Ordinance 2714-25 Landscaper Registration - Public Hearing 8/12/2025

NOTICE
ORDINANCE 2714-25

PUBLIC NOTICE is hereby given that the following Ordinance was submitted in writing, introduced, read by title and passed on first reading at a meeting of the Township Committee of the Township of Millburn, in the County of Essex on Tuesday, July 15, 2025. The ordinance will be considered for final passage and adoption at the public hearing held at a meeting beginning at 7:00 p.m. on Tuesday, August 12, 2025 at the Millburn Education Center, 434 Millburn Avenue, Millburn, New Jersey when and where or at such time and place to which said meeting may be adjourned, all persons interested will be given an opportunity to be heard concerning said ordinance. The Millburn Education Center will open for this meeting beginning at 6:45PM and details on the meeting and agenda may be located at town hall, on our website https://www.twp.millburn.nj.us/AgendaCenter or by contacting the Municipal Clerk's Office at 973-564-7092.

BY ORDER OF THE TOWNSHIP COMMITTEE
Christine A. Gatti, RMC, Township Clerk

ORDINANCE NO. 2714-25
AN ORDINANCE TO AMEND AND SUPPLEMENT CHAPTER IV “GENERAL LICENSING” OF THE CODE OF THE TOWNSHIP OF MILLBURN BY ADDING SECTION 4-43 “COMMERCIAL LANDSCAPING AND LAWN MAINTENANCE LICENSING”

WHEREAS, the Township Committee of the Township of Millburn finds it necessary to regulate commercial landscaping and lawn maintenance services within the Township to protect the public health, safety, and welfare, preserve the environment and promote the orderly collection of vegetative waste and improve communication; and

WHEREAS, the Township Committee seeks to establish licensing and operational standards for commercial landscapers operating within the Township;

NOW, THEREFORE, BE IT ORDAINED by the Township Committee of the Township of Millburn, County of Essex, State of New Jersey, as follows:

Section 1.

Chapter IV “General Licensing” of the general code of the Township of Millburn is hereby amended by adding the following new section 4-43 to read as follows:

Section 4-43 COMMERCIAL LANDSCAPING AND LAWN MAINTENANCE LICENSING

§4-43.1 Intent and Purpose

The purpose of this article is to regulate commercial landscaping and lawn maintenance services within the Township of Millburn to ensure health, safety, environmental protection, and quality of life, while promoting orderly collection and disposal of vegetative waste and minimizing noise.

§4-43.2 Definitions

COMMERCIAL LANDSCAPER — Any individual or business entity engaged in providing landscaping, lawn maintenance, or similar services for compensation, including planting, trimming, cutting, or removing vegetation and collecting vegetative waste.

LICENSEE — A commercial landscaping business that has obtained a license pursuant to this article.

ENFORCEMENT OFFICER — The Township Forester, Superintendent of Public Works, Code Enforcement Officers, or their designees.

§4-43.3 License Required

1. No person shall engage in commercial landscaping or lawn maintenance within the Township without first obtaining an annual license issued by the Department of Public Works.
   
2. Exemptions to the license requirement
   
   1. Residents providing casual or part-time services without use of a commercially registered vehicle and only for other Township residents.
      
   2. Landscapers working on public property or on behalf of the Township during a declared emergency.

§4-43.4 Application Requirements

1. At a minimum, applications shall include the following information to process a landscaper license.
   1. Business name, phone, email
   2. Proof of NJ business license
   3. Owner name, address, phone, email
   4. Vehicle license plates to be used
   5. Type, make, and decibel level of leaf blowers as provided by the manufacturer
   6. Proof of insurance

§4-43.5 License Fees

1. $200 annual registration fee per business

2. $50 annual registration fee for businesses using electric leaf blowers only.

§4-43.6 Operational Rules

1. No placement of vegetative waste in streets, rights-of-way, or parks except leaves during the designated leaf collection period (October 15 – December 31) and in accordance with the Township’s leaf collection schedule.
   
2. No parking within 50 feet of other landscaping vehicles.
   
3. Cones and signage required behind trailers during operations.

§4-43.7 Display of License

1. All vehicles used in the Township of Millburn must display a Township-issued decal on the front bumper.
2. Proof of registration must be carried at all times and able to be provided to Township personnel upon request.

§4-43.8 Enforcement

Enforcement shall be carried out by the Township’s Code Enforcement Officers, Superintendent of Public Works, Forester or their designees.

§4-43.9 Penalties

Enforcement will be conducted in the following manner as it relates to each landscaping company.

1. First offense: warning and education on licensing process.
2. Second offense will be a fine up to $250
3. Third offense will be a fine up to $500
4. Fourth offense will be a fine up to $1,000
5. Fifth and any subsequent offenses will be a fine up to $2,000 and possible license suspension or revocation.

Section 2. If any part of this ordinance is adjudged invalid, such judgment shall not affect the remainder of the ordinance.

Section 3. All ordinances inconsistent with this ordinance are hereby repealed to the extent of such inconsistency.

Section 4. This ordinance shall take effect January 1, 2026, after final passage and publication as prescribed by law.