The Duane Community Garden Bill Reintroduced for 2001-2002, The NY State Assembly Bills 2001-2002 in Support of Community Gardens
- To: "'c*@treebranch.com'"
- Subject: [cg] The Duane Community Garden Bill Reintroduced for 2001-2002, The NY State Assembly Bills 2001-2002 in Support of Community Gardens
- From: H* A*
- Date: Thu, 19 Apr 2001 19:04:46 -0400
Friends,
Happy NY State Legislative Season 2001-2002! Do we let these lovely
progressive community garden bills languish in committee, once again, or do
we make enough noise in this election year to actually get these bills to
the floor for a vote?
Letters, emails and phone calls to your NYS Senators
http://www.senate.state.ny.us/
and NYS Assembly Representatives http://assembly.state.ny.us/ would be
highly appropriate. All of their information can be gleaned from these
links.
New rule: No whining about bulldozers and Rudy Giuliani allowed unless you
lobby your representatives, and the appropriate committee chairs on all of
these bills. Committee whos?
It's all there in the websites.
You will, of course bug any and all NYC Council representatives and wanna
bees about City Council Intro 742/3 and send lots of mail to NYC Council
Speaker Vallone asking him, the mayoral candidate to let the bill get to the
floor of the NYC Council.
http://www.council.nyc.ny.us/index.html
Speaker Vallone:
http://www.council.nyc.ny.us/council/qs.htm
Keep those cards, letters and e-mails coming!
Best wishes for a lovely legislative season,
Adam Honigman
This is Senate Bill #2035, NY State Senator, Tom Duane's bill requiring new
reviews of undisposed NYC land used as greenthumb community gardens to be
reviewed under the Universal Land Use Review Procedure. The NYS Assembly
Bill is # 5999.
Also attached for your reading pleasure are NYS Assembly Bills:
#1173 "AN ACT to amend the agriculture and markets law, in relation to
providing assistance for community gardens"
#5819 "AN ACT to dedicate community gardens as parkland in the city of
New York"
#1716A "AN ACT to dedicate community gardens as parkland in the state
of New York"
#2154 " AN ACT to amend the environmental conservation law, in relation
to the definition of historic preservation project". The key section of
this bill is at lines 4-18 :
4 "Historic preservation project" means a project undertaken by a
5 municipality or a not-for-profit corporation to
acquire, improve,
6 restore or rehabilitate property listed on the state or
national regis-
7 ters of historic places, including, but not limited to,
projects at
8 zoos, botanical gardens, and aquaria, to protect the
historic, cultural,
9 archeological, or architectural significance thereof, or
undertaken by
10 the office of parks, recreation and historic preservation
to improve,
11 restore or rehabilitate state historic properties listed on
the state or
12 national registers of historic places to protect the
historical,
13 cultural or architectural significance thereof OR PROJECTS
AT COMMUNITY
14 GARDENS. FOR PURPOSES OF THIS SUBDIVISION, A COMMUNITY
GARDEN SHALL MEAN
15 ANY PARCEL OF LAND CURRENTLY OWNED BY A MUNICIPALITY OR ITS
AGENCY OR
16 AUTHORITY THAT IS OR WAS PERMITTED TO BE USED BY RESIDENTS
AS A COMMUNAL
17 GARDENING SPACE FOR AN INTERIM OR DESIGNATED PERIOD OF TIME
AND WHICH IS
18 CURRENTLY FOR SALE BY THE MUNICIPALITY.
Letters, emails and phone calls to your NYS Senate
http://www.senate.state.ny.us/
and NYS Assembly http://assembly.state.ny.us/ Representatives would be
highly appropriate. All of their information can be gleaned from these
links.
