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"refined" version of Anna Wasescha's posting of policies, ordinances, etc.


I "cleaned up" the email below for myself and other people I wanted to share
it  with before seeing Oliver Ginsberg's request.  Anyway, here it is,
Oliver and others!

Amy Sanger
Program Assistant
Community Gardening Program
City of San Josť Department of Parks, Recreation and Neighborhood Services
1295 Johnson Avenue
San Josť, CA   95129
(408) 277-4573




From: "Anna Wasescha" <ariel@tc.umn.edu <mailto:ariel@tc.umn.edu> >
To: <community_garden@mallorn.com <mailto:community_garden@mallorn.com> >
Date: Thu, 18 Jan 2001 19:38:00 -0600
Subject: [cg] policies, ordinances and other measures to protect green space


Here is a set of examples of how different cities around the country have
taken up the battle of securing and protecting open green space and gardens.
Thanks to Lenny Librizzi for collecting this information and sending it to
me for circulation to the ACGA listserve.  Here it goes:

OPEN SPACE AND COMMUNITY GARDEN POLICIES, ZONING AND  PLANNING FROM OTHER
CITIES

Information compiled by Lenny Librizzi for the GreenThumb Grow Together
Workshop
Lessons From Community Gardening Programs In Other Cities   March 20, 1999.
There are notable examples of comprehensive plans, zoning regulations, open
space policies and goals from other cities that could be modeled by New York
City in developing community garden policies and long term protections. The
examples that are included are a resolution and goals from the comprehensive
plan for Seattle, a draft of the General Plan for Berkeley, zoning
regulations from Boston and an open space policy from Chicago that creates
an organization that can acquire and preserve open space.  Comprehensive
Plans
Seattle is a city that has a 20 year comprehensive plan that includes
community gardens and sets up specific goals for a community garden for each
2500 households. The following is a resolution passed by the city council
and a chart from the comprehensive plan that outlines the open space goals.
It is important to note that the Seattle P- patch program is a municipal run
program in the Department of Neighborhoods. There is also a Friends of
P-Patch group that lobbies the City Council extensively and was instrumental
in getting the resolution passed and  community gardens included in their
comprehensive plan. 

RESOLUTION -28610
A RESOLUTION declaring the City of Seattle's support for the maintenance and
long-term expansion of the P-Patch Community Gardening Program.
WHEREAS, the P-Patch Community Gardens have a long history in Seattle,
started over 20 years ago, the gardens have grown to 27 citywide sites
tended by more than 2,500 gardeners: and WHEREAS, P-Patch gardens create
alternative food sources and contribute as much as 21,000 pounds of free
fresh produce to city food banks; and
WHEREAS, P-Patch community gardening contributes to the preservation, access
to, and use of open space; and
WHEREAS, the Seattle P-Patch Program has been recognized nationally as a
model for urban gardening; and
WHEREAS , the popularity of the gardens continues to grow, especially with
increases in housing density within the city; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEATTLE,
THE MAYOR CONCURRING, THAT:
I. The City of Seattle will promote inter-agency and intergovernmental
cooperation among agencies such as the Parks Department, the Engineering
Department, the Housing Authority, the School District, Metro, the Port
Authority, the Water Department, City Light, and the Department of
Transportation to expand opportunities for community gardening;
II.  The City of Seattle recommends that P-Patch gardens be a part of the
Comprehensive Plan and that any appropriate ordinances be strengthened to
encourage, preserve and protect community gardening particularly in medium
and high density residential areas;
III. The City of Seattle will include the P-Patch Program in the evaluation
of priority use of city surplus property;
IV.   The City of Seattle recognizes the economic, environmental and social
value of the gardens and will attempt to provide budgetary support for the
management of the P-Patch program; and
V.    The City of Seattle encourages that expansion of the P-Patch program
and outreach should give special emphasis to low income families and
individuals, youth, the elderly, physically challenged, and other special
populations.
ADOPTED by the City Council of the City of Seattle the 14th day of
September, 1992.
The specific goals for open space are outlined in the chart on the following
page.
SEATTLE  URBAN VILLAGE OPEN SPACE AND RECREATION FACILITY GOALS
URBAN CENTER VILLAGES HUB URBAN VILLAGES RESIDENTIAL URBAN VILLAGES
URBAN VILLAGE OPEN SPACE POPULATION BASED GOALS One acre of Village Open
Space per 1000 households. For the downtown core one acre of Village Open
Space per 10,000 jobs. One acre of Village Open Space per 1000 households.
Same as for Hub Urban Villages URBAN VILLAGE OPEN SPACE DISTRIBUTION GOALS
All locations in the village within approximately 1/8 mile of Village Open
Space. Same as for Urban Center Villages For moderate and high density
areas: all locations within 1/8 mile of a Village Open Space that is between
1/4 and 1 acre in size, or within 1/4 mile of a Village
Open Space that is greater than 1 acre.                                  
QUALIFYING CRITERIA FOR VILLAGE OPEN SPACE Dedicated open spaces of at least
10,000 square feet in size, publicly accessible, and usable for recreation
and social activities Same as for Urban Center Villages Same as for Urban
Center and Hub  Villages
VILLAGE COMMONS GOALS At least one usable open space of at least one acre in
size (Village Commons) with growth target of more than 2500 households.
At least one usable open space of at least one acre in size (Village
Commons)
At least one usable open space of at least one acre in size (Village
Commons) where overall residential density is 10 households per gross acre
or more.
RECREATION FACILITY GOALS One indoor, multiple use recreation facility
serving each Urban Center.                                               
One facility for indoor assembly One facility for indoor public assembly in
Villages with greater than 2000 households.
COMMUNITY GARDEN GOALS One dedicated community garden for each 2500
households in the Village with at least one dedicated garden site. Same as
for Urban Center Villages Same as for Urban Center and Hub Villages

