[Adopted 7-8-2021 by Ord. No. 21-16]
The terms 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 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 village settings; 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.
City of Trenton Department of Housing and Economic Development.
Geologic hazard areas, steep slope areas, flood-prone areas,
wetlands, fish and wildlife habitat conservation areas, and abandoned
landfills.
A group of people operating with the purpose of establishing
and maintaining a community garden.
Any activity associated directly with the cultivation, harvesting,
or maintenance of a community or residential garden.
Designated contact person for a garden entity.
In all zones, community gardens on all public lands are subject
to compliance with all applicable provisions of the Code of the City
of Trenton, as well as the following provisions:
A.
All gardening activity is allowed daily from dawn until dusk, provided
that activities are not a nuisance to the abutters and do not violate
any provisions of the Trenton City Code (i.e., noise violations, etc.).
B.
Gardeners may not conduct any business transactions of any kind for
a fee, free, or otherwise in a community garden without prior written
approval from the Director of the Department or a designee. This shall
include, but not be limited to, farmers' markets and other produce
sales.
D.
All garden entities will be required to submit an application to
the Department or a designated management entity that addresses any
probable impacts, including but not limited to:
(1)
The proposed site for a community garden.
(2)
A disclosure of any intent to spray or otherwise apply agricultural
chemicals or pesticides, frequency and duration of application, and
the plants, diseases, pests or other purposes they are intended for.
(Note that permission to do so must be obtained from the Director
of the Department or a designee.)
(3)
Any individual, organization, or group shall complete an online application
identifying the particular garden area for which they desire to become
responsible and shall identify the name and address of a designated
point of contact. Any change in the point of contact must be filed
with the Department.
(4)
The applicant shall identify a plan for the continuous care, maintenance,
and use of the garden.
(5)
Applicants must hold the City harmless and indemnify the City from
liability for activities performed in connection with the Community
Garden Program.
(6)
There shall be no application fee for the Community Garden Program.
E.
Application review. The application shall be reviewed by the Department
and, at the discretion of the Director or a designated management
entity, forwarded to any other appropriate departments, divisions,
or other entities of this City for review and comment as to the feasibility
and compatibility of the individual, organization, or group participating
in the cleanup and care program.
(1)
Approval of applications shall be at the sole discretion of the Director
or a designee based on the following criteria:
(a)
The lot is unlikely to be developed in the foreseeable future.
(b)
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.
(c)
The lot receives adequate sunlight between April and October.
(d)
There is adequate streetlighting nearby.
(e)
The suggested site has the capacity for both membership and
sustainability.
(2)
If the community garden is to be located on a publicly owned parcel,
the Director of the Department (or a designee) and the gardeners shall
sign a license and a hold harmless agreement. Once the license and
the hold harmless agreement have been signed and the garden entity
successfully maintains the site in compliance with this chapter for
one full season, the Department shall elect to offer a three-year
license agreement to allow that land to be used as a garden. Optional
subsequent renewals of one year's duration based on mutual consent
from the City of Trenton at the discretion of the Director or a designee
and the garden entity or group.
(3)
In the event that the City has concerns about the condition, operation,
location or maintenance of a community garden, the Director or a designee
shall provide written notice to the community garden's designated
point of contact, who shall have 14 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,
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.
(4)
The City and/or Department reserves the right to withdraw from the
land tenure agreement if the following events occur, and shall provide
the community garden point of contact with a written 30-day notice
of its intent to withdraw:
(a)
If the garden entity fails to uphold the terms and conditions
identified and set forth in the license agreement; or
(b)
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 Director
of the Department or a designee 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.
F.
Additional guidelines for community gardens.
(1)
Water quality and soils. Irrigation runoff cannot adversely affect
adjacent properties, water bodies and environmentally critical areas,
and/or proposed sediment and erosion control measures.
(2)
Traffic and parking. Impacts related to the number of gardeners on
site during work hours and the number of potential visitors regularly
associated with the site cannot adversely affect abutting properties.
All relevant parking provisions of the Code of the City of Trenton
must be followed, and no vehicle shall be parked in or on an area
designated as a community garden.
