[HISTORY: Adopted by the Mayor and Council of the Borough
of Somerville 7-19-2021 by Ord. No. 2643. Amendments noted where
applicable.]
This chapter is adopted to control the planting, cultivating
or growing of bamboo in the Borough of Somerville; and to require
barriers to prevent the spread of existing bamboo into other areas
of the Borough.
As used in this chapter, the following terms shall have the
meanings indicated:
Any monopodial 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.
The Borough of Somerville, Somerset County, New Jersey.
A distance of at least 10 feet from any property line or
right-of-way, whether public or private, or from any neighboring property,
whichever is more restrictive for the landowner or possessor.
Subject to certain exemptions set forth in this chapter, no
persons or other property owners or others in possession or control
of real property tenants shall plant, cultivate or cause to grow bamboo
on any lot or parcel of land within the Borough of Somerville, 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; 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 high-density material, such as
polypropylene or polyethylene, with a minimum thickness of 80 mil;
(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 28 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 the
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 within the buffer zone.
This chapter shall not apply to any landowner or possessor 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 Officer 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 not owned
by or in the possession of such land owner, tenant, or any possessor
of said land.
Whenever a complaint is received by the Borough regarding the
encroachment of any bamboo plant or root, or whenever the Borough
determines that there is an encroachment of bamboo plants or roots
on to the property of another, the Borough, through its delegated
official, shall forward a notice of violation to the alleged offending
person, property owner, or other in possession of such property (hereinafter
the “violator”), which notice shall be substantially as
follows:
A.
The notice
of violation shall be issued.
B.
The notice
shall specify the nature of the violation.
C.
The notice
shall state that the violation must be cured within 60 days from the
date of the received or returned mailing.
D.
The notice
shall state specifically what must be done by the violator to correct
the violation.
All ordinances of the Borough of Somerville which are inconsistent
with the provisions of this chapter are hereby repealed as to the
extent of such inconsistency.
A.
Any violator
that fails to abate the violation shall be fined a fee of $100 per
day.
B.
If the violation
is not remedied within the time set forth in the aforesaid notice,
the Borough is hereby authorized, but not obligated, to remove or
have removed any encroaching bamboo and to take all reasonable steps
to eradicate the regrowth of the bamboo on the public rights-of-way.
C.
The Borough’s
cost of the corrective action together with any civil penalties, legal
fees and other costs shall be recoverable from the violator.
If any section, subsection, clause or phrase of this chapter
is for any reason held to be unconstitutional or invalid by any Court
of competent jurisdiction, such decision shall not affect the remaining
portion of this chapter.
This chapter shall take effect immediately upon final passage,
approval and publication by law.
