[Added 8-8-2023 by Ord. No. 4417-23]
As used in this article, the following terms shall have the
meanings indicated:
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.
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.
The Township of Franklin, Somerset County, New Jersey.
Subject to certain exemptions set forth in this article, no
persons, residents, citizens, property owners and/or tenants of the
Township shall plant, cultivate, or cause to grow any bamboo on any
lot and/or parcel of ground within the geographic boundaries of the
Township of Franklin, except for:
A.
Where the root system of such bamboo plants is entirely contained
within an above-ground level planter, barrel, or other above-ground
vessel of such design, material and location as to entirely prevent
the spread of growth of the bamboo plants' root system beyond
the container in which it is planted; and
B.
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.
This article shall not apply to any landowner or possessor who,
prior to the effective date of this article, has planted or caused
to grow bamboo on any property within the Township limits unless the
Zoning Officer, or his or her designee, 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. In the event bamboo is located upon
any property within the Township of Franklin, the owner and occupant
of said property shall jointly and severally be required to confine
such species to prevent encroachment, spread, invasion or intrusion
of same onto any other private or public property or public right-of-way.
In lieu of confining the species, the property owner or occupant may
elect to totally remove the bamboo from the property. Failure to properly
confine such bamboo shall require removal as set forth below. The
cost of said removal shall be at the bamboo property occupant and
owner's expense.
Whenever a complaint is received by the Township regarding the
encroachment of any bamboo plant or root, or whenever the Township,
on its own observations and inspections, determines that there is
an encroachment of bamboo plants or roots on the property of another
landowner or tenant in possession of the property, or both, the Township
shall cause notice to be served and the following actions to occur:
A.
The notice shall be mailed by certified mail, return receipt requested,
properly addressed and with sufficient postage, and also by first
class mail. Notice by certified mail shall be deemed complete on the
date of personal delivery or the date the certified mail is marked
refused or unclaimed or otherwise undeliverable by the United States
Post Office. First class mail shall be deemed delivered within five
calendar days of its being mailed by the Township.
B.
The notice shall specify the nature of the violation(s).
C.
The notice shall state that the violation(s) must be corrected within
45 calendar days from the date of the received or returned mailing.
D.
The notice shall state specifically what must be done by the responsible
party to correct the violation(s).
A.
Any person, partnership, limited-liability company, corporation or
other entity determined by any court of competent jurisdiction to
have violated this article shall be subject to pay a fine of not less
than $100 per day for each day the violation exists after the date
for removal as set forth in the notice which was sent to the violator
and received by the violator as defined above. Each day a continuing
violation shall constitute a separate offense for which an additional
fine can be levied. The per-day fine will be in addition to a penalty
for failure to comply with this article. This fine can be up to the
maximum penalty set by the State of New Jersey.
B.
If the violation is not remedied within the time set forth in the
aforesaid notice, the Township is hereby authorized 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,
including sidewalks, and to restore such land to its normal condition
prior to such removal and eradication.
C.
The cost of the corrective action together with any civil penalties,
legal fees and other costs shall be recoverable from the responsible
party.
