Township of Long Beach, NJ Chapter 107 Landscapers and Landscaping

[HISTORY:[1] Adopted by the Board of Commissioners of the Township of Long Beach 12-17-2010 by Ord. No. 10-57C. Amendments noted where applicable.]

GENERAL REFERENCES

Brush, grass and weeds — See Ch. 60.

Chemical applications — See Ch. 80.

Soil erosion and sediment control — See Ch. 166.

[1] Editor's Note: Former Ch. 107, Ice Cream Vendors, adopted 7-2-1976 by Ord. No. 76-12C, as amended, was repealed 2-7-2003 by Ord. No. 03-01C. For current licensing provisions, see Ch. 195, Vendor Licensing.

§ 107-1 Title.

The short title by which this chapter shall be known is "The Landscaping Ordinance of the Township of Long Beach."

§ 107-2 Interpretation; word usage; definitions.

A. Interpretation. Words used in the present tense include the future. The plural includes the singular; the word "lot" includes the word "plot"; the word "building" includes the word "structure"; the word "zone" includes the word "district"; the word "use" includes the words "arranged, designed or intended to be used"; the word "shall" is always mandatory and the word "may" is always permissive.

B. The following words, phrases and terms as used in this chapter are hereby defined for purpose thereof as follow:

(1) Incorporated herein by reference and made a part hereof as though herein set forth in full are all of the definitions found in § 205-2 of the Long Beach Code.

(2) Any word or term which is not specifically defined in Chapter 205 of this Code shall, unless herein assigned a special and specific meaning or definition, be interpreted as defined in Webster's Third New International Dictionary of the English Language, Unabridged, Copyright 1986 by Merriam Webster, Inc.

C. The following words and phrases shall have the definitions hereinbelow set forth:

CURB

A raised structure abutting the impervious coverage of any public street. Any raised structure abutting a private easement shall also be considered a curb. Curbs are regulated by Article II of Chapter 172, § 172-18, of the Code of Long Beach Township.

LANDSCAPE CONTRACTOR

One who is engaged as a landscaper.

LANDSCAPE GARDENING

The development and decorative planting of gardens, grounds and improvement of the natural condition of grounds for purposes of beautification, the work designed and performed by a landscaper.

LANDSCAPER

One whose profession or business is the arrangement of land for human use and enjoyment involving the placement of plantings, walls, mounds and other structures in relationship with adjacent areas, one who is involved in the planning and design of landscape, one whose profession is landscape gardening.

LEGAL DISPOSAL AREA

Property where vegetable refuse and waste disposal is permitted by law, including the Statutes of the State of New Jersey, the Statutes of the United States and the municipal ordinances of the municipality wherein the property is located.

PROPERTY LINE

The exterior lot lines of any lot or parcel of real property upon which landscape gardening or other landscaping activities are being conducted.

PUBLIC RIGHT-OF-WAY

The full width of any dedicated public street extending between the property lines of the properties on each side of the public street.

§ 107-3 Regulations concerning landscaping, landscape gardening and provision of landscape gardening services.

A. No person, individual, firm, corporation or other legal entity shall provide services as a landscaper or otherwise engage in landscape gardening in the Township of Long Beach without strict compliance with the requirements hereinbelow set forth in §§ 107-4, 107-5 and 107-6.

B. All persons and individuals who are employees of any firm, corporation or other legal entity who shall be engaged in any way or fashion in landscape gardening or providing services as a landscaper within the Township of Long Beach shall be supervised by the officers, directors, partners and/or managing partners of the legal entity by which such persons or individuals are employed. The supervision shall be strict to ensure that all such individuals, persons and employees shall comply strictly with the requirements of §§ 107-4, 107-5 and 107-6 of the Code of Long Beach Township.

C. Any person who shall violate the terms of §§ 107-4, 107-5 and 107-6 shall be liable for a fine and/or imprisonment as hereinbelow set forth in § 107-7.

