S T A T E O F N E W Y O R K
________________________________________________________________________
5282
2011-2012 Regular Sessions
I N A S S E M B L Y
February 15, 2011
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Introduced by M. of A. BRENNAN -- read once and referred to the Commit-
tee on Tourism, Parks, Arts and Sports Development
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:
Section 1. Legislative findings and declaration. The legislature
hereby finds and declares that preservation of community gardens in the
state of New York is a matter of state concern. Community gardens are
valuable to the preservation of the quality of life in New York state.
Hundreds of vacant lots have been transformed from places of blight and
criminal activity into productive spaces offering beautiful flower and
vegetable gardens and recreational areas for use by community residents
of all ages. Such transformations have been at the initiative and
responsibility of community volunteers. Such volunteers have been able
to transform abandoned lots into plots offering park and recreational
benefits at a cost far below what it would have cost the state or the
local municipalities to do. Such community gardens were developed by
volunteers in response to urban blight in their areas.
Small parcels of open space in local municipalities are easily acces-
sible to large numbers of people and have a greater value to urban dwel-
lers than many acres of land that are not accessible. Lands, which in an
urban area can be used for community gardens or neighborhood parks and
open spaces are as significant to the environmental health of municipal
residents as areas in pristine environmental condition are to people in
rural areas.
In recognition of the importance of such places to the state and its
quality of life, the legislature hereby finds and declares community
gardens as parkland of the state of New York and further finds that such
community gardens cannot be sold or developed by any local municipality
without the approval of the local zoning board or in the case of any
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05874-01-1
A. 5282 2
city having a population of one million or more without the permission
of the community board in whose district the community garden is situ-
ated.
S 2. Notwithstanding any inconsistent provision of law, lots commonly
referred to as community gardens, which have been leased by any local
municipality in the state of New York to community residents for use as
a community garden or for recreation purposes for at least one year
prior to the effective date of this act shall be dedicated as parkland
in the municipality wherein such community garden exists. Such parkland
shall not be developed or sold unless the local zoning board, or in the
case of cities having a population of one million or more, the community
board that has jurisdiction over the location of the garden approves the
plot's withdrawal from the community garden program.
S 3. This act shall take effect immediately.