[HISTORY: Adopted by the Board of Supervisors
of the Township of Whitpain 4-10-1972 by Ord. No. 83. Amendments noted where
applicable.]
[Amended 8-16-2022 by Ord. No. 399; 10-18-2022 by Ord. No. 404]
A.
General regulation. It shall constitute a public nuisance for any person, firm or corporation, being the owner or occupant of premises situate in Whitpain Township, to permit the growth or accumulation of Canada thistle, chicory, succory, blue daisies, weeds, grasses or other noxious or objectionable vegetation on said premises in excess of 12 inches in height. Notwithstanding the foregoing prohibition, the following areas shall be exempt from such cutting or trimming requirements, except that Canada thistle, chicory, succory, blue daisies, weeds or other noxious or objectionable vegetation shall be so controlled in such areas: land actively cultivated for crop production, land actively utilized as pasture or meadows, natural landscape (as defined by § 155-6 of this chapter), and non-noxious grasses planted for some useful or ornamental purpose.
(1)
BAMBOO
BAMBOO OWNER
(a)
(b)
(c)
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any monopodial (running) bamboo of the tribe "bambuseae,"
including, but not limited to, the genus Phyllostachys, and Pseudosasa
as well as the common bamboo, golden bamboo, and arrow bamboo. Bamboo
shall also be considered to include native bamboo (arundinaria gigantea).
Any property owner or resident who has planted and/or grows
bamboo, or maintains bamboo on their property, or permits bamboo to
grow or remain on the property even if the bamboo has spread from
an adjoining property. Any owner of or resident at property on which
bamboo is found will be considered a bamboo owner, except any property
owner or resident who:
Did not plant or grow or cause bamboo to be planted or grown
on their property; and
Has provided satisfactory proof to the Township that, within
a reasonable amount of time after discovering the encroachment of
bamboo onto the property from an adjoining neighbor, they advised
the owner of such property of their objection to the encroachment
of bamboo; and
Has initiated steps for the removal of the bamboo from their
property.
(2)
Prohibited acts. It is hereby unlawful for any person, firm or corporation,
being an owner of any improved or unimproved lot, to permit bamboo
to be planted or grown on the lot, or to spread to an adjoining lot,
it being the intent to prohibit bamboo within the Township, except
as provided herein. Bamboo found growing on a property shall constitute
presumptive evidence that bamboo was planted and/or grown by and/or
with the consent of the bamboo owner. Bamboo is hereby considered
a noxious or objectionable vegetation unless grown under the conditions
of this Subsection B.
(3)
Regulation of bamboo. The following special regulations pertain to
the planting and maintenance of bamboo.
(a)
Any bamboo that has been planted or otherwise permitted to grow
on a lot within the Township prior to the effective date of this section
may remain on such property subject to compliance with this section.
[1]
Bamboo shall not be planted, maintained, or otherwise permitted
to exist within 40 feet of the edge of the pavement or traveled portion
of a public road in the Township, within 40 feet of the property line
of any Township/public property, within 40 feet of any roadway, cartway,
street, storm sewer, sanitary sewer and/or public water facilities
within the Township, or within 25 feet of the property line of an
adjoining or neighboring property; and
[2]
The root system of such bamboo plants is entirely contained
within an above-ground-level planter, barrel or other vessel of such
design, material, and location as to entirely prevent the spread of
growth of the bamboo plants' root system beyond the container
in which it is planted. When growing in a container, as described
herein, all bamboo plants shall be located, trimmed and maintained
so that no part of the plant shall be closer than 40 feet of the edge
of the pavement or traveled portion of a public road in the Township,
40 feet of the property line of any Township/public property, 40 feet
of any roadway, cartway, street, storm sewer, sanitary sewer and/or
public water facilities within the Township, or 25 feet of the property
line of an adjoining or neighboring property.
[3]
All other bamboo not in compliance with Subsection B(3)(a)[1]
and [2] must be removed in accordance with the provisions of this
chapter. Each bamboo owner shall be required to take such measures
as are reasonably expected to prevent such bamboo from invading the
setbacks set forth above. Such measures shall include but are not
limited to, installation of sheathing comprised of metal or other
material impenetrable by bamboo at a sufficient depth within the property
line or lines where the running bamboo is planted or is growing to
prevent such growth or encroachment prohibited herein. A bamboo owner
shall further be responsible to ensure that any bamboo planted and/or
growing on the property of the bamboo owner prior to the effective
date of this chapter is maintained such that it does not encroach
or grow upon any adjoining or neighboring property or properties,
including all public property and public rights-of-way. If the Township
determines that any such bamboo, or part thereof, has been allowed
to encroach, grow upon, extend roots across, and/or extend branches,
stalks and/or leaves over any public right-of-way and/or any private
property not owned by and/or in the possession of the bamboo owner,
the bamboo owner shall be required to comply with the provisions of
Subsection B(3)(a)[1] and [2] above.
