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Berkeley Heights Learning Community Garden
Application Agreement and Operating Rules for 2018-2019
Berkeley Heights Environmental Commission
Berkeley Heights Township Applications must be received on
www.berkeleyheightstwpnj.gov
or before: November 10, 2018
Name of Primary Gardener (Please Print)
Address
Cell/Home Phone Number
Email Address
Please submit this completed application by mail, in person to:
Berkeley Heights Recreation Department, Township of Berkeley
Heights Municipal Building, 29 Park Avenue, Berkeley Heights,
NJ 07922.
Application Agreement
Any resident of the State of New Jersey may apply for
a plot at the Berkeley Heights Learning Community
Garden (BHLCG), located at the Littel-Lord
Farmstead, 31 Horseshoe Road, Berkeley Heights, NJ
07922. The Community Garden Committee
(Committee) consists of two (2) representatives from
the Environmental Commission and one (1) Berkeley
Heights resident. The Committee will be expanded to
include three (3) new members, with a maximum of
eight (8) members, once applications for the 2018-19
year have been received and candidates have been
identified.
The undersigned applicants understand the purpose of
the BHLCG is to:
Provide a place for people of all ages to
experience the rewards of gardening;
Promote organic farming methods and
sustainable living;
Foster community pride and unity; and
Encourage environmental stewardship and
awareness.
Each person wishing to participate in the BHLCG shall
be known as an “Applicant” or “Gardener”.
By signing this Application Agreement, each of the
below-listed Gardeners agree that in consideration of
the Commission’s granting them the opportunity to
participate in the BHLCG, they shall accept and abide
by the BHLCG’s operating rules (Rules) included
hereto as Attachment A throughout the term of their
membership in the BHLCG. For the avoidance of
doubt, the Rules shall be incorporated into and be
considered part of this Application Agreement. The
Rules for the BHLCG shall be unilaterally made,
amended, and enforced by the Committee.
This Application Agreement shall terminate and have
no further force and effect on that date that is one (1)
year from the date first set forth above. Those
Gardeners wishing to participate in the BHLCG during
Payment is due upon notification of acceptance.
Make payment to Berkeley Heights Environmental
Commission
Garden Plot Fee (Annual) $65*
Security Deposit $50
Amount Due: $115
*$60 of the Garden Plot Fee will go towards water
supply and maintenance needs of the garden. $5 will
go towards a contingency fund for unanticipated
costs. The $50 security deposit will be refunded once
the plot is cleared at the conclusion of the growing
season and a minimum of 8 volunteer hours are
completed (by November 1, 2019).
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the immediately consecutive year shall complete and
submit a new Application Agreement before the date
first set forth above.
The BHLCG will consist of about thirty (30) raised-bed
plots (each, a Plot), each measuring 4 feet by 12 feet in
size. The BHLCG will operate as an organic garden
and will be surrounded by a 7 to 8 foot-high deer fence.
If there are more Gardener applicants in a given year
than there are Plots available that year, the Plots will be
assigned via a lottery system. There is a limitation of
one Plot per household, unless there are fewer
Gardeners in a given year than there are Plots available.
The Committee shall annually reserve one Plot, which a
Committee-designated appointee shall maintain, the
food proceeds from which shall be donated to one or
more charities of the Committee’s choosing.
No Gardener may assign or transfer their Plot. If for
any reason a Gardener can no longer participate in the
BHLCG, the Gardener shall notify the Commission as
soon as possible. The Commission shall have sole
discretion to determine whether to assign such
Gardener’s Plot to another Applicant or current
Gardener for the balance of the applicable year.
The undersigned Gardener hereby recognizes and
acknowledges that using the BHLCG is a privilege. In
consideration thereof, the undersigned Gardener and
any guest, employee, contractor, or other person whom
such Gardener grants permission to access or work in
the BHLCG hereby releases and forever discharges the
Commission, the Township of Berkeley Heights, and
each of their respective members, spouses, heirs,
executors, legal representatives, agents. employees,
representatives, and assigns (collectively, the BH
Group) from all manner of legal actions, causes of
actions, claims, and demands for damages, including,
but not limited to, loss or injury to person or property
arising out of or in connection with the BHLCG.
