[HISTORY: Adopted by the City Council of the City of Springfield 5-9-2012. Amendments
noted where applicable.]
A.
Whereas, access to healthy and affordable food options is a key determinant
of public health outcomes across the socioeconomic spectrum;
B.
Whereas, community garden projects provide satisfying labor and can
be a source of seasonal employment and leadership development for
both adults and youth;
C.
Whereas, community garden projects encourage an urban community's
food security and increase healthy, affordable food access, allowing
residents to grow their own food and make it available to others;
D.
Whereas, community gardens also build community among diverse groups
of neighborhood residents and are a productive and beautifying use
of vacant and/or abandoned land;
E.
Whereas, communities with gardens experience less crime and vandalism
and an increase in property values;
F.
Whereas, community gardens connect people to the environment and
educate community members about sustainable living practices;
G.
Now, therefore, be it resolved that the City of Springfield, Massachusetts
(the "City"), passes this Community Garden Ordinance that establishes
the rules by which stakeholders must follow.
The terms listed below, as included in this chapter, shall have
the following meanings:
Area of land that has been specifically cultivated for agricultural
use; beds may be raised off of the ground level.
Land that is gardened by a group of individuals sharing responsibility
for the site either independently or under the auspices of a public
or nonprofit organization.
Growing food within cities, towns and even village settings;
it is not growing food outside of built human environments.
Preparing and using (land) for crops or gardening; to break
up (soil) in preparation for sowing or planting.
Geologic hazard areas, steep slope areas, flood-prone areas,
wetlands, fish and wildlife habitat conservation areas, and abandoned
landfills.
A group of people operating a community garden; or a micro
enterprise with the purpose of establishing and maintaining a community
garden or residential garden.
See "garden entity."
Any activity associated directly with the cultivation, harvesting,
or maintenance of a community or residential garden.
A type of small business, often registered, having five or
fewer employees and requiring seed capital of not more than $35,000.
Designated contact person for a garden entity.
The Springfield Food Policy Council; constituted in June
2010 and serves as a diverse group of stakeholders that provide a
comprehensive examination and ongoing assessment of the Springfield
food system as well as ongoing recommendations for policy and built
environment solutions to improve access to fresh, affordable and culturally
appropriate food for those who live and work in the City of Springfield.
In all zones, community gardens on all public and private lands
are subject to compliance with all applicable provisions of the Springfield
Zoning Ordinance, and the following provisions:
A.
All gardening activity is allowed from dawn until dusk (provided
that activities are not a nuisance to the abutters (i.e., noise violations,
etc.) every day of the week.
C.
All community gardens on both private and public land will receive
guidelines from the SFPC. Garden entities will also be required to
submit an application to the City of Springfield Planning Department
that addresses any probable impacts, including but not limited to:
D.
Additional guidelines for gardens:
(1)
Water quality and soils. Irrigation runoff cannot adversely affect
adjacent properties, water bodies and environmentally critical areas,
and proposed sediment and erosion control measures.
(2)
Traffic and parking. Impacts related to the number of staff on site
during work hours, and the number of potential visitors regularly
associated with the site, cannot adversely affect abutting properties.
(3)
Visual impacts and screening. Visual impacts relating to the proposed
nature, location, design, and size of proposed features, structures
and activities, including the location of composting activities and
planting areas, and any existing or proposed screening must be addressed
and not adversely affect abutting properties.
(4)
Odor. In all zones, at all times, all garden entities shall be responsible
for maintaining their respective community gardens in compliance with
the Springfield Zoning Ordinance, Article XV, Section 1511.5, relative
to nuisance odors.
(5)
Agricultural chemicals. Impacts related to the use of chemicals,
including any fertilizer and pesticide, cannot adversely affect abutting
properties.
(6)
Mechanical equipment. Impacts related to the operation of equipment,
including noise, odors, and vibration, cannot adversely affect abutting
properties.
(7)
Structures. The structures for residential gardens (i.e., greenhouses
and hoop houses) will comply with state and City regulations and ordinances
pertaining to the neighborhood/lot.
(8)
Insurance. All community gardeners on City-owned land will be required
to sign a "hold harmless" clause with the City.
A.
Trash removal. If necessary, and if resources are available, the
City will provide an initial land clearing for free on City-owned
property.
(1)
Once the garden has been cleared by the City, gardeners are responsible
for getting trash moved to a designated area at the garden site for
the City to collect.
