[Amended 10-20-1998 by Ord. No. 98-05]
It is the intent of these regulations that property
owners shall not permit vegetation to become overgrown to the point
of becoming unsightly and/or unhealthy. At the same time, plants that
are grown for a useful or ornamental purpose, fields in agricultural
use and areas of significant natural value should not be subject to
excessive, unnecessary or hindering standards of maintenance.
The actions required under §
191-3 of this article shall be applicable in relation to the following types and characteristics of offensive vegetation when such vegetation exists on any property within East Brandywine Township:
A. Plant species contained on the Control List of the
Pennsylvania Noxious Weed Control Act, as amended.
B. Poison ivy, ragweed or other plants that are poisonous
or detrimental to health when located in such a manner that they extend
upon or overhang any street, sidewalk or other public place.
C. Grass, weeds, brush or similar ground-covering vegetation
that exceed a height of 18 inches, except that the following types
of vegetation shall be excluded from the requirements of this article:
(1) Agricultural crops under managed cultivation.
(2) Plant materials grown or placed for ornamental purposes.
(3) Vegetation that is actively managed in a meadow condition
where the terms of such a management program can be documented by
the landowner.
(4) Vegetation deemed by the Township to be serving a
useful natural function, including, but not limited to:
The Board of Supervisors of East Brandywine
Township, or any officer of the Township designated thereby for the
purpose, is hereby authorized to give notice, by personal service
or by U.S. mail, certified, postage prepaid, to the owner of any property
on which offensive vegetation is in violation of any of the provisions
of this article, directing and requiring such owner to remove or trim
such vegetation so as to conform to the requirements of this article
within five days after the issuance of such notice. In the event the
property owner shall neglect, fail or refuse to comply with such notice
within the period of time stated therein, the Township may came such
offensive vegetation to be removed or trimmed and the cost thereof,
with an additional charge of 10% to be collected by the Township from
the property owner in default in the manner provided by law.
Any person who violates the provisions of this
article shall be subject to a summary proceeding pursuant to the Pennsylvania
Rules of Criminal Procedure and upon conviction shall pay a fine not
to exceed $1,000, plus costs, fees and attorney's fees. Each day that
the violation shall continue after notice may be considered a separate
offense.
Nothing herein is intended to modify or supersede
any federal or state law or regulation.
This article shall become effective five days
after enactment by the Board of Supervisors and shall remain in full
force and effect until amended or revoked.