This chapter is adopted to control the planting, cultivating
or growing of bamboo in the Borough of Franklin Lakes; and to require
barriers to prevent the spread of existing bamboo into other areas
of the Borough.
Subject to certain exemptions set forth in this chapter, no
person, property owner, person in possession or control of real property,
or tenant (hereinafter referred to as "person") shall plant, cultivate
or cause to grow bamboo on any lot or parcel of land within the Borough,
subject to the following exceptions:
A. 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 so as to entirely prevent the spread or growth
of the bamboo plants' root system beyond the container in which
it is planted; and
B. Whether or not planted or growing in a container, all bamboo plants
shall be located, trimmed and maintained so that no part of the plant
shall be closer than 10 feet to any property line or right-of-way.
This chapter shall not apply to any person who, prior to the
effective date of this chapter, has planted or caused to grow bamboo
on any property within the Borough limits unless the Code Enforcement
Official determines that any portion of such bamboo has been allowed
to grow upon, extend roots across, or extend branches, stalks or leaves
over any public way or any private property of another, which shall
hereinafter be referred to as an encroachment onto the property of
another.
Whenever the Code Enforcement Official determines that there
is an encroachment of bamboo plants or roots onto public property
or the property of another, the Code Enforcement Official shall forward
a notice of violation to the offending person, property owner, or
other in possession of such property, which notice shall be substantially
as follows:
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 served 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.
B. The notice shall specify the nature of the violation.
C. The notice shall state that the violation must be cured within 30
days from the date of the received or returned mailing.
D. The notice shall state specifically what must be done by the violator
to abate the violation which may include, but is not limited to, creating
a barrier to prevent the spread of bamboo onto the property of another,
and/or, with the permission of the owner of the adjacent property,
contracting for or arranging for the removal of the bamboo from the
property of another.