No person shall perform any landscaping functions in the Village
of Plandome Manor without a permit obtained from the Village Clerk
in accordance with this chapter. Landscaping functions, however, may
be performed without a permit by the owner or occupant of the property
on which the work is performed.
The landscaping functions referred to herein shall include,
but are not limited to, the cutting and maintenance of grass, the
trimming, pruning and maintenance of shrubs, plants, trees or other
foliage, the spraying of chemicals and the removal of trees and/or
tree stumps. A person who engages in such landscaping functions shall
hereinafter be referred to as a "landscaper."
No landscaper shall perform any landscaping functions within
the Village of Plandome Manor without first obtaining a permit to
do so from the Village Clerk. All landscaping work by a landscaper
without a permit is prohibited. No property owner or occupant shall
permit any landscaper without a permit to perform any landscaping
function on his or her property. Permits shall be obtained by the
proprietor of the landscape business or by a corporate officer.
Any landscaper desiring a permit in accordance with this chapter
shall make application on forms prescribed by the Village Clerk of
the Incorporated Village of Plandome Manor or its designees. Additionally,
the applicant shall provide a copy of its business license, worker's
compensation and liability insurance.
Each applicant for a permit shall pay a nonrefundable application fee in the amount set forth in the Village's Schedule of Fees, §
A228-1.
All permits issued pursuant to this chapter shall expire one
year from the date of issuance. Permits may be renewed upon payment
of an annual renewal fee in the amount set forth in the Village's
Schedule of Fees. If the permittee fails to make proper, timely application
for renewal, he or she shall be required to reapply and pay the additional
permit application fee as set forth in the preceding section as a
nonrefundable application fee with the application and the permit
fee referred to in the above section upon the issuance of the permit.
The following rules and regulations shall apply:
A. No person shall engage in the application of pesticides and insecticides
unless that person has in his possession his certificate, duly issued
by the New York State Department of Environmental Control, authorizing
him to engage in such activity.
B. Application of pesticides and insecticides by anyone by means of
engine-powered spraying or dusting devices shall not take place prior
to 8:00 a.m. on any day that landscaping work is permitted.
C. Landscaping work may be performed by landscapers only during the
hours of 8:00 a.m. through 5:00 p.m., Monday through Friday, and 8:00
a.m. through 12:00 noon Saturday.
D. No landscaper shall scatter, nor, in using any mechanical or electrical
blower, cause to be scattered, any garbage, refuse, cuttings, leaves
or other waste materials on any public street, road or public property
without removing and/or cleaning the same immediately; nor shall any
of such material be allowed to enter any storm drains.
E. No one shall spill or dump oil, gasoline or other petroleum products
or any pesticides on a public street, road or highway or right-of-way
or 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.
F. All vehicles and trailers are to be properly parked at a minimum
of 30 feet from the corner of any intersection. Hazard warning cones
are to be placed at the front and rear of any landscaping vehicles
and/or trailers that are parked in or alongside the roadway.
Each and every violation of any provision of this chapter or
any of the rules and regulations promulgated hereunder shall be punishable
by a penalty not exceeding $250 or 15 days imprisonment, or both,
for each and every separate offense relating to a violation of this
chapter.
In addition to the penalties set forth in Village Code §
140-9 of this chapter, the Village Board of Trustees may revoke or suspend any permit issued pursuant to this chapter for good cause shown after notice to the permittee and a public hearing.
The permit issued pursuant to this chapter or a photocopy signed
by the permittee shall be at all times in the actual possession of
the person performing the work at the site.