[HISTORY: Adopted by the Mayor and Council of the Borough
of Prospect Park 9-27-2010 by Ord.
No. 2010-5. Amendments noted where applicable.]
The Municipal Council of the Borough of Prospect Park finds
that there is a need to establish regulations for permitting and registration
of landscapers and tree service providers operating within the Borough,
so as to assist the Borough with its compliance with the requirements
of the Tier A Municipal Stormwater General Permit No. NJG0154792.
The Municipal Council of the Borough of Prospect Park 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.
As used in this chapter, the following terms shall have the
meanings indicated:
The fee charged by and payable to the Borough of Prospect
Park to obtain an annual license.
A permit issued by the Borough Clerk for the purposes of
providing landscaping services in the Borough, 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 Borough.
A landscaper and/or tree service provider that has been issued
a permit to operate within the Borough, pursuant to the provisions
of this chapter.
A person or entity whose business involves the trimming,
cutting, removal of trees, tree pruning and stump grinding.
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 and/or tree service
provider in the performance of their work within the Borough.
A.
All applications for the initial permit and for all subsequent permit
renewals shall be on forms provided by the Borough Clerk. All forms
submitted must be signed by the owner of the landscaping business
firm or entity and/or tree service provider, or their designated and
authorized agent. The application shall be submitted with an annual
fee of $25. Landscapers that are already registered in accordance
with the requirements of the Home Improvement Contractors' Registration
Act[1] shall have the fee waived, but must still be registered
with the Borough of Prospect Park. Each initial permit application
and all subsequent renewal applications shall contain the following
information:
(1)
Name, address, telephone and fax numbers of the applicant;
(2)
The applicant's contact person, including 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 Borough of Prospect
Park;
(5)
Copy of the landscaper's or tree service provider's insurance
declaration page or certificate of insurance;
(6)
The location where the debris is to be taken and the name 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 Borough Clerk.
[1]
Editor's Note: See N.J.S.A. 56:8-136 et seq.
B.
All applications for permits shall be received by the Borough Clerk
and reviewed for completeness. Once complete, the Borough Council
shall approve the license application and the Borough Clerk shall
issue the permit and the requisite vehicle decals to the landscaper
or tree service provider.
Every landscaper or tree service provider operating within the
Borough of Prospect Park shall be required to comply with the following:
A.
The name, address and telephone number of the landscaping company
and/or tree service provider shall be clearly indicated on both sides
of any vehicle used in said operation;
B.
An annual fee of $25 shall be paid to the Borough of Prospect Park
by each landscaper and/or tree service provider at the submission
of the application for a permit issued pursuant to the provisions
of this chapter;
C.
The decal shall be displayed 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 and/or
tree service provider owns or operates in connection with the landscaping
and/or tree service 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;
D.
There shall be placed on the street at the rear of the landscaper/tree
service provider's vehicle(s), while parked, three traffic cones
of at least 18 inches in height;
E.
All vehicles used by the landscaper or tree service provider 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 or tree service provider
shall be responsible to clean up any debris spilled from their vehicles;
F.
Landscapers shall not blow grass and/or vegetative waste into the
street and fail to remove same from the street;
G.
All permits shall be for a term of one year from March 1 to February
28 of the following year;
H.
Any landscaping company or tree service provider that fails to renew
the annual permit to operate or conduct business as a landscaper or
tree service provider prior to March 1 of each year shall be charged
a late fee of $25.
The provisions of this chapter shall be enforced by the Borough
of Prospect Park Police Department or the Code Enforcement Officer
of the Borough of Prospect Park, or his/her designee.
