§ 6-02 Application.

This chapter establishes certain procedures with respect to the operation of Gardens registered and licensed with GreenThumb on September 17, 2010, or first registered and licensed with GreenThumb within the exercise of the Department's discretion after September 17, 2010. This chapter also establishes certain procedures with respect to the Transfer of the Lots upon which such Gardens are located.

§ 6-03 Licenses.

   (a)   The Department will issue a License if the proposed Licensee and Garden meet the Registration criteria established by GreenThumb. The Department shall renew such License if the Licensee complies with the terms and conditions set forth therein and continues to meet the Registration criteria established by GreenThumb. If the Licensee has not complied with the terms of or fails to renew the License, fails to meet the Registration criteria established by GreenThumb, abandons the Garden, or if an Uncured Default has occurred, the Department will attempt to identify a successor Gardening Group and offer a License to it for the Garden. The Department's efforts to identify a successor Gardening Group will include contacting the local community board and councilmember and may include contacting nearby Gardening Groups. The Department's efforts to identify a successor Gardening Group may begin as early as the Department determines necessary in order to retain the Lot's use as a Garden, but shall not extend beyond 3 months of after any Uncured Default, at which point the Garden is subject to Transfer.

   (b)   Licenses will set forth terms and conditions under which the Licensee will design and install a plant garden on a Lot and will thereafter maintain such Garden and all plants and conforming structures contained therein (including, but not limited to, all raised plant beds, planters, tables, benches, and other ornamental items) in a safe and orderly condition. The Department may permit other uses of the Lot that are compatible with gardening and are authorized pursuant to the License.

   (c)   Any license agreement from the City to any party performing work on the Lot or development work on an adjacent property that affects the Lot shall require the licensee to return the Garden to a condition similar to that which existed prior to commencement of said work.

   (d)   The License will provide that (i) the Licensee accepts the Lot "as is," in whatever condition it may be on the date the License is fully executed, (ii) the City makes no representation or warranty of fitness of the Lot for gardening purposes, (iii) the Licensee must meet GreenThumb's Registration and License requirements; (iv) the Licensee must comply with all applicable federal, state, and local laws, rules, regulations, codes, and ordinances, and (v) the Licensee must comply with such other requirements as the Department may establish.

   (e)   The City will retain title to the Lot and the Licensee will not have any leasehold or other interest in the land comprising such Lot, any improvement thereon, or any equipment provided by GreenThumb.

§ 6-04 Active Gardens to be Preserved; Gardens not Deemed Mapped Parkland.

Except as provided in 56 RCNY § 6-05, all Lots under the Department's jurisdiction will be used and preserved as Gardens as long as they comply with the Department's registration and licensing requirements. Lots are not dedicated as, and will not be deemed to be dedicated as, parkland unless they have otherwise been mapped as parkland by the City.