[Added 9-12-2023 by Ord.
No. 2023-15]
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 any bamboo plant or subspecies from any neighboring
property line.
[Added 9-12-2023 by Ord.
No. 2023-15]
Shall refer to Borough of Cliffside Park, Bergen County,
New Jersey.
Shall mean a distance of at least 10 feet from any lane,
street or road, whether public or private, or from any neighboring
property.
Shall mean any written notice by, from or 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 reverse
the violation within 10 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. In lieu of mail service, the Borough
may post a copy of the Notice on the property in question.
Shall be the date of mailing the Notice, or, if applicable,
the date of personal serving or posting of the Notice in the property
in question, whichever is earlier.
Shall mean 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.
Shall mean 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.
[Added 9-12-2023 by Ord.
No. 2023-15]
a.
The planting of Running Bamboo is prohibited in the Borough as of
the effective date of this chapter.
b.
Any existing Running Bamboo, unless it meets the property distance
requirements may not be replanted or replaced after having died and
in any event shall be immediately 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 above ground 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 itself shall be joined together by the
use of stainless strips or clamps; and
(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
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 100 feet from any property
line.
[Added 9-12-2023 by Ord.
No. 2023-15]
a.
Any Running Bamboo already in existence on any property within the
Borough as of the effective date of this chapter shall be removed
unless the Plants comply with Buffer Zone or potting requirements
as stated in the State Statute and this chapter.
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 or damaging the Rhizomes and removing any regrowth for several years until the Running bamboo is dead and, if Running Bamboo is present outside the Buffer Zone, the property owner shall install sheathing compromised of as more fully described in § 35-3c2 and install same not less than 100 feet from the property line at a sufficient depth to prevent any growth of Running Bamboo within any Buffer Zone.
c.
This chapter shall not be deemed to altar 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.
[Added 9-12-2023 by Ord.
No. 2023-15]
This chapter shall be enforceable by the Code Enforcement Officer
or Health Officer and shall apply to all properties and premises within
the Borough.
[Added 9-12-2023 by Ord.
No. 2023-15]
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 10 days. This provision shall not apply to any property or premises in the Borough as described in § 35-3c1.
b.
The cost of the abatement shall be borne by the Running Bamboo Property
owner.
c.
If the Running Bamboo Property owner fails to commence with compliance
with the Notice within the 10-day period, the Code Enforcement Officer
or Health Officer may order the removal 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 lien the property
to recover the cost of the removal, upon adoption of a resolution
authorizing the lien.