The full text of the bills listed above:
S T A T E O F N E W Y O R K
________________________________________________________________________
2035
2001-2002 Regular Sessions
I N S E N A T E
February 1, 2001
___________
Introduced by Sen. DUANE -- read twice and ordered printed, and when
printed to be committed to the Committee on Cities
AN ACT to amend the New York city charter, in relation to requiring a
new review pursuant to the uniform land use review procedure for New
York city-owned real property used as a greenthumb community garden
where such real property has not been disposed of within a ten-year
period from such review
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 384 of the New York city charter is amended by
2 adding a new subdivision c to read as follows:
3 C. 1. FOR THE PURPOSES OF THIS SUBDIVISION, "GREENTHUMB COMMUNITY
4 GARDEN" SHALL MEAN ANY CITY-OWNED REAL PROPERTY WHICH AS OF APRIL FIRST,
5 NINETEEN HUNDRED NINETY-EIGHT WAS USED IN A PROGRAM AUTHORIZED BY
6 SECTION NINETY-SIX OF THE GENERAL MUNICIPAL LAW WHERE TECHNICAL ASSIST-
7 ANCE WAS PROVIDED BY ONE OR MORE CITY AGENCIES OR DEPARTMENTS AND ANY
8 CITY-OWNED REAL PROPERTY USED IN SUCH A PROGRAM AFTER THAT DATE.
9 2. WHERE AN APPLICATION FOR THE SALE, LEASE, EXCHANGE OR OTHER DISPO-
10 SITION OF A GREENTHUMB COMMUNITY GARDEN HAS BEEN OR IS APPROVED IN
11 ACCORDANCE WITH SECTION ONE HUNDRED NINETY-SEVEN-C OF THIS CHARTER AND,
12 WHERE APPLICABLE, SECTION ONE HUNDRED NINETY-SEVEN-D OF THIS CHARTER,
13 AND THE DISPOSITION OF SUCH REAL PROPERTY HAS NOT BEEN OR IS NOT
14 COMPLETED WITHIN TEN YEARS OF SUCH APPROVAL, THE MAYOR SHALL NOTIFY THE
15 COUNCIL IN WRITING OF THE FAILURE TO COMPLETE SUCH DISPOSITION. SUCH
16 NOTICE SHALL BE PROVIDED WITHIN THIRTY DAYS AFTER THE TEN-YEAR PERIOD
17 HAS ELAPSED OR THE EFFECTIVE DATE OF THIS PARAGRAPH, WHICHEVER IS LATER,
18 AND SHALL IDENTIFY ALL SUCH GREENTHUMB COMMUNITY GARDENS BY STREET
19 ADDRESS, TAX BLOCK AND TAX LOT, INDICATE THE COMMUNITY DISTRICT OR
20 DISTRICTS WITHIN WHICH SUCH GREENTHUMB COMMUNITY GARDEN IS LOCATED, AND
21 THE AGENCY HAVING JURISDICTION OF SUCH GREENTHUMB COMMUNITY GARDEN. NO
22 SALE, LEASE, EXCHANGE OR OTHER DISPOSITION OF ANY GREENTHUMB COMMUNITY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
{ } is old law to be omitted.
