§ 6-01 Definitions.
RCNY § 6-01
As used in this chapter, the following terms will have the meanings set forth below: "Accelerated Default." A Default based in whole or in part upon any conduct, activity, or condition occurring in or immediately adjacent to the Lot and caused by the Gardening Group or circumstances under its control that (i) is contrary to law, (ii) constitutes a public nuisance, or (iii) affects, or poses a threat to, the health or safety of the community in which the Lot and Garden are located. "Alternate Garden Contact Person." An individual registered with GreenThumb as the secondary representative of a Gardening Group. "Alternate Site List." Either (i) a list of available City-owned vacant land within one-half mile of the Lot upon which an existing Garden is located, including the address, block and lot, and approximate size of each parcel of land contained therein; (ii) where there is no such available City-owned vacant land within one half mile of such Lot, a list of available City-owned vacant land within the community district in which such Lot is located, including the address, block and lot, and approximate size of each parcel of land contained therein; or (iii) a statement that there is no available City-owned vacant land within either one half mile of such Lot or within the community district in which such Lot is located. "Alternate Site Notice." A notice that transmits an Alternate Site List to a Garden Contact Person and Alternate Garden Contact Person and, if such Alternate Site List contains available City-owned vacant land, states that (i) the Garden Contact Person may select any site from such Alternate Site List and inform the Department and GreenThumb of such selection in writing within 45 days after the date of such notice, (ii) failure to inform the Department and GreenThumb of the selection of a site from the Alternate Site List within 45 days after the date of such notice will be deemed to be a rejection of the offer, (iii) rejection of the offer may result in a Transfer without relocation of the Garden, and (iv) if the Garden Contact Person accepts a site from the Alternate Site List, GreenThumb will offer an opportunity to register and license such new site. The Alternate Site List may be incorporated into the text of, and will in any event be deemed to be incorporated by reference in, the Alternate Site Notice. "City." The City of New York. "Default." A Gardening Group's failure or refusal to (i) comply with GreenThumb Registration requirements, (ii) complete the Registration process, (iii) comply with the terms of its Registration, (iv) comply with GreenThumb License requirements, (v) enter into a License, or (vi) comply with its License. "Default Notice." A notice from the Department or an Other Agency directing a Gardening Group to cure an Accelerated Default within 30 days after the date of such notice or a notice to cure a Default within 6 months after the date of such notice. Copies of such notices shall be sent to 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. "Garden." A community garden that is registered and licensed with GreenThumb and located on a Lot. "Garden Contact Person." An individual registered with GreenThumb as the primary representative of a Gardening Group. "Garden Review Process." The process set forth in 56 RCNY § 6-05 to be followed in connection with the Transfer of any Lot. "Garden Review Statement." A written statement, prepared by the Department in accordance with 56 RCNY § 6-05(b)(4), describing a Lot, the existing Garden on such Lot, and the proposed Transfer of such Lot. "Gardening Group." An organized group of individuals who maintain a Garden and are collectively represented by the Garden Contact Person. The Garden Contact Person shall by April 15 of each calendar year provide a list to GreenThumb of the names and contact information for all members of the Gardening Group. "GreenThumb." A division within the Department responsible for the City's urban gardening program. "License." An agreement between the Department or an Other Agency and a Licensee providing a license to operate a Garden on a Lot for a set term subject to requirements set forth therein, unless earlier terminated. "Licensee." A Gardening Group, acting through its Garden Contact Person, pursuant to a License. "Lot." A parcel of City-owned land under the jurisdiction of the Department that contains a Garden at any time on or after September 17, 2010. "New Garden." A community garden on available City-owned land identified on or after the effective date of this chapter and accepted for registration and licensing as a community garden by GreenThumb and transferred to the Department by the agency having jurisdiction over such City-owned land. "Other Agency." A governmental agency or entity other than the Department. "Retention Agreement." A written agreement between the City, acting by and through the Department or an Other Agency and a Gardening Group, acting by and through its Garden Contact Person, providing for (i) the retention of part or all of a Garden as a community garden and/or open space as part of a project to be developed, or (ii) the relocation of the Garden to an alternate site. Gardens that are retained or relocated pursuant to a Retention Agreement remain subject to the GreenThumb Registration and License requirements and this chapter. "Registration." Written acknowledgment by GreenThumb that a Gardening Group has complied with the criteria set forth by the Department to demonstrate eligibility for a License pursuant to 56 RCNY § 6-03. "Transfer." The conveyance of a Lot or, with regard to any Lot under the jurisdiction of the Department, the transfer of jurisdiction over such Lot to an Other Agency for the purpose of devoting such Lot to a use other than as a garden or open space. "Uncured Default." A Default that remains uncured six months after the date of a Default Notice or an Accelerated Default that remains uncured 30 days after the date of a Default Notice.
