[HISTORY: Adopted by the Board of Trustees of the Village
of Farmingdale as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 419.
[Adopted 1-10-2000 by L.L. No. 1-2000[1] (Ch. 57 of the 1975 Code)]
[1]
Editor's Note: This local law provided that it would
take effect March 15, 2000.
[Amended 7-26-2001 by L.L. No. 1-2001]
No person shall perform any landscaping functions in the Village
of Farmingdale without a permit obtained from the Board of Trustees
of the Village in accordance with this article. Landscaping functions,
however, may be performed without a permit by the owner or occupant
of the property on which the work is performed or by the agent or
employee of such owner or occupant.
[Amended 7-26-2001 by L.L. No. 1-2001]
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 Farmingdale without first obtaining a permit to do
so from the Village Board of Trustees. 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 article
shall make application on forms prescribed by the Village Board of
Trustees of the Incorporated Village of Farmingdale or its designees.
Each applicant for a permit shall pay a nonrefundable application
fee with the application in an amount to be established by duly adopted
resolution of the Village Board of Trustees. The applicant shall also
pay to the Village Clerk-Treasurer or his or her designee upon the
issuance of the permit a permit fee in an amount to be established
by a duly adopted resolution of the Village Board of Trustees.
All permits issued pursuant to this article shall expire one
year from the date of issuance. Permits may be renewed upon payment
of an annual renewal fee in an amount to be established by duly adopted
resolution of the Village Board of Trustees. If the permit 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.
A.
Each applicant shall fix to and display on the left front fender
of each vehicle and on the left rear fender of any trailer regularly
used in the course of its business an identification decal issued
by the Village Clerk-Treasurer.
B.
Every vehicle and/or trailer used by the applicant must display identification
decals.
C.
Additional identification decals for vehicles and/or trailers registered
to the applicant and used for the purposes as described under this
article may be obtained from the Village Clerk-Treasurer for a fee
in an amount to be established by a duly adopted resolution of the
Village Board of Trustees.
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 7:30 p.m., Monday through 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 article 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
article.
In addition to the penalties set forth in § 333-9 of this article, the Village Board of Trustees may revoke or suspend any permit issued pursuant to this article for good cause shown after notice to the permittee and a public hearing.
The permit issued pursuant to this article 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.
