It is determined that certain types of the bamboo plants are
invasive, often difficult to control and can cause significant damage
to property. The purpose of this chapter is to preserve and protect
public and private property in the Borough of Woodcliff Lake from
the damaging spread of bamboo, to protect indigenous and other plant
materials from the invasive spread of bamboo and to maintain the general
welfare of the residents of the Borough of Woodcliff Lake.
As used in this chapter, the following terms shall have the
meanings indicated:
BAMBOO
Woody perennial grass plant species classified under the
taxonomic family Poaceae, that may be known as monopodial (running)
bamboo, sympodial (clumping) bamboo, "common" bamboo, golden bamboo
and arrow bamboo, and including, but not limited to, the following
species:
BAMBOO OWNER
Any property owner or resident who has planted and/or grows
bamboo, or who maintains bamboo on the property, or who permits bamboo
to grow or remain on a property, prior to the effective date of this
chapter.
BUFFER ZONE
A clear distance of 10 feet from any property line, street,
public property or Borough right-of-way, or from any neighboring property,
whichever is the most restrictive for the bamboo owner.
The requirements under this chapter shall be enforceable by
the Code Enforcement Officer or his designee, including, but not limited
to, the Borough Construction Official or Zoning Officer. The Woodcliff
Lake Police Department can also enforce provisions of this chapter.
The terms of this chapter shall not be deemed and are not intended
to impair the provisions and enforcement of any other chapter of this
Code, which shall remain in full force and effect.
The provisions of this chapter are declared to be severable,
and if any section, subsection, sentence, clause or phrase thereof
for any reason be held to be invalid or unconstitutional, such decision
shall not affect the validity of the remaining sections, subsections,
sentences, clauses and phrases of this chapter, but shall remain in
effect; it being the legislative intent that this chapter shall stand
notwithstanding the invalidity of any part.
All ordinances or parts thereof in conflict or inconsistent
with this chapter are hereby repealed, but only, however, to the extent
of such conflict or inconsistency, it being the legislative intent
that all ordinances or parts of ordinances now existing or in effect
unless the same being in conflict or inconsistent with any provision
of this chapter shall remain in effect.
This chapter shall take effect upon passage and publication
according to law.