File #: Res 0822-2005    Version: * Name: LU 398 - Zoning Reso., Special Natural Area District Text, Citywide (050093ZRY)
Type: Resolution Status: Adopted
Committee: Committee on Land Use
On agenda: 2/2/2005
Enactment date: Law number:
Title: Resolution approving the decision of the City Planning Commission on Application No. N 050093 ZRY, an amendment to the text of the Zoning Resolution relating to Article X, Chapter 5 (Special Natural Area District) (L.U. No. 398).
Sponsors: Melinda R. Katz, Tony Avella
Council Member Sponsors: 2
Attachments: 1. Committee Report, 2. Hearing Transcript - Stated Meeting 2/2/05

THE COUNCIL OF THE CITY OF NEW YORK

RESOLUTION NO. 822

 

Resolution approving the decision of the City Planning Commission on Application No. N 050093 ZRY, an amendment to the text of the Zoning Resolution relating to Article X, Chapter 5 (Special Natural Area District) (L.U. No. 398).

 

By Council Members Katz and Avella

 

 

                           WHEREAS, the City Planning Commission filed with the Council on January 12, 2005 its decision dated January 5, 2005 (the "Decision"), on the application submitted by the Department of City Planning, pursuant to Section 201 of the New York City Charter, for an amendment to the text of the Zoning Resolution (Application No. N 050093 ZRY) (the "Application");

 

                           WHEREAS, the Decision is subject to review and action by the Council pursuant to Section 197-d(b)(1) of the City Charter;

 

                           WHEREAS, upon due notice, the Council held a public hearing on the Decision and Application on January 26, 2005;

 

                           WHEREAS, the Council has considered the land use implications and other policy issues relating to the Decision and Application; and

 

                           WHEREAS, the Council has considered the relevant environmental issues and the Negative Declaration, issued on September 20, 2004 (CEQR No. 05DCP016Y);

 

RESOLVED:

 

                           Pursuant to Sections 197-d and 200 of the City Charter and on the basis of the Decision and Application the Council approves the Decision; and

 

                           The Zoning Resolution of the City of New York, effective as of December 15, 1961, and as subsequently amended, is further amended as follows:

 

_________

 

 

Matter Underlined  is new, to be added;

Matter in Strikeout is old, to be deleted;

Matter within # # is defined in Section 12-10;

* * * indicate where unchanged text appears in the Zoning Resolution

 

12-10

DEFINITIONS

 

Special Mixed Use District (12/10/97)

 

*    *    *

 

Special Natural Area District (12/19/74)

 

The "Special Natural Area District" is a Special Purpose District designated by the letters "NA" in which special regulations set forth in Article X, Chapter 5, apply to #developments# or #site alterations#.  The #Special Natural Area District# appears on the #zoning maps# superimposed on other districts, and its regulations supplement or modify those of the districts on which it is superimposed.  The #Special Natural Area District# includes any district whose designation begins with the letters "NA.".

 

#Special Natural Area Districts# may be mapped only in areas where outstanding #natural features# or areas of natural beauty are to be protected.  The preservation of such areas is important because they contain areas of special ecological significance, interesting geological formulations and rock outcrops, unique aquatic features such as tidal wetlands, unique topographic features such as palisades, valleys and hills, important plant life such as glaciated oak-chestnut forests or because they serve as habitats for native flora and fauna.  A #Special Natural Area District# may include one or more #natural features#.

 

A #public park# may be included in a #Special Natural Area District# only where it is part of a designated larger natural ecological system.

 

Special Northside Mixed Use District (3/18/76)

 

 

*    *    *

 

 

12/19/74

Article X - Special Purpose Districts

 

Chapter 5

Special Natural Area District

 

Table of Contents

 

GENERAL PURPOSES...................................... 105-00

Definitions............................................. 105-01

General Provisions.................................... 105-02

 

NATURAL FEATURES...................................... 105-10

Description of Natural Features......................... 105-11

 

PROTECTION OF NATURAL FEATURES........................ 105-20

 

SPECIAL PROVISIONS FOR PLANTING

PRESERVATION OF NATURAL FEATURES ......................105-30

 

Botanic Environment and Tree Preservation Requirements...105-31

Botanic Environment and Tree Planting Requirements.......105-32

Lot Coverage Regulations for Residences on Tier II Sites.105-33

Grading Controls for Tier II sites.......................105-34

Tier II Requirements for Driveways and Private Roads.....105-35

Controls During Construction.............................105-36

Special Erosion and Sedimentation Prevention Requirements

for Authorizations for Tier II sites.....................105-37

Special Submission Requirements for Authorizations

for Tier II sites......................................105-38

 

