[Amended 6-12-2023 by Ord. No. 23-18]
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.
[Amended 6-12-2023 by Ord. No. 23-18]
As used in this chapter, the below terms shall have the following
meanings:
BUFFER AREA
A distance of at least five feet from any neighboring property
line and/or right-of-ways whichever is more restrictive.
ENFORCING OFFICER(S)
The provision of this chapter shall be enforced by the Township
of Manchester Code Enforcement Officer or his or her designee.
INVASIVE PLANTS
All native and non-native vines and vegetation that grow
out of place and are competitive, persistent and pernicious. These
plants may damage trees, vegetation, or structures. Examples include,
but are not limited to, bamboo (spreading or running type), ragweed,
multiflora rose, kudzu-vine, Reynoutria japonica, Fall opia japonica,
and/or Polygonum cuspidatum (commonly known as "Japanese knotweed"),
Ailanthus altissima (commonly known as "Tree of Heaven") and poison
ivy or oak.
RESPONSIBLE PARTY(S)
Any person, property owner, tenant, agent, property manager,
firm, partnership, limited-liability company, corporation or other
entity 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.
SPREADING or RUNNING BAMBOO
Any monopodial (running) woody grass from the genera of bamboo,
including, but not limited to, Bambusa, Phyllostachys and Pseudosasa,
as well as common bamboo, golden bamboo and arrow bamboo.
[Amended 6-12-2023 by Ord. No. 23-18]
A. All persons
must control the growth of all existing invasive plants such as, but
not limited to, bamboo. Failure to control the spread of such vegetation
beyond the boundaries of any property is in violation of this chapter.
B. The planting
of invasive plants as defined by this chapter is prohibited within
the Township.
(1) Invasive
plants are hereby prohibited within the limits of the Township, and
all such plantings shall be destroyed by the responsible party(s)
within 30 days of receiving written notice from the Township.
(2) Any
existing invasive plants such as, but not limited to, spreading or
running bamboo may not be replanted or replaced after any such existing
invasive plant has died or been removed.
(3) Any
person who plants or replants invasive plants within the Township
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.
C. Regulation
of existing running bamboo.
(1) Any
running bamboo already in existence on any property within the Township
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 area and proper measures are taken to control the spread.
Such measures shall include, but are not limited to, cutting down
spreading or running bamboo existing in the buffer area 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 area, 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 area.
(2) All
existing plantings of spreading or running bamboo must be maintained
at a height of no more than six feet tall from the ground in order
to suppress any undue nuisance to neighboring properties.
(3) In
the event that the height limitation fails to efficiently restrict
bamboo leaf fall and unwanted spread, the property owner shall install
proper netting to prohibit the excess spreading of all debris associated
with the invasive species.
(a) A zoning permit shall be required as necessary to regulate the height, mesh size, and location of such netting and to ensure it is in accordance with the standards set forth in §
245-30; and
(b) Netting shall not exceed seven feet in height from the ground and
shall be of a mesh size no greater than 1/2 of an inch.
D. Required
bamboo barrier.
(1) The
barrier itself shall be composed of a high-density polypropylene or
polyethylene, with a minimum thickness of six mil (or 1/16 of an 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.
All places and premises in the Township of Manchester shall
be subject to inspection by the enforcing officer. Such inspections
shall be performed by such person, persons or agency duly authorized
and appointed by the Township of Manchester. An inspection shall be
made if that official has reason to believe that any section of this
chapter is being violated.
[Amended 6-12-2023 by Ord. No. 23-18]
All responsible parties; any person, property owner, tenant, agent, property manager, firm, partnership, limited-liability company, corporation or other entity who shall violate any provision of this chapter shall, upon conviction thereof, be subject to the maximum fines and penalties established under N.J.S.A. 40:49-5 and 40:69A-29 and in accordance with the standards set forth in §
1-3, Maximum penalty, and as same shall be amended from time to time. Each and every day a violation of this chapter exists shall constitute a separate violation.