[HISTORY: Adopted by the Township Council of the Township of Manchester 8-23-2021 by Ord. No. 21-34. Amendments noted where applicable.]
[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.
A. 
Whenever an invasive plant, as defined by this chapter, is found on any plot of land, lot or any other premises or place, a violation notice may be given to any responsible party; any person, property owner, tenant, agent, property manager, firm, partnership, limited-liability company, corporation or other entity, in writing, to remove or abate the violation within 30 days of receiving written notice from the Township.
[Amended 6-12-2023 by Ord. No. 23-18]
B. 
The cost of abatement shall be borne by the property owner.
C. 
If the responsible party(s) fails to comply with such notice within the time specified therein, the enforcing agency may remove or otherwise control the invasive plant species and the Township may thereafter recover the cost of such removal from the property owner and place a lien on the property to recover the cost of invasive plant removal and/or control actions.
[Amended 6-12-2023 by Ord. No. 23-18]
[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.