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Landscape – Great Idea! X-LArch III - Department für Raum ...

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84<br />

the City applied the military sounding name as a clear<br />

reflection of the dire situation in neighborhoods that it<br />

was hoped development of community gardens would<br />

alleviate [7]. GreenThumb remains a program that provides<br />

materials and technical assistance to gardeners and<br />

that manages the leases of public land for gardening [8].<br />

When signing the lease of a garden lot, the gardeners<br />

agree to observe certain rules: for example, the lease<br />

“(…) will be terminated if there is an ‘illegal structure’ on<br />

the property, an ambiguous term defined as ‘any enclosed<br />

structure’.” (Sciorra, 1996: 81)<br />

Urban renewal programs were finally re-enacted under<br />

of Mayor Edward I. Koch, following his re-election in<br />

1985 [9]. “According to the city‘s department of Housing,<br />

Preservation and Development, some $1.3 billion of city<br />

funds went into the South Bronx alone”. (Worth, 1999)<br />

The South Bronx was built up again, not with the previous<br />

five-to six-story tenements, but with owner-occupied<br />

houses with private yards that were of low density and a<br />

maximum of three stories high. The housing was subsidized<br />

to enable more residents to own the land they lived<br />

on in order to socially and economically stabilize the area<br />

[Fig. 3].<br />

With the ongoing redevelopment population numbers<br />

increased again, while the access to open space decreased<br />

[10].<br />

The community gardens that had helped to trigger this<br />

re-development were now endangered, since the land<br />

they occupied increased in value and since there was no<br />

legislation in place to protect their status as open space<br />

[11]. A survey conducted by the American Community<br />

Gardening Association in 1996 states “there is now no<br />

new long term protection other than permanent transfer<br />

to Parks. Despite trying other mechanisms to protect<br />

those lots in intermediate status, there is still no answer<br />

to the permanency dilemma.” [12] (American Community<br />

Garden Association, 1997)<br />

In 1999, New York City announced the auction of public<br />

land occupied by 112 community gardens, based on<br />

Mayor Giuliani’s perspective that „this is a free-market<br />

economy. The era of communism is over.“ (WABC, 1999)<br />

The arrest of gardeners protesting the auction called<br />

public attention to the situation and one day before the<br />

land was to be auctioned off, the non-profit organizations<br />

the Trust for Public Land and the New York Restoration<br />

Project bought the properties for $4 million [13].<br />

In the same year, New York State Attorney General<br />

Eliot Spitzer sued the city for neglecting to provide an environmental<br />

assessment of the impact on neighborhoods<br />

caused by selling community gardens.<br />

In February 2002, the judge in the Spitzer case issued<br />

a temporary restraining order to stop the auctioning of<br />

community garden land. The order terminated in September<br />

of the same year in the Community Gardens Agreement.<br />

This settlement preserved most of the existing<br />

community gardens by transferring them to the jurisdiction<br />

of the <strong>Department</strong> of Parks and Recreation. At the<br />

same time, it allowed the city to develop immediately<br />

some garden sites with affordable housing and to build<br />

upon other gardens, when they had undergone a Garden<br />

Review Process and the gardeners had been offered an<br />

alternative gardening lot in the vicinity [14].<br />

Today there are over 600 community gardens in New<br />

York City, many administered by the GreenThumb<br />

Program [15]. Their design varies, depending on the<br />

neighborhood and the group of residents that created the<br />

garden. In general, the elements of the landscape disclose<br />

that the space is commonly used: a small sheltering<br />

structure, a barbecue, benches and tables <strong>–</strong> all next to<br />

small, individual gardening beds.<br />

The safety and liability standards required by insurance<br />

and applied to other municipal parkland are often<br />

not met in a community garden, which provides city officials<br />

with arguments to curb the “impending privatization<br />

of public space” by imposing new rules in regard to the<br />

use of community garden land. In practice though, rules<br />

can be interpreted. In 1984, for example, GreenThumb’s<br />

former Director, Jane Weissman, had in regard to illegal<br />

structures on garden sites “(…) to a large degree turned<br />

a blind eye to gardens with casitas”, because she<br />

had “(…) realize(d) that any attempt to do away with it<br />

would drastically reduce Puerto Rican involvement in<br />

municipal-sponsored gardening.” (Sciorra, 1996: 81) In<br />

2007, city officials from the <strong>Department</strong> of Buildings and<br />

the <strong>Department</strong> of Parks and Recreation drew up new<br />

standardized guidelines concerning the construction of<br />

structures in community gardens. This issue had already<br />

been discussed in 1991, when “as a result of increased<br />

media attention, city hall pressured GreenThumb to<br />

develop an officially-sanctioned, standardized, open-air<br />

structure (…).” (Sciorra, 1996: 81)<br />

The new guidelines specify that the roofed area of a<br />

structure must be a maximum of 150 Square Feet (about<br />

14 Square Meters), the height is restricted to a maximum<br />

height of 10 Feet (about 3 Meters) and that a distance of<br />

6 Feet (about 1.80 Meters) has to kept from all lot lines.<br />

In addition, the enclosure has to be optically permeable,<br />

because often garden structures, particularly “casitas”,<br />

were utilized in unsafe ways that also was to city officials<br />

a sign of privatization of public space. In 1996, the structures<br />

were described as follows: “Casita interior space is<br />

furnished with many of the comforts of home; a table and<br />

chairs, a couch, and even a television. A number are outfitted<br />

with a small but operational kitchen complete with<br />

a refrigerator, running water and a working stove. Gas is<br />

supplied from a refillable tank and water is obtained from

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