It shall be unlawful for any contractor to engage in the business of planting, cutting, trimming, pruning, removing, spraying, or otherwise treating or maintaining trees within the Town without procuring an arborist license issued by the Town Arborist. The requirements of this section shall not apply to private landowners performing such work themselves on trees located wholly on their own private property or on public right of way.
License Application Process:Any business desiring an arborist license shall make application at the office of the Town Arborist on forms to be provided by the Town. No arborist license shall be issued or renewed without the approval of the Town Arborist.
The Town Arborist is authorized to issue arborist licenses to persons or businesses that meet the following minimum requirements:
- The person, or at least one person on the staff of a business, must be designated as a qualified arborist by the Town Arborist. To be designated as a qualified arborist, the individual must hold a current Certified Arborist or greater certification issued by the International Society of Arboriculture or hold a current Registered Consulting Arborist designation through the American Society of Consulting Arborists.
- The licensee must sign an affidavit to certify that all tree work will be performed under the direct supervision of the qualified arborist and will comply with the standards and specifications for arboricultural practices referenced in the Municipal Code section 7-3.6.
- Arborist licenses are not transferable.
- Licensees shall supervise and be responsible for all work done under their license.
- Licensees shall be responsible for performing all work in conformity with the rules, regulations, and standards and specifications for arboricultural practices promulgated by the town arborist and any and all applicable statutes of the State of Colorado and ordinances of the Town of Erie.
- Licensees shall obey all orders issued under the authority of the Town Arborist.
- Licensees shall be responsible for all safety measures and equipment to ensure public safety at all times. Licensee shall be responsible for all roadway safety and work zone traffic control measures. All roadway safety and work zone traffic control shall be in accordance with the most current Manual on Uniform Traffic Control Devices guidelines set forth by the Department of Transportation.
- All motor vehicles and other major equipment of any person licensed here-under used in conducting the licensed business shall be clearly identified with the company name, business address, and phone number of the licensee at all times.
Suspension or Revocation:
The Town Arborist is authorized to suspend or revoke the arborist license of any person or business that performs work in such a manner that constitutes a menace to the health, safety, or general welfare of the public or that violates any of the rules, regulations, and standards and specifications for arboricultural practices promulgated by the Town Arborist
- Each applicant shall pay an annual arborist license fee of $25.00.
- Arborist licenses shall be renewed each calendar year.
Insurance Requirements; Minimum Amounts: Before any arborist license shall be issued, each applicant must first file evidence of possession of insurance issued by an insurance company, or companies, licensed in the state, showing that such applicant has:
- Workmen's Compensation Insurance and Employer's Liability Insurance to cover obligations imposed by applicable laws for any employee of Contractor or a subcontractor engaged in the performance of work under this Agreement.
- General liability insurance with minimum combined single limits of One Million Dollars ($1,000,000) each occurrence and One Million Dollars ($1,000,000) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employees' acts), blanket contractual, products, and completed operations. The policy shall contain a severability of interests provision.
- Comprehensive Automobile Liability insurance within single limits for bodily injury and property damage of not less than One Million Dollars ($1,000,000) each occurrence and One Million Dollars ($1,000,000) aggregate with respect to each of Contractor's owned, hired or non-owned vehicles assigned to or used in the performance of this Agreement. The policy shall contain a severability of interests provision.
- The licensee shall not cancel, materially change or not renew insurance coverages. Licensee shall notify the town forester of any material reduction or exhaustion of aggregate limits. Should any policy be canceled, the license shall be subject to revocation.
- Such insurance policy must require at least thirty (30) days' advance notice to the Town before cancellation. In the event of the cancellation or termination of any such required insurance policy during the licensed term, the license shall be terminated, and the holder shall surrender it to the Town Arborist unless the licensee presents to the Town Arborist a substitute insurance policy meeting the requirements of this Section.
Pesticide Applicator's License Required: Any contractor that engages in the business of applying pesticides within the town shall carry a current Pesticide Applicators License issued by the State of Colorado pursuant Title 35, Article 10 known as the Pesticide Applicators' Act.