SPECIAL REVIEW PROVISIONS............................... 105-40

 

Certification........................................... 105-41

Authorizations to Alter Natural Features and to Allow

Certain Uses ............... ..........................105-42

Authorizations to Modify Bulk, Parking, Grading and

Private Roads Regulations............................... 105-43

Special Permits......................................... 105-434

Conditions for Certification,

Authorization or Special Permits...................... 105-44

Certification of Compliance with the Special Review

Provisions Restoration Plans.............................105-45

REGULATIONS FOR PROTECTION OF NATURAL FEATURES........ 105-50

MAINTENANCE OF NATURAL FEATURES......................... 105-60

SPECIAL REGULATIONS FOR RESIDENTIAL DEVELOPMENT......... 105-70

JOINT APPLICATIONS.................................... 105-80

FUTURE SUBDIVISION.................................... 105-90

Special District Designation on Public Parks.......... 105-91

Special Provisions for City-owned Lands................. 105-92

Inter-agency Coordination............................... 105-93

Special Natural Area Districts Specified.............. 105-94

 

12/19/74

Chapter 5

Special Natural Area District

 

105-00

GENERAL PURPOSES

 

The "Special Natural Area District" (hereinafter also referred to as the "Special District"), established in this Resolution, is designed to promote and protect public health, safety and general welfare.  These general goals include, among others, the following specific purposes:

 

(a)                     to guide development in areas of outstanding natural beauty in order to protect, maintain and enhance the natural features of such areas;

 

(b)                     to preserve land having qualities of exceptional recreational or educational value to the public;

 

(c)                     to protect aquatic, biologic, botanic, geologic and topographic features having ecological and conservation values and functions;

 

(d)                     to limit erosion associated with development by conservation of vegetation and protection of natural terrain reduce hillside erosion, landslides and excessive storm water runoff associated with development by conserving vegetation and protecting natural terrain; and

 

(e)                     to preserve hillsides having unique aesthetic value to the public; and

 

(ef)                     to promote the most desirable use of land and the direction of building development in accordance with a well-considered plan, to promote stability of residential development, to promote the character of the district and its peculiar suitability for particular uses, to conserve the value of land and buildings, and thereby to protect the City's tax revenues.

 

12/19/74

105-01

Definitions

 

Definitions specially applicable to this Chapter are set forth in this Section. The definitions of other defined terms are set forth in Section 12-10 (DEFINITIONS). 

 

Area of no disturbance

 

An "area of no disturbance" is an area designated on the site plan that is protected from all types of intrusion, including: #site alteration#, operation of construction equipment, storage of construction materials, excavation or regrading, tunneling for utilities, removal of trees, #topsoil# or any living vegetation, or construction of driveways, #private roads#, parking areas, patios, decks, swimming pools, walkways or other impervious surfaces. #Areas of no disturbance# shall include #steep slopes#, #steep slope buffers# and the #critical root zone# of each tree proposed for preservation.

 

 

 

Average percent of slope

 

The "average percent of slope" of a #zoning lot# is the average slope of all portions of a #zoning lot# excluding #steep slopes# and shall be determined according to the following equation:

 

S = IL x 100

      A 

 

Where:

 

S -  average percent of slope

I -  contour interval in feet

L -                      combined length of contour lines in feet, excluding those portions bordering or lying within areas having a slope of 25 percent or greater and meeting the definition of #steep slope#

A -                      gross area in square feet of the #zoning lot#, excluding those portions of the #zoning lot# having a slope of 25 percent or greater and meeting the definition of #steep slope#

 

100 - factor which yields slope as a percentage                     

 

 

                     CALCULATING AREAS HAVING

                     A SLOPE EQUAL TO OR GREATER THAN 25 PERCENT

                     ILLUSTRATIVE EXAMPLE

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Example:

 

X = Contour interval in feet =  __2_ = 8.0 feet

           0.25                         0.25

Where:

X -                     distance between contour lines which indicates a slope of 25 percent

 

In order to calculate the area having a slope equal to or greater than 25 percent, one can use a map with two-foot contour intervals and a scale of one inch equals 20 feet, such as the map pictured here.  A 25 percent slope, on a map with two-foot contour intervals, is indicated by contour lines that are 8.0 feet apart, rounded to the nearest tenth (0.1) of a foot.  On a map whose scale is one inch to 20 feet, 8.0 feet is represented by 0.4 of an inch, rounded to the nearest tenth (0.1) of an inch.  Identify where the contour lines are 0.4 of an inch or less apart.  Connect these contour lines (as indicated by the heavy lines on the map) and calculate the area.

