The purpose of this article is to protect and promote the public
health through the control of the growth of invasive plant species.
Failure to control the spread of such invasive plants beyond the boundaries
of a resident's property is a violation of this article.
As used in this article, the following terms shall have the
meanings indicated:
INVASIVE PLANTS
All native and non-native vines and vegetation that grow
out of place and are competitive, persistent and pernicious. These
plants may damage trees, vegetation, other plant materials or structures.
Examples include but are not limited to Japanese knotweed (Polygonum
cuspidatum), running (monopodial) bamboo, clumping (sympodial) bamboo,
multiflora rose, Kudzu vine and poison ivy and oak.
All persons must control the growth of invasive plants. Failure
to control the spread of such vegetation beyond the boundaries of
a resident's property is a violation of this article.
All places and premises in the Borough of the Atlantic Highlands
shall be subject to inspection by the enforcing officer. Such inspections
shall be performed by such person, persons or agency duly authorized
and appointed by the Borough of Atlantic Highlands. Such inspection
shall be made if that official has reason to believe that any section
of this article is being violated.
In the event invasive plants are present on the date of adoption
of this article and a complaint is received by the Borough regarding
an encroachment of any invasive plant, and the Code Enforcement Officer,
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
Borough shall serve notice to the invasive plant property owner in
writing that the invasive plant has invaded other private or public
properties or public rights-of-way and demand the removal of the invasive
plant 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
invasive plant 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 invasive plant
property owner shall submit to the Code Enforcement Officer of the
Borough, with a copy to the owner of the affected property, a plan
for the removal of the invasive plant from the affected property,
which plan shall include restoration of the affected property after
removal. Within 90 days of receipt of the Code Enforcement Officer's
approval of the plan of removal and restoration, the removal and restoration
shall be completed to the satisfaction of the Code Enforcement Officer.
All new in-ground planting of invasive plants are strictly prohibited.
All existing planting must be contained by appropriate physical barriers
to prevent the growth or spreading of the existing invasive species
beyond the boundaries of a resident's property.