[HISTORY: Adopted by the Township Council of the Township
of Willingboro 3-2-2021 by Ord. No. 2021-2. Amendments noted where
applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
All native and nonnative variations of the plant commonly
known as "bamboo." To that extent, there shall be no distinction between
various types of bamboo or named types of bamboo.
Any property owner(s) or tenant(s) or person or entity in
control of property or his or her agent who, or which, have bamboo
on their property, even if the bamboo has spread onto their property
from an adjoining property.
A distance of at least 10 feet from any property line, lane,
street, avenue, or road, whether public or private, from any neighboring
property, whichever is more restrictive to the bamboo property owner(s).
Any written notice of violation by, from or on behalf of
the Township of Willingboro notifying the bamboo property owner(s)
that they are in violation of this chapter and directing them to cure
or fix the violation. Such notice shall be sent by certified mail,
return receipt requested, and regular mail addressed to the owner(s)
listed on the current tax address on file in the Township or landlord/tenant
registration statement or mercantile license on file in the Township.
A copy shall also be posted on the property in question.
Receipt of the notice required herein shall be the date of
mailing said notice or, if applicable, posting of the notice on the
property in question, whichever is earlier.
A.
As of the adoption of this chapter, planting of any bamboo is prohibited
in the Township of Willingboro.
B.
Any existing bamboo may not be replaced or replanted after any such
existing bamboo has died or been removed.
C.
Any person who plants or replants bamboo within the Township of Willingboro
after the effective date of this chapter shall be in violation of
this chapter and shall be subject to the penalties set forth herein.
D.
All existing bamboo, existing prior to the enactment of this chapter,
shall be trimmed and maintained so that no part of the plant or plants
shall be closer than 10 feet from the property line.
Any bamboo already in existence on any property within the Township's
limits as of the effective date of this chapter may remain on such
property, subject to the following regulations:
A.
Bamboo shall not be permitted to exist within any buffer zone, as
defined by this chapter, or to spread to adjoining properties.
B.
The bamboo property owners(s), and/or tenant, person or entity in
control or his or her agent, shall take all necessary measures to
ensure that any bamboo on the property does not exist within any buffer
zone. Such measures shall include but not be limited to cutting down
the bamboo existing in the buffer zone and physically removing or
poisoning the rhizomes or spraying any regrowth for several years
or until the bamboo is dead, and, if bamboo is permitted to remain
outside of the buffer zone, installing sheathing comprised of metal
and other impenetrable material and placed no less than 10 feet from
the property line at a sufficient depth to prevent any growth of bamboo
within any buffer zone.
C.
In addition to the buffer zone, and any adjoining properties, as
stated by this chapter, bamboo shall not be allowed in municipal rights-of-way,
conservation easements or municipal property no matter what distance
from the property line.
D.
This chapter shall not be deemed to alter any rights at common law
or otherwise that any property owner(s) may have to recover the cost
of removal of bamboo on their own property from another property owner
from whose property the bamboo has spread.
If bamboo on any property grows in or into any buffer zone or
any adjoining property, the Township shall give notice to the bamboo
property owner(s), and/or tenants or person or entity in control or
their agents, as required by this chapter, that the said property
owner(s), and/or tenants or person or entity in control or their agents,
are responsible for the extermination or removal of such bamboo from
the buffer zone, and/or with the consent of the adjoining property
owner, removal, remediation and restoration of the adjoining property
to its natural state prior to the growth of bamboo.
All places and premises in the Township of Willingboro shall
be subject to inspection by the Township Code Enforcement Officer
or DPW Supervisor designated in compliance with this chapter.
The Township Code Enforcement Officer or DPW Supervisor, in
writing, as defined in this chapter, shall deliver to the owner(s),
and/or tenant or person or entity in control of the subject property
or the agent of the owner(s) and/or tenant or person in control or
entity, advising him/her or the entity of the particular violation.
The owner(s), and/or tenant, person or entity, shall have 30 days
from the date of receipt of said notice to commence extermination
or removal and remediation of all bamboo which is in violation of
this chapter, as noted in the notice of violation, with completion
of all the aforesaid actions and restoration of the property to its
prior natural status without the bamboo at their sole cost and expense
within 90 days of commencement. Said notice shall serve as a continuing
notice for the remainder of the calendar year, and the Township may,
without further notice, take action in accordance with this chapter.