 

Buildable area

 

A "buildable area" is a portion of a #zoning lot# excluding #steep slopes#.

 

Caliper (of a tree)

 

"Caliper" of a tree is the diameter of a tree trunk measured 4 feet, 6 inches from the ground. If a tree splits into multiple trunks below 4 feet, 6 inches from the ground, the trunk is measured at its most narrow point beneath the split.

 

Critical root zone

 

The "critical root zone" of a tree is the area containing the roots of a tree that must be maintained and protected to ensure the tree's survival. The area of the #critical root zone# is measured as one radial foot for every #caliper# inch of the tree, with a required minimum of four radial feet and maximum of 22 radial feet, measured from the surface of the tree trunk at grade.

 

Development

 

For the purposes of this Chapter, a "development" includes the construction of a new #building or other structure# on a #zoning lot#, the relocation of an existing #building# on another #zoning lot#, the #use# of a tract of land for a new #use#, or an #enlargement# of a non-#residential# building or portion thereof.

 

To "develop" is to create a #development#.

 

Hillside

 

A "hillside" is ground where the ratio of change in elevation to horizontal distance results in a 10 percent or greater slope or #average percent of slope#.

 

Natural feature

 

A "natural feature" is a specific natural feature belonging to one of the types listed in Section 105-10 (NATURAL FEATURES) and existing within a #Special Natural Area District#.

 

Site alteration

 

A "site alteration" is an alteration on any vacant tract of land, #land with minor improvements# or any tract of land containing non-#residential #buildings or other structures# which includes land contour work, topographic modifications, removal of top soil, vegetation, excavating, filling, dumping, changes in existing drainage systems, improvements in public rights-of-way, relocation of erratic boulders or modification of any other #natural features#, whether or not a permit is required from the Department of Buildings, the Department of Transportation or other public agencies.

 

In all #Special Natural Area Districts# other than the NA-3 District, the requirements set forth herein shall not apply to any #site alteration# on a #zoning lot# of less than 40,000 square feet containing #residential buildings# on the effective date of the Special District designation.

 

 

Special Natural Area District

(repeated from Section 12-10)

 

The "Special Natural Area District" is a Special Purpose District designated by the letters "NA", in which special regulations set forth in Article X, Chapter 3 apply to all #developments# or #site alterations#.  The #Special Natural Area District# appears on the #zoning maps# superimposed on other districts, and its regulations supplement or modify those of the districts on which it is superimposed.  The #Special Natural Area District# includes any district whose designation begins with the letters "NA".

 

#Special Natural Area Districts# may be mapped only in areas where outstanding #natural features# or areas of natural beauty are to be protected.  The preservation of such areas is important because they contain areas of special ecological significance: interesting geologic formations such as rock outcrops, unique aquatic features such as tidal wetlands, unique topographic features such as palisades, valleys, and hills, important plant life such as glaciated oak-chestnut forests or because they serve as habitats for native flora and fauna.  A #Special Natural Area District# may include one or more #natural features#.

 

A #public park# may be included in a #Special Natural Area District# only where it is a part of a designated larger natural ecological system.

 

Staging area

 

A "staging area" is any area on a #zoning lot# used during the construction of a #development#, #enlargement# or #site alteration# for the purposes of stockpiling soil or construction materials; storing, cleaning or servicing construction equipment, vehicles or tools; or storing leachable construction products, gases or other materials used to clean or service vehicles, equipment or tools.

 

Steep slope

 

A "steep slope" is a portion of a #zoning lot# with an incline of 25 percent or greater.  However, a portion of a #zoning lot# with an incline of 25 percent or greater shall not be considered a #steep slope# if it occupies an area of less than 200 square feet or has a dimension of less than ten feet, measured along the horizontal plane, unless such portions in the aggregate equal ten percent or more of the area of the #zoning lot#.

 

Steep slope buffer

 

A "steep slope buffer" is a 15-foot wide area having a slope of less than 25 percent that adjoins the entire length of the crest of a #steep slope#.

 

Tier I

 

A "Tier I" #development#, #enlargement# or #site alteration# is any #development#, #enlargement# or #site alteration# that occurs on a #zoning lot# having an #average percent of slope# of less than 10 percent.

 

Tier II

 

A "Tier II" #development#, #enlargement# or #site alteration# is any #development#, #enlargement# or #site altera