(b)
Removal.
[1]
In the event that bamboo growing on a bamboo owner's property
invades or grows on adjoining or neighboring property that is owned
or held on behalf of the Township, the Township will notify the bamboo
owner in writing that the bamboo has invaded the Township property
and that the bamboo owner is responsible for the removal of such running
bamboo from the Township property. This notice shall be sent via certified
mail, return receipt requested and by regular mail to the latest address
of the bamboo owner on file with the Township and a copy of the notice
shall also be posted at the bamboo owner's property.
[2]
In the event that the bamboo owner does not remove or contract
for the removal of the bamboo from the Township property, or does
not make an arrangement agreeable to the Township for removal of such
bamboo within 60 days from the date the Township first provided notice
pursuant to the above, the Township, at its discretion, may remove
or arrange for the removal of such bamboo from the Township property.
The bamboo owner shall be liable and responsible to the Township for
the cost incurred for removal of the bamboo from the Township property.
Such costs may be assessed against the property of the bamboo owner.
[4]
This subsection shall not be deemed to alter or abrogate any
rights at common law, or otherwise, that any persons, property owners,
tenants, and/or other individuals, entities, and/or corporations may
have to recover the cost of removal of any bamboo found on their own
property that has encroached from a neighboring property.
(c)
Replanting prohibited. Any bamboo either planted or caused to
be planted or existing on a property prior to the effective date of
this section may not be replanted or replaced once such running bamboo
is or has become, for any reason, dead, destroyed, uprooted, or otherwise
removed.
Whenever the Supervisors of Whitpain Township
shall, in their discretion, consider the uncontrolled growth or accumulation
of weeds, tall grasses or other obnoxious or objectionable vegetation
on any premises as aforesaid to be prejudicial to the public health
or to create a fire hazard, they may declare the same to be a public
nuisance.
Whenever the Supervisors of Whitpain Township
have declared the growth or accumulation of weeds, tall grasses, obnoxious
or objectionable vegetation to constitute a public nuisance, they
shall notify the owner or occupant of said premises to abate said
nuisance within 10 days from the service of said notice. The service
of such notice shall be made upon the owner or occupant of said premises
either by certified mail or by delivering the same to such owner or
occupant personally or by delivering such notice to and leaving it
with any adult person in charge of said premises, or in case no such
person is found upon said premises, by posting such notice upon said
premises.
A.
If the owner or occupant of premises as aforesaid
whereon said public nuisance exists fails, neglects or refuses to
comply with the order of the Supervisors of Whitpain Township for
the abatement or removal thereof within 10 days of the giving of such
notice, the Supervisors or their agents or employees may enter upon
the premises to which such order relates and abate or remove such
nuisance.
B.
The expense incident to such abatement or removal
or cutting of weeds or tall grasses shall be paid by the owner or
occupant of such premises, and such expense as may be incurred by
the township may be billed to such owner or occupant by the Supervisors,
and in default of payment of such bill, a lien upon the lands on which
the nuisance was maintained may be filed by said Supervisors in the
name of Whitpain Township in the Court of Common Pleas of Montgomery
County, Pennsylvania, within six months from the date of completion
of the work of abatement or removal, subject to the same proceedings
for entry and revival of judgment and execution as are provided by
law for other municipal liens.
C.
The Supervisors may also collect the cost of such
abatement or removal by summary proceedings before a District Justice,
which amount, when recovered, either by enforcement of the lien or
by summary proceedings, shall be paid to the Township Treasurer, to
be held and used for township purposes, but a final recovery of the
amount in one proceeding shall be a bar to the institution of or further
continuance of the other proceeding.
[Amended 5-19-1986 by Ord. No. 165; 1-2-1989 by Ord. No. 184; 8-16-2022 by Ord. No. 399]
Any person, firm or corporation failing to abate
such nuisance in accordance with the requirements of any notice which
may hereafter be given under the provisions of this article shall,
in addition to being liable for the costs of removal and abatement,
forfeit and pay a fine in the amount of not more than $600, together
with costs for each such offense, to Whitpain Township, the same to
be collected by summary proceedings before a District Justice or recovered
the same as debts of like amount are now by law recoverable, and in
default of the payment of such fine and costs, shall undergo an imprisonment
of not more than 30 days in the Montgomery County Prison.
