New York City Council Header
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 alteration# that occurs on a #zoning lot# having an #average percent of slope# equal to or greater than 10 percent.

 

Topsoil

 

"Topsoil" is soil containing undisturbed humus and organic matter capable of sustaining vigorous plant growth and is generally the top six inches of soil.

 

Tree credit

 

A "tree credit" is a credit for preserving an existing tree of six-inch #caliper# or more that is counted towards a tree preservation requirement, or a credit for a newly-planted tree of three-inch #caliper# or more that is counted towards a tree planting requirement.

 

Tree protection plan

 

A "tree protection plan" is a plan that modifies the #area of no disturbance# around a tree proposed for preservation while protecting and preserving the tree during construction. A #tree protection plan# is prepared by an arborist certified by the International Society of Arborculturists (ISA) or equivalent professional organization that includes:

 

(a)                     a survey of the current condition and health of such trees of six-inch #caliper# or more;

 

(b)                     methods for tree protection and preservation based on best management practices, including the prevention of damage due to compaction, grade and drainage pattern changes and tunneling for utilities;

 

(c)                     a schedule for site monitoring during construction;

 

(d)                     a procedure to communicate protection measures to contractor and workers; and

 

(e)                     post-construction treatment.

 

12/19/74

 

105-02

General Provisions

 

In harmony with the general purpose and intent of this Resolution and the general purposes of the #Special Natural Area District#, the regulations of the districts upon which this Special District is superimposed are supplemented or modified in accordance with the provisions of this Chapter, in order to protect outstanding #natural features# described herein.  Except as modified by the express provisions of this Chapter, the regulations of the underlying district remain in effect.

 

The provisions of this Chapter shall apply to:

                     

 

(a)                     any #development# on a #zoning lot#, #enlargement# or 

 

(b)                     any #site alteration# on a #zoning lot#;

 

(cb)                     any subdivision of a #zoning lot# existing on the effective date of the Special District designation into two or more #zoning lots#; and

 

(dc)                     any public improvement projects located within the #Special Natural Area District#, which shall be subject to the provisions of Sections 105-92(Special Provisions for City-owned Lands) and 105-93 (Inter-agency Coordination), except for any such projects which were approved by the Board of Estimate prior to the effective date of the Special District designation.

 

Prior to issuance by the Department of Buildings, Department of Transportation, Department of Environmental Protection or other

cCity or State agencies, of a permit for any #development#, #enlargement# or #site alteration# within a #Special Natural Area District#, or for any #site alteration# for which no permit is required by the Department of Buildings  Department of Transportation, Department of Environmental Protection or other

cCity or State agencies, an application shall be submitted to the City Planning Commission for review and approval pursuant to Section 105-40 (SPECIAL REVIEW PROVISIONS), except those #developments#, #enlargements# and #site alterations# that are not subject to the provisions of Section 105-40, as specified in Section 105-021 (Actions not requiring special review).

 

Any authorization or special permit granted by the City Planning Commission after July 18, 1995, pursuant to the provisions of this Chapter, may be started or continued, in accordance with the terms thereof, or as such terms may be subsequently modified, pursuant to the regulations in effect at the time such authorization or special permit was granted, subject to the provisions of Sections 11-42 (Lapse of Authorization or Special Permit Granted by the City Planning Commission Pursuant to the 1961 Zoning Resolution) and 11-43 (Renewal of Authorization or Special Permit).

 

When a #zoning lot# existing on the effective date of the Special District designation is subdivided into two or more #zoning lots#, an application shall be submitted to the Commission for review and approval pursuant to Section 105-90 (FUTURE SUBDIVISION).

 

Nothing contained in this Chapter shall be understood to supersede scenic landmark designations of the New York City Landmarks Preservation Commission.

