[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:
BAMBOO
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:
BAMBOO OWNER
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.
BUFFER ZONE
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.
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with this article are hereby repealed, but only to the extent of such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.