[HISTORY: Adopted by the Town Board of the Town of Huntington 4-28-1987 as Section 3 of L.L. No. 3-1987. Amendments noted where applicable.]
GENERAL REFERENCES
Beautification Council — See Ch. 8.
Department of Waste Management — See Ch. 27.
As used in this chapter, unless another meaning is clearly indicated by the context, the following terms shall have the meanings indicated:
COMMUNITY GARDEN
Vacant land upon which the townspeople have the opportunity to garden.
COMMUNITY ORGANIZATION
Without limiting the generality thereof, not-for-profit corporations, unincorporated associations or other nonbusiness organizations desiring to participate in community gardening activities.
USE
To avail oneself of, or to employ without conveyance of title, gardens on vacant lands, by an individual or community organization.
VACANT LAND
Lands in which the town or any special district of which the Town Board is the governing body shall have a fee, leasehold, easement or other rights and interest and which is not presently used, is unoccupied or idle, including open space within the perimeter of a public facility.
All vacant lands shall be available for use as a community garden, except upon a determination of the Town Board that use of such land conflicts with the primary purpose for which the property is held, construction or municipal activity upon the land is imminent or use restrictions explicitly prohibit such use.
A. 
The Director of Planning and Environment shall prepare and maintain an inventory of vacant land. The Director of Environmental Waste Management may recommend the selection of any vacant land for community garden use.
[Amended 7-13-2021 by L.L. No. 35-2021]
B. 
Any resident of the Town of Huntington and any community organization of town youth or senior citizens agency may make written application to the Director of Planning and Environment for the selection of vacant land for community garden use. Thereafter, the Director of Planning and Environment shall prepare a report to the Town Board within 10 days recommending determination by the Town Board as the Director believes warranted.
[Amended 7-13-2021 by L.L. No. 35-2021]
C. 
Upon receipt of any recommendation required by Subsection A or B hereof and upon public notice and hearing, the Town Board shall determine whether to approve or disapprove such vacant land for community gardens use within 45 days after the application is filed.
D. 
In making its determination, the Town Board shall consider at least the following factors:
(1) 
The community which is to be served by the community garden use proposed.
(2) 
The equal opportunity of town residents to participate in the community garden use proposed.
(3) 
Terms of reasonable tenure by users of a proposed community garden.
E. 
The Town Board may deny any application or recommendation for community garden use of any vacant land, if it shall find that such use:
(1) 
Conflicts with the primary purpose for which the vacant land is held.
(2) 
Construction or municipal activity incompatible with community garden uses is imminent.
(3) 
The vacant land is subject to valid and subsisting use restrictions inconsistent with community garden use.
F. 
At any time after October 31 and before May 1 of any year, a user of a community garden may be evicted by the Town Board on 30 days' notice. Notice shall be given by the Town Clerk posting the particular premises and by certified mail to the user. No user shall be evicted from any community garden during the period from May 1 through October 31 of any year, except upon determination by the Town Board that an emergency exists requiring such eviction.
No user of any community garden shall make any exchange of community garden produce to any other person for money; provided, however, that such produce may be bartered or given to another.
A. 
The Director of Environmental Control may promulgate reasonable regulations governing the use of community gardens. Existing regulations governing such use are hereby continued until affected by later action of the Director of Environmental Control. Regulations promulgated hereunder shall not take effect until filed in the office of the Town Clerk.
B. 
The Town Board may establish a schedule of fees to be imposed on users of community gardens to recover the cost of administration of the community gardens program.