Township of Montclair, NJ
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the Township of Montclair 8-23-1994 by Ord. No. 94-36 (Art. XVI of Ch. 88 of the 1979 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Maintenance of landscaping — See Ch. 247.
Site plan review — See Ch. 281.
Zoning — See Ch. 347.
As used in this chapter, the following terms shall have the meanings indicated:
ANNUAL FEE
The fee charged by and payable to the Municipal Clerk of the Township of Montclair to obtain a license as a landscaper.
ANNUAL LICENSE
License issued by the Municipal Clerk of the Township of Montclair for the purposes stated.
CUSTOMER
Anyone who employs the services of a landscaper to perform the services of maintaining, cutting, cleaning or raking property within the Township of Montclair.
LANDSCAPE CONTRACTOR
The same meaning as landscaper.
LANDSCAPER
A person or persons doing business with residential or commercial customers for the purpose of maintaining, cutting, cleaning, raking or performing similar activities on property within the Township of Montclair.
VEHICLE
Any vehicle required to be registered with the New Jersey Department of Motor Vehicles for use on local roads and highways and used by a landscaper in the performance of his or her work in the Township of Montclair.
[Amended 9-21-2010 by Ord. No. O-10-052]
A. 
Except as set forth in Subsection B below, all landscapers utilizing a truck, van or trailer for landscaping services within the Township of Montclair shall be required to obtain a license in order to offer their services in the Township of Montclair. A license shall be required for each vehicle the landscaper owns or operates within the Township of Montclair. Said license shall be obtained from the Municipal Clerk prior to October 1 of each calendar year. (Said licenses shall terminate September 30.) Proof of licensor will be demonstrated by the issuance and the display of a decal, which will be issued to each licensee and displayed in each vehicle the landscaper owns or operates in the Township of Montclair.
B. 
The licensing requirements of this chapter shall not apply to any landscaper who maintains a valid registration certificate issued pursuant to the New Jersey Contractors’ Registration Act, N.J.S.A. 56:8-136 et seq.
A. 
All applications for landscaping licenses shall be in writing on all forms furnished by the Township, signed by the applicant or the authorized agent of the applicant and presented to the Municipal Clerk. The application shall state:
(1) 
The name of the landscaper.
(2) 
The correct name under which the business is being operated.
(3) 
The residence of the applicant.
(4) 
The names and addresses of residents of the Township for whom landscaping services are being provided.
(5) 
Such other pertinent information as may be necessary for an investigation of the applicant.
B. 
All applications for licenses received by the Municipal Clerk shall after appropriate investigation be presented by the Municipal Clerk to the Manager, who shall either grant or refuse the application. Thereafter, if the application is approved, the Municipal Clerk shall issue the license upon payment of the license fee as hereinafter provided. All licenses issued shall expire September 30 of each year.
Every landscaper operating within the Township of Montclair shall be required to comply with the following:
A. 
The name of the landscaping company shall be clearly indicated on both sides of any vehicle used in said operation, shall be no less than three inches in height and shall include the name, address and telephone number.
B. 
All landscapers shall dispose of all leaves, cutting, clippings and other yard waste materials at the location and in the manner directed by the Director of Community Services of the Township of Montclair. Said designated municipal sites shall be within the Township of Montclair. The landscaper shall only dispose of said materials from properties located within the Township of Montclair.
[Amended 6-15-2004 by Ord. No. 04-34; 10-11-2005 by Ord. No. 05-57]
[Amended 7-7-2009 by Ord. No. O-032-09]
A. 
Upon filing such application, the applicant shall pay to the Municipal Clerk a fee of $75. Any fraction of the year will be considered a full year for the purposes of this section.
B. 
The term of such license shall expire on September 30 of the calendar year in which such license is issued.
C. 
Such license shall be automatically renewed by the Municipal Clerk upon payment by the applicant to the Municipal Clerk of an annual renewal fee of $75. Such renewal shall be for the following year in which such renewal occurs.
If any person licensed in accordance with the provisions of this chapter shall be convicted of violating any statute, ordinance or regulation in the execution of any work for which a permit is required by the applicable ordinance of the Township of Montclair relevant to landscaping, the Township of Montclair shall revoke the license of such person immediately. The Municipal Clerk shall not restore such license during such time as the violation for which such conviction was obtained, exists or remains.
Any person whose license has been revoked under the provisions above may be relicensed by the Municipal Clerk when the grounds upon which such license was revoked are removed or corrected and upon payment of the fee prescribed herein.
A. 
Any person who violates any provision of this chapter, other than disposal requirements, shall, upon conviction thereof, be punished by a fine not exceeding $500 or by imprisonment for a term not exceeding 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
B. 
Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $2,000, imprisonment in the county/municipal jail for a term not exceeding 90 days, or a period of community service not exceeding 90 days, or any combination thereof as determined by the Municipal Court Judge. Each day on which a violation of an ordinance exists shall be considered a separate and distinct violation and shall be subject to imposition of a separate penalty for each day of the violation as the Municipal Court Judge may determine.
[Amended 4-10-2007 by Ord. No. 07-17]