Township of Wayne, NJ
Passaic County
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Table of Contents
Table of Contents
[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:
ANNUAL FEE
The fee charged by and payable to the Township Clerk to obtain an annual license.
ANNUAL PERMIT
A permit issued by the Township Clerk for the purposes of providing landscaping services in the Township, as same is defined in this chapter.
LANDSCAPER
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.
PERMIT HOLDER
A landscaper that has been issued a permit to operate within the Township, pursuant to the provisions of this chapter.
VEHICLE
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.
[New; 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.
[New; 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]
A. 
The fee for a permit issued under this chapter shall be as provided in Chapter 75, Fees.
B. 
Any landscaping company that fails to renew the annual permit to operate or conduct business as a landscaper prior to April 1 of each year, shall be charged a late fee as provided in Chapter 75, Fees.
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.
Any person who violates any provision of this chapter shall, upon conviction, be liable to the penalties stated in Chapter 1, Section 1-15.