Township of Montclair, NJ Bamboo

As used in this chapter, the following terms shall have the meanings indicated:

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.

CLUMPING BAMBOO

A category of bamboo, scientific name "Fargesia genus" with a root system that forms clumps known as "pachymorph or sympodial rhizomes".

NOTICE

Any written notice by, from or on behalf of the Township, 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 Township. A copy may also be posted on the property in question.

PROPERTY OWNER(S)

Any property owner(s) or tenant(s) who, or which, have running or clumping bamboo on their property, even if the bamboo has spread onto their property from an adjoining property.

RECEIPT OF NOTICE

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.

RUNNING BAMBOO

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.

TOWNSHIP

The Township of Montclair, Essex County, New Jersey.

No planting of running or clumping bamboo.

(1)

The planting of running or clumping bamboo is prohibited within the Township.

(2)

Any existing running or clumping bamboo may not be replanted or replaced after any such existing running or clumping bamboo has died or been removed.

(3)

Any person who plants or replants running or clumping bamboo 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, subject to the following exceptions:

(a)

The root system of such running or clumping 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 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 inches 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.

Regulation of existing running or clumping bamboo.

(1)

Any running or clumping 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 or clumping bamboo and its root system shall not be permitted to spread onto neighboring property.

(2)

Property owner(s) shall take all necessary measures to ensure that any running or clumping bamboo, including the root system on their property, does not spread to neighboring properties. Such measures shall include, but are not limited to, cutting down running or clumping bamboo existing in the buffer zone and physically removing or poisoning the rhizomes or spraying any regrowth for several years until the running or clumping bamboo is dead.

(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 or clumping bamboo on their own property from another property owner from whose property the running or clumping bamboo has spread.

Removal of running or clumping bamboo. If running or clumping bamboo on any property grows or spreads onto neighboring property, the Township shall give notice to the property owner(s), as required by this chapter, that the offending property owner(s) are responsible for the extermination or permanent removal of such running or clumping bamboo from the neighboring property.

Inspection. All premises within the Township shall be subject to inspection by the Code Enforcement Officer to determine compliance with this chapter as provided by law.

Violations and penalties.

(1)

Notwithstanding the provision of § 88-3B, whenever running or clumping 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 or clumping bamboo and the Township 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.