[HISTORY: Adopted by the Mayor and Council of the Borough
of Northvale 12-14-2022 by Ord. No. 1059-2022.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance was originally
adopted as Ch. 201, but was redesignated in order to adhere to the
alphabetical sequence of the Code Table of Contents.
The purpose and intent 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 bamboo from any neighboring property line.
As used in this chapter, the following terms shall have the
meanings indicated:
The Borough of Northvale, Bergen County, New Jersey
A distance of at least 10 feet from any lane, street or road,
whether public or private, or from any neighboring property.
Any written notice by, from or on behalf of the Borough of
Northvale i) notifying the running bamboo property owner(s) that they
are in violation of this chapter and ii) directing them to cure or
fix the violation within 60 days. 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 with the Borough
or personally served on the property owner or tenant. A copy of the
notice may also be posted on the property in question.
Receipt of Notice shall be the date of mailing the notice,
or, if applicable, the date of personally serving or posting the notice
on the property in question, whichever is earlier.
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.
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.
A.
The planting of running bamboo is prohibited. The only exception
shall be the planting of bamboo in individual contained planting pots
shall be permitted.
B.
Any preexisting running bamboo shall be permitted to remain subject
to the provisions of this chapter but shall not be relocated, replanted,
or replaced after having died or been removed.
C.
Any person or entity who plants or replants (or who allows for the
planting or replanting) of running bamboo within the Borough of Northvale
after the effective date of this chapter shall be in violation of
this chapter.
A.
Any preexisting running bamboo already in existence prior to the
effective date of this chapter may remain, provided however that the
running bamboo shall not be permitted to exist within any buffer zone.
B.
Running bamboo property owners shall take all necessary measures,
including, but not limited to, cutting, trimming and removal, to ensure
running bamboo does not exist within any buffer zone.
C.
The cutting, trimming, removal, and costs associated therewith of
removing any running bamboo that invades an adjacent property shall
be the responsibility of the property owner whose bamboo has crossed
property lines. If the property owner refuses to remove any running
bamboo that invades an adjacent property shall remain liable for the
costs incurred associated with removal.
D.
This chapter shall not be deemed to alter 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.
This chapter shall be enforceable by the Code Enforcement Official
for the Borough of Northvale and shall be applied to all properties
and premises located within the Borough.
A.
Whenever running bamboo is found planted in violation of this chapter,
a notice shall be provided to the running bamboo property owner to
abate the violation within 60 days.
B.
The cost of abatement shall be borne by the running bamboo property
owner.
C.
If the running bamboo property owner fails to comply with the notice
within the sixty-day period, the Code Enforcement Official may remove
or otherwise control the invasive plant species at the property owner's
expense. The Borough may thereafter recover all costs of removal from
the running bamboo property owner as well as place a lien on the property
for recovery of the cost of removal.
D.
Any person in violation of this chapter who fails to abate the violation
after notice shall be subject to the following penalties:
(1)
A fine of not less than $25 per day nor more than $100 per day, for
each day the violation exists after the sixty-day abatement period
expires.
(2)
Each day on which the violation continues shall constitute a separate
offense under this chapter.
(3)
Fines are in addition to any costs incurred by the Borough.
