[Adopted 9-12-2011 by Ord. No. 2640]
The purpose of this article is to preserve and protect private
and public property from the damaging spread of certain running bamboo
grasses, protect indigenous plant materials from the invasive spread
of running bamboo, and maintain the general welfare of the residents
of Haverford Township.
As used in this article, the following terms shall have the
meanings indicated:
Any monopodial (running) tropical or semi-tropical grasses
from the genera Bambusa including, but not limited to Bambusa, Phyllostachys,
and Pseudosasa as well as Common Bamboo, Golden Bamboo and Arrow Bamboo.
Any property owner or resident who has planted and/or grows
bamboo, or who maintains bamboo on the property, or who permits bamboo
to grow or remain on the property even if the bamboo has spread from
an adjoining property. Any property owner or resident at which bamboo
is found on the property 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 his property, and
Has provided satisfactory proof to the Township that, within
a reasonable period of time after discovering the encroachment of
bamboo onto the property from an adjoining or neighboring property,
he advised the owner of such property of his objection to the encroachment
of the bamboo, and
Has initiated steps for the removal of the bamboo from the property,
including remedies at law.
The Township of Haverford, County of Delaware, Commonwealth
of Pennsylvania.
For purposes of this section, bamboo found growing upon a property
shall constitute presumptive evidence that the bamboo was planted
and/or grown by and/or with the consent of the bamboo owner.
Upon the effective date of this provision, the planting or growing
of bamboo shall be prohibited within the Township. Any person who
thereafter plants or grows, or causes to be planted or grown, bamboo
within the Township shall be deemed to be in violation of this section,
and shall be subject to such penalties as are set forth hereunder.
Any bamboo that has been planted or otherwise permitted to grow
on any property within the Township prior to the effective date of
this section may remain on such property subject to compliance with
this section.
A.
Bamboo shall not be planted, maintained or otherwise be permitted
to exist within 40 feet of the edge of the pavement or traveled portion
of any public roadway in the Township, and
B.
Any bamboo owner whose property contains bamboo shall remove and
abate the growth of the bamboo within 40 feet of edge of the pavement
or traveled portion of a public road in the Township;
C.
Each bamboo owner shall be responsible to ensure that the bamboo
planted or growing on the property prior to the effective date of
this section does not encroach or grow upon any adjoining or neighboring
property or properties, including all public property and Township
right-of-ways; and
D.
Each bamboo owner shall be required to take such measures as are
reasonably expected to prevent such bamboo from invading or growing
onto adjoining or neighboring properties. Such measures shall include,
but not be 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 the growth or encroachment upon adjoining or
neighboring property by the bamboo.
A.
In the event that bamboo growing on a bamboo owner's property invades
or grows on an adjoining or neighboring property that is owned or
held on behalf of the Township, the Township shall 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 by 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.
B.
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 with the Township for removal of such bamboo within
30 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 all costs
incurred in removing the bamboo from the Township property. Such costs
may be assessed against the property of the bamboo owner.
Any bamboo either planted or caused to be planted or existing
on a property prior to the effective date of this article may not
be replanted or replaced in kind once such running bamboo is or has
become, for any reason, dead, destroyed, uprooted or otherwise removed.
[Amended 3-12-2012 by Ord. No. 2660]
Any person, firm or corporation violating any of the provisions
of this article shall, in addition to the other charges hereinbefore
provided for each offense, upon summary conviction before any Magisterial
District Justice, pay a fine not exceeding $600 and costs of prosecution;
and in default of one payment of the fine and costs, the violator
may be sentenced to the county jail for a term of not more than 30
days. Each and every day in which any person, firm or corporation
shall be in violation of this article shall constitute a separate
offense.
