[Adopted 9-27-2016 by Ord. No. 1897]
This article is adopted to control the planting, cultivating
and/or growing of bamboo in the Borough of Middlesex and to require
barriers to prevent the spread of existing bamboo into other areas
of the Borough.
Subject to certain exemptions set forth in this article, no
persons, residents, citizens, property owners and/or tenants of property
within the Borough shall plant, cultivate, or cause to grow, any bamboo
on any lot and/or parcel of ground anywhere within the geographic
boundaries of the Borough of Middlesex, except for:
A.
Where the root system of such bamboo plant(s) is/are 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 in which
they are planted.
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 15 feet to any property line,
and shall not be permitted whatsoever in the front yard area of any
property.
This article shall not apply to any landowner or possessor of said land who, prior to the effective date of this article, has planted or caused to grow any bamboo on any property within Borough limits unless the Code Enforcement Officer determines on 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 § 317-19 herein shall apply.
Whenever a complaint is received by the Borough regarding the
encroachment of any bamboo plant or root, or whenever the Borough,
on its own observations and inspections, determines that there is
an encroachment of bamboo plants or roots onto the property of another
landowner, or tenant in possession of the property, or both, the Borough
shall cause notice to be served and the following actions to 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 and by first class mail shall
be deemed complete on the date of dispatch.
B.
The notice shall specify the general nature of the violation(s).
C.
The notice shall state that the violation(s) must be corrected within
20 calendar days from the date of dispatch of such notice.
D.
The notice shall state specifically what must be done by the responsible
party to correct the violation(s).