D. In the event that any person or individual who is an employee of any firm, corporation, partnership, limited partnership or other legal entity shall violate the requirements set forth in §§ 107-4, 107-5 and 107-6 of the Code of Long Beach Township, the officers, directors, partners and/or managing partner who are charged by this chapter with strictly supervising the performance of their employees pursuant to this chapter shall be personally liable for fine or imprisonment or both as hereinbelow set forth in § 107-7 of the Code of Long Beach Township.

§ 107-4 Compliance with other chapters in Township Code.

[Amended 12-17-2018 by Ord. No. 18-42C]

Any person and/or any employee of any firm, corporation, or other legal entity engaging in landscape gardening, as a landscaper, or in any work relating to the business of a landscaper shall strictly comply with the following chapters and sections of the Township Code.

A. Section 64-17 dealing with dune walkways.

B. Section 68-5 dealing with the storage of building materials and public rights-of-way.

C. Chapter 80 dealing with chemical applications.

D. Section 105-10 dealing with air pollution control when cutting any stone or masonry products.

E. Section 123-6 concerning restricted uses and activities concerning noise.

F. Sections 68-1 and 68-5 pertaining to the storage of permitted materials.

G. Chapter 160 dealing with the erection of signs.

H. Chapter 166 dealing with sediment control.

I. Sections 172-15 through 172-20 dealing with curbs and sidewalks.

J. Chapter 180 dealing with swimming pools.

K. Section 205-7 dealing with permitted use of the public right-of-way between the paved area of the public right-of-way and the abutting owner's property.

L. Section 205-33 dealing with impervious lot coverage.

§ 107-5 Refuse disposal.

Any person, firm, corporation or other legal entity engaged in landscape gardening or the work of a landscaper in the Township of Long Beach who has solid waste consisting of refuse of a vegetable nature such as trimmings, cuttings, leaves, dead branches and other waste of similar kind and description the same shall be removed from the premises where such refuse originates by the licensed landscaper and disposed of at a licensed New Jersey landfill or other legal disposal area.

§ 107-6 Additional requirements.

A. In addition to the requirements hereinabove set forth in §§ 107-4 and 107-5, any person, firm, corporation, individual or other legal entity engaged in landscape gardening or the work of a landscaper in the Township of Long Beach, when using backpack blowers and hand-held grass and leaf blowers, shall comply strictly with the following conditions:

(1) All sidewalk clippings shall be disbursed back onto the homeowner's lawn.

(2) All gutters shall be swept and shoveled.

(3) Handheld blowers shall not be used in gutters or streets.

(4) Storm drains shall be covered while working in the immediate vicinity.

B. All vehicles used in landscaping operations shall be required to utilize covers on said vehicles to prevent any clippings, leaves, twigs or other debris from blowing out of the vehicle when traveling on the streets of the Township of Long Beach.

§ 107-7 Violations and penalties.

A. Any person or the principals of any firm, corporation or any legal entity who shall violate the provisions of this chapter by performing work or permitting any employee or employees to work without adequate supervision so that such employee or employees perform work which does not comply with the requirements of § 107-4 or § 107-6 above shall be subjected to a fine of not less than $200 nor more than $2,000 and may further be sentenced to confinement in the Ocean County Jail for a period not to exceed 90 days or by a period of community service not exceeding 90 days. If any person or the principals of any firm, corporation or other legal entity have been convicted of a first offense and a repeat violation occurs within one year, such person or persons shall be subject to the enhanced penalties provided by law (N.J.S.A. 40:49-5).

B. Any person, firm, corporation or any legal entity who shall violate § 107-5 of this chapter shall be fined the sum of not less than $2,500 nor more than $10,000 for each offense and if a repeat violation occurs within one year shall be subject to the enhanced penalties provided by law (N.J.S.A. 40:49-5). If the violator is a partnership, firm, corporation or any legal entity other than an individual, the principal or principals thereof shall individually be subject to the fine and imprisonment hereinabove in Subsection A set forth (N.J.S.A. 40:49-5).