LBD00871-01-1
PAGE-2
1 GARDEN FOR WHICH SUCH NOTICE IS REQUIRED MAY BE COMPLETED UNTIL SUCH
2 TIME AS THE COUNCIL SHALL HAVE COMPLETED ITS REVIEW IN ACCORDANCE WITH
3 PARAGRAPH THREE OF THIS SUBDIVISION OR THE PERIOD FOR SUCH REVIEW HAS
4 ELAPSED.
5 3. WITHIN FIFTY DAYS FROM RECEIPT OF SUCH NOTIFICATION, THE COUNCIL
6 MAY BY AN AFFIRMATIVE VOTE OF TWO-THIRDS OF ALL THE COUNCIL MEMBERS
7 RESCIND THE PREVIOUSLY APPROVED AUTHORIZATION FOR THE SALE, LEASE,
8 EXCHANGE OR OTHER DISPOSITION OF SUCH GREENTHUMB COMMUNITY GARDEN WITH
9 THE EXCEPTION OF ANY PROVISIONS OF SUCH APPROVAL THAT IMPOSED ANY
10 RESTRICTIONS ON THAT DISPOSITION NOT RELATED TO THE LAND USE IMPACT AND
11 IMPLICATIONS OF THAT DISPOSITION AND WITH THE FURTHER EXCEPTION THAT THE
12 COUNCIL MAY NOT RESCIND ANY PROVISION OF A PREVIOUSLY APPROVED AUTHORI-
13 ZATION FOR THE SALE, LEASE, EXCHANGE OR OTHER DISPOSITION OF A GREEN-
14 THUMB COMMUNITY GARDEN WHERE SUCH DISPOSITION WAS DIRECTLY RELATED TO OR
15 CONTINGENT UPON THE DISPOSITION OF ANY OTHER REAL PROPERTY.
16 S 2. This act shall take effect immediately.
============================================================================
====
BILL NUMBER: S2035
PURPOSE : To authorize City Council review of ULURP applications
involving greenthumb community gardens where the real property subject
to such review has not been conveyed or otherwise transferred within
ten or more years from such review.
SUMMARY OF PROVISIONS : Defines greenthumb community garden as
city-owned real property which, as of April 1, 1998, was used in a
program authorized by section 96 of the General Municipal Law where
technical assistance was provided by one or more city agencies or
departments and any city-owned real property used in such a program
after that date.
Provides that where a greenthumb community garden was the subject of
the uniform land use review procedure (ULURP) in accordance with
section 197-c and, where applicable, section 197-d of the New York
City Charter, and where the disposition of such real property has not
been or is not completed within ten years of such approval, the mayor
shall notify the Council in writing of the failure to complete such
disposition. Such notice shall identify all such greenthumb community
gardens by street address, tax block and tax lot, community district
or districts within which such gardens are located and the agency
having jurisdiction of such garden. No sale, lease, exchange or other
disposition of any garden for which such notice is required may be
completed until such time as the Council shall have completed its
review or the period for such review has elapsed.
EXISTING LAW : Many parcels of city-owned property in use as
greenthumb community gardens were the subject of ULURP applications
approved by the Board of Estimate ten or more years ago. As the Board
of Estimate's land use authority is now exercised by the City Council
and the circumstances present when these ULURP determinations were
made may have changed, the Council should have the option of
re-visiting these ULURP determinations on a case-by-case basis.
JUSTIFICATION : There are many communities in the five boroughs of
New York City which have limited open space and are underserved by
traditional park land. New York City has one of the lowest open space
ratios for residents of any metropolitan area - 2.5 acres per one
thousand residents. Thirty-three of the city's fifty-nine Community
Districts do not even meet these meager standards. Community groups
have responded to the dearth of open space by developing greenthumb
community gardens in city-owned vacant lots and trash-strewn spaces
that have been neglected. Neighborhood volunteers have contributed
considerable effort to make greenthumb community gardens a vital
component of neighborhood quality of life. Today, there are over 700
successful greenthumb community gardens in New York City.
PRIOR LEGISLATIVE HISTORY : New bill.
FISCAL IMPLICATIONS : None.
EFFECTIVE DATE : This act shall take effect immediately.
============================================================================
====
NY State Assembly Bill # 5999:
S T A T E O F N E W Y O R K
________________________________________________________________________
5999
2001-2002 Regular Sessions
I N A S S E M B L Y
March 5, 2001
___________
Introduced by M. of A. BRENNAN -- Multi-Sponsored by -- M.