Any party who needs to take action as a result of § 100-6 but is able to demonstrate that they, after a good-faith effort to complete all of the aforesaid actions within 90 days, are unable to do so, said party may file a notice of appeal within 10 days following the ninety-day period of completion to the Township Manager to seek a temporary extension of time to complete all extermination, removal, remediation and/or restoration as required by the notice of violation. Such an extension shall only be granted after proof of good-faith efforts to complete all of the aforesaid actions within 90 days without success. Should the Township Manager deny the appeal, a final appeal may be made to the Mayor and Council within 10 days of the Township Manager's denial. During all such appeals, actions of enforcement of this chapter shall be stayed until the appeal process is completed. A grant of an extension of time shall provide a limited time for completion and not an exemption from completion.
Upon failure, neglect or refusal of any owner(s) and/or tenant
or person or entity in control or his/her or its agent to remediate
existence of bamboo located on the property of the owner(s), and/or
tenants or person or entity in control or their agents, in violation
of this chapter, or on adjoining property owners' property, upon
consent to remediate, and to restore the adjoining property owners'
property in order to correct the conditions in violation of this chapter
within the time period prescribed above, then the Township is authorized
to take all actions prescribed by this chapter against the violating
owner(s) and/or tenants or person or entity in control or their agents.
All remediation shall also include proper restoration of the subject
property to its natural state without bamboo.
A.
Whenever bamboo, as defined by this chapter, is found planted in the ground or any plot of land, lot or any other premises or place in violation of this chapter, a notice of violation shall be issued, pursuant to § 100-6.
B.
The cost of abatement and restoration shall be borne by the bamboo
property owner(s), and or tenant, person or entity in control, or
their agent.
C.
If the bamboo property owner(s), and/or tenant or person or entity
in control, fails to comply with such notice of violation, subject
to any period of appeal, the Township Code Enforcement Officer or
DPW Supervisor under all circumstances may issue a summons and seek
the fines provided by the Municipal Court of the Township of Willingboro
or designated court to the extent stated below.
D.
Any owner(s), and/or tenants or person or entity in control or their
agents, violating any of the provisions of this chapter and who fail
to abate, remediate and restore said property in violation after proper
notice shall be subject to the following penalties:
(1)
For a first offense, a fine not to exceed the statutory limitations
of fines in Municipal Court or $2,000, whichever is greater, plus
costs of prosecution for each day in which the violation has occurred
for which the property owner or party in control has been found guilty.
(2)
For a second or greater offense, a maximum fine allowed by state
statute, a term of imprisonment not exceeding 90 days or a period
of community service not exceeding 90 days or any combination thereof.
In addition, the Township, through the Code Enforcement Department,
may remove, remediate and restore the property or otherwise control
the bamboo species, and the Township may thereafter recover the cost
of such removal, remediation and restoration from the bamboo property
owner(s), and/or tenants or person or entity in control or their agents,
and place a lien on the property to cover the cost of the removal,
remediation and restoration.
(3)
The remedy of removal of the bamboo and remediation and restoration
of the subject property by the Township shall exist at all times,
including a first violation where such bamboo is located in a municipal
right-of-way, municipal easement or a municipal property, along with
the right to place a lien on the property to recover the cost of removal.
(4)
Each day in which a violation occurs shall constitute a separate
offense under this chapter.
The regulation of bamboo standards and regulations shall be
in addition to the provisions of any other applicable ordinance, law,
rule or regulation. Nothing in this chapter shall be construed to
impair or prevent enforcement of any other ordinance, law, rule or
regulation.
The remedies set forth in § 100-9 shall not be exclusive, and the Township shall at all times have the option to bring a legal action in the Superior Court of New Jersey or other appropriate court to seek injunctive relief or other equitable remedies, damages and costs of remediation, removal and restoration and/or other legal action to the extent permitted by law, and seek against the violating party the costs of said action, including reasonable attorney fees.
In the event any provision of this chapter is stricken by a
court for any reason, the remaining provisions of the chapter shall
remain valid and in full force and effect notwithstanding the stricken
provision.
