[HISTORY: 1988 Code §§ 106-1—106-6 adopted
as amended through December 31, 2013; Ord. No. 26-2018. Amendments noted where applicable.]
[Ord. No. 26-2018]
The Township Council of the Township of Wayne finds that there
is a need to establish regulations for permitting and registration
of landscapers operating within the Township, so as to assist the
Township with its compliance with the requirements of the Tier A Municipal
Stormwater General Permit Number NJG0150436. The Township Council
of the Township of Wayne further finds that the permitting and registration
of landscapers and landscaping services provides a means by which
to control the collection and disposal of grass and other vegetative
waste in the Township.
[Ord. No. 26-2018]
As used in this chapter, the following terms shall have the
meanings indicated:
The fee charged by and payable to the Township Clerk to obtain
an annual license.
A permit issued by the Township Clerk for the purposes of
providing landscaping services in the Township, as same is defined
in this chapter.
A person or entity, commercial or otherwise, whose business
includes the cutting, trimming and maintenance of lawns and the collection,
removal and disposal of yard waste from properties within the Township.
A landscaper that has been issued a permit to operate within
the Township, pursuant to the provisions of this chapter.
Any vehicle, including any trailer required to be registered
with the New Jersey Motor Vehicle Commission for use on local public
roads and highways, and used by the landscaper in the performance
of their work within the Township.
[Ord. No. 26-2018]
A.
All applications for the initial permit and for all subsequent permit renewals shall be on forms provided by the Township Clerk. All forms submitted must be signed by the owner of the landscaping business firm or entity or their designated and authorized agent. The application shall be submitted with an annual fee, as provided in Chapter 75, Fees. Each initial permit application and all subsequent renewal applications shall include but not be limited to the following information:
(1)
Name, business address, email address, telephone and fax numbers
of the applicant;
(2)
The applicant's contact person, including email address, telephone
numbers and fax numbers;
(3)
The name under which the business is operated (trade name);
(4)
The name, make, model, year and license plate of each motor vehicle
or trailer used by the permit holder within the Township of Wayne;
(5)
Copy of the landscaper's general liability insurance declaration
page or certificate of insurance for general liability;
(6)
The location where the debris is to be taken and the name, address
and telephone number of the company or organization to receive said
debris, along with a letter from the company advising of the agreement
with the landscape contractor; and
(7)
Any other information deemed pertinent, as necessary and prescribed
by the Township Clerk.
B.
All applications for permits shall be received by the Township Clerk
and reviewed for completeness. Once complete, the Township Council
shall approve the license application and the Township Clerk shall
issue the permit and the requisite vehicle decals to the landscaper.
[Ord. No. 53-2014; Ord. No. 26-2018]
Any landscaper who is registered in accordance with the requirements
of the Home Improvement Contractor Registration Act, N.J.S.A. 56:8-136
et seq., shall not be required to register with the Township of Wayne;
however, all landscapers shall be required to follow the other operation
requirements of this chapter.
[Ord. No. 53-2014; Ord. No. 26-2018]
Every landscaper operating within the Township of Wayne shall
be required to comply with the following:
A.
The name, address and telephone number of the landscaping company
shall be clearly indicated on both sides of any vehicle used in said
operation;
B.
Landscapers not registered in accordance with the Home Improvement
Contractor Registration Act shall display the decal issued by the
Township Clerk as evidence of a current annual permit, as required
by the provisions of this chapter. The decal shall be displayed on
each vehicle and trailer which the landscaper owns or operates in
connection with the landscaping business. The decal shall be affixed
on the front bumper of the vehicle(s) and on the driver's side above
the trailer's wheels;
C.
There shall be placed on the street at the rear of the landscaper's
vehicle(s), while parked, three traffic cones of at least 18 inches
in height;
D.
All vehicles used by the landscaper shall maintain a covering tarp
at all times over vegetative waste and debris while the vehicle is
in transit, so as to prevent any debris from spilling, blowing, falling
or otherwise discharging from the vehicle onto the streets of the
Township. The landscaper shall be responsible to clean up any debris
spilled from their vehicles;
E.
Landscapers shall not blow grass and/or vegetative waste into the
street and fail to remove same from the street.
[Ord. No. 26-2018]
All permits shall be for a term of one year from April 1 to
March 31 of the following year.
[Ord. No. 26-2018]
The provisions of this chapter shall be enforced by the Township
of Wayne Police Department or the Health Officer of the Township,
or his/her designee.