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Landscaping Regulations

Village Landscaping Regulations

I. As required by Section 103-9(B) of the Village Code, all Landscapers shall comply with the Village Landscaping Regulations.


II. For purposes of the Village Landscaping Regulations, the following terms, phrases, words, and their derivations shall have the meanings herein:


Landscape License

A license issued by the Village to perform Landscaping in the Village.


Landscaper

Any Person, other than the owner or an employee of the owner, who performs Landscaping, gardening, or tree removal in the Village as a contractor.


Landscaping

The cultivation, fertilization, seeding, planting, cutting, trimming, removal, pruning, or maintenance of grass, shrubs, plants, trees, or other foliage.


Person

Any individual, partnership, company, corporation, association, firm, organization, administration, department, contractor, subcontractor, municipal entity, or any other group of individuals, or any person or employee thereof.


The Village Board

The Board of Trustees of the Village.


Village

The Incorporated Village of Sands Point.


Village Landscaping Regulations

The technical, operational, and insurance requirements for Landscapers in the Village as published on the Village’s website, or as directed by information on the Village’s website.


III. As required by Section 103-9(B) of the Village Code, all Landscapers shall conform to the following Village Landscaping Regulations.

1. No Landscaper shall perform Landscaping on Sunday.


2. Landscaping may be performed by Landscapers only during the hours of 8:00 a.m. through 6:00 p.m., Monday through Friday, except on holidays, and 9:00 a.m. through 2:00 p.m. on Saturday. Notwithstanding the foregoing, the only Landscaping that shall be permitted to be performed by Landscapers on Saturdays shall be such work that does not involve the use of power equipment that creates noise, which equipment includes, but is not limited to, leaf blowers, leaf vacuums, lawn mowers, lawn or sidewalk edging machines, rototillers, chain saws, log splitters, wood-chipping machines, and truck-borne spraying equipment, subject only to the following exceptions under which power equipment may be utilized on Saturdays from 9:00 a.m. to 2:00 p.m.:


a. At the specific request of a resident owner of property in the Village who desires to personally observe trimming work to be done on a Saturday, permission may be obtained from the Village to allow noise-producing power trimming equipment to be used at such owner's residence on no more than two Saturdays during the period from May 15 to October 1 of any year, and two Saturdays during the period from October 2 through May 14. Permission may be obtained by notifying the Village Clerk's office, by telephonic notice or in person. The Village shall maintain a written log of all requests made during each year.


b. At the specific request of a resident owner of property in the Village who is planning a special weekend event at his or her residence, such as a wedding or social function, permission may be obtained from the Village to allow regular maintenance work, such as lawn mowing and leaf blowing on the Saturday of or prior to the event. However, such permission shall only be granted on two Saturdays during the period from May 15 to October 1, and two Saturdays during the period from October 2 through May 14. Permission may be obtained by notifying the Village Clerk's office, by telephonic notice or in person. The Village shall maintain a written log of all requests made during each year.


c. In the sole discretion of the Village, an inclement weather exception may be declared by the Village to allow Landscapers to use all power equipment required for Landscaping anywhere in the Village on the Saturday following the making of such declaration from 9:00 a.m. to 2:00 p.m. The Village shall declare an inclement weather exception no later than 12:00 p.m. on a Friday. Landscapers or residents of the Village may contact the Village office by telephone or in person to determine whether an inclement weather exception has been declared. In addition, any such declaration shall be posted on the Village's website.


3. No Landscaper shall blow or rake leaves, grass, or other debris onto the public highway, right-of-way, or onto adjoining property, nor shall any Landscaper operate leaf blowing equipment in excess of 65 dBA, as measured at a distance of 50 feet from the location of such equipment. All equipment operated by a Landscaper shall be maintained in proper working order at all times.


4. As a condition precedent to the issuance of a Landscape License and to maintain and renew such license, a Landscaper will be required to furnish proof that it has a permit to deposit leaves, grass clippings, and other debris at a duly licensed facility or depository within the State of New York in conformity with all applicable laws, rules, and regulations of the municipality in which the said facility or depository is located, and thereafter must maintain such landscape disposal permit at all times during the term of the license.


5. No Landscaper shall spill or dump oil, gasoline, other petroleum products, or any pesticides on the public highway, 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.


6. All work shall be performed and all motor vehicles used by Landscapers shall be operated in accordance with the laws, ordinances, rules, and regulations of the United States, New York State, Nassau County, and the Village.


7. The Village Board may promulgate, by resolution, such additional rules and regulations as it deems necessary to further the purposes of this chapter.