(2)
The City will remove bulk items on City-owned property, if resources
are available, that get illegally dumped after the initial clearing.
(3)
Gardeners are responsible for collecting trash from the lot and the
adjoining sidewalk and putting it in barrels for trash collection.
An annual trash fee will be assessed by the City if municipal trash
collection is desired.
C.
Water.
(1)
The Springfield Water and Sewer Commission ("SWSC") currently waives
sewer disposal fees for accounts that are used for community gardening
purposes.
(2)
If there is an existing water main installed near the lots, the SWSC
may install a water service and/or tap for a fee to be paid by the
community garden entity. Requests for installing a water service and/or
tap must be made within six months of anticipated installation.
(3)
Unless grant funding is found, community gardeners will be responsible
for paying water fees, including the turn-on/turnoff fee and monthly
fees even when the water main is not in use.
D.
Soil/compost.
(1)
The City will work with community gardeners to assist with compost
delivery. Any community garden that desires compost must call or email
and request it from the City. The City will arrange for the delivery
of at least one truckload of compost to each garden in the late spring,
annually, if requested by the above deadline.
(2)
If gardeners plan to compost on site, they must take steps to ensure
that their respective community gardens are in compliance with the
Springfield Zoning Ordinance, Article XV, Section 1511.5, relative
to nuisance odors. Any complaints about compost must be validated
by the City of Springfield Code Enforcement Department.
A.
There will be a designated person on the SFPC Steering Committee
who will be responsible for accepting requests about community gardens.
That person will work with the appropriate City department liaisons
from Housing, Parks and Recreation, and Planning about lots that are
available as requests are received.
B.
If the garden entity is looking for available and City-owned land,
the SFPC will accept requests for community garden lots between the
months of January to May. Lots will be identified with the help of
City departments of Housing, Parks and Recreation, and Planning.
C.
Appropriate lots for community gardening can be made available based
on the following criteria:
(1)
The lot is unlikely to be developed in the foreseeable future.
(2)
There is a water line on or near the property, and/or the buildings
on site have nontoxic roofs so that rainwater catchments are safe
to practice.
(3)
The lot receives adequate sunlight between April and October.
(4)
There is streetlighting nearby.
D.
The SFPC is the liaison between the garden group and the City.
E.
If the community garden is to be located on a publicly owned parcel,
the City or Springfield Redevelopment Authority ("SRA") and the gardeners
shall sign a license and "hold harmless" agreement. Once the "hold
harmless" agreement has been signed and the garden entity successfully
maintains the site in compliance with this chapter for one full season,
the City or SRA shall elect to offer a five-year license agreement
to allow that land to be used as a garden.
F.
In the event that the City has concerns about the condition, operation,
location or maintenance of a community garden, the City shall provide
written notice to the community garden contact person, who shall have
21 days to provide a written response to the City, addressing the
stated concerns. In the event that a written response is not received
by the City within the allotted time period set forth above, or the
concerns set forth in the City's written notice have not been
fully corrected within 30 days of receipt of said notice, the City
reserves to the right to immediately withdraw from the land tenure
agreement.
G.
The City or SRA reserves the right to withdraw from the land tenure
agreement if the following events occur, and shall provide the community
garden contact person with a written forty-five-day notice of its
intent to withdraw:
(1)
If the garden entity fails to uphold the terms and conditions identified
and set forth in the license agreement; or
(2)
If there is significant change in the conditions, neighborhood, marketability,
or opportunity for development that occurs which calls for a different
use of the land. In this circumstance, the City or the SRA shall work
with the gardeners to make best efforts to secure a lot as close as
possible to the garden entity by the next growing season.
A.
Garden entities are permitted to sell excess produce at licensed
venues, provided that food is grown in raised beds that are buffered
from potentially contaminated soil, and the sale of such excess produce
is authorized by the Springfield Zoning Ordinance.
B.
If garden entities test the toxicity of soil and results show that
the soil is clean, raised beds are not required.
Liaison with the Police Department:
A.
All existing community gardens that are listed and shown on the map
created by the SFPC as of August 2011 will be "grandfathered" as an
appropriate use of that current lot as of the date of passage of this
chapter.
B.
Community support for gardening is growing in our City and as funding
becomes available to City departments more resources may be allocated
to gardening as appropriate. In the meantime, research and exploration
into funding in partnership with the City will be prioritized.
