The Village Board finds that Landscaping often includes the use of pesticides, insecticides, and herbicides, and poses a risk of causing noise, odors, or other nuisances which may impair or disturb the health, safety, and welfare of the Village and its residents. This article is enacted to regulate the performance of Landscaping and Landscapers to protect the health, safety, and welfare of the Village and its residents.
Except as provided herein, all Persons who perform Landscaping in the Village shall obtain a Landscape License in accordance with this chapter. In addition, each vehicle and truck used in connection with any Landscaping business conducted within the Village shall be required to have a permit sticker affixed and displayed on the driver's side of the vehicle or truck.
A. 
Landscaping may be performed without a Landscape License as follows:
(1) 
By the owner or occupant of the property on which the work is being performed.
(2) 
On property used by country clubs or not-for-profit institutions, provided that such work is performed by the caretakers or employees of the club or institution where such work is performed.
(3) 
By caretakers and employees who regularly reside at the property where such work is performed.
(4) 
By any Person, excluding any firm, association, or corporate entity who does not utilize motor vehicles in connection with performing such work and is not ordinarily engaged in the business of providing Landscaping services.
B. 
In addition, commercial nurseries or growers that deliver plant stock to properties within the Village shall not be deemed to be performing Landscaping functions within the scope of this law, and thus, do not require a Landscape License or permit.
No Landscaper shall perform Landscaping within the Village without first obtaining a Landscape License to do so from the Village. All Landscaping work by an unlicensed Landscaper is hereby prohibited. Landscape Licenses shall be obtained by the proprietor of the Landscaping business or by a corporate officer.
A. 
A fee of $200 shall be charged to each applicant for issuance of a Landscape License.
B. 
A fee of $25 shall be charged for each landscaping permit sticker.
C. 
When an applicant for a Landscape License has not engaged in Landscaping in the Village until after the expiration of more than six months of the current license year, the license fee for the remaining period of the current license year shall be 1/2 the yearly fee, and said fee shall be paid for the remaining six months or fraction thereof during which Landscaping has been, or will be, conducted.
[Added 1-23-2024 by L.L. No. 1-2024]
A. 
All Landscape Licenses and permit stickers issued pursuant to this chapter shall expire on the last day of December in the year in which they have been issued.
B. 
Landscape Licenses may be renewed via mail or at Village Hall upon payment of the annual fee of the year succeeding the expiration of the Landscape License.
C. 
Each permit sticker may be renewed via mail or at Village Hall upon payment of the annual fee of the year succeeding the expiration of the permit sticker.
A. 
In connection with the use and application of pesticides, insecticides, and herbicides Landscapers shall comply with all laws, rules, and regulations promulgated by all federal, state, and local laws, and rules and regulations in connection with the use and application of pesticides, insecticides, and herbicides.
B. 
Village Landscaping Regulations. All Landscapers shall comply with the Village Landscaping Regulations.
C. 
(Reserved)
D. 
(Reserved)
E. 
(Reserved)
F. 
(Reserved)
G. 
(Reserved)
H. 
(Reserved)
A. 
Any Person cutting, altering, destroying, or removing any tree, regardless of size, without a permit issued by the Village, shall, upon conviction thereof, be subject to a fine not less than $1,000 and not more than $20,000 for each violation, regardless of any convictions for prior violations.
B. 
Any Person who violates any provision of Article II of this chapter, except for the cutting, altering, destroying, or removing of any tree, regardless of size, shall, upon conviction thereof, be subject to a fine not less than $500 and not more than $5,000 for each violation, regardless of any convictions for prior violations.
C. 
In addition to any other remedy provided by law, the Village Board may commence an action to enjoin violations of this chapter.
A. 
The Village may revoke or suspend a Landscape License issued pursuant to this chapter for any of the following reasons:
(1) 
Violation of any law, rule, or regulation of the United States, the State of New York, the County of Nassau, the Village, or any department or agency thereof.
(2) 
Violation of any condition of the Landscape License.
(3) 
Conduct that is detrimental to the health, safety, or welfare of the public.
B. 
A decision by the Village to suspend or revoke a Landscape License shall be appealable to the Village Board, whose decision thereon shall be final. The Village Board's decision may be reviewed under the New York Civil Practice Law and Rules by an Article 78 proceeding brought within 30 days of the filing of the decision in the Office of the Village Clerk.
C. 
In the event that a Landscape License is suspended or revoked, the fees paid thereof shall be forfeited and shall not be refunded to the applicant.
The Landscape License issued pursuant to this chapter, or a photocopy signed by the licensee, shall be in the actual possession of the Person performing the Landscaping at the site.
All Landscapers shall provide proof of insurance to the Village as required by the Village Landscaping Regulations.