Allotment Terms and Conditions
- 1. General
- 2. Termination and Appeals Process in respect of the condition of cultivation on the plot or breach of Terms and Conditions
- 3. Cultivation
- 4. Water supply, hoses, bonfires, barbecues, carpets and rubbish
- 5. Animals and Livestock
- 6. Infrastructure
- 7. Security and safety
- 8. Rules, Terms, and Condition for Participation
- 9. Payment Membership Fee and Allotment rental
- 10. Assigning Procedure
- 11. Payment can be done:
The primary purpose of allotments is food production for the tenant. Secondary purposes include leisure or wildlife gardening, exercise, well-being and lifelong learning.
1.1 The allotment must not be used for any illegal, unauthorized, or immoral purpose. If a tenant is found guilty of any criminal office committed on an allotment site it will result in the immediate termination of the tenancy agreement without the right of appeal.
1.2 All children should be properly supervised at all times while on the allotment site. They are not allowed on other plots without that plot holder’s permission.
1.3 Tenants must use allotments for their own personal use and must not carry out any business or sell produce from allotments except 1) for official fund-raising purposes and 2) FFGA organized events.
1.4 No advertisement or display shall be erected on or near the allotment site for commercial gain.
1.5 Tenants, or any person connected with the tenant, are not permitted to reside on the allotment or stay more than one hour after sunset.
1.6 Only the tenant, or a person authorized by the tenant is allowed on the site. Tenants require permission to go onto another tenant’s plot. Tenants may host a small social gathering with the approval of the Council or Site Committee. Tenants are responsible for the behavior and safety of their guests.
1.7 The person named on the tenancy agreement must be the main user of the allotment unless permission has been obtained by the council for temporary cover. The length of cover will be decided by the council according to individual circumstances with a maximum of 12 months allowed. Such authorization does not confirm any rights to future tenancy.
1.8 Any incident of theft or criminal damage on site should be reported to the Police.
1.9 Any assault threats or aggressive behavior on site should be reported to the Police.
1.10 If the Council have clear evidence to support an allegation of crime committed by a tenant on any allotment site, the termination procedure will be activated.
1.11 In the event of any dispute between tenants the affected parties should contact the Council for mediation. The Council will not be able to act on disputes between tenants unless appropriate evidence is provided. The decision of the authorized Council Officer shall be final.
1.12 Any officer of the Council or any person appointed by the Council must be permitted to enter any allotment plot for inspection purposes.
1.13 The Council is not liable for any loss (including by accident, fire, theft, flooding or damage of any tools or contents of sheds and greenhouses). The Council must show due care and attention in the management of the allotment site in this regard.
1.14 The Council will not be liable for injury to any tenant or authorized person accompanying the tenant whilst on site. The Council must show due care and attention in the management of the allotment site in this regard.
1.15 Any special condition which the Council consider necessary to preserve the allotment garden from deterioration must be observed and carried out.
1.16 The Council reserve the right to revise, delete, or add to the Allotment Terms and Conditions at any time.
1.17 The Council allotment officer (or Site Committees on his/her behalf) will carry out regular site inspections to assess the plot against the Allotment Terms and Conditions. If any plot is found to be in breach of the Terms and Conditions, then the termination procedure will be activated.
1.18 New plot holders will be encouraged to seek mentors from existing plot holders to get some guidance and advice in the annual cycle of an allotment. Existing plot holders are encouraged to volunteer as mentors for new plot holders.
1.19 For the first 6 months of a new tenancy a probationary period is in place. This will allow the Council to terminate a lease during this period due to lack of cultivation or any breach of the Allotment Terms and Conditions by issuing a warning letter then final notice. During probationary period there no right of appeal.
1.20 Improved biodiversity is a key aim of the Council, and allotments already are a haven for wildlife. We encourage any wildlife friendly practices and any proven threat to protected species will result in immediate termination of the tenancy.
2. Termination and Appeals Process in respect of the condition of cultivation on the plot or breach of Terms and Conditions
2.1 All allotment plots should be cleared and ready for planting by the first weeks of November.
2.2 A preliminary site inspection will be made earlier in the year to identify any plot considered below the average cultivation standard of plots on that site. Enquiry letters will be issued asking the plot holder to contact the allotment officer or site committee within 2 weeks. If no reply is received a first warning letter will be issued.
2.3 Written Warning – This warning will give the plot holder 1 month from the date of the letter/email; to return the plot to an acceptable condition. An acceptable condition is defined as being in full compliance with the Allotment Terms and Conditions.
Termination Notice – A Termination of Tenancy Notice will be issued by the Allotment Officer if the conditions set out in the warning letter have not been complied with.
2.4 Failure to comply with any of the Allotment Terms and Conditions may result in the Termination Process being activated.
2.5 A plot holder has the right to appeal a termination notice. The appeal much be submitted in writing within 14 days of the date of the termination letter. The appeal should be addressed to the Parks Service Manager at Vicky’s Keys Volunteer Centre, The Keys road #2 – #8, Lane 3, Sucker Garden, UPQ, St. Maarten DWI.
2.6 Appeal Process
An appeal hearing will be called where the plot holder will have an opportunity to present their case. The hearing will comprise of a panel of two allotment chairs from other sites and will be Chaired by the Parks Service Manager. The decision of this panel is final. There are 4 options available to the panel as follows:
- Uphold the termination
- Re-instate the plot holder with a probationary period of 6 months, where any further breach of the Allotment Terms and Conditions will result in immediate termination with no right to appeal.
- Re-instate the plot holder (no probation).
- Re-instate the plot holder on subdivided plot.
Appeal Hearing will be minuted and minutes circulated to both appellant and panel to ensure there is a record of the process. There will also be the opportunity for all present to ask questions of either party and of any witnesses and for both parties to sum up their case at the end.
Step by Step
- Case presented by the Council
- Questions to the Council from the appellant and the appeal panel
- Appellant’ case
- Question to the appellant from the Council and the appeal panel
- Summing up of the case by the Council
- Summing up of the case by the appellant.
If a probationary period is activated, a review by the Appeal Panel will take place after the 6 months during which a decision will be made by the Panel as to whether the conditions of the probationary period have been met. If there are no issues, the tenant will remain on the plot, if there are breaches of the conditions of Probation or Allotment T&Cs the Panel have a right to immediately terminate with no further right of Appeal.
3.1 A minimum of three quarters of any plot shall be in a cultivation cycle*, with a minimum of 3 crops being grown and be generally in a tidy condition.
*Cultivation cycle is defined as ground preparation, planting of crops, tending and harvesting fruit and vegetables on a continuous annual basis.
3.2 Non-cultivation of a plot to this standard will result in termination of tenancy.
3.3 Soil, topsoil, gravel, sand or clay must not be removed from the allotment site.
3.4 No trees or shrubs growing on or near the boundary, or any tree except orchard fruit trees growing on a plot, may be pruned without permission from the Council’s Tree section.
3.5 Fruit trees on individual plots may only be pruned providing the branches to not exceed 3 inches / 8 cm in diameter, no power tools are used, and the branches must be reached from the ground.
3.6 Only fruit trees may be planted and must be on a dwarf root stock, they must be planted as near to the centre of the plot as possible. The Council may instruct that any trees that are a nuisance to others are to be removed by the plot holder.
3.7 Shrubs including fruit bushes must be kept under control and not cover more than 25% of the area of an allotment. They must not overshadow adjoining allotment plots, or overhang boundaries or encroach on pathways.
3.8 Existing hedges forming part of an allotment must be properly cut and trimmed, they must not overhang paths, plot boundaries or overshadow neighbouring plots. Max height of any new permitted hedging will be no more than 1.2m (4 ft).
3.9 On any plot no single crop may cover more than 25% of the plot.
3.10 The issue of allowing crop rotation and leaving the ground fallow is an important one. If a plot holder would like to leave an area of the plot fallow, it must be requested in writing, setting out the dimensions of the area and period of time required. This will be considered by the Allotment Officer and agreed if appropriate.
4. Water supply, hoses, bonfires, barbecues, carpets and rubbish
4.1 No connections or alterations may be made to any aspect of the water supply unless express permission has been given by the Council. Water supplies will be turned off during a pending hurricane event.
4.2 Hand held hoses shall only be used when actively supervised to ensure that water is not wasted. Hoses must be turned off and be disconnected from the standpipe on leaving the site. They must not be used when a hosepipe ban is in force. Sprinklers or irrigation systems are not permitted.
4.3 Bonfires are banned. Any plot holder contravening these conditions will be dealt with via the termination policy.
4.4 Barbecues are only permitted if no nuisance is caused to nearby tenants and residents and must not be left unattended.
4.5 Carpets/underlay may not be used to cover plots.
4.6 All maturing composting materials must be stored in properly constructed containers or well-maintained heaps.
4.7 Rubbish and household waste must not be brought onto the allotment or any part of the site. All rubbish created on site by the tenant is to be removed by them from the site.
5. Animals and Livestock
5.1 Dogs must not be brought onto any part of an allotment site unless kept on a lead and under proper control at all times. Dogs may only be in common areas and the plot of the person in charge of the dog; they require permission to go onto other tenant’s plots.
Proper control on allotments is defined as a dog being a lead, muzzled if the dog requires it, and close enough to the person in charge that it can be restrained if necessary or responding immediately to voice commands.
Following investigation, sanctions for breaches include a 6-month probationary period during which a further dog-related incident may result in termination; the dog being excluded from the allotment; and a penalty under the Council’s Public Spaces Protection Order (Dog Control).
5.2 Livestock must not be kept on the site without the express and prior permission of the Council and Site Committee including inspection of the proposed facilities. Housing for poultry including runs must not exceed 25% of the total plot. Tenants shall comply with the Council Code of Practice rules on keeping of poultry.
5.3 Tenants are responsible for providing adequate welfare for all livestock. Any concerns will be investigated and reported by the Council to the RSPCA if appropriate.
5.4 Beehives are only allowed on the site if permission has been expressly granted by the Council in consultation with the Site Committee. If permission is granted, bee keepers will be required to be members of a local bee-keeping society.
6.1 No new buildings or structures, including fencing, may be erected by the tenant on the site other than sheds, greenhouses, fruit cages and polytunnels (without permanent bases) The total infrastructure must not exceed 25% of the total plot.
6.2 New sheds, greenhouses and polytunnels must not exceed the following sizes: 6’x10’/1.8m X 3.0m for sheds & greenhouses 8’x10’/2.4m X 3m for polytunnels. The maximum height of any structure must not exceed 2 metres in height at the eaves. Any new structure that overshadows or restricts access to neighbouring plots will have to be removed, for this reason it is advisable to consult anyone who may be affected before construction begins.
6.3 All paths including main paths must be kept clear of obstructions at all times and must not be encroached upon.
6.4 Neighbouring plot holders will have a shared responsibility for keeping any path between their plots clear and well maintained.
6.5 Barbed wire must not be used on any part of on the allotment site.
6.6 Tenants are responsible for clearly marking and maintaining the plot number on site.
7. Security and safety
7.1 Tenants are responsible for locking the site gate on entry and exit at all times.
7.2 Site keys must be returned on termination of tenancy.
7.3 Access to the site must only be gained by an authorized entrance; tenants must not make any other means of entrance or exit.
7.4 Tenants must not store or use any hazardous or poisonous materials on their allotment plot.
7.5 The Council should be notified of any rodent or other similar pest infestation.
7.6 Neighbouring plots, gardens and watercourses must not be affected by the application of pesticides. A ‘pesticide’ is any agent exerting biological control over living organisms and, as such, includes herbicides, pesticides, fungicides, algaecides, moss killers and all such products or materials. Pesticides must be fit for the purpose for which they are intended. All pesticides shall be used in strict accordance with the manufacturer’s instructions. Spraying pesticides must be confined to still days and not affect neighbouring plots.
7.7 Tenants shall comply with the FFG Council’s Code of Practice “Challenging and Preventing Discrimination, Harassment & Bullying”
8. Rules, Terms, and Condition for Participation
- The (organization/garden manager) is the highest governing authority at the (Name) Community Garden.
- Breaking any rules, terms, and conditions is cause for exclusion from the garden and loss of your plot.
- You will receive one verbal warning from the garden manager.
- If no response or correction has been made, you will receive written notice two weeks later.
- In another two weeks, if no response or correction has been made, you will receive written final notification that you have forfeited your gardening privileges and plot.
- You will be allowed to reapply for another garden plot only after one year, and only at the discretion of the garden manager.
If accepted as a gardener, I will abide by the following rules, terms, and conditions.
- I use this garden at the sole discretion of (…..) Community Garden. I agree to abide by its policies and practices.
- The FFGA membership fee to become eligible for the use of the garden is ANG 72,- or US$ 40.00 per plot, per year (January 1 – December 31), due on or before January 1. Fee for half a year after beginning July 1 or later is ANG 36,- or US$ 20.00. There are no refunds.
- Once I have been assigned a plot, I will cultivate and plant it within two weeks. I will garden year round taking hurricane season precautions and measurements into consideration. My plot cannot be left fallow or unused for any period of three weeks or longer, more than one time a year.
- My plot is (…x. ) meter / (….. x ……) feet. I will not expand my plot beyond this measurement or into paths or other plots.
- I will keep all my plants within the limits of my garden plot and will not allow any plants to grow more than 1.80 meter / 6 feet high. I must keep my plot free of weeds, pests and diseases.
- I will keep my plot, paths, and surrounding areas clean and neat.
- I will completely separate my trash into three groups:
- 1) dead plants, leaves, and other green waste plant parts;
- 2) rocks, stones, and asphalt; and
- 3) paper, plastic, cardboard, wood, metal, etc.
- I will put each type of trash only in the areas designated specifically for each. Anything I bring from my home I will take back home. I will not bring household trash and leave it at the (……….) Community Garden.
- I will not plant any illegal plant. I will not smoke, drink alcoholic beverages, use illegal drugs, or gamble in the garden. I will not come to the garden while under the influence of alcohol or illegal drugs. I will not bring weapons or pets or other animals to the garden.
- Guests and visitors, including children, may enter the garden only if I accompany them. They must follow all rules, terms, and conditions stated here. I will supervise my children at all times when they are in the garden. I am solely responsible for the behavior of my guests.
- The garden manager will assign me general garden maintenance tasks each month, and I must complete them by the end of the month that I am assigned them.
- I will water my plot according to water-wise guidelines. (If I use more than the recommended amount of water, I will pay a fee each month to cover the cost of this additional water.
- I will attend the regular (bi-monthly) garden club meetings.
- If workshops are offered, I will attend at least one of each of the following topics:
- soil preparation and maintenance,
- watering the vegetable garden,
- and pest and disease control.
- I will not apply any pesticides in the garden without the approval of the garden manager.
- I will not make duplicate keys of any locks at the garden or give my key or lock combination to another person.
- I will not take food or plants from other gardeners’ plots. I will not take anything from the garden that is not rightfully mine.
- I will respect other gardeners, and I will not use abusive or profane language or discriminate against others.
- I will work to keep the garden a happy, secure, and enjoyable place where all participants can garden and socialize peacefully in a neighborly manner.
- I forfeit my right to sue the owner of the property.
9. Payment Membership Fee and Allotment rental
The FFGA membership fee to become eligible for the use of the garden is ANG 72,- or US$ 40.00 per plot, per year (January 1 – December 31), due on or before January 1. Fee for half a year after beginning July 1 or later is ANG 36,- or US$ 20.00. There are no refunds.
During registration a choice of allotment size is stated. Allotment sizes to choose from are:
- 30 m2 / 320 ft2 @ ANG 135,- / $ 75 per year
- 50 m2 / 528 ft2 @ ANG 225,- / $ 125.- per year
- 60 m2 / 660 ft2 @ ANG 270,- / $ 150.- per year
- 100 m2 / 1089 ft2 @ ANG 450,- / $ 250.- per year
10. Assigning Procedure
- Once the applicant registration has been reviewed the membership contract is sent by email and it’s mandatory to pay the membership fee.
- An allotment plot will be assigned to the new member. Mind you – those who come first are eligible for allotments at the front of the park. At a later time it would be possible to change plots once possible and under consultation with other members who would be interested to change plots as well.
- An Allotment Rental Contract is sent to the new member and it is required to pay the allotment rental amount of choice up front.
- We only accept bank payments on the bank account of Vicky’s Keys Volunteer Centre where FFGA holds office.
11. Payment can be done:
- at Vicky’s Keys Volunteer Centre with debit or credit card.
- or through bank transfer to:
RBC Royal Bank N.V.
24 Cannegieter Street
St. Maarten, Dutch Caribbean
Beneficiary: Vicky’s Keys
USD Bank Account: 8200009990059791
I have read and understand the application and accept these rules, terms, and conditions stated above for the participation in the FFGA Community Garden
END OF T&C