of A. CLARK,
COOK, DINOWITZ, ESPAILLAT, GLICK, GOTTFRIED, GRANNIS,
GREEN, HIKIND,
JACOBS, KLEIN, MARKEY, MILLMAN, ORTIZ, PERRY, PHEFFER,
RHODD-CUMMINGS,
SANDERS, SCARBOROUGH, STRINGER, VITALIANO, WEINSTEIN --
read once and
referred to the Committee on Cities
AN ACT to amend the New York city charter, in relation to
requiring a
new review pursuant to the uniform land use review
procedure for New
York city-owned real property used as a greenthumb
community garden
where such real property has not been disposed of
within a ten-year
period from such review
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE
AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 384 of the New York city charter
is amended by
2 adding a new subdivision c to read as follows:
3 C. 1. FOR THE PURPOSES OF THIS SUBDIVISION,
"GREENTHUMB COMMUNITY
4 GARDEN" SHALL MEAN ANY CITY-OWNED REAL PROPERTY WHICH AS OF
APRIL FIRST,
5 NINETEEN HUNDRED NINETY-EIGHT WAS USED IN A PROGRAM
AUTHORIZED BY
6 SECTION NINETY-SIX OF THE GENERAL MUNICIPAL LAW WHERE
TECHNICAL ASSIST-
7 ANCE WAS PROVIDED BY ONE OR MORE CITY AGENCIES OR
DEPARTMENTS AND ANY
8 CITY-OWNED REAL PROPERTY USED IN SUCH A PROGRAM AFTER THAT
DATE.
9 2. WHERE AN APPLICATION FOR THE SALE, LEASE, EXCHANGE OR
OTHER DISPO-
10 SITION OF A GREENTHUMB COMMUNITY GARDEN HAS BEEN OR IS
APPROVED IN
11 ACCORDANCE WITH SECTION ONE HUNDRED NINETY-SEVEN-C OF THIS
CHARTER AND,
12 WHERE APPLICABLE, SECTION ONE HUNDRED NINETY-SEVEN-D OF
THIS CHARTER,
13 AND THE DISPOSITION OF SUCH REAL PROPERTY HAS NOT BEEN
OR IS NOT
14 COMPLETED WITHIN TEN YEARS OF SUCH APPROVAL, THE MAYOR
SHALL NOTIFY THE
15 COUNCIL IN WRITING OF THE FAILURE TO COMPLETE SUCH
DISPOSITION. SUCH
16 NOTICE SHALL BE PROVIDED WITHIN THIRTY DAYS AFTER THE
TEN-YEAR PERIOD
17 HAS ELAPSED OR THE EFFECTIVE DATE OF THIS PARAGRAPH,
WHICHEVER IS LATER,
18 AND SHALL IDENTIFY ALL SUCH GREENTHUMB COMMUNITY GARDENS
BY STREET
19 ADDRESS, TAX BLOCK AND TAX LOT, INDICATE THE COMMUNITY
DISTRICT OR
EXPLANATION--Matter in ITALICS (underscored) is new; matter
in brackets
{ } is old law to be omitted.
