caliper of two inches each, which trees in aggregate shall have a DBH at the time of planting equal to the total DBH of the tree(s) removed on that lot(s). Each tree removed must be replaced by at least one tree of the same species, provided that such species is on the official list of acceptable trees, as issued by the Commissioner of Public Works. In lieu of planting replacement trees on that lot(s) and only when technically impractical or impossible, a fee shall be paid to the City Tree Fund to defray the City's costs for acquisition, maintenance, and planting of trees on City properties, in accordance with Chapter 133, Fees, of the New Rochelle City Code. The total amount required to be paid as a fee-in-lieu shall be determined by the difference between the total DBH of existing trees which are removed or proposed to be removed from the lot(s), pursuant to the tree removal permit requirements, and the total DBH of new trees at the time of planting which are proposed to replace the trees removed. Such new tree planting and/or payment of fee-in-lieu shall be satisfied within one year of the date of approval of a tree removal permit, except as such conditions may be extended for one year, in accordance with these regulations.

[Amended 4-20-2006 by Ord. No. 80-2006]

D. 

The planting of tree(s) shall be in accordance with the specifications of the landscape nursery from which the tree(s) is purchased or of a licensed design professional. Lacking specifications, the planting of trees shall be as follows:

(1) 

For every inch of tree DBH planted, there shall be a minimum of nine square feet of pervious soil surrounding the tree trunk to allow water and air to the tree roots. For a minimum two-inch DBH tree, therefore, there shall be a minimum of 18 square feet of pervious soil surrounding the tree trunk.

(2) 

No tree trunk shall be planted closer to another tree trunk, existing or proposed, with less than 20 feet of horizontal spacing. In the case that a landscape nursery from which the tree is purchased or a licensed design professional recommends a greater horizontal spacing such spacing shall govern.

(3) 

Trees shall be planted during the period from September 1 to May 15.