The City of Berkeley , California is working on a general plan. The Draft
General Plan includes a policy and specific actions to encourage and support
community gardening efforts. The following is the text from the draft plan:
DRAFT OF BERKELEY GENERAL PLAN     January 9,1998
Policy 2-05- Recognize and encourage community gardens as a high priority
use of open space resources, particularly in higher density residential
areas.
Community gardening is a way for people who lack yards to grow flowers and
vegetables but more than that it is also a way for people to work together,
socialize and talk with their neighbors. Users plan, construct and manage
the space, thus building community relations at the same time as they save
the City money and can help lower their own cost of living.
Actions-A. Secure more land and create long term stability for community
gardens through purchase of land and long-term leases or other agreements.
B.    Increase support for community gardens through partnerships with other
government agencies, neighborhood groups, businesses, civic and gardening
organizations.
C. Integrate community gardens into existing open spaces near areas of
higher density residences that do not currently have community garden space,
while balancing other open space needs.
D.    Provide administrative resources and agreements that enable community
gardening                        groups to manage the gardens to the extent
practical.
E.    Include community gardens as part of the open space planning for the
remaining sections of the Santa Fe Right of Way.
ZONING
Having a specific zoning category for community gardens is another method
for ensuring long term protection of community gardens. The city of Boston
has special zoning districts that include community gardens in the types of
open space. The wording from the Boston Zoning Code that relates to
community gardens follows:
BOSTON ZONING CODE
SPECIAL ZONING DISTRICTS
Article 33
Open Space Subdistricts (March 8,1988)
Section 33-1- Preamble. This article supplements the creation of an open
space district (OS) designation, which under text amendment No. 101 can be
given to public lands or, with the written consent of the owner to private
property.  The open space district and nine open space subdistricts, taken
together, present a comprehensive means for protecting and conserving open
spaces through land use regulations. The open space (OS) designation and an
open space subdistrict designation can be used in conjunction with each
other, thus establishing for the land so designated the particular
restrictions of one of the subdistricts: community garden, parkland,
recreation, shoreland, urban wild, waterfront access area, cemetery, urban
plaza, or air right. Land can be given the OS designation, however, without
the simultaneous designation of a particular subdistrict, such as "park" or
"garden" where the desired subdistrict designation is yet to be determined.
This system instills flexibility into the regulation of open spaces.
Section 33-2- Statement of Purpose.  The purpose of this article is to
encourage the preservation of open space for community gardens, parkland,
recreation, shoreland, urban wild, waterfront access area, cemetery, and
urban plaza purposes to enhance the quality of life of the city's residents
by permanently protecting its open space resources: to distinguish different
open space areas in order to provide for uses appropriate to each open space
site on the basis of topography, water, flood plain, scenic value, forest
cover, urban edge, or unusual geologic features; to prevent the loss of open
space to commercial development; to restore Boston's conservation heritage
of Olmstead parks; to coordinate state, regional and local open space plans;
to provide and encourage buffer zones between incompatible land uses and
mitigate the effects of noise and air pollution; to promote and maintain the
visual identity of separate and distinct districts; to enhance the
appearance of neighborhoods through preservation of natural green spaces;
and to ensure the provision of adequate natural light and air quality by
protecting the supply of vegetation and open space throughout Boston.
Section 33-8- Community Garden Open Space Subdistricts.  Community garden
open space (OS-G) subdistricts shall consist of land appropriate for and
limited to the cultivation of herbs, fruits, flowers, or vegetables,
including the cultivation and tillage of soil and the production,
cultivation, growing, and harvesting of any agricultural, floricultural, or
horticultural commodity; such land may include Vacant Public Land.
POLICY
The most far reaching method of open space protection is from the city of
Chicago. The City Council passed an intergovernmental agreement that created
an entity called NeighborSpace that is funded by municipal funds and can
raise private funds to purchase properties. The city also transfers
properties to NeighborSpace for $1.00 for permanent
protection as open space. The ordinance creating NeighborSpace, the
intergovernmental agreement and the funding authorization follows:
AUTHORIZATION FOR EXECUTION OF INTERGOVERNMENTAL
AGREEMENT WITH CHICAGO PARK DISTRICT AND FOREST PRESERVE DISTRICT OF COOK
COUNTY FOR ESTABLISHMENT OF "NEIGHBORSPACE"
The Committee on Finance submitted the following report:
CHICAGO, March 26,1996.
To the President and Members of the City Council: Your Committee on Finance,
having had under consideration a communication recommending a proposed
ordinance concerning the authority for the City of Chicago to participate in
the establishment of NeighborSpace, a not-for-profit corporation, having had
the same under advisement, begs leave to report  and recommend that Your
Honorable Body Pass the proposed ordinance transmitted herewith.
This recommendation was concurred in by a viva voce vote of the members of
the committee.

