[HISTORY: Adopted by the Council of the Borough of Fair Lawn 10-26-2021 by Ord. No.
2588-2021. Amendments noted where applicable.]
The purpose of this chapter is to preserve and protect private
and public property from the damaging spread of running bamboo grasses
and to protect indigenous plants and the wildlife they support from
the invasive spread of such bamboo from any neighboring property line.
As used in this chapter, the following terms shall have the
meanings indicated:
The Borough of Fair Lawn, Bergen County, New Jersey.
A distance of at least 10 feet from any lane, street or road,
whether public or private, or from any neighboring property.
Any written notice by, from or on behalf of the Borough 1)
notifying the running bamboo property owner(s) that they are in violation
of this chapter and 2) directing them to cure or fix the violation
within 60 days. 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 or personally served on the property
owner or tenant. A copy of the notice may also be posted on the property
in question.
Receipt of the notice shall be the date of mailing the notice,
or, if applicable, the date of personally serving or 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.
Any property owner(s) or tenant(s) who has running bamboo
on their property, even if the bamboo has spread onto their property
from an adjoining property.
A.
The planting of running bamboo is prohibited in the Borough.
B.
Any existing running bamboo may not be replanted or replaced after
having died or been removed.
C.
Any person who plants or replants running bamboo within the Borough
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:
(1)
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 bamboo plants' root system beyond the container
in which it is planted; or
(2)
The root system is contained within a barrier constructed in accordance
with the following specifications:
(a)
The barrier itself shall be composed of a high-density polypropylene
or polyethylene, with a minimum thickness of 40 mm;
(b)
Each portion of the barrier shall be joined together by the
use of stainless steel strips or clamps;
(c)
The barrier shall be a minimum of 30 inches deep, with two inches
to three inches of the barrier protruding above ground level around
the entire perimeter of the bamboo;
(d)
When installed, the barrier shall slant outward from the bottom
to the top.
(3)
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 10 feet from any property line.
A.
Any running bamboo already in existence on any property within the
Borough as of the effective date of this chapter may remain on such
property, provided, however, that the running bamboo shall not be
permitted to exist within any buffer zone.
B.
Running bamboo 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 the rhizomes 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 10 feet from the
property line at a sufficient depth to prevent any growth of running
bamboo within any buffer zone. Under no circumstances shall poisons
or chemicals be used to kill, control or remove the rhizomes.
C.
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.
This chapter shall be enforceable by the Code Enforcement Officer
or Health Officer and shall apply to all properties and premises within
the Borough.
A.
Whenever running bamboo is found planted in the ground or otherwise
on any property or premises in the Borough in violation of this chapter,
a notice shall be given to the running bamboo property owner to abate
the violation within 60 days.
B.
The cost of the abatement shall be borne by the running bamboo property
owner.
C.
If the running bamboo property owner fails to comply with the notice
within the sixty-day period, the Code Enforcement Officer or Health
Officer may remove or otherwise control the invasive plant species
and the Borough may thereafter recover the cost of such removal from
the running bamboo property owner and place a lien on the property
to recover the cost of the removal.
D.
Any person violating any of the provisions of this chapter who fails
to abate the violation after notice shall be subject to the following
penalties:
