[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.[1] Subsequent amendments noted where applicable.]
[1]
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.
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.
Licenses issued by the Village to an arborist for tree removal
at or to a landscaper to provide landscaping service to Village properties.
Includes both landscaping and tree removal services.
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:
A.
No arborist, landscaper or person performing property management
services shall:
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
B.
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.
C.
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.