(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 and noise. In all zones and at all times, all garden entities shall be responsible for maintaining their respective community gardens in compliance with the Code of the City of Trenton. Garden entities must comply with all applicable provisions of the Trenton City Code, with special attention to Chapters 38, Brush, Grass and Weeds; 54, City-Owned Property; 132, Housing Standards; 150, Littering; 167, Noise; 171, Nuisances; 193, Parks and Recreation Areas; 201, Peace and Good Order; and 312, Yard Waste.
(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. No heavy machinery should be used at a community garden
site.
(7)
Structures. Any structures for community gardens (e.g., greenhouses
and hoop houses) will comply with state and City regulations and ordinances
pertaining to the neighborhood and/or lot.
(8)
Liability. All community gardeners on City-owned land will be required
to sign a hold harmless clause with the City. No individual, organization,
or group who performs any work or services under this community gardens
program shall be deemed to be an employee of the City of Trenton,
but instead volunteers, and the City shall be held harmless from any
negligent or careless acts of the individual, organization, or group
in the performance of any functions under the program.
A garden entity shall not engage in or do the following activities
upon the community garden:
A.
Park, store, repair, or maintain cars, trailers, boats, or any other
vehicle.
B.
Plant trees, unless otherwise approved by the Director of the Department
or a designee.
C.
Place or construct any permanent structures on the site of the community
garden, including but not limited to pools, car ports or garages,
sheds, paving materials (concrete, asphalt, etc.), playground equipment,
etc.
D.
Place or store refuse, debris, construction materials, junk, excessive
garden decorations, or personal belongings.
E.
Rent, lease, sublet, sell, or assign the garden to any person or
organization.
F.
Remove the City signage indicating that the space has been approved
as a community garden.
G.
Conduct religious services.
H.
Serve or consume alcoholic beverages or any illicit or banned drugs.
I.
Allow pets or any other animals to be housed, to roam freely, or
to be unleashed. Pet owners must clean up after their animals.
J.
Make any fire.
A.
Trash removal.
B.
Appearance.
(1)
Gardeners must maintain the site and all plant life. This includes cutting of the grass and overgrown vegetation, as well as removal of trash and debris. Gardeners should consult Chapter 38, Brush, Grass, and Weeds, for specifications.
(2)
The garden entity is required to properly keep up with the maintenance
of the lot, which means the grass should be cut and the yard kept
free of trash, debris, and refuse. Vegetable and/or flower gardens
are permitted, provided they are kept neat, watered as necessary,
and removed if/when they die at the end of the growing season.
(3)
At the end of the growing season, all garden beds shall be cleared,
cultivated, and/or removed as appropriate.
C.
Water.
(1)
If there is an existing water main installed near the lots, the City
of Trenton 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
and shall be fulfilled at the discretion of the Director or a designee.
(2)
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 and compost.
(1)
If feasible, as determined by the Department, the City will work
with community gardeners to assist with compost delivery. Any community
garden that desires compost must request it from the Department. If
compost is available for delivery, the Department will arrange for
the delivery of at least one truckload of compost to each garden in
the late spring, annually.
(2)
If gardeners plan to compost on site, they must ensure that their
respective community gardens are in compliance with the Code of the
City of Trenton relative to any nuisance odors or sights. Any complaints
about compost must be validated by the Department.
A.
The Director of the Department or a designee will forward to the
City of Trenton Police Department, on a rolling basis, a list of community
gardens with contact information for each point of contact so the
Police Department knows the land is not abandoned and who to contact
in case of emergency.
B.
Police shall take notice of community garden sites when they drive
by and investigate any suspicious circumstances as appropriate and
necessary.
A.
Any existing community gardens that are currently active will be
accepted as an appropriate use of that lot as of the date of passage
of this chapter.
B.
As community support grows and funding becomes available, more resources
may be allocated to the Community Gardens Program. The City shall
not be obligated to supply any tools, equipment, supplies, or personnel
for this program. Any and all tools, equipment or supplies shall be
furnished by the garden entity.
