A permanent community garden is hereby established within the Borough of Little Silver to be located at Sickles Park and shall be designated as the Little Silver Borough Community Garden.
The community garden shall be managed by the Little Silver Environmental Commission (the "Commission"), who shall enforce the rules and regulations set forth in this chapter under the direction of the Borough Administrator. The Commission shall require gardeners to sign a use agreement to supplement the rules and regulations set forth in this chapter, provided that the Borough Administrator has approved the terms of the use agreement. Fees for the usage of the community garden shall be collected by the Borough and deposited into the Borough's Open Space Trust Fund.
The community garden is available to all residents of the Borough, ages 18 and over, on a first-come, first-served basis for the purpose of growing fruits and vegetables, flowers and herbs. The community garden is also available to nonresidents provided there are plots available after registration has been open to residents for 30 days. Residents and nonresidents may rent for one year at a time. Each person renting a plot shall be required to enter into an agreement governing the use of the plot(s) with the Borough of Little Silver.
No person shall be permitted to maintain a plot in the Little Silver Community Garden unless they have registered for the plot, signed the required agreements and paid the applicable fee.
The annual fee for rental of a 4'x 30' flat bed or raised bed shall be $50.00 for a resident and $75.00 for a nonresident. Fees are payable to the Borough of Little Silver, are nonrefundable and must be paid at the time of registration for the plot.
No more than one plot may be rented by a household unless after registration has been open for 60 days, open plots remain.
The use of the Little Silver Community Garden will be subject to the following rules and regulations:
Hours: Dawn to dusk. Gates must be kept closed and locked at all times.
Season: May 1 through November 15 or as otherwise established by the Commission. Cultivation and planting must be started by June 1 and plots must be tended through the time of fall cleanup. Persons renting plots are expected to spend at least two hours per week on plot maintenance in order to cultivate a productive and attractive garden plot.
Parking: In designated areas only.
Structures: Elaborate garden structures, fountains or the use of multiple decorative items is prohibited. The Commission must approve any structures or decorative items used in an individual plot to be sure that such structures do not shade adjacent plots.
Weeds: All waste, weeds, etc. shall be disposed of off site except for compostable matter which may be disposed of in areas designated by the Commission.
Water: Water from the watering spigots provided in the community garden is nonpotable and is for use in the garden only. Hoses will be provided. Water must be securely turned off after each use.
Fertilizers and Pesticides. The use of nonorganic pesticides, fungicides, herbicides and fertilizers is prohibited.
Pets: Pets and other animals are prohibited at all times.
Smoking: Smoking is prohibited at all times.
No invasive species or corn may be planted in the community garden without the consent of the Commission.
All persons using the Little Silver Community Garden assume any and all risks associated with the use of the community garden. Prior to use of the community garden, each person shall execute and deliver to the Borough an agreement for the use of the Community Garden which shall contain hold harmless and indemnification language.
Use of the community garden is a privilege. The Borough reserves the right to revoke the use of the community garden by any person for failure to observe the rules and regulations established in this chapter or by the Commission. Upon violation of any rule or regulation, a written notice will be issued and the violator will be given a reasonable opportunity to correct the violation. If the violation does not cease or is not cured within 14 days, a second written notice will be issued. If the violation has not ceased or been cured within 14 days of the second notice, the use of the community garden for the remainder of the season may be revoked and the plot may be reassigned. Any person whose permission to use a plot is revoked may appeal the decision to the Borough Administrator, who shall hold a hearing on the matter within 15 days of the revocation.