The undersigned Gardener further agrees to defend,
indemnify, and hold harmless the BH Group from any
and all claims, actions, liabilities, losses, damages, or
lawsuits arising out of or in connection with the
BHLCG. The undersigned Gardener further agrees to
pay all reasonable attorneys’ fees, costs, and expenses
necessary that the BH Group incurs to enforce this
Application Agreement.
IN WITNESS WHEREOF, the undersigned
has entered into this Application Agreement and agrees
to be legally bound as of the date first set forth above.
Signature of Primary Gardener
Additional Gardeners of same household:
Name of Additional Gardener (Please Print) Signature
Name of Additional Gardener (Please Print) Signature
Name of Additional Gardener (Please Print) Signature
Name of Additional Gardener (Please Print) Signature
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Attachment A
BHLCG Operating Rules
I. General Garden Operation
1. Primary Gardeners must be at least 21 years
old.
2. Additional Gardeners of the same household
must be at least 13 years old to work in the
Garden unsupervised. All gardeners over the
age of 17 who will have access to the garden
must sign the Application Agreement.
3. Garden operating hours are from dawn to dusk,
7 days a week. The BHLCG must remain
locked when Gardeners are not present. It is
the responsibility of each Gardener to ensure
the gate is locked upon exiting the BHLCG.
Gardeners will receive the lock combination
once they have paid in full their annual
membership fee.
4. The BHLCG’s gate lock combination must be
kept confidential and only shared with those
whose names are listed on the Application
Agreement. A violation of this provision is
grounds for immediate termination of the
Gardener’s BHLCG’s membership, in the
Committee’s sole discretion.
5. Any water spigots a Gardener (or their agent)
turns on while at the BHLCG must be turned
off before such Gardener or their agent leaves
the BHLCG.
6. If a Gardener, or their guest or agent, uses a
hose, then such Gardener shall be responsible
for ensuring that such hose is returned to the
spigot post where it belongs, and coiled.
7. Shared tools and equipment may not be
removed from the BHLCG, and must be
properly cleaned and stored in the shed after
use. Items a Gardener brings from home are
that Gardener’s responsibility and should not
be left in common areas of the BHLCG,
including the shed.
8. Parking: Gardeners may park on the road next
to the property or in the driveway next to the
museum except when the museum is open,
which is usually on the third Sunday of the
month from 2 to 4 pm, from April to October.
II. Time Commitments
9. All Gardeners who are awarded a Plot during a
given year are required to attend an
informational meeting, the date of which the
Committee shall select and determine in its
sole discretion. If a Gardener cannot attend
such meeting, they must promptly notify the
Committee, in advance of this meeting.
10. Gardeners for the 2018-19 year must commit
to donate 4 hours of their time assisting with
constructing the BHLCG.
11. Gardeners must commit a minimum of 4 hours
of volunteer time on common area
maintenance for the BHLCG during their Plot
term, on dates and at times to be determined by
the Committee. Common-area maintenance
includes, but is not limited to: weeding,
maintaining compost, mowing lawn, and
spreading wood chips.
III. Gardening Techniques
12. All Gardeners participating in the BHLCG
must follow organic gardening techniques.
Non-organic fertilizers (such as Miracle Grow)
and pesticides may not be used unless under
extraordinary circumstances and only with
receipt of Committee approval. The
Committee will provide a list of acceptable,
pesticides, fertilizers, and mulch in the binder
to be stored on-site (On-Site Binder) the
BHLCG. Any items not listed will require
separate Committee approval.
