[HISTORY: Adopted by the Township Council of the Township
of Monroe 9-18-2015 by Ord. No.
O:34-2015. Amendments noted where applicable.]
GENERAL REFERENCES
Land management — See Ch. 175.
This chapter is adopted to control the planting, cultivating
and/or growing of bamboo and other invasive plant species in the Township
of Monroe. It is further intended to require barriers that will prevent
the spread of invasive plant species, such as bamboo, into other areas
within the Township of Monroe.
A.
Definitions. All native and nonnative vines and vegetation that grow
out of place and are competitive, persistent and pernicious; those
plants may damage trees, vegetation, sidewalks or structures. Examples
include, but are not limited to, bamboo as well as invasive plant
species developed by the New Jersey Species Strike Team and the New
Jersey Forestry Association. The terms "bamboo" and "invasive plant
species" shall include, but not be limited to, the following plant
genera (commonly known as spreading or running type): Arundinaria,
Bambusa, Chimonobambusa, Dendrocalamus, Fargesia, Phyllostachys, Pleioblastus,
Sasa, Sasaella, Semiarundinaria, Ragweed, multi-flora rose, kudzu-vine
and poison oak or ivy.
B.
Prohibition. No owner, tenant or occupant of a property, or person,
corporation or other entity, shall plant, install, or cause or permit
the planting or installation of invasive plant species such as bamboo
within any lot and/or parcel of ground anywhere within geographic
boundaries of the Township of Monroe.
C.
Duty to confine; inspection and approval of Code Enforcement Officer.
(1)
If there exists any species commonly known as "bamboo-running or
clumping," or any other invasive plant species located upon any property
within the Township of Monroe prior to the effective date of this
chapter, there shall be a duty to confine imposed upon the owner or
occupant of the property. The duty to confine shall require owners
and occupants to prevent the encroachment, spread, invasion or intrusion
of bamboo and other invasive plant species onto any other private
property, public property, or public right-of-way.
(2)
All places and premises in the Township of Monroe shall be subject
to inspection by the Code Enforcement Officer when there is reason
to believe that any section of this chapter is being violated.
(3)
Property owners who seek to confine bamboo or other invasive plant
species must do so in accordance with methods approved by the Township
of Monroe Code Enforcement Officer. The Code Enforcement Officer may
permit, inspect and approve methods of confinement and amend the requirements
of said confinement from time to time. The Code Enforcement Officer
may also permit, inspect and approve proper methods for full removal
of bamboo or other invasive plant species.
(4)
Failure to confine bamboo or other invasive plant species in accordance
with the requirements set forth by the Code Enforcement Officer shall
require immediate removal by the property owner or occupant.
(5)
An owner or occupant with property containing bamboo or other invasive
plant species prior to the adoption of this chapter may fully remove
the bamboo or other invasive plant species in lieu of the duty to
confine. Such removal must conform with the requirements set forth
by the Code Enforcement Officer.
A.
Subject to certain exemptions set forth in this chapter, no persons,
residents, citizens, property owners and/or tenants of the Township
of Monroe shall plant, cultivate, or cause to grow, any bamboo on
any lot and/or parcel of ground anywhere within the Township of Monroe,
subject to the following exceptions:
(1)
The root system of such bamboo plants is entirely contained within
an above ground level planter, barrel, or other vessel of such design,
material, and location as to entirely prevent the spread of growth
of the bamboo plant's root system beyond the container beyond
which it is planted; or
(2)
The root system is contained within a properly constructed and maintained
barrier system.
B.
Whether planted or growing in a container, as described herein, all
bamboo plants shall be located, trimmed and maintained so that no
part of the plant shall be closer than 10 feet from any property line.
This chapter shall not apply to any landowner or possessor of said land who, prior to the effective date of this chapter, has planted or caused to grow any bamboo on any property within the Township limits unless the Code Enforcement Officer determines on his/her own or upon complaint from any abutting or nearby property owner, that any portion of such bamboo has been allowed to grow upon, extend roots across, or extend branches, stalks or leaves over any public way or any private property not owned by or in the possession of such landowner or any possessor of said land. If such occurs, the provisions of § 232-5 shall apply.
A.
Encroachment on public property; rights of Township. When an encroachment
of bamboo or other invasive plant species occurs upon public property
or public right-of-way, the Township of Monroe may remove or contract
for the removal of such bamboo or other invasive plant species from
the public property or right-of-way. The cost of removal shall be
the responsibility of the property owner and shall be assessed as
a lien against the property on which the growth originated. The cost
of removal of the bamboo and other invasive plant species shall also
include the installation of an appropriate barrier to prevent future
invasion onto the public property or right-of-way.
B.
Encroachment on private property; rights of property owner. Nothing
herein shall be interpreted as limiting the rights of a private property
owner to seek civil relief through a court of proper jurisdiction,
nor the institution of civil proceedings against the proper parties.
Whenever a complaint is received by the Township regarding the
encroachment of any bamboo plant or root, or whenever the Township
on its own observations and inspections, determines that there is
an encroachment of bamboo plants or roots on to the property of another
landowner, or tenant in possession of the property, or both, the Township
shall cause notice to be served and the following actions occur:
A.
The notice shall be mailed by certified mail, return receipt requested,
properly addressed and with sufficient postage, and also by first-class
mail. Notice by certified mail shall be deemed complete on the date
of personal delivery, or the date the certified mail is marked refused
or unclaimed or otherwise undeliverable by the United States Post
Office, when the first-class mail was not returned.
B.
The notice shall specify the nature of the violation.
C.
The notice shall state that the violation must be corrected within
30 days from the date of the received or returned mailing.
D.
The notice shall state specifically what must be done by the responsible
party to correct the violation(s).
A.
The cost of the corrective action together with any civil penalties,
legal fees and other costs shall be recoverable from the responsible
party.
B.
Whenever it shall be deemed for the preservation of the public health,
safety and welfare, or to eliminate a fire hazard, the Director of
the Department of Public Works or his designee shall require any owner,
tenant, occupant, managing agent, executor, administrator or other
similar person to remove or destroy brush, weeds (including ragweed),
dead and dying trees, stumps, roots, obnoxious growth, filth, garbage,
trash and debris from his property or within the entire perimeter
of the property that extends to the curbline of the roadway abutting
his property, within five days after receipt of notice to remove or
destroy the same.
C.
All such obnoxious growth and debris shall be collected and either
removed from the premises or accumulated in trash cans, bags or other
similar containers for removal by any appropriate sanitation service;
the property shall be cleared within the entire perimeter of the property
and extend to the curbline or gutter line of the adjoining roadway,
as the case may be.
A.
Any person determined by any court of competent jurisdiction to have
violated this chapter shall be subject to pay a fine of not less than
$25 per day, nor more than $100 per day, or each day the violation
existed after the date for removal as set forth in the notice which
was sent to violator, and received by the violator. Each day of a
continuing violation shall constitute a separate offense, for which
an additional fine can be levied. The per day fine will be in addition
to a penalty for failure to comply with the Bamboo Ordinance. This
fine can be up to the maximum penalty set by the State of New Jersey.
B.
If the violation is not remedied within the time set forth in the
aforesaid notice, the Township is hereby authorized to remove or have
removed any encroaching bamboo and to take all reasonable steps to
eradicate the regrowth of the bamboo on the public rights-of-way,
including sidewalks, and to restore such land to its normal condition,
prior to such removal and eradication.
C.
The cost of the corrective action together with any civil penalties,
legal fees and other costs shall be recoverable from the responsible
party.
