This chapter is adopted to control the planting, cultivating
or growing of bamboo in the Borough of Saddle River; and to require
barriers to prevent the spread of existing bamboo into other areas
of the Borough.
This chapter refers to a plant commonly known as "bamboo." The
scientific names for the plant in question include: Phyllostachys,
bambusa, chusquea, borinda, fargesia, and himalayacalmus. Bamboo plants
are in the subfamily Bambuseae of the grass family Poaceae.
Subject to certain exemptions set forth in this chapter, no
persons, or other property owners or tenants, shall hereafter plant,
cultivate, or cause to grow any bamboo on any lot or parcel of ground
in the Borough of Saddle River except as follows:
A. The root system of a bamboo plant, which 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 bamboo
plants beyond the container in which it is planted.
B. Bamboo existing on any private residential property as of September
1, 2023, shall be permitted to exist, provided that the owner of such
property shall be responsible to prevent the spread of such bamboo
to any adjacent property. In the event that bamboo spreads onto or
into an adjacent property, the owner of the originating property may
be civilly liable for damages and injunctive relief to the adjacent
property owner in an action brought in the Superior Court by such
property owner.
Whenever a complaint is received by the Borough of Saddle River
regarding the encroachment of any bamboo plant or root onto a Borough
right-of-way or property, or whenever the Borough on its own observations
and inspections determines that there is an encroachment of bamboo
plants or roots onto the property of the Borough, the Borough shall
send a notice to the property owner in question, 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 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, when the first-class mail was not returned.
B. The notice shall specify the nature and location of the violation.
C. The notice shall state that the violation must be corrected within
30 days from the date of the received or returned mailing.
D. The notice shall state specifically what must be done to correct
the violation.
E. A copy of this chapter adopted by Ordinance No. 18-949-C shall be
included.