Title
Amending Section 14-705 of The Philadelphia Code, entitled “Landscape and Trees” by revising heritage tree removal requirements, all under certain terms and conditions.
Body
THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:
SECTION 1. Title 14 of The Philadelphia Code is hereby amended to read as follows:
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TITLE 14. ZONING AND PLANNING
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CHAPTER 14-700. DEVELOPMENT STANDARDS
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§ 14-705. Landscape and Trees.
(1) On-Site Landscape and Tree Requirements.
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(f) Preservation of Heritage Trees.
The location, DBH, and species of all existing trees shall be included in a landscape and tree plan. Heritage trees may not be removed from any property unless the applicant meets the standards of § 14-705(1)(f)(.1) or obtains a [special exception approval] waiver in accordance with § 14-705(1)(f)(.2).
(.1) A heritage tree may be removed from a property [without a special exception approval], provided that the applicant replaces the removed heritage tree in accordance with § 14-705(1)(g) (Tree Replacement Requirements); and one of the following conditions applies:
(.a) The heritage tree's location meets each of the following conditions:
(i) The lot is less than 70 acres in total size; is zoned I-1, I-2, I-3, or I-P; has a principal Industrial or Wholesale, Distribution, and Storage Use; and includes no Residential uses;
(ii) The tree is at least 75 feet from the nearest street, as measured from the closest point on the tree's trunk at 4.5 feet in height; and
(iii) The tree is at least 75 feet from the nearest lot that is in a Residential (RSD, RSA, RTA, RM, RMX), Commercial (CA), Commercial Mixed-Use (CMX), Special Purpose (SP), or IRMX district, as measured from the closest point on the tree's trunk at 4.5 feet in height.
[(.b) One or both of the following applies to the heritage tree:
(i) a certified arborist report, meeting Planning Commission regulations, that has determined that the tree is dead, damaged, diseased, to such an extent that the tree poses or a threat to public health or safety, or a potential danger to life or property; or
(ii) the Streets Department has determined that the tree interferes with the provision of public services or constitutes a hazard to traffic, bicyclists, or pedestrians.]
[(.c)](.b) The lot is held by the Philadelphia Authority for Industrial Development subject to City requirements pertaining to the Industrial and Commercial Development Fund.
(.2) If the standards of § 14-705(1)(f)(.1) are not met, a heritage tree may not be removed from any property unless the applicant obtains a [special exception approval] waiver in accordance with § 14-705(1)(c)(.8) from the City Planning Commission. The [Zoning Board] City Planning Commission shall grant a [special exception] waiver to remove a heritage tree if it meets both conditions below:
[(.a) The applicant replaces the removed heritage tree in accordance with § 14-705(1)(g) (Tree Replacement Requirements);]
[(.b) It determines that the criteria of § 14-303(7) (Special Exception Approval) have been met; and]
[(.c) The applicant has demonstrated that the proposed development cannot be practically redesigned to protect the heritage tree.]
(.a) The applicant has demonstrated that no feasible alternative exists that preserves the tree; and
(.b) The applicant has submitted a Tree Replacement Plan in accordance with § 14‑705(1)(g), and an In-Lieu Fee in accordance with § 14-705(1)( c)(.9) approved by the City Planning Commission.
(.3) If the standards of § 14-705(1)(f)(.1) or § 14-705(1)(f)(.2) are not met, a heritage tree may not be removed from any property unless one or both of the following applies to the heritage tree:
(.a) A certified arborist report, meeting City Planning Commission regulations, has determined that the tree is dead, damaged, diseased, to such an extent that the tree poses or a threat to public health or safety, or a potential danger to life or property; or
(.b) The Streets Department has determined that the tree interferes with the provision of public services or constitutes a hazard to traffic, bicyclists, or pedestrians.
SECTION 2. This Ordinance shall become effective immediately.
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Explanation:
Italics indicate new matter added.
[Brackets] indicate matter deleted.