New York City Council Header
File #: Int 0268-2014    Version: * Name: Protecting street trees during construction activities.
Type: Introduction Status: Filed (End of Session)
Committee: Committee on Housing and Buildings
On agenda: 4/10/2014
Enactment date: Law number:
Title: A Local Law to amend the administrative code of the city of New York and the New York city building code, in relation to protecting street trees during construction activities.
Sponsors: Rosie Mendez, Donovan J. Richards, Helen K. Rosenthal, (by request of the Manhattan Borough President)
Council Member Sponsors: 4
Attachments: 1. Committee Report 4/2/14, 2. Hearing Testimony 4/2/14, 3. Hearing Testimony 4/2/14 (Con't), 4. Hearing Transcript 4-2-14
Preconsidered Int. No. 268
 
By Council Members Mendez, Richards and Rosenthal (by request of the Manhattan Borough President)
 
 
A Local Law to amend the administrative code of the city of New York and the New York city building code, in relation to protecting street trees during construction activities.
 
 
Be it enacted by the Council as follows:
 
Section 1. Statement of findings and purpose. While sidewalk sheds protect pedestrians during the construction, maintenance and inspection of buildings, they can cause considerable damage to trees.  Each year, the Department of Buildings issues tens of thousands of buildings permits for new construction and building renovations and Local Law 11 of 1998 requires the erection of scaffolding and sidewalk sheds to perform façade inspections and maintenance.  Unfortunately, sidewalk sheds can damage and even kill trees. Sidewalk sheds cast shade over sidewalk trees, prevent rainwater from reaching tree roots and damage tree crowns. The installation of sidewalk sheds or other construction activity can damage tree leaders (the main vertical limb), resulting in permanent deformation of trees so that the tree no longer grows vertically.  Broken side branches that are not removed with clean cuts provide avenues for diseases and can eventually cause the demise of trees.
§ 2.  Section  3307.6.4 of the New York city building code, as added by local law number 33 for the year 2007, is amended by adding a new item 10 to read as follows:
10.  The construction of sidewalk sheds within 10 feet (3.048m) of a tree within the public right of way shall be in accordance with the provisions of Section  3309.11.
§ 3. Subchapter 1 of chapter 1 of title 19 of the administrative code of the city of New York is amended by adding a new section 19-102.1 to read as follows:
      § 19-102.1 Protection of street trees.  Any construction or work on a street within 10 feet of a tree within the jurisdiction of the department of parks and recreation, shall comply with the rules of the department of parks and recreation relating to the protection of trees during construction.  Such rules shall be consistent with all local laws relating to the protection of pedestrians during construction activities.      
§4.  This local law shall take effect January 1, 2015 except that the commissioner of buildings and the commissioner of parks and recreation may promulgate rules or take other administrative actions prior to such effective date.
LS 1229
JCH
3/25/2014 11:01 AM
Int. No. 331/10