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a. Except as provided herein, any concession under the jurisdiction of the commissioner, and any restaurant located within any park that is the subject of a lease or other agreement between the department and a not-for-profit corporation relating to the restoration and maintenance of the park in which such restaurant is located, other than seasonal concessions of under forty-five days in duration in a calendar year, shall have specific boundaries which shall be indicated on a map of the park in which such concession or restaurant is located. No such concession or restaurant shall extend beyond the boundaries indicated on such map. The department shall visibly mark the authorized boundaries of each such concession or restaurant and shall maintain such markings, unless all boundaries of such concession or restaurant are within a building or similar stationary structure or marking a boundary is not practicable because the terrain does not allow for such marking. The department shall determine how such markings shall be made and any such marking shall be consistent with any law, rule, regulation or determination of the landmarks preservation commission and the public design commission. This subdivision shall not apply to any concession authorized to occupy a ground space of less than two hundred square feet, to occupy an area greater than two acres, or to operate in locations in three or more boroughs, nor shall this subdivision apply to any concession that is expressly authorized to move its location pursuant to the terms of the applicable concession agreement. The location of a concession or restaurant subject to the provisions of this subdivision shall also be marked on a map of the park or parks in which such concession or restaurant is located which map shall be made available on the city of New York's website within one year of the effective date of this section. However, any concession or restaurant covered by this subdivision where the concession agreement, lease or other agreement is entered into or renewed following the effective date of this section, shall have such maps posted within sixty days of the execution or renewal of the relevant concession or lease agreement. It shall not be a violation of this section where the moving of any such boundary was done pursuant to the direction of an authorized employee of any applicable city agency.
b. Any person who violates the provisions of subdivision a of this section by exceeding the authorized boundaries of a concession or boundaries for the location of a restaurant subject to the provisions of this section shall be liable for a civil penalty of not less than two hundred dollars nor more than one thousand dollars for each such violation. Such civil penalty shall be in addition to any penalty imposed pursuant to a concession agreement with the department.
Except as provided herein, not less than thirty days prior and not more than one hundred twenty days prior to the commencement of the planting of a tree under the jurisdiction of the department on a sidewalk that is within one hundred feet of any entrance or exit of any school or hospital, the department shall provide written notification of such planting by either facsimile, regular mail, electronic mail or by personal service to the office of the principal or designated representative of such school, or the administrator or designated representative of such hospital. Notifications pursuant to this section made by regular mail shall be placed into the United States mail not less than forty days prior to the commencement of planting of any such tree.
a. Not later than November 1, 2013, the commissioner shall promulgate a stormwater retention manual applicable to all plantings conducted by the department that shall maximize the use of stormwater retentive plantings. Such manual shall, at a minimum:
1. identify plants suitable for the purpose of facilitating stormwater retention and describe their qualities, including, but not limited to, the appropriate hydrological and soil conditions, necessary sunlight, drought and salt water tolerance, coloring, shade cover, compatibility with other plants and usefulness as a habitat;
2. identify suitable planting materials, soil types and mulch, for the purpose of facilitating stormwater retention; and
3. set forth guidelines for the planning and organization of plantings, including the appropriate mixes of plants.
b. The manuals developed pursuant to this section shall be accessible for use by property owners and professional land managers to increase stormwater retention and shall be made available on-line on the department's website.
c. All plantings conducted by the department after May 1, 2014, shall conform to the stormwater retention planting manual.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2013/010.
a. Increased native biodiversity. By November 1, 2013, the department shall revise its design manual to increase biodiversity in its landscape practices. Such practices shall maximize the use of native plantings and drought and salt tolerant plantings, as appropriate, and minimize the presence of exotic monocultures on all city-owned property, including green streets, medians, sidewalks, parks and other areas where plantings occur. Where native plant species are not appropriate, such practices shall require the use of any plant species that has not been determined to be an invasive plant species by the New York state department of environmental conservation or by the department, or determined to be a noxious weed by the New York state department of agriculture and markets. Such manual shall include:
1. a native species planting guide, to be updated at least every five years, that lists the qualities of native species suitable for planting in the city of New York, including, but not limited to, the appropriate hydrological and soil conditions, necessary sunlight, drought and salt water tolerance, coloring, shade cover, compatibility with other plants and usefulness as a habitat; and
2. a list of alternative native species for commonly used non-native species.
