[HISTORY: Adopted by the Township Committee of the Township
of Harding 9-10-2018 by Ord. No. 16-18. Amendments noted where applicable.]
The purpose of this chapter is to protect and promote the public
health through the control of the growth of running bamboo-type species.
As used in this chapter, the following terms shall have the
meanings indicated:
All native and nonnative running-type bamboo.
No owner, tenant, or occupant of any property or person, corporation
or other entity, shall plant, install, or cause or permit the planting
or installation of any running bamboo upon any property located within
the Township of Harding.
All persons must control the growth of running bamboo. Failure
to control the spread of such vegetation beyond the boundaries of
a resident's property is a violation of this chapter. In the
event any running bamboo is located upon any property within the Township
of Harding prior to the effective date of this prohibition, the owner
and occupant of said property shall jointly and severally be required
to confine such species to prevent the encroachment, spread, invasion
or intrusion of same onto any other private or public property or
public right-of-way. In lieu of confining the species, the property
owner or occupant may elect to totally remove the running bamboo from
the property, and all affected properties. Failure to properly confine
such running bamboo shall require removal as set forth below. The
cost of said removal shall be at the property owner's expense.
All places and premises in the Township of Harding shall be
subject to inspection by the Township Zoning Officer or his or her
designee. An inspection shall only be made if that official has received
a written complaint from a neighboring property owner asserting that
the provisions of this chapter have been violated.
A.Â
In the event running bamboo is present on and after the date of adoption
of this chapter and a complaint is received by the Township regarding
an encroachment of any running bamboo, and the Zoning Officer of the
Township or his or her designee, after observation and/or inspection,
determines that there is an encroachment or invasion on any adjoining/neighboring
private or public property or public right-of-way (hereinafter "the
affected property"), the Township shall serve notice to the running
bamboo property owner in writing that the running bamboo has invaded
other private or public property(ies) or public right(s)-of-way and
demand the removal of the running bamboo from the affected property
and demand approved confinement against future encroachment or, in
the alternative, the total removal from the property owner's
property. Notice shall be provided to the running bamboo property
owner, as well as to the owner of the affected property, by certified,
return receipt requested mail and regular mail. Within 30 days of
receipt of such notice, the running bamboo property owner shall submit
to the Zoning Officer of the Township or his or her designee, with
a copy to the owner of the affected property, a plan for the removal
of the running bamboo from the affected property, which plan shall
include restoration of the affected property after removal. Within
90 days of receipt of the Zoning Officer's approval of the plan
of removal and restoration, the removal and restoration shall be completed
to the satisfaction of the Zoning Officer.
B.Â
The cost of abatement and/or removal shall be borne by the running
bamboo property owner.
C.Â
If the running bamboo property owner fails to comply with such notice
within the time specified therein, the enforcing official may remove
or otherwise control the running bamboo species and the Township may
thereafter recover the cost of such removal from the property owner
and place a lien on the subject real property for purposes of recovering
the cost of the running bamboo removal.
A.Â
Any person, partnership, limited liability company, corporation or
other entity who shall violate any provision of this chapter shall,
upon conviction thereof, be subject to the maximum fines and penalties
established under N.J.S.A. 40:49-5 and 40:69A-29, and as same shall
be amended from time to time. Each and every day a violation of this
chapter shall exist shall constitute a separate violation. In addition,
the Zoning Officer or his or her designee may request and the Municipal
Court may grant a specific performance remedy.
B.Â
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.
