[HISTORY: Adopted by the Mayor and Council of the Borough
of Bradley Beach 9-22-2020 by Ord. No. 2020-16. Amendments noted
where applicable.]
The purpose of this chapter is to preserve and protect private
and public property from the damaging spread of bamboo and other invasive
plants and to protect indigenous plants and the wildlife they support
from the spread of invasive plants from any neighboring property line.
As used in this chapter, the following terms shall have the
meanings indicated:
The Borough of Bradley Beach, Monmouth County, New Jersey.
A distance of at least five feet from any lane, street or
road, whether public or private, or from any neighboring property,
whichever is more restrictive for the property owner.
All native and nonnative vines and vegetation, including
ragweed, multiflora rose and kudzu vine, that grow out of place and
are competitive, persistent, and pernicious. These plants may damage
trees, vegetation, or structures.
Any written notice by, from or on behalf of the Borough notifying
the property owner(s) that they are in violation of this chapter and
directing them to cure or fix the violation. Such notice shall be
sent by certified mail, return receipt requested, addressed to the
owner(s) listed on the current tax address on file with the Borough.
A copy may also be posted on the property in question.
All vegetation known as "Reynoutria japonica," "Fallopia
japonica," and/or "Polygonum cuspidatum" (commonly known as "Japanese
knotweed") and "Ailanthus altissima" (commonly known as "Tree of Heaven").
Any property owner(s) or tenant(s) who, or which, have running
bamboo or invasive plants on their property, even if the bamboo or
invasive plant has spread onto their property from an adjoining property.
Receipt of the notice required herein shall be the date of
mailing said notice, or, if applicable, posting of the notice on the
property in question, whichever is earlier.
Any monopodial (running) woody grass from the genera of bamboos,
including, but not limited to, Bambusa, Phyllostachys and Pseudosasa,
as well as common bamboo, golden bamboo and arrow bamboo.
A.
No planting of running bamboo.
(1)
The planting of running bamboo is prohibited within the Borough.
(2)
Any existing running bamboo may not be replanted or replaced after
any such existing running bamboo has died or been removed.
(3)
Any person who plants or replants running bamboo within the Borough
limits after the effective date of this chapter shall be in violation
of this chapter and shall be subject to the penalties set forth herein,
subject to the following exceptions:
(a)
The root system of such running bamboo is entirely contained
within an aboveground planter and located so as to entirely prevent
the spread or growth of the plants' root system beyond the container
in which it is planted; or
(b)
The root system is contained within a barrier constructed in
accordance with the following specifications:
[1]
The barrier itself shall be composed of a high-density polypropylene
or polyethylene, with a minimum thickness of 60 mil (or 1/16 inch);
[2]
Each portion of the barrier shall be joined together by the
use of stainless steel strips or clamps;
[3]
The barrier shall be a minimum of 30 inches deep, with two to
three inches of the barrier protruding above ground level around the
entire perimeter of the bamboo;
[4]
When installed, the barrier shall slant outward from the bottom
to top.
(c)
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 five feet from any property
line.
B.
Regulation of existing running bamboo.
(1)
Any running bamboo already in existence on any property within the
Borough limits as of the effective date of this chapter may remain
on such property, provided that running bamboo shall not be permitted
within any buffer zone.
(2)
Property owner(s) shall take all necessary measures to ensure that
any running bamboo on their property does not exist within any buffer
zone. Such measures shall include, but are not limited to, cutting
down running bamboo existing in the buffer zone and physically removing
or poisoning the rhizomes or spraying any regrowth for several years
until the running bamboo is dead and, if running bamboo is permitted
to remain outside the buffer zone, installing sheathing comprised
of metal or other impenetrable material and placed no less than five
feet from the property line at a sufficient depth to prevent any growth
of running bamboo within any buffer zone.
(3)
This chapter shall not be deemed to alter any rights at common law
or otherwise that any property owner may have to recover the cost
of removal of running bamboo on their own property from another property
owner from whose property the running bamboo has spread.
C.
Removal of running bamboo. If running bamboo on any property grows
in or into any buffer zone, the Borough shall give notice to the property
owner(s), as required by this chapter, that the said property owner(s)
are responsible for the extermination or removal of such running bamboo
from the buffer zone.
D.
Inspection. All premises within the Borough shall be subject to inspection
by the Code Enforcement Officer to determine compliance with this
chapter as provided by law.
E.
Violations and penalties.
(1)
Whenever running bamboo is found planted in the ground on any plot
of land, lot or any other premises or place in contravention of the
provisions of this chapter, a notice shall be given to the property
owner(s) providing 30 days to remove or abate the same.
(2)
The cost of the removal and/or abatement shall be borne by the property
owner(s).
(3)
If the property owner(s) fail(s) to comply with such notice, the
Code Enforcement Officer may remove or otherwise control the running
bamboo, and the Borough may thereafter recover the cost of such removal
from the property owner(s) and place a lien on the property to recover
the cost of the removal according to law.
(4)
Any person violating this chapter who fails to abate the violation
after notice shall be subject to a fine, not to exceed $500, plus
costs, for each day on which a violation has occurred and for which
the property owner has been found guilty. Each day on which the violation
occurs shall be a separate offense under this chapter.
A.
Plantings and prohibitions.
(1)
All new in-ground plantings of invasive plants and prohibited plants
are strictly forbidden within the Borough.
(2)
All existing plantings of invasive plants must be contained by appropriate
physical barriers to prevent the growth or spread of invasive plants
within any buffer zone of any property.
(3)
Prohibited plants are hereby prohibited within the limits of the
Borough, and all such plantings shall be destroyed by the property
owner(s) within 30 days of receiving written notice from the Borough.
B.
Inspection. All premises within the Borough shall be subject to inspection
by the Code Enforcement Officer to determine compliance with this
chapter as provided by law.
C.
Requirements of property owner(s).
(1)
All property owner(s) shall be required to control the growth of
existing plantings of invasive plants.
(2)
The failure of any property owner(s) to control the spread of invasive
plants within any buffer zone of residential or commercial property
is a violation of this chapter.
(3)
The failure of property owner(s) to remove and/or destroy prohibited
plants growing upon residential or commercial property is a violation
of this chapter.
D.
Removal or abatement.
(1)
Whenever invasive plants or prohibited plants are found planted in
the ground on any plot of land, lot or any other premises or place
in contravention of the provisions of this chapter, a notice shall
be given to the property owner(s) providing 30 days to remove or abate
the same.
(2)
The cost of the removal and/or abatement shall be borne by the property
owner(s).
(3)
If the property owner(s) fail(s) to comply with such notice, the
Code Enforcement Officer may remove or otherwise control the invasive
plants and/or prohibited plants, and the Borough may thereafter recover
the cost of such removal from the property owner(s) and place a lien
on the property to recover the cost of the removal according to law.
(4)
Any person violating this chapter who fails to abate the violation
after notice shall be subject to a fine, not to exceed $500, plus
costs, for each day on which a violation has occurred and for which
the property owner has been found guilty. Each day on which the violation
occurs shall be a separate offense under this chapter.