LBD00871-01-1
A. 5999 2
1 DISTRICTS WITHIN WHICH SUCH GREENTHUMB COMMUNITY GARDEN IS
LOCATED, AND
2 THE AGENCY HAVING JURISDICTION OF SUCH GREENTHUMB
COMMUNITY GARDEN. NO
3 SALE, LEASE, EXCHANGE OR OTHER DISPOSITION OF ANY
GREENTHUMB COMMUNITY
4 GARDEN FOR WHICH SUCH NOTICE IS REQUIRED MAY BE
COMPLETED UNTIL SUCH
5 TIME AS THE COUNCIL SHALL HAVE COMPLETED ITS REVIEW IN
ACCORDANCE WITH
6 PARAGRAPH THREE OF THIS SUBDIVISION OR THE PERIOD FOR
SUCH REVIEW HAS
7 ELAPSED.
8 3. WITHIN FIFTY DAYS FROM RECEIPT OF SUCH NOTIFICATION,
THE COUNCIL
9 MAY BY AN AFFIRMATIVE VOTE OF TWO-THIRDS OF ALL THE
COUNCIL MEMBERS
10 RESCIND THE PREVIOUSLY APPROVED AUTHORIZATION FOR THE
SALE, LEASE,
11 EXCHANGE OR OTHER DISPOSITION OF SUCH GREENTHUMB COMMUNITY
GARDEN WITH
12 THE EXCEPTION OF ANY PROVISIONS OF SUCH APPROVAL THAT
IMPOSED ANY
13 RESTRICTIONS ON THAT DISPOSITION NOT RELATED TO THE LAND
USE IMPACT AND
14 IMPLICATIONS OF THAT DISPOSITION AND WITH THE FURTHER
EXCEPTION THAT THE
15 COUNCIL MAY NOT RESCIND ANY PROVISION OF A PREVIOUSLY
APPROVED AUTHORI-
16 ZATION FOR THE SALE, LEASE, EXCHANGE OR OTHER DISPOSITION
OF A GREEN-
17 THUMB COMMUNITY GARDEN WHERE SUCH DISPOSITION WAS DIRECTLY
RELATED TO OR
18 CONTINGENT UPON THE DISPOSITION OF ANY OTHER REAL PROPERTY.
19 S 2. This act shall take effect immediately.
.SO DOC A 5999 *END* BTXT
2001
Thursday, April 19, 2001
Bill Text - A01173
Back | New York State Bill Search | Assembly
Home
See Bill Summary
S T A T E O F N E W Y O R K
________________________________________________________________________
1173
2001-2002 Regular Sessions
I N A S S E M B L Y
January 10, 2001
___________
Introduced by M. of A. COOK, DAVIS, ORTIZ -- Multi-Sponsored
by -- M. of
A. AUBRY, BRENNAN, GLICK, JACOBS, SCARBOROUGH, WRIGHT --
read once and
referred to the Committee on Cities
AN ACT to amend the agriculture and markets law, in
relation to provid-
ing assistance for community gardens
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE
AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The agriculture and markets law is amended by
adding a new
2 section 31-j to read as follows:
3 S 31-J. SALE OF COMMUNITY GARDENS PROPERTY IN CERTAIN
CITIES. IN ANY
4 CITY WITH A POPULATION OF ONE MILLION OR MORE, WHENEVER
SUCH CITY SELLS
5 OR LEASES PROPERTY WHICH WAS USED AS A COMMUNITY GARDEN
PURSUANT TO AN
6 AGREEMENT WITH THE CITY AT ANY TIME WITHIN FIVE YEARS PRIOR
TO SUCH SALE
7 OR LEASE, THE CITY SHALL DEPOSIT FIVE PERCENT OF THE
PROCEEDS FROM SUCH
8 SALE OR LEASE INTO A SEPARATE ACCOUNT TO BE DESIGNATED THE
"COMMUNITY
9 GARDENS ACCOUNT". FUNDS IN SUCH ACCOUNT SHALL BE USED FOR
THE PURPOSES
10 OF PURCHASING PROPERTY TO BE USED AS COMMUNITY
GARDENS, PROVIDING
11 SUPPLIES AND MATERIALS NEEDED BY COMMUNITY GARDENS AND
PROVIDING TECHNI-
12 CAL AND FINANCIAL ASSISTANCE TO NOT-FOR-PROFIT
ASSOCIATIONS, NEIGHBOR-
13 HOOD ASSOCIATIONS, SCHOOLS AND OTHER GROUPS THAT SPONSOR OR
PROPOSE TO
14 SPONSOR A COMMUNITY GARDEN.
15 S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter
in brackets
{ } is old law to be omitted.
LBD00535-01-1
.SO DOC A 1173 *END* BTXT
2001
Thursday, April 19, 2001
Bill Text - A05819
Back | New York State Bill Search | Assembly
Home
See Bill Summary
S T A T E O F N E W Y O R K
________________________________________________________________________
5819
2001-2002 Regular Sessions
I N A S S E M B L Y
March 1, 2001
___________
Introduced by M. of A. BRENNAN, A. COHEN, GLICK,
KLEIN, DINOWITZ,
STRINGER -- Multi-Sponsored by -- M. of A. COLTON, COOK,
DIAZ, ESPAIL-
LAT, GRANNIS, GREEN, JACOBS, LAFAYETTE, MILLMAN, PERRY,
P. RIVERA,
SCARBOROUGH, WRIGHT -- read once and referred to the
Committee on
Cities
AN ACT to dedicate community gardens as parkland in the city
of New York
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE
AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Legislative findings. The legislature
hereby finds that
2 community gardens in New York city are valuable to the
preservation of
3 the quality of life in such communities. Hundreds of
vacant lots have
4 been transformed from places of blight and criminal
activity into
5 productive spaces offering beautiful flower and vegetable
gardens and
6 recreational areas for use by community residents of all
ages. Such
7 transformations have been at the initiative and
responsibility of commu-
8 nity volunteers. Such volunteers have been able to
transform abandoned
9 lots into plots offering park and recreational benefits at
a cost far
10 below what it would have cost the city of New York to do.
