[Adopted 3-12-2015 by Ord. No. 622]
A.
Purpose. This article is adopted to control the planting, cultivating
or growing of bamboo in the Borough of Medford Lakes, and to require
barriers to prevent the spread of existing bamboo into other areas
of the Borough. For the purposes of this article, "bamboo" shall refer
to bamboo.
B.
Regulation of the planting, growing or cultivating of bamboo. Subject
to certain exemptions set forth in this article, no property owners,
tenants, contractors or other persons shall plant, cultivate, or cause
to grow any bamboo on any lot or parcel of ground in the Borough,
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 plants' 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.
(3)
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 15 feet to any property line.
C.
Exemptions. This article shall not apply to any land owner or possessor
who, prior to the effective date of this article, has planted or caused
to grow any bamboo on any property within the Borough limits unless
the Code Enforcement Officer determines, on his 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 land owner or any possessor
of said land. Further, any land owner or possessor that currently
has bamboo on his property shall prevent same from spreading from
its current location so that it does not encroach within 15 feet of
any property line.