 Respectfully submitted,
(Signed) EDWARD M. BURKE,
Chairman.

On motion of Alderman Burke, the said proposed ordinance transmitted with
the foregoing committee report was Passed by yeas and nays as follows:
Yeas -- Aldermen Granato, Haithcock, Preckwinkle, Steele, Dixon, Shaw,
Buchanan, Huels, Frias, Olivo, Burke, Jones, Coleman, Murphy, Troutman,
Evans, Munoz, Zalewski, Chandler, Solis, Ocasio, Burnett, E. Smith, Burrell,
Wojcik, Suarez, Gabinski, Mell, Austin, Banks, Giles, Allen, Laurino,
O'Connor, Doherty, Natarus, Bernardini, Levar, Shiller, Schulter, M. Smith,
Moore -- 42.
Nays -- None.
Alderman Allen moved to reconsider the foregoing vote.  The motion was lost.
The following is said ordinance as passed:
WHEREAS, The City of Chicago ("City") is a home rule unit by virtue of the
provisions of the Constitution of the State of Illinois of 1970 and, as
such, may exercise any power and perform any function pertaining to its
government and affairs; and
WHEREAS, There is a lack of sufficient open space in the City for
recreational and aesthetic uses; and
WHEREAS, There is a need and desire to develop typically small, open spaces
as pocket parks, gardens and natural areas for public use for the benefit of
the citizens of the City; and
WHEREAS, It is in the interest of the City for the development and
maintenance of such open spaces to be undertaken by private parties who
reside in the neighborhoods in which such spaces are located; and
WHEREAS, Neighborhood community groups are often unable to develop and
maintain such spaces for public use because of concerns over liability
and/or lack of adequate funds; and
WHEREAS, The Department of Planning and Development ("Department") has
recommended the formation of a not-for-profit corporation to be known as
"NeighborSpace" to own, lease, manage, or hold easements to typically small,
open spaces in the City for development and maintenance by neighborhood
community and business groups since such open space projects can be more
efficiently managed by local groups than  by governmental agencies; and
WHEREAS, NeighborSpace would be formed as a collaboration among the City,
the Chicago Park District ("Park District") and the Forest Preserve District
of Cook County ("Forest Preserve District"); and
WHEREAS, The Mayor of the City, the President of the Park District Board of 
Commissioners and the President of the Forest Preserve District Board of
Commissioners would each appoint a representative to serve as an
incorporator of NeighborSpace; and
WHEREAS, The Mayor would appoint one Department Head and one City Council
member to serve on the NeighborSpace Board of Directors; and
WHEREAS, The President of the Park District Board of Commissioners would
appoint one Board member and the General Superintendent would appoint one
Department Head to serve on the NeighborSpace Board of Directors; and
WHEREAS, The President of the Forest Preserve District Board of
Commissioners would appoint one Commissioner who represents part of the City
of Chicago and the General Superintendent would appoint one Department Head
to serve on the NeighborSpace Board of Directors; and
WHEREAS, The Mayor, the President of the Park District Board of
Commissioners and the president of the Forest Preserve District Board of
Commissioners would jointly appoint one (1) member to the NeighborSpace
Board of Directors; and
WHEREAS, A three (3) member nominating committee of the appointed board
members would recommend three (3) non-governmental representatives to the
NeighborSpace Board of Directors; and
WHEREAS, The three (3) non-governmental representatives must have a
significant amount of experience in open space and/or parks management,
maintenance, planning or development; and
WHEREAS, The City, the Park District and the Forest Preserve District would
enter into an intergovernmental agreement to define the commitment of each
governmental entity to NeighborSpace; and
WHEREAS, The City, the Park District and the Forest Preserve District,
