[HISTORY: Adopted by the Mayor and Council
of the Borough of River Edge as indicated in article histories. Amendments
noted where applicable.]
[Adopted 6-25-2018 by Ord. No. 18-14]
It is determined that certain types of the bamboo plant are
invasive, often difficult to control and can cause significant damage
to property. The purpose of this article is to preserve and protect
public and private property in the Borough of River Edge from the
damaging spread of bamboo, to protect indigenous and other plant materials
from the invasive spread of bamboo and to maintain the general welfare
of the residents of the Borough of River Edge.
As used in this chapter, the following terms shall have the
meanings indicated:
Woody perennial grass plant species classified under the
taxonomic family Poaceae, that may be known as monopodial (running)
bamboo, sympodial (clumping) bamboo, "common" bamboo, golden bamboo,
and arrow bamboo, and including, but not limited to, the following
species:
Any property owner or resident who has planted and/or grows
bamboo, or who maintains bamboo on the property, or who permits bamboo
to grow or remain on a property, prior to the effective date of this
article.
The Borough employee designated as the Code Enforcement Officer
for the Borough of River Edge, or his designee.
A clear distance of 10 feet from any property line, street,
public property or Borough right-of-way, or from any neighboring property,
whichever is the most restrictive for the bamboo owner.
A.
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 bamboo upon any property located with the Borough
of River Edge.
B.
Any existing bamboo may not be replanted or replaced after any such
bamboo has died or been destroyed, uprooted or otherwise removed.
C.
Any person who plants or replants bamboo within the Borough limits
after the effective date of this article shall be in violation thereof
and subject to penalties as set forth herein.
A.
In the event any bamboo is located upon any property within the Borough
of River Edge 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.
B.
Within 60 days of the adoption of this article, bamboo owners shall
notify the Code Enforcement Officer, in writing, by certified mail,
return receipt requested, confirming the presence of bamboo on the
property prior to the effective date of this article.
(1)
No existing bamboo shall be permitted to remain in any buffer zone,
and it shall be removed.
(2)
Bamboo that has been confirmed to have already encroached onto another
property prior to the effective date of this article shall be removed
from the affected property by the bamboo owner, and the affected property
shall be restored to preexisting conditions at the bamboo owner's
expense, as well as ensuring compliance with the other provisions
of this article.
(3)
In lieu of confining the species, the property owner or occupant
may elect to totally remove the bamboo from the property and all affected
properties.
(4)
Failure to properly confine such bamboo shall require removal as
set forth below. The cost of said removal shall be at the bamboo property
owner's expense.
(5)
This duty to confine shall not apply if the property owner and/or
occupant can establish to the satisfaction of the Borough that the
bamboo which is on his/her property at the time of the adoption of
this article originated on another property.
(6)
Bamboo owners that fail to comply with the requirements of this article
within 120 days from the adoption of this article shall be subject
to penalties as set forth herein.
A.
In the event any bamboo located upon any property within the Borough of River Edge, prior to the effective date of this prohibition, is found to have encroachment of bamboo plant or root, either by receipt of a complaint or as otherwise determined by the Code Enforcement Officer after observation and/or inspection, and the Code Enforcement Officer confirms 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 bamboo property owner, in writing, that the bamboo has invaded other private or public property(ies) or public right-of-way (rights-of-way) and demand the removal of the bamboo from the affected property and demand confinement in accordance with § 140-4 of this article.
B.
The Code Enforcement Officer shall provide notice to the bamboo property
owner, as well as to the owner of the affected property(ies), by certified,
return-receipt-requested, mail and regular mail.
C.
Within 30 days of receipt of such notice, the bamboo property owner
shall submit to the Code Enforcement Officer a plan for the removal
of the bamboo from the affected property, which plan shall include
restoration of the affected property after removal of the bamboo;
a copy of which shall be provided to the owner of the affected property.
D.
Within 60 days of approval of the plan of removal and restoration,
the removal and restoration shall be completed to the satisfaction
of the Borough.
A.
If a bamboo owner fails to confine existing bamboo in accordance with § 140-4 or does not accomplish the removal of the bamboo from such other private or public property or public right-of-way in accordance with § 140-5, the Code Enforcement Officer shall cause a summons to be issued and assess a penalty of up to $100 for each day the violation continues, enforceable through the Municipal Court of River Edge. Each and every day a violation of this chapter shall exist shall constitute a separate violation.
B.
The Code Enforcement Officer may request, and the Municipal Court
may grant, a specific performance remedy. The Borough may also institute
civil proceedings for injunctive of civil relief.
C.
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 property parties.
D.
When an encroachment is upon public property or a public right-of-way
and the bamboo property owner and/or occupant has not complied with
the written notice provided as set forth above, the Borough of River
Edge, at its discretion, may remove or contract for the removal of
such bamboo from Borough property or the public right-of-way. The
cost of said removal shall be the responsibility of the bamboo property
owner and occupant and shall be paid or assessed as a lien against
the property on which the bamboo growth originated. The cost of said
removal from Borough-owned property and/or the public right-of-way
shall include the installation of an appropriate barrier to prevent
future bamboo invasion or other suitable remedy approved by the Borough.
The requirements under this article shall be enforceable by
the Code Enforcement Officer or his designee, including, but not limited
to, the Borough Construction Official or Zoning Officer. The River
Edge Police Department can also enforce provisions of this article.
All ordinances or parts thereof in conflict or inconsistent
with this article are hereby repealed, but only to the extent of such
conflict or inconsistency, it being the legislative intent that all
such ordinances or part of ordinances now existing or in effect, unless
the same are in conflict or inconsistent with any provision of this
article, shall remain in effect.
The provisions of this article are declared to be severable;
and if any section, subsection, sentence, clause or phrase thereof
for any reason is held to be invalid or unconstitutional by a court
of competent jurisdiction, such decision shall not affect the validity
of the remaining sections, subsections, sentences, clauses and phrases
of this article, but they shall remain in effect, it being the legislative
intent that this article shall stand notwithstanding the invalidity
of any part.
