[HISTORY: Adopted by the Township Committee of the Township
of Mantua 6-15-2020 by Ord. No. O-6-2020. Amendments noted where applicable.]
The purpose of this chapter is to protect property and promote
public health through the control and growth of invasive plant species.
As used in this chapter, the following terms shall have the
meanings indicated:
All native and nonnative vines and vegetation that grow out
of place and are competitive, persistent and pernicious; those plants
may damage trees, vegetation, sidewalks or structures. Examples include,
but are not limited to, bamboo, as well as invasive plant species
developed by the New Jersey Species Strike Team and the New Jersey
Forestry Association. The terms "bamboo" and "invasive plant species"
shall include, but not be limited to, the following plant genera (commonly
known as spreading or running type): Arundinaria, Bambusa, Chimonobambusa,
Dendrocalamus, Fargesia, Phyllostachys, Pleioblastus, Sasa, Sasaella,
Semiarundinaria, ragweed, Multiflora Rose, kudzu vine and poison oak
or ivy.
All new plantings of invasive plant species as defined herein
are strictly prohibited.
All invasive plant species which are growing on land within
the Township of Mantua which are preexisting at the time of the passage
of this chapter, shall be contained within the property boundaries
of the property on which such species were previously planted or allowed
to grow. If the Code Enforcement Officer determines on his or her
own or on complaint from any abutting or nearby property owner that
any portion of such invasive plant species has been allowed to grow
upon, extend roots across, over, or under, or extend branches, stalks
or leaves over any public way or property or any private property
not owned by the property owner from whose property the invasive plant
species originated, the Code Enforcement Officer may compel remediation
of such condition consistent with the terms of this chapter.
A.Â
Whenever a complaint is received by the Township Code Enforcement
Officer regarding the encroachment of any invasive plant species or
root from one property onto another or whenever the Township Code
Enforcement Officer on his or her own observations and inspections
determines that there is an encroachment of an invasive plant species
or root onto the property of another land owner, the Code Enforcement
Officer may give notice to the offending property owner, which notice
shall:
(1)Â
Be mailed by certified mail, return receipt requested, and regular
mail properly addressed with sufficient postage to the property address
and to the owner of the property as reflected on the tax records for
the Township of Mantua;
(2)Â
Specify the nature of the violation;
(3)Â
Require that the violation be corrected within 30 days of the date
of notice; and
(4)Â
Require removal of the invasive plant species, including all root
structures for a distance of 20 feet from all adjoining property lines,
and may include a requirement for the installation of underground
and/or aboveground barriers along any affected property lines and/or
to install underground and/or aboveground barriers to prevent spread
of such invasive plant species or their roots into the afore-described
twenty-foot buffer area and/or any other and further requirements
as reasonably determined by the Code Enforcement Officer as necessary
to prevent future encroachment of such invasive plant species onto
neighboring properties.
B.Â
If a property owner fails to comply with a notice of the Code Enforcement
Official issued in accordance with this chapter within the thirty-day
period set forth above, or any reasonable extension granted in the
sole discretion of the Code Enforcement Official in writing, such
property owner shall be in violation of this chapter.
Any person determined by any court of competent jurisdiction
to have violated this chapter shall be subject to pay a fine of not
less than $100 nor more than $2,000 for each offense and up to 90
days in jail. Each day that the violation exists after the date for
remediation as set forth in the notice shall constitute a separate
offense for which an additional fine may be levied.
