Annual Garden Permit Application

1. I/We acknowledge and agree that the Primary Applicant listed above will be deemed the “Garden Permit Holder” for purposes of communication with and receiving any notifications from the City regarding this Permit. I/We agree to keep this contact information current and update the City as may be needed from time to time. 

2. I/We, the Garden Permit Holder(s) hereby release the City of Rochester, its officers, agents, servants, and employees from any and all damages and claims sustained by reason of the use of said property pursuant to this Permit, in consideration of the City of Rochester granting the free use of said land for use as a garden. The City makes no representations as to the condition of the soil in the area or of the prior use of said property. Accordingly, no growing of food items (fruit, vegetables or herbs) shall be done on the property except in raised planters or containers with food-safe growing medium/topsoil brought in from offsite locations. 

3. I/We agree to use said land solely for a garden, and understand that separate City approval shall be required for use of the property for any purpose other than gardening (including but not limited to block parties, meetings, outdoor classrooms, outdoor dining, other events, etc.). 

4. I/We acknowledge and agree that all produce, flowers, and other horticultural products grown on the property are for personal use by the permit holder, or for donation. No items grown or produced on the property may be sold for personal or organization profit.

5. I/We acknowledge and agree that Garden Permit authorizes use of the City owned land for one (1) year from April 1st through March 31st of the following year (the “Term”). New applications to the City are required for subsequent season use. For lots which the City determines will remain available for use as community gardens for the subsequent term, right of first refusal for garden permit use will be offered to the prior season permit holder by January 15 th of the new calendar year, provided that such lot remained in compliance with the Garden Permit for the preceding year. Each Garden Permit Holder who intends to use the same garden for the following year shall submit its application for the new term no later than February 15th of each year to ensure no lapse occurs between subsequent terms. 

6. I/We agree to prevent damage to the property and to indemnify and save harmless the City of Rochester from all loss, cost, damages or expense or resulting directly or indirectly by reason of such occupation by the Garden Permit Holder(s) and/or their invitees. 

7. I/We have read and agree to the Garden Permit Guidelines/Landscape Features section and understand that no permanent fixtures (an object permanently affixed to property, for example, with concrete foundations, stakes or otherwise attached) may be installed at the property without the City’s written consent. I/We acknowledge and agree that any such permanent fixtures installed on the site become property of the City at the end of the permit unless otherwise agreed upon by the City and the Garden Permit Holder in writing 

8. I/We acknowledge and agree to peaceably and quietly surrender and deliver the Property to the City free of all personal property and equipment by March 31st, or upon the sooner termination of the Term, unless the Garden Permit Holder has obtained a validly issued Garden Permit for the same property for the next annual permit term. The Garden Permit Holder(s) shall also restore the property upon expiration of the Term, unless the Garden Permit Holder has obtained a validly issued Garden Permit for the same property for the next annual permit term. 

9. I/we acknowledge and agree that any personal property and equipment placed on the property throughout the Term and/or upon the expiration of the term shall be at the Garden Permit Holder’s sole risk and that the City is not responsible for any lost, stolen, or damaged items. 

10. I/We acknowledge and agree to keep the grass height between 3-5 inches. If/when the grass height reaches 10 inches or higher, the City will contact the Garden Permit Holder. From the initial date of contact, the Permit Holder will have ten (10) days to mow the lawn to the recommended 3-5 inches. If no action is taken within those ten (10) days, the City reserves the right to engage contractors to mow the lot and/or revoke the Garden Permit. 

11. I/We understand that leaves and other garden debris may be either composted on site using an approved compost system, removed from the lot through the City’s official Mini-Clean Sweep process, or loose leaf litter debris can be bagged and brought to the curb and the Garden Permit Holder can call 311 to schedule removal. 

12. I/We further acknowledge and agree that all litter will be disposed of properly and all equipment, such as plant supports, chairs, storage bins, netting and containers, shall be stored out of view when not in use. 

13. I/We agree to not use pesticides, including Round-Up, without a current New York State Pesticide License and that all New York State Department of Environmental Conservation and Monroe County laws must be followed. 

14. I/We understand that it is the responsibility of the Garden Permit Holder(s) to follow all applicable laws and regulations including applicable provisions of City codes and policies and to obtain any necessary permits. 

15. I/We acknowledge and agree that said permit may be revoked by the City of Rochester at any time, and agree that notice by certified letter addressed to the address set forth in this Permit shall be sufficient notice of such revocation.

These processes and guidelines are established to clearly communicate the permit holders rights & responsibilities and ensure sanitary and safe conditions for neighboring homes and community. Any Garden Permit Holder in violation of any terms set forth in this Permit may have their Garden Permits revoked. The City also reserves the right to prohibit issuance of future Garden Permits. 

PERMIT RENEWAL P ROC ESS. Community members wishing to garden on a City owned vacant must submit a Garden Permit to the City of Rochester. New gardens may submit a permit at any point during the season, but cannot begin working on their vacant lot garden until a permit is officially approved by the City of Rochester. Returning garden permit holders who wish to continue using such lot as a garden MUST submit a permit renewal each season no later than February 15th . This allows adequate time to renew an existing permit prior to the subsequent permit term start date of April 1st . Any lapse in maintaining a valid and current garden permit on a City owned vacant lot automatically returns the vacant lot to the City’s stewardship and voids the Garden Permit Holder’s access and use of such lot. 

