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Community Gardens on Municipal Property Policy
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THE CORPORATION OF THE CITY OF WINDSOR
POLICY
Service Area: Office of the City Engineer
Policy No.:
Department:
Operations
Approval Date: February 22, 2021
Division:
Pollution Control
Approved By:
B17/2021
Effective Date:
February 22, 2021
Subject:
Community Gardens on Municipal
Property
Procedure Ref.:
Review Date: January 2023
Pages:7
Replaces: CR188/2020
Prepared By:
Supervisor Environmental Sustainability and
Climate Change
Date: May 4, 2020
1.
POLICY
Community gardens are an important tool for the development of healthy
communities and quality of life improvements for residents. People can grow healthy
and nutritious food while having a positive impact on the environment. The City of
Windsor supports and encourages the development of community gardens on
municipally owned lands.
2.
PURPOSE
2.1 The goals of this policy are to:
- Establish guidelines for the development and operation of community gardens
on municipally owned lands;
- Establish site selection criteria;
- Facilitate equal opportunity for all residents to apply for a community garden.
3.
SCOPE
3.1 This policy is applied to all City-owned land and to all community gardens located on
City-owned land. It provides organizations, individuals, and neighbourhood groups
the opportunity to operate a community garden on city-owned land.
3.2 Applicability of other policies:
- The policy basis for this program is strengthened by recent Federal documents
including the Food Policy for Canada (2019) and the creation of a Canadian
Food Policy Advisory Council.
- Other Provincial policies supporting Community Gardens include the Ontario
Food and Nutrition Strategy (2012) developed by the Ontario Collaborative
Group of Healthy Eating and Physical Activity, as well as the Local Food Act
(2013).
- Windsor's Community Strategic Plan, which was adopted in February 2007,
provides a vision of a durable economy and a healthy environment.
Community Gardens support this vision.
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- Objective C10 in the City's Environmental Master Plan (2017) aims to
support education, engagement and local food production through actively
promoting the use of underutilized or vacant City of Windsor property for the
use of community gardens.
- And finally, the City's current Official Plan supports the development of
community Gardens through Healthy Community (Section 4), Environment
(Section 5) and Land Use (section 6) policies.
4.
DEFINITIONS:
The definitions of terms used in this policy are:
- Applicant: The individual, group or association who applies to operate a
Community Garden.
- Community Garden: Lands used for the growing of fruits, vegetables or
flowers collectively by a group of people for non-commercial purposes. It
may consist of a single or common plot of land or it may be subdivided into
individual plots of land.
- City: defined as The Corporation of the City of Windsor, or its
representatives.
- Community Garden Committee: A City staff committee consisting of City of
Windsor administrative staff from Pollution Control (Environmental
Sustainability and Climate Change Office), Planning, Parks, Risk
Management and Real Estate Services who oversee the Community Garden
Application process.
- Community Garden Coordinator: The individual representative of the
Applicant.
- Environment and Sustainability Coordinator: The City employee who acts as
liaison with Community Garden Coordinators.
- Garden Permit: The annual permit signed by the Community Garden
Coordinator.
- Gardener Waiver: The waiver signed by each individual gardener at the
Community Garden.
- Parks: The City of Windsor Parks, Recreation & Culture and Facilities
department.
- Properties: A parcel of land.
- Site: A specific location within a parcel of land where a community garden
will be located.
5.
RESPONSIBILITY
5.1 Community Garden Committee
- Review Community Garden Applications.
- Consists of representatives from Parks, Planning, Risk Management, Real
Estate Services as well as the Environment and Sustainability Coordinator.
5.2 Environment and Sustainability Coordinator
- Be the lead and primary contact both internally for the Community Garden
Committee and for the Community Garden Coordinator at each garden.
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- Aid interested groups in filling out applications.
- Accept applications and review them with the Community Garden Committee.
- As required, bring requests for Community Gardens not on the pre-approved
Parks list to City Council for approval.
- In consultation with the Parks department, define and review community
garden design guidelines.
