[HISTORY: Adopted by the Mayor and Board of Aldermen of the
Town of Dover 4-13-2021 by Ord. No. 4-2021.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance was originally adopted as Ch.
384 but was renumbered to maintain the organization of the Code.
A.
Purpose. The purpose of this chapter is to provide a regulatory framework
for the construction and operation of the Community Garden(s) within
the Town of Dover.
B.
Location. A permanent Community Garden is hereby established within
the Town of Dover, to be located at Block 1905 - Lot 41, known as
Richards Avenue Park. The Town of Dover may dedicate other public
spaces for additional Community Gardens.
C.
Use:
(1)
Charitable. The Community Garden of the Town of Dover shall be available
for the purpose of growing fruits, vegetables, flowers, and herbs,
and the crop yields shall be donated to food pantries and soup kitchens
located within the Town of Dover.
(2)
Educational. The Community Garden of the Town of Dover shall also
serve as an educational space for residents to learn about food self-sustainability
and the process of growing vegetables, fruits, flowers, and herbs.
D.
Operation. The Community Garden shall be operated by a group of residents and local nonprofit volunteers as per § 146-2 of this chapter. This group shall be known as the Dover Community Garden Advisory Committee.
E.
Fees. No plots of the Community Garden located at Block 1905 - Lot
41 in Richards Avenue Park shall be available for rent to residents.
The Town of Dover may develop additional spaces for additional community
gardens and may rent plots to residents of the Town of Dover within
these additional spaces.
A.
Appointment. The Dover Community Garden Advisory Committee shall
be composed by a total of nine members. Seven of the members shall
be residents of the Town of Dover and two shall be members of Dover
charitable nonprofit organizations, food pantries, or soup kitchens
located in and serving residents of the Town of Dover.
B.
Term. Advisory committee members shall be appointed every year by
the Mayor and Board of Aldermen during the annual reorganization meeting
for a term of one calendar year expiring on December 31 of the same
year. Any vacancy occurring in a term of membership shall be filled
in the same manner as the original appointment for the unexpired term.
C.
Responsibilities:
(1)
Design and implementation. The Dover Community Garden Advisory Committee
shall be responsible for the initial design and implementation of
the Community Garden.
(2)
Daily operation. The Dover Community Garden Advisory Committee shall
be responsible for the daily operations of the Community Garden.
(3)
Annual budget and donations. The Dover Community Garden Advisory
Committee shall be responsible for developing an annual operational
budget and securing charitable donations to operate and maintain the
Community Garden in coordination with the Mayor and the Board of Aldermen.
(4)
Educational campaign. The Dover Community Garden Advisory Committee
shall be responsible for developing a comprehensive educational and
awareness campaign to reach the Town's residents in coordination
with the Mayor and the Board of Aldermen.
The Community Garden shall be subject to the following rules,
regulations, and specifications:
A.
Hours. Dawn to dusk. Fence/gate must be kept closed and locked at
all times when no gardeners are present.
B.
Season. April 1 through November 15 or as otherwise established by
the Dover Community Garden Advisory Committee. Any deviation from
the identified season must be provided simultaneously in writing (email
acceptable) to the Town Administrator, the Department of Public Works,
the Chief Law Enforcement Officer, and the Chair of the Economic Development
and Redevelopment Committee. Cultivation and planting must be started
by May 1, and plots must be tended through the time of fall cleanup.
The Dover Community Garden Advisory Committee and their volunteer
gardeners are expected to spend an appropriate amount of time in maintaining
the Community Garden so that it remains attractive (recommended minimum
four hours per week).
C.
Parking. In designated or legal parking areas only.
D.
Structures. Elaborate garden structures, fountains or the use of
multiple decorative items are prohibited. However, stakes, tomato
cages and similar gardening devices are allowed and must be stored
and secured at the end of each season (wooden devices must be made
of non-chemical treated wood).
E.
Raised beds. The Community Garden located at Richards Avenue Park
shall be made of raised beds made of food safe wood. Chemical-treated
or pressure-treated wood shall not be allowed.
F.
ADA accessible. Raised beds and educational areas should be accessible
to residents with disabilities and the minimum width of a clear aisle
must be 32 inches or more to allow a general wheelchair to pass between
raised beds and passageways.
G.
Weeds. All waste, weeds, etc., shall be disposed of off-site except
for compostable matter, which may be disposed of in areas designated
by the Dover Community Garden Advisory Committee. No illegal or invasive
species of plants are permitted.
H.
Water. If water is available at the Community Garden, please note
that water from the watering spigots or rainwater storage containers
provided in the Community Garden should be treated as nonpotable and
is for use in the Community Garden only. Hoses are not permitted.
Water must be securely turned off after each use.
I.
Fertilizers and pesticides. The use of nonorganic pesticides, fungicides,
herbicides and fertilizers is prohibited.
J.
Tools and storage. The Dover Community Garden Advisory Committee
and their volunteer gardeners are responsible for storing tools in
the designated shed(s) within the Community Garden.
K.
Children. Children under 18 must be supervised by an adult. Pets
and other animals are always prohibited.
L.
Smoking/vaping/tobacco/alcohol products: Smoking of any substance
and vaping of any substance is prohibited at all times. Chewing tobacco
is prohibited at all times. Alcohol is prohibited at the Community
Garden at all times.
M.
Rules of conduct. All volunteer gardeners and visitors shall observe
all laws of the State of New Jersey, all ordinances of the Town of
Dover, the rules of conduct established by the Dover Community Garden
Advisory Committee, as well as the rules and regulations for the use
of Town of Dover parks and recreation spaces, and all other regulations
set forth in the Town of Dover Code.
N.
Indemnification. All persons using the Community Garden assume any
and all risks associated with the use of the Community Garden. Prior
to use of the Community Garden, each person shall execute and deliver
to the Town of Dover a hold harmless and indemnification agreement,
which the Town shall provide. No person shall be permitted to participate
in the Community Garden until said hold harmless and indemnification
agreement shall be signed and filed with the Clerk of the Municipality.
O.
Violations. Use of the Community Garden is a privilege. The Town
of Dover reserves the right to suspend or permanently revoke the use
of the Community Garden by any person for failure to observe the rules
and regulations established in this article or by the Dover Community
Garden Advisory Committee. Upon violation of any rule or regulation,
a written notice will be issued, and the violator will be given a
reasonable opportunity to correct the violation. If the violation
does not cease or is not cured within 14 days, a second written notice
will be issued. If the violation has not ceased or been cured within
14 days of the second notice, the person's entrance to the Community
Garden may be revoked. Any violation of any federal laws or State
of New Jersey laws may result in immediate suspension or revocation
of all garden privileges without notice pending the conclusion of
an investigation by the proper authorities and possibly an internal
administrative investigation. Volunteer gardeners and visitors may
also be suspended for any period of time ranging from 24 hours to
until further notice (UFN) for a violation or pending an investigation
into any allegations of a violation of any regulation of the garden,
ordinance of the Town of Dover, or any state or federal law.
