A new state law in New Jersery requires landscapers who plant trees to register with the state. Once they register and pay a $90 fee, they're off the hook for local fees, the state says.
East Hanover and at least one other New Jersey municipality, however, still want their money.
Seventy-three landscapers registered with East Hanover Township this spring at $50 a piece, bringing the township $3,650, said Marie Berres of the township's planning and zoning department. That's up from 40 registrations last year and five in 2004 -- likely be cause of a new code officer.
"What I've been told, I'm still supposed to continue on with the registration process," says code officer Chris Iantosca. "Everyone in my office said, 'You know that's the state registration. That has nothing to do with (us).'"
The state Contractors' Registration Act, which took effect Jan. 1, requires home improvement contractors -- such as roofers and painters, as well as landscapers who plant flowers, shrubs or trees, lay sod or establish lawns -- to register.
The law was enacted to protect consumers and legitimate contrac tors from fly-by-night workers.
The East Hanover Township law, passed in 2003, requires anyone planting, fertilizing, or mowing lawns, or maintaining or cutting shrubs or trees to register with the township, said Township Administrator C. Richard Paduch. Its intention is also to protect the public.
"We have a registration ordinance," Paduch says. "And until somebody challenges it, that's what it'll be."
Randolph landscaper Mike Ciottariello, who owns M.C. Landscaping in Mount Freedom, is about to challenge it.
For failing to register, Ciotta riello -- who has one client in East Hanover -- must appear at 9 a.m. today in municipal court to argue his case. He faces fines of up to $1,250 and up to 90 days in jail.
"I'm just going to go to court and present it to the judge, that's all," says Ciottariello, who has registered with the state. "This way, they'll realize they made a mistake and can correct it. That's all."
State officials say such a sum mons should never have been is sued.
"Municipalities should be absolutely aware of the fact that this state law supersedes any municipal registration or licensing fee," says Kimberly Ricketts, director of the New Jersey Attorney General's Office Division of Consumer Affairs.
Many municipalities, such as Mountain Lakes, are honoring the state registration.
"If they are registered with the state ... then, no, we do not re quire them to have a landscaping permit," Borough Clerk Christina Whitaker says. "We're not going to charge them. It's like charging them twice."
However, the borough is charg ing the regular $50 registration fee for companies that merely cut grass, trim shrubs and rake leaves -- tasks for which no registration is required under the state law.
Other municipalities are of the same frame of mind as East Hanover.
"They're not exempt," says Juliet Lee, Montclair's records, licensing and data coordinator. "We can still charge them a landscaping fee." Lee even had the township's legal department examine the local law and its $50 per truck fee.
Confusion reigns among contractors.
"We have some municipalities that are honoring it, and some municipalities that are not," says Michael Kukol, legislative chairman for the New Jersey Landscaping Contractors Association.
The rub may occur in the laws' different descriptions of landscap ers, he believes.
Some municipalities argue that they can continue to charge landscaping fees because the landscap ers are mowing lawns and trim ming shrubs -- activities not included in the state law, Kukol said. East Hanover's law basically covers anyone doing any yard work.
"If you go to Mrs. Smith's house and mow the lawn, you're not doing home improvement work there," Kukol says, explaining the possible train of thought. "So you still have to pay."
The state law mandates that contractors must detail all terms and conditions of work to be done; offer written contracts when work is to exceed $500; post the company's registration on New Jersey advertisements, correspondence and commercial vehicles; and file proof of general liability insurance for at least $500,000 per occurrence. Municipalities cannot issue construction permits to contractors who have not registered.
As of June 8, the state had processed 35,000 contractor applica tions, officials say.
The state Consumer Affairs Di vision publicized the new law on radio, television and with trade associations. While the state Department of Community Affairs told local construction officials of the law's requirements, responded to questions and attempted to resolve problems that arise with contrac tors trying to get permits, says Chris Donnelly, a spokesman for Community Affairs.
Neither agency knew of any complaints from contractors about being charged by both the state and local municipalities. But they encouraged contractors to contact them if they had been charged at both levels.
Kukol says he has tried writing letters to local officials, telling them about the state law, but says he has had little success. For now, he encourages landscapers to pay the fees and fight them later.
"Once I get through the springtime, I'm going to follow up with some of the towns, call their legal departments and say what are we doing for the upcoming year?" Kukol says.
Ciottariello said he is fighting East Hanover not because of the $50, but because of the principle involved.
"The funny thing is, how many people did (they) do that to?" he says.