Proposed Int. No. 98-A
By Council Members Koo, Koslowitz, Holden, Dromm and Kallos
A Local Law to amend the administrative code of the city of New York, in relation to abandoned tree pits
Be it enacted by the Council as follows:
Section 1. Chapter 1 of title 18 of the administrative code of the city of New York is amended by adding a new section 18-156 to read as follows:
§ 18-156 Abandoned tree pits. a. Definitions. For the purposes of this section, the following terms have the following meanings:
Abandoned tree pit. The term “abandoned tree pit” means a tree pit that is without trees or vegetation.
Tree pit. The term “tree pit” means any unpaved space in a sidewalk in which trees or vegetation are planted.
b. The commissioner shall inspect any location within three months upon receiving notice that there is an abandoned tree pit at such location to determine whether a tree or other vegetation can be planted in such abandoned tree pit.
c. The commissioner shall, within three months of the inspection required pursuant to subdivision b of this section, plant a tree or vegetation in any abandoned tree pit within the jurisdiction of the commissioner, except where 1) the commissioner has determined the characteristics of such abandoned tree pit have changed to a such a degree that no tree or vegetation would survive if planted or 2) in instances where the structural condition of such abandoned tree pit presents a risk to public safety.
d. In instances where the commissioner is unable to plant trees or vegetation in an abandoned tree pit pursuant to subdivision c, the commissioner shall, in consultation with the commissioner of transportation, remove the tree pit within three months of the inspection required pursuant to subdivision b of this section.
e. Nothing in this section shall affect the operation of any other law or regulation relating to the planting, cultivation or removal of trees and vegetation within the jurisdiction of the commissioner.
§ 2. This local law takes effect 180 days after it becomes law, except that the commissioner of parks and recreation shall take such measures as are necessary for the implementation of this local law, including the promulgation of rules, before such date.
SSY/KS
LS # 9905
LS# 606/ Int. No. 1640
5/10/19