 

Except in the #Special Natural Area District#-3 (NA-3), the provisions of this Chapter shall not apply to a #zoning lot# for which a building permit application was filed prior to October 15, 1974 with the Department of Buildings, and building permits pursuant thereto are issued no later than October 15, 1975, provided that such #zoning lot# is not modified in size, that there are no substantial amendments to building plans after October 15, 1974 and that substantial construction of foundations

 

For #site alterations# on a #zoning lot# of more than 40,000 square feet containing #residential buildings# on the effective date of the #Special Natural Area District# designation, a plan for such #site alterations# shall be filed by the owner of the #zoning lot# with the Commission for approval.  In the event such #site alteration# work has impact on the #natural features# existing on the #zoning lot#, the Commission may require the applicant to comply with the provisions of Section 105-021 (Requirements for application) and Section 105-40 of this Chapter.

 

6/23/77

105-021

Actions not requiring special review

The special review requirements of Section 105-40 (Special Review Provisions) of this Chapter shall not apply to the following:

 

(a)                      a #site alteration# on a #zoning lot# containing #buildings or other structures#, or a #development# or #enlargement# on any #zoning lot#, provided that such #zoning lots# shall have:

 

(1)                      not more than 10,000 square feet of #lot area#;

 

(2)                     an #average percent of slope# of less than 10 percent;

 

(3)                     no significant #natural features#, and the resulting #development#, #enlargement# or #site alteration# can satisfy the requirements of Section 105-30 (PRESERVATION OF NATURAL FEATURES), inclusive;

 

(4)                     the resulting #development#, #enlargement# or #site alteration# shall not exceed 2,500 square feet of #lot coverage#; and

 

(5)                     no Notice of Restriction or Restrictive Declaration recorded against the title of such property;

 

(b)                     any #site alteration#, on a #zoning lot# containing a #residential building# in existence on the effective date of the Special District designation, involving a structure that does not require a permit from the Department of Buildings, including, but not limited to swimming pools, garden sheds and fences, provided that:

 

(1)                     any modification of topography for the footprint, foundation, or grading around the footprint of such structure, shall not exceed two feet of cut or fill; and

 

(2)                      no tree of six-inch #caliper# or greater shall be removed and the #critical root zone# of such tree shall be an #area of no disturbance# on any #zoning lot#.

 

105-021 2

Requirements for application

 

An application to the City Planning Commission for certification, authorization or special permit and to the Department of Buildings respecting any #development#, #enlargement# or #site alteration#, to be made within any #Special Natural Area District#, shall include the following:

 

(a)                     a survey map prepared by a registered surveyor showing topography at two foot intervals, location, caliper and species of individual trees of 6 inch caliper or more,

 

a survey map prepared by a licensed surveyor showing topography at two-foot contour intervals and indicating the #average percent of slope#, the existing slope of the land, as it occurs, in categories of 10-14 percent, 15-19 percent, 20-24 percent, 25 percent and greater; the location of existing #buildings or other structures#, patios, decks, swimming pools, walkways, driveways and #private roads#, including sidewalks and other impervious surfaces; and the location, #caliper# and species of all trees of six-inch #caliper# or more on the #zoning lot# and in the sidewalk area of the adjacent #streets#, location of geologic features, boundaries of steep slopes, aquatic features, and botanic environments, as enumerated in Section 105-11 (Description of Natural Features);

 

(b)                     photographs showing the location and condition of such #natural features# for verification with pre-existing aerial survey and/or other photographs for each #Special Natural Area District#;

 

(c)                     site plans showing the proposed #site alteration# or #development#;

 

a site plan prepared by a registered architect or professional engineer indicating the location of all existing #buildings or other structures#; the location of all proposed #buildings or other structures#; the location of existing and proposed patios, decks, swimming pools, walkways, driveways and #private roads#, including sidewalks and other impervious surfaces; the location of any #steep slopes#, #steep slope buffer# areas and the #staging area#;  and the location, #caliper# and species of all trees of six-inch #caliper# or more on the #zoning lot# and in the sidewalk area of the adjacent #streets#. The site plan shall identify those trees proposed to be removed and those trees proposed to be preserved, indicating, for the latter, the #critical root zone# and in addition, for Tier II #developments#, #enlargements# and #site alterations#, the location of any other #area of no disturbance#;