subject to annual appropriation, would each donate Ninety-three Thousand
Seven Hundred Fifty and no/100 Dollars ($93,750.00) per year for three (3)
years to NeighborSpace; and
WHEREAS, The Department has already allocated Ninety-three Thousand Seven
Hundred Fifty and no/100 Dollars ($93,750.00) in its 1996 budget for
NeighborSpace; and
WHEREAS, NeighborSpace will have the powers to buy, accept donations of,
own, lease, hold easements to, and sell real property; and
WHEREAS, The City would donate, sell or lease typically small parcels to
NeighborSpace for use as open space benefiting the Citizens of the City,
subject to the approval of the City  Council for each parcel for the purpose
of creating open public spaces; and
WHEREAS, NeighborSpace will have the power to acquire tax delinquent parcels
including applying therefor through the City's Tax Reactivation Program
where appropriate and applicable, and easements, or title to river edges
dedicated for open space purposes as part of planned developments; and
WHEREAS, NeighborSpace would enter into agreements with local  groups for
the use and maintenance of open spaces; now, therefore, Be It Ordained by
the City Council of the City of Chicago:
SECTION 1. The foregoing recitals are hereby adopted as the findings of the
City Council.
SECTION 2. The establishment of NeighborSpace is a valid exercise of the
home rule powers of the City and will facilitate the development of open
spaces for the use and benefit of the citizens of the City of Chicago.
SECTION 3. The establishment of NeighborSpace, an Illinois not-for-profit
corporation is approved.
SECTION 4. The Mayor, on behalf of the City of Chicago, is authorized to:
a) appoint a representative to serve as  an incorporator of NeighborSpace;
b) enter into an intergovernmental agreement with the Park District and
Forest Preserve District consistent with the above findings of the City
Council and upon the approval of the corporation Counsel as to form and
legality;
c) appoint one Department Head and one (1) City Council member to the
NeighborSpace Board of Directors; and
d) jointly with the President of the Park District Board of Commissioners
and the President of the Forest Preserve District Board of Commissioners,
appoint one (1) member to the NeighborSpace Board of Directors.
SECTION 5. This ordinance shall become effective immediately upon its
passage.
Intergovernmental Agreement referred to in this ordinance reads as follows:
Intergovernmental Agreement.
This Intergovernmental Agreement ("Agreement") is entered into this 26th day
of March 1996, by and among the City of Chicago ("City"), an Illinois
municipal corporation, the Chicago Park District ("Park District"), an
Illinois municipal corporation, and the Forest Preserve District of Cook
County ("Forest Preserve District"), an Illinois special district and
pertains to the formation-of a not-for-profit corporation to be known as
"NeighborSpace."
Witnesseth:
Whereas, There is a lack of open space in the City for recreational and
aesthetic uses; and
Whereas, The City, the Park District, and the Forest Preserve District wish
to develop typically small open spaces as public pocket parks and gardens
and to preserve river edges and natural areas for public use; and
Whereas, It is in the interest of the City, the Park District, and the
Forest Preserve District, for the development and maintenance of such spaces
to be undertaken by private parties who reside in the neighborhoods in which
such places are located; and
Whereas, Neighborhood community groups are often unable to develop and
maintain such spaces for public use because of concerns over liability
and/or lack of adequate funds; and
Whereas, The City, the Park District, and the Forest Preserve District wish
to support the formation of a not-for-profit corporation to be known as
"NeighborSpace"; and
Whereas, NeighborSpace would own, lease, manage, or hold easements to
