This article is adopted to control the planting, growing, maintaining
and/or cultivating of bamboo in the Township of Denville and to require
barriers to prevent the spread of existing bamboo into other areas
of the Township.
Subject to certain exemptions set forth in this article, no
persons, residents, citizens, property owners and/or tenants of the
Township shall plant, cultivate, or cause to grow, any bamboo on any
lot and/or parcel of ground anywhere within the geographic boundaries
of the Township of Denville, except for:
A. Where the root system of such bamboo plants is 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
it is planted; and
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 10 feet from any property line.
This article shall not apply to any landowner or tenant in possession of said land who, prior to the effective date of this article, has any bamboo on any property within the Township limits. Notwithstanding the foregoing, no portions of such bamboo shall be allowed to grow upon, extend roots across, or extend branches, stalks or leaves over any public way or onto any private property. If such occurs, the provisions of §
535-28 shall apply.
Whenever a complaint is received by the Township regarding the
encroachment of any bamboo plant or root, or whenever the Township,
on its own observations and inspections, determines that there is
an encroachment of bamboo plants or roots on the property of another
landowner, or tenant in possession of the property, or both, the Township
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 shall be deemed complete on the
date of personal delivery, or the date the certified mail is marked
refused or unclaimed or otherwise undeliverable by the United States
Post Office. First class mail shall be deemed delivered within five
calendar days of its being mailed by the Township.
B. The notice shall specify the nature of the violation(s).
C. The notice shall state that the violation(s) must be corrected within
10 calendar days from the date of the received or returned mailing.
D. The notice shall state specifically what must be done by the responsible
party to correct the violation(s).
All ordinances of the Township of Denville which are inconsistent
with the provisions of this article are hereby repealed to the extent
of such inconsistencies.
If any section, subsection, clause or phrase of this article
is for any reason held to be unconstitutional or invalid by a court
of competent jurisdiction, such decision shall not affect the remaining
portion of this article.
This article may be renumbered for purposes of codification.
This article shall take effect immediately upon final passage,
approval and publication as required by law.