[HISTORY: Derived from Ch. IV, Sec. 4-21,
of the Revised General Ordinances of the Borough of Fort Lee, 1978,
adopted 3-1-1979. Amendments noted where applicable.]
Unless otherwise expressly provided, or unless
there is something in the subject or context repugnant to such construction,
or unless inconsistent with the manifest intent of this chapter, the
words and phrases used in this chapter shall have the following meanings:
Any organic or inorganic substance, including grass, grass
clippings, branches, twigs, leaves, mulch, foliage, soil or other
natural parts of foliage, including stumps or trees, products of the
earth, including any residue from any of the foregoing.
Any individual person, partnership, firm, association, business
or legal entity which undertakes any of the following services as
a commercial undertaking, for consideration: mowing of grass or lawns;
trimming or cutting of trees, bushes or shrubbery; restoration or
installation of lawns, grass, foliage, leaves or trees from a given
property; any and all services relating to the placing, installation,
care or cultivation of lawns, shrubbery, trees, foliage or other plant
life. Notwithstanding the foregoing, "commercial enterprise" shall
not be interpreted to include any resident of Fort Lee who performs
only lawn-mowing services by virtue of a hand-operated mower on properties
within 10 blocks of his/her residence.
[Amended 6-22-2000 by Ord. No. 2000-06]
Any individual person, partnership, firm, association, business
or legal entity which undertakes any of the following services as
a commercial undertaking, for consideration: plowing and/or applying
chemical devices to driveways, parking lots or removal of snow.
[Amended 11-15-2012 by Ord. No. 2012-34]
A.
No individual
person, partnership, firm, association, business or legal entity shall
conduct a landscaping business within the Borough without first having
obtained a license from the Building Department.
B.
Persons,
partnerships, firms, associations, business or legal entities required
to be registered by the State of New Jersey pursuant to the Contractors’
Registration Act, N.J.S.A. 56:8-136 et seq., shall not be required
to be registered under the provisions of this chapter.
C.
All applications
for landscaping and snowplowing licenses shall be in writing on forms
furnished by the Building Department, signed by the applicant or the
authorized agent of the applicant, and presented to the Building Department.
The application shall state the name of the landscaper or contractor,
all locations within the Borough where their services are being provided,
the correct name under which the business is being operated, the residence
of the applicant and such other pertinent information as may be necessary
for an investigation of the applicant. All applications for licenses
shall, after appropriate investigation, be presented to the Construction
Official, who shall either grant or refuse the application. Thereafter,
if the application is approved, the Borough shall issue the license
upon payment of the license fee as hereinafter provided. All licenses
issued shall expire on December 31 of each year. If the application
is denied by the Borough, the landscaper or contractor providing snowplowing
services shall have the right to appeal such determination, within
20 days of rejection, to the Mayor and Council.
A.
The annual fee for each landscaping license issued,
or for any renewal thereof, shall be $75 for each year or portion
of a year for snowplowing services; $75 for each year or portion of
a year and $100 for a combined landscaping and snow removal license
for which the license is issued or renewed.
B.
Upon registration, a sticker will be issued for display
on vehicles used by such contractors. All vehicles owned or operated
by the contractor or landscaper shall display the permit sticker.
The cost of additional permit stickers shall be paid for by the applicant
at the time of application. A violation of this chapter shall be grounds
for revocation of such license; the registered party shall not conduct
any further activities in the Borough.
C.
Pesticide applicators. As per N.J.A.C. 7:30, Subchapters
1-10, all landscapers who apply pesticides within the Borough of Fort
Lee shall register with the Building Department and shall have a state-certified
applicator's license. The fee for such pesticide applicator's license
shall be $25.
A.
No landscaper shall operate within the confines of
the Borough without possession of a valid license.
B.
Leaf collection. All landscapers shall comply with
the regulations promulgated by the Department of Public Works concerning
collection and removal of leaves.
C.
Hours and days of operation of equipment. No landscaper
shall perform work which requires the use of any noise-producing mechanical
equipment such as lawn-mower, electric hedge clipper or leaf blower
other than between the hours of 8:00 a.m. and 6:00 p.m. on weekdays
and 9:00 a.m. and 5:00 p.m. on Saturdays. The hours of operation for
snowplowing shall be governed by the time and severity of the snowstorm.
D.
At their own expense, commercial landscape companies,
tree experts, tree surgeons, arborists or tree contractors, gardeners,
landscapers and horticulturalists shall be required to remove trimmings,
brush, trees, grass clippings and such other materials from the premises
on which they work to an approved dumping area, approved by the Borough,
but not necessarily within the corporate limits.
[Amended 11-8-2001 by Ord. No. 2001-53; 5-23-2002 by Ord. No. 2002-20; 3-23-2006 by Ord. No.
2006-16]
A.
Should any landscaper violate the provisions of this
chapter, it shall be fined, for the first offense, in a sum up to
$500; in addition, the Municipal Court Magistrate shall have the discretion
to order forfeiture of its license to operate within the Borough.
In the event of second and further offenses, the Municipal Court may
impose a fine, not to exceed $2,000 and shall determine whether the
violation should result in a forfeiture of the license to operate
within the Borough.
B.
In the event a landscaper or snowplowing contractor
shall, after forfeiture of its license, attempt to operate within
the Borough, it shall, upon conviction, be sentenced to a fine not
to exceed $2,000 and, in addition, the Court may impose imprisonment
for a period of not more than 30 days.
[Amended 2-8-2001 by Ord. No. 2001-03]
The Building Department, the Police Department,
the Parking Authority and the Office of Emergency Management, or its
authorized designees, shall be charged with the enforcement of the
provisions of this chapter.
All landscapers currently working within the
confines of the Borough of Fort Lee shall obtain a license pursuant
to the provisions of this chapter no later than February 15, 1995.
The failure of any landscaper or snowplowing contractor to conduct
landscaping or snowplowing activities without obtaining such a license
prior to that date shall render such landscaper subject to the penalties
imposed herein.