typically small, open spaces, in the City for development and maintenance by
neighborhood community groups since such open space projects can be more
efficiently managed by local groups than by governmental agencies; and
Whereas, NeighborSpace will have the power to buy, accept donations of, own,
lease, hold easements to, and sell real property; and
Whereas, NeighborSpace will also have the power to acquire tax delinquent
parcels including applying therefor through the City's Tax Reactivation
Program where appropriate and applicable, and to acquire easements, or title
to river edges dedicated for open space purposes as part of planned
developments; and
Whereas, NeighborSpace would enter into agreements with local groups for the
use and maintenance of open spaces; and
Whereas, The City, the Park District and the Forest Preserve District are
entering into this Agreement to facilitate the formation of NeighborSpace;
Now Therefore, In consideration of the covenants and agreements contained
herein, the parties agree as follows:
Section 1 -
Incorporation Of Recitals. The foregoing recitals are expressly incorporated
in and made a part of this Agreement as if fully set forth therein.
Section 2.
Obligations Of The City And The Park District.
The City and the Park District each agree to donate, sell or lease typically
small parcels to NeighborSpace subject, respectively, to the approval of the
City Council and the Park District Board of Commissioners for each parcel
for the purpose of creating open public spaces.
Section 3.
Obligations Of The City, The Park District And The Forest Preserve District.
The City, the Park District and the Forest Preserve District each agrees to
do the following:
A. Appoint one representative to serve as an incorporator of NeighborSpace.
B. Subject to annual appropriations, each provide Ninety-three Thousand
Seven Hundred Fifty and no/100 Dollars ($93,750.00) per year to
NeighborSpace in Fiscal years 1996, 1997 and 1998.
Funds for fiscal year 1996 shall be provided upon the signing of this
Agreement.  Subsequent funds shall be provided by February 1, 1997, and
February 1, 1998.
C.    Make appointments to the NeighborSpace Board of Directors as follows :
1) The City, acting through its Mayor, agrees to appoint one Department Head
and one City Council member.
2) The Park District, acting through the President of its Board of
Commissioners, agrees to appoint one member of the Board of Commissioners,
and acting through its General Superintendent, agrees to appoint one
Department Head.
3) The Forest Preserve District, acting through the President of its Board
of Commissioners, agrees to appoint one member of the Board of Commissioners
who represents part of the  City, and acting through its General
Superintendent, agrees to appoint one Department Head.
4)    The Mayor, the President of the Park District Board of Commissioners,
and the President of the Forest Preserve District Board of Commissioners
agree to jointly appoint one (1) member to the NeighborSpace Board of
Directors.
Section 4. -
Composition Of The NeighborSpace
Board Of Directors.
In addition to the members of the Board of Directors provided for in Section
3(C) of this Agreement, the Board shall also include three (3)
non-governmental representatives who shall serve upon approval of the full
Board.  The non-governmental representatives shall have a significant amount
of experience in open space and/or parks management, maintenance, planning
or development.
Note: The Chicago City Council passed an authorization to extend the
intergovernmental agreement and increase the funding to One hundred thousand
dollars ($100,000) each from the City, Park District and the Forest Park
Preserve. The extensions for both the agreement and funding is for 20 years
to expire December 31, 2018.

Anna Wasescha
1312 Dayton Avenue
St. Paul, Minnesota  55104-6440
651.646.8733 (phone)
651.646.0034 (fax)
ariel@tc.umn.edu <mailto:ariel@tc.umn.edu> 



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