[Added 3-5-1992 by Ord. No. 2-92]
As used in this article, the following terms
shall have the meanings indicated:
A person or entity whose business involves placing, planting,
arranging, trimming, cutting and removing of trees and maintenance
of lawns, trees, bushes, shrubs, gardens and related appurtenances,
land or property for the purpose of improving the same.
Includes but is not limited to the cultivation, fertilization,
seeding, planting, cutting, trimming, pruning or maintenance of grass,
shrubs, plants, trees and other foliage.
The act of trimming, cutting of lawns, bushes and shrubs
only, performed by any person or entity.
[Added 3-2-2017 by Ord.
No. 4-17]
[Amended 3-2-2017 by Ord.
No. 4-17]
A.
A lawn maintenance company or landscaper shall not perform any lawn
maintenance or landscaping function within the Borough of Upper Saddle
River without first obtaining a permit from the Borough Recycling
Coordinator or Borough Clerk. Any lawn maintenance or landscaping
function by an unlicensed individual, firm or entity is hereby prohibited.
No property owner or occupant shall permit any unlicensed landscaper,
whether an individual, firm or entity to perform any lawn maintenance
or landscaping function on said property. A permit shall be obtained
by the proprietor of the landscaping business or by the principal
of the firm or entity of the landscaping business.
B.
No landscaper shall perform any landscaping function within the Borough
of Upper Saddle River unless it holds a valid State of New Jersey
Division of Consumer Affairs Home Improvement license. Proof of the
issuance of same shall be provided at the time the landscaper applies
for a permit and license.
C.
No landscaper shall perform any commercial pesticide or fertilizer
application function unless it holds a valid State of New Jersey Department
of Environmental Protection commercial pesticide application certificate.
Proof of the issuance of same shall be provided at the time the landscaper
applies for a permit and license.
A.
An application for a license to operate or conduct business as a
landscaper or performance of lawn maintenance or landscaping function
in Upper Saddle River shall be made on forms prescribed by the Borough
Clerk.
[Amended 3-2-2017 by Ord.
No. 4-17]
B.
A license will be issued for a period of one calendar
year from January 1 to December 31.
C.
An annual fee shall be charged to each lawn maintenance
company or landscaping business as set forth in this article.
[Amended 3-12-1997 by Ord. No. 2-97; 3-2-2017 by Ord. No.
4-17]
A.
All landscaping debris removed from a property, such
as grass clippings, leaves, tree stumps and brush, must be recycled
at an approved recycling site and the tonnage receipts for tipping
given to the Recycling Coordinator by the end of each calendar year.
B.
The license issued pursuant to this chapter or a photocopy signed
by the licensee shall be in the actual possession, together with the
vehicle insurance and registration, certificate of insurance and identification
papers, of the person performing work at the site.
[Amended 3-2-2017 by Ord.
No. 4-17]
C.
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.
D.
No one shall blow or rake leaves, grass or other debris
onto the public highway or right-of-way or onto adjoining property
or storm drain.
E.
No one shall spill or dump oil, gasoline or other
petroleum products or any pesticides on the public highway or right-of-way
or anywhere 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.
Every applicant for a license shall certify in writing in the application
that it has reviewed all applicable laws and regulations, including
this chapter.
[Amended 3-2-2017 by Ord.
No. 4-17]
G.
The Mayor and Council may promulgate, by resolution,
such additional rules and regulations as it deems necessary to further
the purpose of this article.
H.
Required registration stickers shall be placed unobstructed on the
driver side of the registered vehicle. All vehicles used in the performance
of work in the Borough shall be required to have a valid sticker.
[Added 3-2-2017 by Ord.
No. 4-17]
[Amended 3-2-2017 by Ord.
No. 4-17]
A.
All licenses issued pursuant to this article shall expire on December
31 in the year in which they have been issued. The charge for a license
obtained by March 1 shall be $20 and will include the issuance of
up to five stickers if the submittal of recycling tonnage receipts
from the previous year has been made. The charge for a license obtained
from March 2 to April 1 shall be $100 and will include the issuance
of up to five stickers. The charge for a license obtained from April
2 to May 1 shall be $200 and will include the issuance of up to five
stickers. A license obtained after May 1 shall be subject to a charge
of $300 and will include up to five stickers.
B.
The charge for each additional sticker shall be $1.
A.
Maximum penalty. For violation of any provision of this article, the maximum fine shall be in accordance with § 1-15 of this Code.
B.
Separate violations. Except as otherwise provided,
each and every day in which a violation of any provision of this article
exists shall constitute a separate violation.
A.
The Police Department, Recycling Coordinator, Zoning
Enforcement Officer or their duly authorized designated persons are
hereby authorized as enforcement officers of this article.
B.
It shall be the responsibility of the Recycling Coordinator
to review and recommend the issuance of licenses.
C.
It shall be the responsibility of such official or employee as designated
by the Mayor and Council to accept applications for and issue the
license required by this article.
[Amended 3-2-2017 by Ord.
No. 4-17]