b. The manual developed pursuant to this section shall be accessible for use by property owners and professional land managers to increase biodiversity and the use of native species, and shall be made available on-line on the department's website. For purposes of this section only, "native species" shall mean, with respect to a particular ecosystem, a species that, other than as the result of introduction, historically occurred or currently occurs in that ecosystem.
c. All plantings conducted by the department after May 1, 2014, shall conform to the design manual promulgated or drafted pursuant to this section. Each calendar year from 2015 to 2019, inclusive, the department shall review the effectiveness of the use of its design manual to increase native biodiversity in public plantings and shall issue a report to the mayor and the council documenting the number and location of all native species plantings in the prior year, including efforts made by the department to utilize local genotypes, and a description of the department's plans for increasing the diversity of native species in the city.
d. Exemption. Botanic gardens and public institutions who possess plants for educational, scientific, historic or collection purposes and take precautions to prevent non-native species from going to seed or spreading beyond the existing planting shall be exempt from the requirements of this section.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2013/011.
a. The department, in consultation with the office of emergency management, department of sanitation, local electric corporations, and other utility corporations identified by the department, shall develop a protocol for the removal of trees on city property that have been downed or damaged as a result of severe weather events. Such protocol shall require the department:
1. to establish effective means of communication with local electric corporations and other utility corporations identified by the department, so that the department is notified in a timely manner (i) of downed or damaged trees that have fallen on powered electrical wires or cables, and (ii) whether it is safe to remove such trees;
2. to effectively coordinate city personnel engaged in tree removal on city property, upon receiving information regarding the status of downed or damaged trees;
3. to establish a system whereby each report of downed or damaged trees is provided with a unique identifier or tracking number and a method to notify the local electric corporation and other utility corporations identified by the department when a downed or damaged tree on city property has been removed; and
4. to establish a system whereby department personnel engaged in tree removal may be deployed with local electric corporation or other utility corporation personnel, if practicable, to assess and remove downed or damaged trees that have fallen on powered electrical wires or cables.
b. The department shall publish prominently on its website as soon as is practicable after a severe weather event information instructing persons how to notify the city of downed or damaged trees or downed wires.
c. The department shall submit a description of such protocol to the mayor and the speaker of the council, and publish such description prominently on its website, within one hundred eighty days after the enactment of the local law that added this subdivision.
(L.L. 2015/021, 3/18/2015, eff. 6/16/2015)
a. The commissioner shall submit a report to the mayor and the speaker of the city council on or before May 1 of each year identifying:
1. park facilities, including but not limited to playgrounds, beaches, and pools, that have features specifically designed to be used by people with disabilities, and the location of such features;
2. (i) park facilities that have been assessed during the immediately preceding calendar year for their compliance with the 2010 standards for accessible design, or where applicable, the uniform federal accessible standards or the 1991 Americans with disabilities act standards for accessible design;
(ii) whether such assessment was performed in response to a complaint from a member of the public or in connection with plans to perform construction work;
(iii) the findings from such assessment as to what actions need to be undertaken to address accessibility; and
(iv) the plans that have been made to address accessibility based on such assessment;
3. work undertaken within the immediately preceding calendar year to bring parks facilities into compliance with such standards; and
4. work planned to be undertaken during the current calendar year to bring parks facilities into compliance with such standards.
b. Such report shall include the address or location of each facility described.
c. Nothing in this section shall be deemed to require that the department undertake construction or alterations that would not be required by such act or such standards.
(L.L. 2015/073, 8/10/2015, eff. 8/10/2015)
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