[HISTORY: Adopted by the Mayor and Council of the Borough of Woodbury Heights 11-25-2014 by Ord. No. 8-2014; amended in its entirety 10-20-2021 by Ord. No. 19-2021. Amendments noted where applicable.]
A. 
Purpose. This chapter is adopted to control the planting, cultivating, and/or growing of bamboo and other invasive plant species in the Borough of Woodbury Heights. It is further intended to require barriers that will prevent the spread of invasive plant species, such as bamboo, into adjacent properties and other areas in the Borough of Woodbury Heights.
B. 
Definitions; invasive plant species definition. All native and nonnative vines, trees, shrubs, herbaceous plants, vegetation, as well as their cultivars that are known or believed to be invasive to natural ecosystems in New Jersey shall be considered invasive as they grow out of place and are competitive, persistent and pernicious. Invasive plant species also includes plant species that may damage trees, vegetation, sidewalks or structures. Specific examples of invasive plant species include, but are not limited to, the following: bamboo, as well as invasive plant species developed by the New Jersey Species Strike Team and the New Jersey Forestry Association. The terms "bamboo" and "invasive plant species" shall include, but not be limited to, the following plant genera (commonly known as "spreading or running type"): Arundinaria, Bambusa, Chimonobambusa, Dendrocalamus, Fargesia, Japanese Knotweed, Phyllostachys, Pleioblastus, Sasa, Sasaella, Semiarundinaria, Ragweed, multiflora rose, kudzu vine and poison oak or ivy.
C. 
Prohibition. No owner, tenant or occupant of a property, or person, corporation or other entity shall plant, install, or cause or permit the planting or installation of any invasive plant species such as bamboo within any lot and/or parcel of ground anywhere within geographic boundaries of the Borough of Woodbury Heights.
D. 
Duty to confine; inspection and approval of Code Enforcement Officer.
(1) 
If there exists any species commonly known as "bamboo-running or clumping," or any other invasive plant species located upon any property within the Borough of Woodbury Heights prior to the effective date of this chapter, there shall be a duty to confine imposed upon the owner or occupant of the property. The duty to confine shall require owners and occupants to prevent the encroachment, spread, invasion or intrusion of bamboo and other invasive plant species onto any other private property, public property, or public right-of-way.
(2) 
All places and premises in the Borough of Woodbury Heights hall be subject to inspection by the Code Enforcement Officer when there is reason to believe that any section of this chapter is being violated.
(3) 
Property owners who seek to confine bamboo or other invasive plant species must do so in accordance with methods approved by the Borough of Woodbury Heights Code Enforcement Officer. The Code Enforcement Officer may permit, inspect and approve methods of confinement and amend the requirements of said confinement from time to time. The Code Enforcement Officer may also permit, inspect and approve proper methods for full removal of bamboo or other invasive plant species.
(4) 
Failure to confine bamboo or other invasive plant species in accordance with the requirements of this chapter enforced by the Code Enforcement Officer shall require immediate removal by the property owner or occupant.
(5) 
An owner or occupant with property containing bamboo or other invasive plant species prior to the adoption of this chapter may fully remove the bamboo or other invasive plant species in lieu of the duty to confine. Such removal must conform with the requirements set forth by the Code Enforcement Officer.
A. 
Bamboo and any other invasive plant species shall be considered properly confined when its root system is entirely contained within an aboveground level planter, barrel, or other vessel of such design, material and location as to completely prevent the root system's growth beyond the container in which it is planted.
B. 
When properly confined as described herein, all bamboo and invasive plant species shall be located, trimmed, and maintained so that no part of the plant shall be closer than 10 feet from any property line.
A. 
Encroachment on public property; rights of Borough. When an encroachment of bamboo or any other invasive plant species occurs upon public property or a public right-of-way, the Borough of Woodbury Heights may remove or contract for the removal of such bamboo or other invasive plant species from public property or right-of-way. The cost of removal shall be the responsibility of the property owner and shall be assessed as a lien against the property on which the growth originated. The cost of removal of the bamboo and any other invasive plant species shall also include the installation of an appropriate barrier to prevent future invasion onto the public property or any right-of-way.
B. 
Encroachment on private property; rights of property owner. Nothing herein shall be interpreted as limiting the rights of a private property owner to seek civil relief through a court of proper jurisdiction, nor the institution of civil proceedings against the proper parties.
A. 
The cost of corrective action, together with any civil penalties, legal fees and other costs shall be recoverable from the responsible party in violation of this chapter.
B. 
Whenever it shall be deemed for the preservation and protection of the public health, safety and welfare, or to eliminate a fire hazard, the Code Enforcement Officer, as well as the Director of the Department of Public Works, or their designees, shall require any owner, tenant, occupant, managing agent, executor, administrator or other similar person to remove or destroy invasive plant species, brush, weeds (including ragweed), dead and dying trees, stumps, roots, obnoxious growth, filth, garbage, trash and debris from any property or within the entire perimeter of the property that extends to the curbline of the roadway abutting the property, within five days after receipt of notice to remove or destroy the same.
C. 
Litter, weeds and natural accumulations. All premises shall be kept reasonably free from the accumulation of refuse, brush, weeds, broken glass, stumps, roots, filth, garbage, trash, litter, debris and, without limitation, accumulations of natural debris such as leaves to the extent that such accumulations exhibit an excessive lack of maintenance and care, or may otherwise expose nearby properties to the effects of such accumulations.
D. 
All such obnoxious growth, debris and natural accumulations delineated in the preceding paragraphs shall be collected and either removed from the premises or accumulated in trash cans, bags or other similar containers for removal by any appropriate sanitation service; the property shall be cleared within the entire perimeter of the property and extend to the curb line or gutter line of the adjoining roadway, as the case may be.