 

(d)                     a drainage plan and soil report prepared by a registered professional engineer, when necessary to assess whether or not there will be major impact on #natural features#; and . The drainage plan shall describe the temporary (during construction) and permanent measures to collect, direct and discharge stormwater drainage from the site, indicating the direction of drainage flow and providing detailed plans and locations of all surface and subsurface drainage devices, walls, dams, sediment basins, stormwater storage (detention and retention) facilities, and other drainage facilities and protective devices. Such report shall include an estimate of runoff from the site after completion of any proposed #development#, #enlargement# or #site alteration# and provide a description with supporting information of the manner in which the proposed #development#,#enlargement# or #site alteration# complies with the requirements of Local Law 103 of 1988;

 

(e)                     a grading plan showing all existing and proposed contours at two-foot intervals, critical spot elevations, tops and bottoms of proposed slopes over 10 percent gradient and will indicate at least one longitudinal and one latitudinal cross-section showing both the original and proposed final ground surfaces, with grades, slopes and elevations noted;

 

(f)                     a landscaping and revegetation plan, prepared by a registered landscape architect, indicating the extent of vegetation and #topsoil# removal required for site preparation and development and the location and species of all new plantings;

 

(e g)                     any other information necessary to evaluate the request. ; and

 

(h)                     for #developments#, #enlargements# and #site alterations# on #Tier II# sites, the application shall also include:

 

(1)                     an alignment and paving plan for any #private road# with a typical cross-section; and

 

(2)                     a construction plan prepared by a registered landscape architect, registered architect, licensed surveyor or professional engineer showing the proposed location for the #staging area#, the proposed method for protecting trees, understory shrubs and ground cover during construction, as well as a description of the equipment to be employed in processing and disposing of soil and other material to be removed from the site; and if the #critical root zone# is proposed to be modified, a #tree protection plan# for any tree proposed for preservation.

 

For a #site alteration#,#enlargement# or #development# within any #Special Natural Area District#, the Commission may modify one or more requirements set forth in paragraphs (a) through ( d h) of this Section, when such modification is requested by the applicant in writing and when the Commission determines that the requirements are unnecessary for evaluation purposes.

 

Appendix B of this Chapter should be used as a guide to assist in the preparation of the surveyor's map identifying the #natural features# on the survey required in this Section.

 

The applicant's submission shall also include a statement admitting authorized Department of City Planning personnel to the site for the purposes of recording or verifying survey data.

 

The Commission shall act within 60 days after receipt of a completed application.  Where a permit is required for a #development#, #enlargement# or #site alteration# within a #Special Natural Area District# from any City or State agency, an application for such permit shall be filed simultaneously with such agency and the Commission.

 

In the event a City agency involved in issuing permits has failed to act or there is disagreement among agencies concerning requirements within their jurisdiction for a #development#, the matter shall be resolved pursuant to Section 105-93 (Inter-agency Coordination), within 90 days after the application is filed by the Director of the Department of City Planning with the Inter-agency Board of Conservation of Natural Features.

 

 

12/19/74

 

Note:                     Former Section 105-022 (Action by the Board of Estimate) was previously deleted administratively

 

105-023

Relationship to public improvement projects

 

In all cases, the City Planning Commission shall deny an application, whenever the #development#,#enlargement# or #site alteration# will interfere with a public improvement project (including highways, public buildings or facilities, redevelopment or renewal projects, or rights-of-way for sewers, transit or other public facilities) which has been approved by the Board of Estimate, City Council or the City Planning Commission or the Site Selection Board.

 

105-10

NATURAL FEATURES

 

105-11

Description of Natural Features

 

All #natural features