GARDEN EVENTS. Community Garden Permit Holders interested in utilizing their community garden for any purpose other than gardening MUST reach out to the City of Rochester at least 14 business days prior to the date of the event to determine if the City can allow a specific event to take place at a garden located on a City owned vacant lot. Please contact Daisy Algarin, Manager of Special Projects, for further information: 585-428-7711. 

LANDSCAPE FEATURES. The installation of features such as walkways, retaining walls, fountains, trellises may be acceptable. All such features must be approved by the City prior to installation. The use of tires in the garden is not allowed. One small storage shed no larger than 80 square feet and one small greenhouse no larger than 80 square feet is permitted. High tunnels, low tunnels and other temporary season-extending facilities, water barrels, and other catchment/irrigation systems may be used as long as the total area of all temporary structures does not exceed 50% of the total lot area. Please contact Daisy Algarin, Manager of Special Projects, for further information: 585-428-7711.

NOTE: Landscape features that are installed in violation of this permit and/or City Zoning regulations are subject to removal by the City of Rochester. Permit Holders found in violation will receive notification from the City of Rochester and will have ten days from initial notification to remove or remedy the violation after which time the City reserves the right to remove the structures at the expense of the permittee. Notwithstanding the foregoing, in the event that a condition or hazard poses an immediate threat to safety of persons or property as determined by the City, the City shall have the authority to act immediately without notice to the Garden Permit Holder to ensure community safety

FENCING. All fencing is subject to City Zoning and Real Estate approvals. Garden Permit Holders must provide the City with a basic plan for where on the lot they intend to put the fence, what material it is made of, the height, how the fence will be set up, before installation. Please contact Daisy Algarin, Manager of Special Projects, for further information: 585-428-7711. 

GARDEN SIGNS. Signs installed at the garden site cannot be used to advertise a business, neither can they be permanent (no steel, concrete footings, etc.) nor greater than 15 square feet in area. All signs installed on City owned property MUST be approved by the City of Rochester before installation. Please contact Daisy Algarin, Manager of Special Projects, for further information: 585-428-7711. Any signs installed are subject to removal by the City if the sign is improperly maintained OR blighting OR upon termination of the garden permit 

STANDING WATER. Containers such as water barrels and planters shall not hold standing water unless they are completely covered. Standing water provides breeding grounds for mosquitoes and creates a public health concern. 

ANIMAL KEEPING. Feeding stations, coops, stalls, bee hives, huts, and/or any other structure intended for keeping animals or insects of any kind are not authorized pursuant to this permit and shall not be placed on City property by the permit holder. 

LOT MAINTENANCE. Garden Permit Holders are responsible for the maintenance and upkeep of their permitted lot including the removal of litter and proper disposal of or composting of leaf and/or garden related debris. For larger garden clean-ups, The City’s Neighborhood Service Centers can assist with coordinating a ‘Mini-Clean Sweep’ – Garden Permit Holders can request City tools to support a volunteer clean up event. Through the Mini-Clean Sweep process, bagged debris and other litter generated during the event can be left curbside and the City’s Department of Environmental Services will remove these items from the garden. Similarly, a Garden Permit Holder can contact 311 to schedule a leaf or litter pick-up at their garden location. In both of these instances, all bagged materials must be left curbside in as organized a manner as possible and the exact location of these items must be communicated to City staff. 

COMPOSTING. Composting is the process of creating the ideal conditions for the rapid decomposition of organic material. Garden Permit Holders interested in learning more about how to compost effectively on their vacant lot gardens can call: Stephanie Benway, Environmental Education Specialist: 428-6683. 

INVASIVE PLANT SPECIES. The Garden Permit Holder is responsible for ensuring that invasive plants, defined as non-native plants that can cause harm to the environment, the economy or human health, are not introduced and do not proliferate in their community garden. These invasive plant species include but are not limited to: Bamboo, Bindweed, Japanese Knotweed, Kudzu, Swallow-Wort, Tree of Heaven, etc. To learn more visit: https://albany.cce.cornell.edu/environment/invasive-plants. If you need assistance identifying an invasive plant or need information about how to properly manage a potentially invasive plant in your garden, please contact Stephanie Benway, Environmental Education Specialist: 428-6683.

PERMIT REVOCATION. The City reserves the right to revoke a Garden Permit at any time in its sole discretion. The City reserves the right to remove any of the above features and/or revoke the Garden Permit if any features in the garden are deemed hazardous or in violation of this permit. The City shall contact the Garden Permit Holder listed on this permit by phone and email at least 10 days prior to removal to outline the violations/safety concerns to, provide the Garden Permit Holder with an opportunity to remedy the issue and come back into compliance with all City laws, codes, rules, and Garden Permit Terms & Regulations. If no action satisfactory to the City is taken within this 10-day period, the City may remove garden features and/or revoke the Garden Permit. Notwithstanding the foregoing, in the event that a condition or hazard poses an immediate threat to safety of persons or property as determined by the City, the City shall have the authority to act immediately without notice to the Garden Permit Holder to ensure community safety.