[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.]
As used in this chapter, unless another meaning
is clearly indicated by the context, the following terms shall have
the meanings indicated:
Vacant land upon which the townspeople have the opportunity
to garden.
Without limiting the generality thereof, not-for-profit corporations,
unincorporated associations or other nonbusiness organizations desiring
to participate in community gardening activities.
To avail oneself of, or to employ without conveyance of title,
gardens on vacant lands, by an individual or community organization.
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]
D.
In making its determination, the Town Board shall
consider at least the following factors:
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:
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.
The town may make such contributions of its
resources to the development of community gardens on terms consistent
with law.
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.
