§ 18-139 Notification prior to planting of trees.

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.

§ 18-140 Stormwater retention planting manual.

   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.

§ 18-141 Native biodiversity planting practices.

   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.