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 1
4-700. DEVELOPMENT STANDARDS
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§ 14-
705. Landscape and Trees.
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)]
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.