13. A Gardener must plant/use their Plot on or
before May 30, 2019. Failure to comply with
this provision shall result in such Gardener’s
forfeiture of such Plot during the applicable
year, at the Committee’s discretion.
14. Gardeners are responsible for keeping their
respective Plots neat by harvesting ripe crops,
staking and tying up plants that are growing
beyond their bed, and removing weeds and/or
fallen crops in and around their bed.
15. Wood chips may not be used as mulch in the
Plots. Mulching with hay or straw is
permitted.
16. Should a Gardener be unable to tend to their
plot due to illness or vacation, they must
contact the Committee in order to make
appropriate arrangements regarding their Plot.
17. Invasive or illegal plants are not allowed. A
list of prohibited plants will be included in the
On-Site Binder. The growth or use of illegal
substances is strictly prohibited and will result
in the Gardener’s immediate expulsion from
the BHLCG and revocation of their Plot.
18. Temporary plant supports that are no higher
than 5 feet are permitted, e.g. tomato cages and
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trellises. The Committee must approve all
other structures.
19. Plots must be completely cleared out and
raked at the end of the gardening season
(November 1
st
). Gardeners must remove all
plant debris, weeds, plastic plant tags, and
other objects from their Plot on or before such
date.
20. A Gardener must notify the Committee in
writing if they are unable to maintain their
Plot. The application fee will not be refunded.
IV. Plant Diseases and Pests
21. Gardeners must immediately report diseases
and pests to the Committee. The Committee
will provide a fact sheet on identification and
treatment of disease to be included in the On-
Site Binder In certain cases, the Committee
will provide instructions to treat and/or remove
of plants for pest and disease control. Each
Gardener shall be responsible for immediately
treating plant diseases and pests, whether or
not they receive from the Committee such
instructions for treatment.
22. Infected plants may not be composted and
must be disposed of off-site.
V. Composting and Waste Disposal
23. Composting discarded plants is encouraged to
recycle nutrients. The Committee will provide
compost containers.
24. When composting, do not compost diseased
plants, tomato fruits, weeds with seeds, straw,
or hay.
25. When composting, shred discarded plants into
3-inch pieces.
26. All non-compostable waste must be taken
offsite. THERE IS NO WASTE DISPOSAL
SERVICE AT THE BHLCG. Each Gardener
shall be responsible for disposing of his or her
waste in such manner.
VI. Good Garden Etiquette
27. Fostering community pride and unity is one
of the goals of the BHLCG. All Gardeners
must maintain good conduct and civil behavior
at all times.
28. No Gardener shall water, touch, or take items
from another Gardener’s Plot, unless given
explicit permission to do so from such other
Gardener or from the Committee.
29. Gardeners must refrain from verbally or
physically abusive behavior.
30. The use of amplified devices and noise is
prohibited.
31. Children under the age of 13 must be
supervised by an adult Gardener at all times.
32. Children are not allowed to engage in
roughhousing or other behavior that would
disturb other Gardeners.
33. Gardeners who are parents or guardians are
solely responsible for supervising their
children and any children visiting BHLCG as
their guest(s). Such Gardeners shall also
responsible for teaching these children the safe
use of tools, gardening methods, and garden
etiquette.
34. Smoking in and around the BHLCG is strictly
prohibited. No exceptions.
35. Service animals are the only animals
permitted in the BHLCG.
36. Grievances: Gardeners should first try to
resolve any grievances with fellow Gardeners
amongst themselves. If a Gardener is unable to
resolve a grievance with a fellow Gardener,
he/she may ask the Committee to assist in
achieving a resolution.
VII. Compliance
A Gardener’s failure to comply with these Rules (1)
may result in forfeiture of that Gardener’s Plot, Plot
Fee, and Security Deposit and (2) shall preclude such
Gardener from being eligible for a Plot in future garden
seasons.
VIII. Amendments
The Committee may update, revise, edit, delete,
amend, and supplement one or more of these Rules at
any time, at the Committee’s sole discretion.