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Ordinance amending and supplementing the Pittsburgh City Code, Title 4: Public Places and Property, Article VII: City Realty by adding a new Chapter 456: City Farms Garden Program, to authorize the Department of Parks and Recreation to establish a Garden Program, which permits urban agricultural activities on permanently City-owned property, all under certain terms and conditions.
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The Council of the City of Pittsburgh hereby enacts as follows:
§ 456 City Farms Garden Program
§ 456.01 Definitions.
For purposes of this Chapter, the following definitions apply:
(a) GARDEN PROJECT means an authorized garden permitted pursuant to this Chapter and the Program Toolkit on permanently City-owned property.
(b) GARDEN STEWARD means an individual, business, or community-based group responsible for maintaining and operating a specific, designated area of permanently City-owned property.
(c) PROGRAM PARTICIPANT <https://ecode360.com/45446698> means an individual granted a license by the City or a lessee under a Lease to perform gardening activities authorized under the City Farms Garden Program on the lessee's leased area of permanently City-owned property.
(d) URBAN AGRICULTURE LICENSE means an annual, nonexclusive garden license agreement granted by the City to use a small plot of permanently City-owned property for a garden by an individual. The duration of each license, including any permitted renewal, must be less than one (1) year. Current licensees may have the option to renew the license, subject to compliance with the terms therein. At all times, the license must be revocable by the City at its convenience, without cause, by providing thirty (30) days prior written notice.
(e) URBAN AGRICULTURE LEASE means a one-year agreement granted by the City to steward a specific, designated area of City-owned property for urban agriculture. Following the successful completion of the first term, then the current Garden Steward will have the option to renew the Urban Agriculture Lease for a one- to five-year term. Limited commercial off-site vending of unprocessed edibles or flowers grown on site would be permitted up to twenty-five thousand dollars ($25,000.00) annually, subject to all applicable laws, ordinances, and regulations involved with the use of City property and/or the sale of food to the public, including, but not limited to, City vending requirements, Allegheny County Health Department regulations, federal and Commonwealth of Pennsylvania food and accessibility laws, FDA regulations, and the City's Zoning Code, including provisions relating to outdoor retail sales, and any other applicable local, state and federal laws.
(f) PROGRAM TOOLKIT means a guide developed by the City regarding the process, rules, requirements, and available resources for the City Farms Garden Program.
§ 456.02 Creation of City Farms Garden Program; Powers of Director of Parks & Recreation.
The Director of the Department of Parks and Recreation ("Director") shall establish a City Farms Garden Program ("Program"), which will permit the granting of Urban Agriculture Leases on permanently City-owned property, including parks, greenways, ballfields, and hillsides in accordance with all Program requirements. In connection therewith, the Director shall have the following powers and responsibilities:
(a) <https://ecode360.com/45446698>To appoint an open space specialist or other designee to administer the Program for the City, to coordinate with applicable City department representatives, and to serve as a single point of contact for all Garden Projects pursuant to this Chapter;
(b) <https://ecode360.com/45446698>To execute Leases as defined herein on behalf of the City. All lease agreements authorized hereunder shall be subject to the review and approval of the City Solicitor; and
(c) <https://ecode360.com/45446698>To promulgate Program Toolkit amendments, supplements and/or new additions and/or to promulgate other additional rules and regulations for lessees and Program participants, including, but not limited to, requirements regarding soil testing, hours of operation, signage, limitations on fencing and use of structures, entrance paths, refuse storage, tool storage, fertilizer use, water use, mulch use, composting, and approved vegetation.
§ 456.03 Additional Program Conditions.
(a) <https://ecode360.com/45446698> All Garden Projects hereunder must comply with the applicable zoning laws for the zoning district in which the garden is located, including, but not limited to, setback and use requirements.
(b) <https://ecode360.com/45446698> All Garden Projects shall use the Program Toolkit to the maximum extent feasible in order complete applications for, as well as the administration of, the City Farms Garden Program.
(c) <https://ecode360.com/45446698>The City may, but shall not be required to provide any funding, tools, water, equipment or supplies to lessees, or Program participants.
(d) Consideration for the Urban Agriculture Leases shall be garden services rendered, plus other good and valuable consideration.
(e) Obtaining additional required permits and approvals associated with requested occupancy, building, structures, zoning and/or sales are the sole responsibility of the lessee and/or Program Participants, as applicable.
(f) All lessees, and Program Participants gardening on City property under the Program must execute releases to hold the City harmless from all liability in a form approved by the City Solicitor.
(g) All lands and structures leased under the Program are subject to entry and inspection by the City, and all lessees and Program Participants gardening on City property under the Program shall be subject to violation notices and/or citations for failure to comply.
(h) All proposed Garden Projects under the Program shall be subject to community process as outlined in the Program Toolkit.
(i) Indemnification provisions must be included in all Leases authorized under this Chapter in a form approved by the City Solicitor. Insurance provisions naming the City as a certificate holder must be included in all Leases.
(j) Violation of the terms of this Chapter, any license or lease authorized hereunder or any rules or regulations promulgated by the Director as authorized hereunder may result in an immediate termination of the Lease and/or a permanent loss of the privilege to participate in the Program in addition to any remedies the City may have for violations of applicable law or contract.