Such community
11 gardens were developed by volunteers in response to
the city`s own
12 neglect or failure to remedy such areas of urban blight.
13 The 1995 New York State Open Space Plan indicated that
open space is
14 critically missing in New York city where millions of
people live and
15 recreate. The plan found that two thirds of the
community planning
16 districts fall below the New York city standard of 2.5
acres per 1000
17 persons and are thus underserved by public open space.
Approximately
18 one half of the city`s community planning districts have
less than 1.5
19 acres per 1000 persons including most of Brooklyn, some of
Manhattan,
20 the Bronx and Queens. The plan calls for equity for
communities and
21 neighborhoods in New York city that are underserved by open
space as an
22 important public policy goal. Small parcels of open
space are easily
23 accessible to large numbers of people and have a greater
value to urban
EXPLANATION--Matter in ITALICS (underscored) is new; matter
in brackets
{ } is old law to be omitted.
LBD06363-01-1
A. 5819 2
1 dwellers than many acres of land that are not accessible.
Lands, which
2 in an urban area can be used for community gardens or
neighborhood parks
3 and open spaces are as significant to the environmental
health of city
4 residents as areas in pristine environmental condition are
to people in
5 rural areas.
6 In recognition of the importance of such places to the
community and
7 its quality of life, the legislature hereby declares
community gardens
8 as parkland of the city of New York and further finds that
such communi-
9 ty gardens cannot be sold or developed by the city of New
York without
10 the approval of the community board in whose district
the community
11 garden is situated.
12 S 2. Notwithstanding any inconsistent provision of law,
lots commonly
13 referred to as community gardens, which have been leased by
the city of
14 New York to community residents for use as a community
garden or for
15 recreation purposes for at least one year prior to the
effective date of
16 this act shall be dedicated as parkland of the city of
New York. Such
17 parkland shall not be developed or sold by the city of New
York unless
18 the community board which has jurisdiction over the
location of the
19 garden approves the plot`s withdrawal from the community
garden program.
20 S 3. This act shall take effect immediately.
.SO DOC A 5819 *END* BTXT
2001
S T A T E O F N E W Y O R K
________________________________________________________________________
1716--A
2001-2002 Regular Sessions
I N S E N A T E
January 29, 2001
___________
Introduced by Sens. SAMPSON, HASSELL-THOMPSON, LACHMAN,
MARKOWITZ, MONT-
GOMERY, SANTIAGO, A. SMITH, M. SMITH -- read twice and
ordered print-
ed, and when printed to be committed to the Committee on
Cities --
committee discharged, bill amended, ordered reprinted as
amended and
recommitted to said committee
AN ACT to dedicate community gardens as parkland in the
state of New
York
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN
SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Legislative findings and declaration. The
legislature
2 hereby finds and declares that preservation of community
gardens in the
3 state of New York is a matter of state concern. Community
gardens are
4 valuable to the preservation of the quality of life in New
York state.
5 Hundreds of vacant lots have been transformed from places of
blight and
6 criminal activity into productive spaces offering
beautiful flower and
7 vegetable gardens and recreational areas for use by
community residents
8 of all ages. Such transformations have been at the
initiative and
9 responsibility of community volunteers. Such volunteers have
been able
10 to transform abandoned lots into plots offering park and
recreational
11 benefits at a cost far below what it would have cost the
state or the
12 local municipalities to do. Such community gardens were
developed by
13 volunteers in response to urban blight in their areas.
