No owner, tenant or occupant of a property, or person, corporation
or other entity, shall plant, install or cause or permit the planting
or installation of plant species commonly known as "bamboo - running
or clumping," including, but not limited to, the following plant genera:
Arundinaria, Bambusa, Chimonobambusa, Dendrocalamus, Fargesia, Phyllostachys,
Pleioblastus, Pseudosasa, Sasa, Sasaella and Semiarundinaria, Japanese
knotweed (Polygonum cuspidatum), running (monopodial) bamboo, clumping
(sympodial) bamboo, multiflora rose, Kudzu vine and poison ivy and
oak; and, upon any property located within the Borough of Berlin.
In the event any species commonly known as "bamboo - running
or clumping" or invasive plant species and bamboo grasses are located
upon any property within the Borough of Berlin, prior to the effective
date of this prohibition, the owner or occupant of said property shall
confine such species to prevent the encroachment, spread, invasion
or intrusion of same onto any other private or public property or
public right-of-way by way of a rhizome (underground system) barrier,
which shall: 1) be constructed of concrete, metal or plastic, such
as high-density polypropylene, 40 mil or heavier, glued or taped at
junctions, or clamped with stainless-steel clamps; 2) be at least
three feet deep and project at least one inch above ground level;
and 3) be slanted outward at the top so that when the stems hit the
barrier, they will bend upwards. Rhizomes that arch or grow over the
top of the barrier shall be cut off to prevent the spreading thereof.
Said confinement shall be by a barrier, constructed following specifications
approved by the Property Maintenance Officer of the Borough of Berlin,
and as may be amended from time to time, and inspected and permitted
by the office of the Property Maintenance Officer. Failure to properly
confine such bamboo shall require removal. Instead of the duty to
contain, the property owner or occupant may elect to remove the bamboo
or invasive plant species from the property.
Any bamboo or invasive plant species - running or clumping,
either planted or caused to be planted or existing on the effective
date of this regulation, may not be replanted or replaced once such
bamboo or invasive plant species is or has become dead, destroyed,
uprooted or otherwise removed.