- In consultation with the Parks department, work with the applicant to finalize
site plan.
- Complete and document semi-annual inspections of all Community Gardens
on municipal property.
- Collect signed Garden Permits and all signed Gardener Waivers from
Community Garden Coordinators.
- Communicate regularly with Community Garden Coordinators.
- Assist the Community Garden Coordinator(s) with enforcement issues arising
from the Community Garden Policy, and work with the Community Garden
Coordinator(s) and the gardeners, whenever possible, to assist them in
resolving the issue.
- Provide support to gardeners regarding advertising and promotion
opportunities for Community Garden events and projects.
- Provide potential updates to the policy as well as keep track of outstanding
applications.
5.3 Community Garden Coordinator (Community Representative)
- Read and sign the Garden Permit annually.
- Responsible for communication with all gardeners in their respective
Community Garden.
- Ensure that all gardeners have signed Gardener Waivers and remain in
compliance with Code of Conduct.
- Contact the Environment and Sustainability Coordinator for assistance and
support if concerns, questions or complaints arise.
- Consult with Environment and Sustainability Coordinator before erecting
permanent or semi-permanent structures within the garden, including fences,
sheds, and additional signage.
- Take responsibility for the collective management of the Community Garden,
including sourcing garden materials for the garden after the initial setup and
maintaining all paths within the garden.
- Ensure the Community Garden is well maintained.
- Encourage gardeners in the Community Garden to obey by the Community
Garden guidelines as described in this Policy.
- Oversee compliance of the Code of Conduct by gardeners within the
community gardens.
- If any violation of the Code of Conduct is found, discuss the matter with the
gardener. If necessary, discuss the issue with Environment and Sustainability
Coordinator who may issue a written notice to the gardener.
5.4 Gardeners
- Read and adhere to the Community Garden Policy.
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- Sign Gardener Waiver.
- Follow the direction of the Community Garden Coordinator regarding the
guidelines.
- Contact the Community Garden Coordinator with any concerns and questions.
- Contact the Environment and Sustainability Coordinator only for unresolved
issues with the Community Garden Coordinator.
- Dispose of litter (i.e. wrappers, uneaten food, cups, etc into onsite garbage
containers or remove from the site.
- Garden waste materials (i.e. plant material) will be managed in methods
approved by the Community Garden Committee. Larger garden waste
materials (i.e. tree trimmings as well as brush, leaves, stumps, etc.) should be
placed at the roadside for pickup by the City of Windsor based on the Yard
Materials Collection schedule.
5.5 Legal Department
- Assist in the development and maintenance of a Garden Permit template,
Gardener Waiver template, Code of Conduct and Community Garden Policy.
5.6 Parks Department
- Create and maintain a list of parks that are recommended by administration
for Community Gardens.
- Meet on site with applicants to go over site logistics.
- Provide mulch, water and garbage facilities at Parks' discretion and as
resources permit to the Community Gardens when needed as well as install
Community Garden signage.
- If there are any issues with maintenance or compliance, Parks staff will notify
the Environment and Sustainability Coordinator.
- Assist the Applicants and the Environment Sustainability Coordinator to
conduct public consultation requirements for potential Community Gardens in
parks as determined by the Community Garden Committee.
5.7 Real Estate Services
- Provide input on applications received requesting the use of vacant city-
owned property for a community garden.
- Create and maintain a list of vacant municipal properties that are
recommended by administration for Community Gardens.
5.8 Planning Department
- Assist the Applicants to conduct public consultation requirements for potential
Community Gardens on vacant lots as determined by the Community Garden
Committee.
5.9 Risk Management Department
- Review, approve and maintain any (voluntary) insurance certificates received
from Applicants.
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6.
GOVERNING RULES AND REGULATIONS
All requests for Community Gardens on City property must follow the application and
site selection processes, and meet the criteria as outlined below. These criteria must be
met for Community Garden approval.
6.1 Application Process
- It is recommended that Applicants consult a list of pre-approved parks and
vacant lots recommended to host Community Gardens. Applications for a
Community Garden in a park or vacant lot not pre-approved must be approved
by Council.
- Applicants will contact the Environment and Sustainability Coordinator in
writing through the Application form to express interest in developing a
Community Garden on City property.
- Applications for Community Gardens can be submitted at any time throughout
the year however new applications should be received by November 30th to
begin the site selection process for the growing season of the following year.
- Development of new Community Gardens will be considered on an annual
basis, depending on interest. New Community Gardens may also be built as
parks are being redeveloped, if public engagement suggests there is a need
and interest.
- The City will work with the Applicant to meet all requirements for approval
of a Community Garden.
- Community Garden Coordinators who are in good standing under their
existing agreements will have first opportunity for their Community Garden
location.
6.2 Site Selection Process
- Through consultation with administration a garden site plan will be prepared
(as part of the Application process) and submitted.
- The garden site plan will include plot layouts and other features. Soil
amendments and materials for pathways must also be defined.
- Minimum setbacks of 5 meters from the edges of the Community Garden to
surrounding amenities, property lines, hedgerows and trees may be required to
allow for regular maintenance in a park setting.
The City will work with the Applicant to identify and assess viable sites that
meet the criteria in order to choose an appropriate site.
Site considerations include but are not limited to:
- An area that receives 6 or more hours of sunlight daily
- Availability of water (via existing water connection or ability to harvest and
store in rain barrels or cisterns from the roof of an existing building.)
- In an area that will not interfere with other uses (ie. recreational)
- In an area that will not interfere with water drainage and site maintenance
- Walkable to the gardening community and accessible to parking and/or busing
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- Any other criteria as the City may from time to time deem necessary
6.3 Public Consultation
- The Applicant may be required to conduct public consultation with residents
in close proximity to the proposed Community Garden. Administration will
assist community groups to conduct public consultation
6.4 Conditions of Use
- The Applicant can be a legal entity in its own right, an unincorporated
association or other form of informal organization or group.
- The Applicant will execute the approved Garden Permit in its Template form
annually, running from April 1 to March 31, which will include but is not
limited to the applicable rules for use:
o Produce cannot be sold;
o Care and maintenance of the site;
o Restrictions on use of chemicals;
o Restrictions on use of equipment;
o Restrictions on construction, use and maintenance of any structure,
including raised beds and storage shed;
o Upon termination of the licence, return the site to its original condition;
and
o It is recommended that the Applicant carry insurance in an amount(s) and
type(s) satisfactory to the City's Risk Management Department, but not
required; and the Applicant agrees to indemnify and hold harmless The
Corporation of the City of Windsor from and against any losses.
- The City will establish a code of conduct and each individual gardener at the
community garden would be required to sign a Gardener Waiver assuming all
risks associated with their use of the community garden, and releasing and
indemnifying the City from any claims or actions resulting from their use of
the community garden.
- Community Garden boxes must conform to administrative design standards.
- Applicant identifies a Community Garden Coordinator and an alternate
contact who will be the main contact(s) with the City. The name and contact
information of the Applicant's Coordinator and the alternate will be provided
to the City at the beginning of each season.
- Educational activities surrounding local food are encouraged at the
Community Garden site.
- Native Plants are encouraged at the Community Garden site to promote
pollinator habitat. Invasive plants are prohibited.
- Impervious area should be limited encouraging the infiltration of storm water
except where warranted for minimum accessibility considerations.
- Plot assignment is on a first come, first serve basis, with the gardener having
the right of first refusal for the next gardening season.
7.
RECORDS, FORMS AND ATTACHMENTS
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7.1 Garden Permits will be filed and retained by the Clerks Department. Community
Garden Applications and Gardener Waivers will be filed and retained by the
Environment and Sustainability Coordinator.
7.2 Community Garden Design Guidelines will be maintained by the Environment &
Sustainability Coordinator and the Parks Department.
7.3 Community Garden Inspection form will be maintained by the Environment &
Sustainability Coordinator.