IV. As required by Section 103-12 of the Village Code, all Landscapers shall provide proof of insurance to the Village that meets or exceeds the following:

Landscapers shall maintain at a minimum the following insurance coverages, giving evidence of same to the Village, on the form of Certificates of Insurance stating all work performed at any and all locations, copy of the Additional Insured Endorsement, providing 30 days’ notice of cancellation, non-renewal or material change. New York State licensed carrier is preferred; any non-licensed carriers will be accepted at the Village’s discretion. The insurance carrier must have an A.M. Best Rating of at least A- IX. The insurance coverage limits set forth in the Schedule below are minimum coverage requirements, not limitations of liability. All subcontractors must adhere to the same insurance requirements.


Certificate Holder should read:

Incorporated Village of Sands Point

26 Tibbits Lane

Sands Point, NY 11050


Description Box to read:

Incorporated Village of Sands Point, all elected and appointed officials, employees and volunteers are included as primary and non-contributory additional insureds per the General Liability including Contractual Liability and Products and Completed Operations, Automobile Liability and Excess Liability (if Excess Liability is applicable). Waiver of Subrogation is included on the Workers Compensation and General Liability in favor of the Additional Insured.


I. WORKER'S COMPENSATION AND NYS DISABILITY

Coverage Statutory

Extensions Voluntary compensation

All states coverage; Employers liability – unlimited


Waiver of Subrogation in favor of Incorporated Village of Sands Point Required Form for Workers Comp: C105.2 – certificate of NYS Workers Compensation Insurance Coverage OR if you are insured with the State Insurance Fund, form SI-26.3 – State Insurance Fund Certificate of Workers Compensation Insurance Required Form for NYS Disability: DB120.1 – Certificate of Disability Benefits Insurance

II. COMMERCIAL GENERAL LIABILITY

Coverage Occurrence – 1988 ISO or equivalent

Limits General Aggregate $2,000,000

Products-Comp/Ops Aggregate $1,000,000

Personal. & Advertising. Injury $1,000,000

Each Occurrence $1,000,000

Fire Legal (Any one Fire) $50,000

Medical Exp. (Any one Person) $5,000


Additional Insured: Incorporated Village of Sands Point and all appointed and elected officials, employees and volunteers Using ISO form CG2026 or equivalent on a primary and non-contributory basis.

Mandatory Contractual Liability to cover the Hold Harmless;

Waiver of Subrogation in favor of all Additional Insureds


III. AUTOMOBILE INSURANCE

Coverage Standard New York policy insuring all owned, hired, and non-owned vehicles

Limits Minimum Limit - $1,000,000 CSL

Additional Insured: Incorporated Village of Sands Point and all appointed and elected officials, employees and volunteers on a primary and non-contributory basis.


IV. UMBRELLA LIABILITY - RECOMMEND

Coverage: Umbrella Form or Excess following form of primary General Liability and Automobile Liability

Suggested Limit: $2,000,000

Additional Insured: Incorporated Village of Sands Point and all appointed and elected officials, employees and volunteers


V. HOLD HARMLESS/INDEMNIFICATION AGREEMENT

The applicant/contractor shall indemnify, defend and hold the Incorporated Village of Sands Point and all appointed and elected officials, employees and volunteers of the Incorporated Village of Sands Point harmless against any claim of liability or loss including the cost of defense for personal injury or property damage resulting from or arising directly or indirectly out of, or resulting from, the permit holder’s or Licensee’s operations within the Village, including losses arising out of the negligent acts or omissions of the Landscaper, its servants or agents, and any subcontractors, its servants or agents.

IN WITNESS WHEREOF, the undersigned has duly executed this Agreement the ___ day of 20_____.

Witness: Applicant - Name of Firm - Landscaper:

Signature Address

Date Landscaper’s Signature

Print Name Print name & Title


SPECIAL NOTATIONS:

I. Per the Workers Compensation Law, all municipal and State entities are to ensure that all applicants applying for permits, licenses, or contracts have appropriate workers compensation and disability benefits insurance coverage. Businesses must provide evidence of proper coverage by using:


Workers Compensation: C105.2 OR (State Insurance Fund Form) SI-26.3

NYS Disability: DB120.1


II. If the Landscaper does not maintain Workers Compensation and NYS Disability due to a valid exemption, the following form must be submitted to the Village: CE-200 – Certificate of Attestation of Exemption from NYS Workers Compensation and/or Disability Benefits Insurance Coverage.


Starting December 1, 2008, ONLY Landscapers eligible for exemptions must file a new CE-200 for each and every new or renewed permit, license or contract issued by a government agency. You can obtain this form from the Workers Compensation Boards’ website, http://www.wcb.state.ny.us/ or by calling (518) 486-6307.

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