S T A T E   O F   N E W   Y O R K
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                                  5282

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 15, 2011
                               ___________

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.