[Added 8-16-2022 by Ord. No. 399]
As used in this article, the following terms shall have the
meanings indicated:
The Department of Code Enforcement.
A meadow or other landscaping that includes herbaceous material as follows: a mixture of native grasses, native plants, and wildflowers that maintains a general overall height ranging from three to 12 inches and provides food, water, and cover for wildlife species, especially birds. Only native species, as listed in Appendix A of Chapter 53 of this Code, shall be used in natural landscapes.
A.
Permit required. A natural landscape permit must be obtained from the Department by a property owner that desires to create a meadow or natural landscape, as exempt under § 155-1 of this chapter. For purposes of this article, all references and provisions applicable to natural landscape shall apply equally to meadows.
B.
Location on property. On a residential property or commercial or
industrial property less than three acres, a meadow or natural landscape
may only be in the rear or side yard. Where a residential property
or commercial or industrial property less than three acres is located
on a corner lot, a meadow or natural landscape may be located in a
front yard facing the street upon which the primary entrance to the
property is not located, provided a mow strip of turf at least 10
feet wide shall be maintained at four to six inches along the right-of-way
line. On a commercial or industrial property greater than three acres,
a meadow or natural landscape may be located in a front yard, provided
a mow strip of turf at least 20 feet wide shall be maintained at four
to six inches around each side of the meadow.
The following information shall be provided with an application
for a natural landscape permit:
A.
The name and address of the applicant;
B.
Proof of approval from a homeowners' association, if applicable;
C.
A plan showing lot lines, public rights-of-way, buildings, and the
location of the proposed natural landscape;
D.
A general description of the vegetation and plant types to be used
in the proposed natural landscape, including the Latin and common
names of all species; and
E.
A specific management and maintenance plan for the natural landscape
that includes the following information:
(1)
A planting diagram showing the location and mature height of all
species of vegetation, arranged so as not to block the clear sight
triangle or movement of the travelling public on any right-of-way;
(2)
Detailed information on the upkeep of each species;
(3)
Detailed information on mowing and edging of the area;
(4)
Detailed information regarding bird feeders, if applicable;
(5)
The estimated transitional period, if applicable; and
(6)
The plan for elimination of any nonnative vegetation.
A.
Permit issuance. The Department shall review the application and
issue the natural landscape permit, unless:
(1)
The application is incomplete;
(2)
The management and maintenance plan is incomplete or inconsistent
with the requirements of this article;
(3)
The plan proposes use of nonnative grasses or plants, as listed in Appendix A of Chapter 53 of this Code; or
(4)
The transitional period for the area to be landscaped is longer than
three growing seasons.
B.
Fees. Permit fees, as set by the Board of Supervisors, shall be assessed
prior to issuance and be based on the size of the natural landscape
area proposed.
C.
Expiration. A natural landscape permit shall be valid for three years
from the date of approval. After that time, a new natural landscape
permit must be obtained from the Township.
D.
Sign. The permit holder must obtain a sign indicating the presence
of a meadow on the property from the Township, at permit holder's
cost, and install said sign along the right-of-way line in close proximity
to the location of the meadow or at another appropriate location along
the right-of-way line.
E.
Inspection.
(1)
A natural landscape will be inspected by the Township to confirm
that the maintenance plan is being followed and to report the need
for maintenance adjustments or remediation (e.g., invasive species
control) on the following schedule during the first two years:
(2)
The Department may regularly inspect any property holding a natural
landscape permit.
A.
Basis for revocation. A natural landscape permit may be revoked by
the Department for any of the following reasons:
(1)
Weeds are not removed;
(2)
The vegetation is not being maintained at a height not exceeding
12 inches in areas located within 10 feet of a public street, sidewalk,
trail, or alley;
(3)
The vegetation is not being maintained at a height not exceeding
approximately 12 inches in areas located within 10 feet of the property
boundary where vegetation heights shall be four to six inches, unless
the adjacent property owner has consented in writing and shared that
notification with the Township;
(4)
The vegetation is blocking the clear sight triangle or movement of
the traveling public on any right-of-way;
(5)
The property owner fails to maintain the natural landscape area in
a manner consistent with the management and maintenance plan that
was submitted with the permit application;
(6)
Health or public safety concerns, including, but not limited to,
a fire hazard;
(7)
Substantial and unreasonable interference with the use and enjoyment
of neighboring property; or
(8)
Obstruction of a public right-of-way.
B.
Revocation procedure. Revocation shall be provided by notice by first-class
mail stating that the property must be in compliance within 30 days.
Should that period pass without action by the permit holder, the Department
shall:
