[HISTORY: Adopted by the Board of Trustees of the Village of Roslyn Harbor 11-13-2001 by L.L. No. 7-2001; amended in its entirety 1-9-2018 by L.L. No. 1-2018. Subsequent amendments noted where applicable.]
Editor's Note: This local law also changed the title of the chapter from "Gardeners and Landscapers" to "Professional Property Maintenance."
The Board of Trustees of the Incorporated Village of Roslyn Harbor hereby determines that in order to protect the public health, safety and welfare of the residents of the Incorporated Village of Roslyn Harbor, the public interest requires registration and licensing of landscapers and arborists operating within the Village so that their activities relating to the use of Village streets, hours and days of operation, removal and trimming of trees, use of equipment, and the removal and disposal of landscape materials from real property within the Village can be more closely monitored by the Village to enforce compliance with the Village Code.
Except as provided herein, all persons, partnerships, companies, corporations or other business entities who or which perform any landscaping and arborist functions within the Incorporated Village of Roslyn Harbor shall be licensed in accordance with this chapter. Landscaping functions may be performed without a license by the owner or occupant of the real property upon which the work is being performed, or by the employee of such owner or occupant, provided that such employee does not service more than two properties in the Village and is not an employee of a business entity which performs property management functions. Landscaping functions may also be performed without a license on real property owned or used by country clubs or not-for-profit institutions, provided that such work is performed by the employees of the club or institution.
As used in this chapter, the following terms shall have the meanings indicated:
- Any business which operates, conducts, performs, or otherwise supervises the removal, of trees, which shall include its employees and agents.
- Includes, but is not limited to, any person or entity who or which engages in gardening or landscaping functions upon real property within the Village not owned by such gardener or landscaper.
- LANDSCAPING SERVICES
- Includes, but is not limited to, the cultivation, gardening, fertilization, seeding, planting, cutting, trimming, pruning, management or maintenance of grass, shrubs, plants, flowers, trees or other foliage.
- PROPERTY MANAGEMENT LICENSE
- Licenses issued by the Village to an arborist for tree removal at or to a landscaper to provide landscaping service to Village properties.
- PROPERTY MANAGEMENT SERVICES
- Includes both landscaping and tree removal services.
- TREE REMOVAL
- Includes, but is not limited to the removal, cutting, trimming of live or dead trees or large woody bushes including the grinding of stumps.
This chapter shall not be applicable to any person or entity engaged solely in the business of landscape design.
An arborist or a landscaper shall not work within the Village or perform services for any Village residents within the Village without first obtaining a property management license from the Village. No property owner or occupant shall cause or permit any unlicensed landscaper or arborist to work on his or her real property.
Any landscaper or arborist desiring a property management license required by this chapter shall make application to the Village on forms prescribed by the Village Clerk. A property management license shall only be issued to the proprietor, partner, managing member or corporate officer of the business entity.
A license fee as provided in Chapter 125, Fees and Deposits, shall be paid upon the issuance of a license pursuant to this chapter.
All licenses issued pursuant to this chapter shall be effective on the date of issuance and expire on the last day of December in the year in which they have been issued.
The license issued pursuant to this chapter or a photocopy shall be in the possession of the person performing property management services at or upon real property within the Village.
In addition to all other applicable laws, rules and regulations, the following rules and regulations shall apply with respect to this chapter:
No arborist, landscaper or person performing property management services shall:
Cause or permit anyone to blow, rake or otherwise cause or permit leaves, grass or other debris to be deposited onto or remain in or upon the public highway or right-of-way or onto, in or upon adjoining property. As a precondition to the issuance of a license, a gardener or landscaper will be required to furnish proof that he, she or it has a permit to deposit leaves, grass clippings, and other debris at a duly licensed depository.
Cause or permit anyone to spill or dump oil, gasoline or other petroleum products or any pesticides or other chemicals on the public highway or right-of-way or anywhere on the ground. No equipment shall be filled or refilled except over a drop cloth or other device designed to catch and retain any accidental spillage.
Cause or permit anyone to remove, trim or prune any tree in violation of the applicable local law of the Incorporated Village of Roslyn Harbor.
Burn any wastepaper, rubbish, leaves, cuttings, wood or other waste materials at any time within the boundaries of the Incorporated Village of Roslyn Harbor nor cause or permit any other person to do the same.
Place any garbage, refuse, cuttings, leaves, wood or other materials or debris upon any public highway or right-of-way or upon any public or private place or property except with the consent of the owner thereof, nor cause or permit any other person or entity to do the same.
All work shall be performed in accordance with the laws, ordinances, rules and regulations of the United States, New York State, Nassau County and the Incorporated Village of Roslyn Harbor. Every applicant for a license shall review all applicable laws, ordinances, rules and regulations and shall affirmatively state on the application that the applicant and all of his or its employees are familiar with such prior to the issuance of any such license.
The Board of Trustees may promulgate or amend, by resolution, such additional rules and regulations as it deems necessary to further the purposes of this chapter.
In addition to the penalties set forth in § 132-10, the Board of Trustees may revoke or suspend any license issued pursuant to this chapter after notice to the licensee and after a duly noticed public hearing. The Board of Trustees may take such action if, in its discretion, such action is warranted due to the licensee's deliberate or willful disregard of the standards imposed by this chapter or by any other Village, county, state or federal law or due to two or more violations of this chapter. Any review of the revocation or suspension of any license by the Village Engineer, Maintenance Consultant or Village Clerk shall be pursuant to Article 78 of the Civil Practice Law and Rules.