The purpose of this article is to protect and promote the public health through the control of the growth of bamboo.
[Adopted 11-25-2025 by Ord. No. 25-2118]
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.
The Borough of Highland Park, Middlesex County, New Jersey.
Shall include any persons, residents, citizens, property owners, corporation, or other entity and/or tenants who owns, rents or leases the property.
No persons, residents, citizens, property owners and/or tenants of the Borough shall plant, cultivate, or cause to grow any bamboo on any lot and/or parcel of ground within the geographic boundaries of the Borough.
A.
Any bamboo already in existence on any property within the Borough shall conform to the following provisions:
(1)
The root system of such bamboo shall be entirely contained within an above-ground planter, barrel, or other aboveground vessel of such design, material and location as to entirely prevent the spread or growth of the plants' root system beyond the container in which it is planted;
(2)
Existing in-ground bamboo shall not encroach on any public way or any private property not owned by or in the possession of such landowner or occupant of said land; and
(3)
Any existing bamboo may not be replanted or replaced after any such existing bamboo has died or been removed.
B.
The owner and occupant of any property where bamboo is located 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.
C.
In lieu of confining the species, the property owner or occupant may elect to totally remove the bamboo from the property.
D.
If the Health Department, Zoning Officer, or their designee, determines that a property owner or tenant has failed to properly confine bamboo to their property, the Health Department, Zoning Officer, or their designee, shall issue a complaint notice in accordance with § 303-40.
(1)
A failure to confine includes, but is not limited to, a determination by the Health Department, Zoning Officer, or their designee, that 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 landowner or occupant of said land.
Whenever a complaint is received by the Borough regarding the encroachment of any bamboo plant or root, or whenever the Borough, on its own observations and inspections, determines that there is an encroachment of bamboo plants or roots on the property of another landowner or occupant in possession of the property, or both, or any bamboo planting is found to lack appropriate physical barriers to prevent its spread or growth, or is found to have spread beyond the boundaries of a property, the Borough 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 Borough.
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 of 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.
B.
If the landowner or occupant of the property fails to correct a notice of violation pursuant to § 303-40, the Borough may, but is not obligated to, thereafter:
(1)
Borough personnel authorized by the Health Department and/or Zoning Officer may enter the property and are 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.
(2)
The cost of the corrective action together with any civil penalties, legal fees and other costs shall be recoverable from the responsible party.
(3)
The Borough may also place a municipal lien against the property for all costs incurred by the Borough in bringing the property into compliance. The amount of the lien shall be authorized by resolution adopted by the Borough Council, and shall be added to and become a part of the taxes next to be assessed and levied upon the property, shall bear interest at the same rate as taxes, and shall be collected and enforced by the same officer and in the same manner as taxes.
C.
Any person violating the provisions of this article shall, upon conviction, be punishable by a fine of not more than $1,000 per violation and/or community service as determined by any court of competent jurisdiction.
D.
The provisions of this article shall be overseen and enforced by the Health Department and/or the Zoning Officer or their designees.