§ 42-05 Garden Review Process.
RCNY § 42-05
(a)HPD will comply with the Garden Review Process before any Transfer.
(b)Under the Garden Review Process: (1) HPD will notify the Garden Contact Person and the Alternate Garden Contact Person of the proposed Transfer. Such notice may, but will not be required to, be included within the Alternate Site Notice.
(2)HPD will provide an Alternate Site Notice to the Garden Contact Person and Alternate Garden Contact Person. a. The Garden Contact Person may select one site from the Alternate Site List for relocation of the Garden and inform HPD and GreenThumb of such selection in writing within 45 calendar days after the date of the Alternate Site Notice. b. The offer contained in the Alternate Site Notice will be deemed rejected, and the Garden Contact Person will have no further right to select a site from the Alternate Site List for relocation of the Garden if (i) HPD and GreenThumb do not receive, within 45 calendar days after the date of the Alternate Site Notice, written notice from the Garden Contact Person that the Gardening Group has selected a site from the Alternate Site List for relocation of the Garden, or (ii) HPD or GreenThumb receives written notice from the Garden Contact Person at any time that the Gardening Group will not select a site from the Alternate Site List for relocation of the Garden. c. If the Alternate Site List states that there is no available City-owned vacant land within one-half mile of the Lot upon which the existing Garden is located, or within the community district in which such Lot is located if there is no City-owned vacant land within one half mile of the Lot, the provisions of 28 RCNY § 42-05(b)(2)(a) and (b)(2)(b) will not apply.
(3)Any site on the Alternate Site List will be offered "as is," and a Gardening Group will be responsible for performing all necessary work on such lot. DPR will, upon request and contingent upon staff availability and resources, assist the Gardening Group with its relocation and gardening efforts at the alternate site. The City will offer the Gardening Group an opportunity to register with GreenThumb for the alternate site, and once registered, obtain a License.
(4)Before any Transfer, HPD will prepare a Garden Review Statement that includes the following, to the extent that such information exists and/or is contained in HPD's files: a. a description of each affected Lot (including the address, block, and lot of such Lot) and the existing Garden located thereon; b. the name, address, and telephone number of the Garden Contact Person and Alternate Garden Contact Person; c. the date that GreenThumb licensed each affected Lot for the first time; d. copies of the most recent Registration form submitted to GreenThumb by the Garden Contact Person; the two most recent site visit forms prepared by GreenThumb; and at least two photographs of the existing Garden; e. the Alternate Site List and a statement of whether the Garden Contact Person has accepted or rejected any sites on such Alternate Site List; and f. a description of any proposed Transfer of each affected Lot. g. A description provided by the Gardening Group of any programs, activities and events in, and existing features of, the Garden. The above description, which shall be no more than four legal size pages in length, will be included in the Garden Review Statement if submitted to HPD before submission of any application for approval as set forth in 28 RCNY § 42-05(b)(6).
(5)HPD will send a Garden Review Statement to the Garden Contact Person, the Alternate Garden Contact Person, the council member for the council district in which the Garden is located and the community board of the community district in which the Garden is located by written notice not less than 45 calendar days before any Transfer. The sending of such notice will constitute notice of the proposed Transfer.
(6)HPD will include a Garden Review Statement in any application for approval of a Transfer pursuant to Section 197-c of the Charter, in any application to the City Council or the Mayor for approval of a Transfer pursuant to Article 15 of the General Municipal Law, Article 16 of the General Municipal Law, or Article XI of the Private Housing Finance Law, and in any application to a Borough Board for approval of a Transfer pursuant to Section 384(b)(4) of the Charter.
(c)If the Transfer of a Lot is disapproved through an applicable public review process, a Garden may remain on such Lot, subject to Registration, execution of a License, and compliance with all GreenThumb program requirements, until approval of a future Transfer of such Lot. Any new approval of such future Transfer will be subject to the Garden Review Process.
(d)In order to facilitate the Transfer of a Lot, HPD may, by notice to the Garden Contact Person and Alternate Garden Contact Person at any time after the Transfer of such Lot is approved through the applicable public review process, terminate or decline to renew the License and direct the Gardening Group to vacate the Lot.
