§ 18-106 Tree planting; permission of commissioner of transportation.

In performing the duties required by sections 18-104 and 18-105 of this title, the commissioner shall not make openings or excavations in any street for the purpose of planting or cultivating trees, without having first obtained the written approval of the commissioner of transportation nor shall any tree be so planted as to permanently interfere with the ordinary usage of the street, nor shall the planting be performed in any case so as to injure or impair any sewer, drain, water pipe, or other structure erected by legal authority.

§ 18-107 Replacement of trees.

   a.   Any person that intends to remove any tree that is within the jurisdiction of the commissioner, shall obtain a permit from the department prior to such removal.

   b.   The department shall charge a fee for each permit issued pursuant to this section, which shall be sufficient to cover the cost of replacing any tree proposed to be removed. In applying for a permit pursuant to this section, a person shall specify whether such person intends to plant replacement trees as directed by the department or have the department plant replacement trees. If replacement trees are to be planted by the person applying for the permit and are planted as directed by the department, then the department shall return such fee to such person upon completion of such planting. In all other cases, the department shall retain such fee for purposes of planting replacement trees.

   c.   Upon determining that a person may be issued a permit pursuant to this section, the department shall inform such person in writing of the fee required, the number and size of the replacement trees to be planted, the method used in making these calculations, and the period of time prescribed by subdivision d or f of this section during which replacement trees shall be planted. Such information shall be provided to such person not more than ninety days following the filing of a completed application for such permit.

   d.   The location of replacement tree planting and the timing of such planting shall be as determined by the department horticultural officer, provided, however, that such replacement shall be made within sixty days after the project is completed or in the next ensuing spring or fall season after the project is completed or earlier as agreed by such person and the department. To the extent practicable, replacement trees shall be planted within the same community district from which the trees that were the subject of the permit were removed.

   e.   The department shall promulgate such rules as may be necessary to implement the provisions of this section, including but not limited to rules governing the fee to be paid to the department and any method used to calculate the number and size of the replacement trees required to be planted, provided that:

      1.   Such replacement trees shall, at a minimum, equal one caliper inch of replacement tree for each caliper inch of tree removed;

      2.   The number of caliper inches of replacement trees to be required in zoning districts R1, R2 and R3 shall be no greater than twice the number of caliper inches removed; and

      3.   In promulgating such rules, the department shall comply with guidelines set forth in the most recent version of the guide for plant appraisal, published by the council of tree and landscape appraisers on or before December 31, 2017, provided that the department shall review each update to such standards and guide to determine whether any new rules should be promulgated consistent with such updated standards and guide.

   f.   The provisions of this section shall apply to all city agencies, including the department, provided, however, that (i) no city agency or city contractor or subcontractor shall be required to pay a fee to the department, (ii) a tree site plan shall be developed by the department in consultation with the responsible city agency or agencies regarding the location of replacement trees prior to issuance of the permit, and (iii) replacement of trees by any city agency or city contractor or subcontractor shall be made not more than eighteen months from the date the project is completed.

(Am. L.L. 2021/141, 12/11/2021, eff. 6/9/2022)

§ 18-108 Public beaches; jurisdiction.

All public beaches laid out on the map or plan of the city shall be under the jurisdiction of the commissioner. The commissioner shall also have charge of the care and maintenance thereof and shall prominently post each beach as having "polluted waters not recommended for bathing" as periodically determined by the commissioner of health.