14 Small parcels of open space in local municipalities are
easily acces-
15 sible to large numbers of people and have a greater value to
urban dwel-
16 lers than many acres of land that are not accessible. Lands,
which in an
17 urban area can be used for community gardens or
neighborhood parks and
18 open spaces are as significant to the environmental health
of municipal
19 residents as areas in pristine environmental condition are
to people in
20 rural areas.
21 In recognition of the importance of such places to the
state and its
22 quality of life, the legislature hereby finds and
declares community
EXPLANATION--Matter in ITALICS (underscored) is new; matter
in brackets
{ } is old law to be omitted.
LBD06363-02-1
S. 1716--A 2
1 gardens as parkland of the State of New York and further
finds that such
2 community gardens cannot be sold or developed by any local
municipality
3 without the approval of the local zoning board or in the
case of any
4 city having a population of one million or more without
the permission
5 of the community board in whose district the community
garden is situ-
6 ated.
7 S 2. Notwithstanding any inconsistent provision of law,
lots commonly
8 referred to as community gardens, which have been leased by
any local
9 municipality in the state of New York to community
residents for use as
10 a community garden or for recreation purposes for at
least one year
11 prior to the effective date of this act shall be dedicated
as parkland
12 in the municipality wherein such community garden exists.
Such parkland
13 shall not be developed or sold unless the local zoning
board, or in the
14 case of cities having a population of one million or more,
the community
15 board that has jurisdiction over the location of the garden
approves the
16 plot`s withdrawal from the community garden program.
17 S 3. This act shall take effect immediately.
.SO DOC S 1716A *END* BTXT
2001
S T A T E O F N E W Y O R K
________________________________________________________________________
2154
2001-2002 Regular Sessions
I N S E N A T E
February 5, 2001
___________
Introduced by Sens. MONTGOMERY, CONNOR, GENTILE, HEVESI,
KRUGER, LACH-
MAN, MARKOWITZ, OPPENHEIMER, PATERSON, SAMPSON,
SCHNEIDERMAN, M. SMITH
-- read twice and ordered printed, and when printed to be
committed to
the Committee on Water Resources
AN ACT to amend the environmental conservation law, in
relation to the
definition of historic preservation project
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN
SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 13 of section 56-0101 of the
environmental
2 conservation law, as added by chapter 413 of the laws
of 1996, is
3 amended to read as follows:
4 13. "Historic preservation project" means a project
undertaken by a
5 municipality or a not-for-profit corporation to
acquire, improve,
6 restore or rehabilitate property listed on the state or
national regis-
7 ters of historic places, including, but not limited to,
projects at
8 zoos, botanical gardens, and aquaria, to protect the
historic, cultural,
9 archeological, or architectural significance thereof, or
undertaken by
10 the office of parks, recreation and historic preservation
to improve,
11 restore or rehabilitate state historic properties listed on
the state or
12 national registers of historic places to protect the
historical,
13 cultural or architectural significance thereof OR PROJECTS
AT COMMUNITY
14 GARDENS. FOR PURPOSES OF THIS SUBDIVISION, A COMMUNITY
GARDEN SHALL MEAN
15 ANY PARCEL OF LAND CURRENTLY OWNED BY A MUNICIPALITY OR ITS
AGENCY OR
16 AUTHORITY THAT IS OR WAS PERMITTED TO BE USED BY RESIDENTS
AS A COMMUNAL
17 GARDENING SPACE FOR AN INTERIM OR DESIGNATED PERIOD OF TIME
AND WHICH IS
18 CURRENTLY FOR SALE BY THE MUNICIPALITY.
19 S 2. This act shall take effect immediately and shall
be deemed to
20 have been in full force and effect on and after January 1,
2001.
EXPLANATION--Matter in ITALICS (underscored) is new; matter
in brackets
{ } is old law to be omitted.
LBD03274-01-1
.SO DOC S 2154 *END* BTXT
2001
_______________________________________________
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