[HISTORY: Adopted by the Board of Supervisors of the Township
of Thornbury 4-22-2014 by Ord. No. 2014-1. Amendments noted where
applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 93.
The provisions of this chapter are enacted to control the planting,
growing or cultivation of noxious vegetation in Thornbury Township
so as to prevent the trespass of noxious vegetation onto public rights-of-way
or adjacent private property, to preserve native flora and to ensure
that noxious vegetative growth does not become a threat to the public
health, safety or welfare of the community.
As used in this chapter, the following terms shall have the
meanings indicated:
A plant that has been determined to be injurious to public
health, crops, livestock, agricultural land or other property and
includes the noxious vegetation plants listed in Chapter 110 of Title
7 of the Pennsylvania Code, Noxious Weeds, as amended, running bamboo,
and additional plants as may be hereafter determined by the Board
of Supervisors of Thornbury Township.
A.
No person, firm, corporation or other entity owning or occupying
any property within Thornbury Township, Chester County, Pennsylvania,
shall hereafter plant, cause to grow or cultivate the following noxious
vegetation:
(1)
Vegetation listed in Chapter 110 of Title 7 of the Pennsylvania Code,
Noxious Weeds, as amended;
(2)
The Thornbury Township noxious vegetation list, as amended from time
to time by the Board of Supervisors;
(3)
All species of running bamboo, including Acidosasa, Arundinaria,
Bashania, Brachystachyum, Chimonobambusa, Gelidocalamus, Indocalamus,
Indosasa, Ochlandra, Phyllostachys, Pleiblastus, Pseudosasa, Sasa,
Sasaella, Semiarundinaria, Shibataea, and Sinobambusa.
A.
The owner of any premises shall remove, trim or cut all noxious vegetation
located on said property which violates the provisions of this chapter,
such that no part of the noxious vegetation is closer than 20 feet
from any public right-of-way or property line.
A.
No person, property owner, or tenant shall plant, cause to grow or
cultivate any running bamboo on any lot or parcel of ground, except
in conformity with the following:
(1)
The root system of the bamboo plants is entirely contained within
an aboveground planter, barrel or other container of such design,
material and location as to prevent the spread of the bamboo root
system beyond the confines of the container in which it is contained;
or
(2)
The root system is planted in the ground but is entirely contained
within a barrier, constructed in accordance with the following specifications.
Compliance with these specifications is subject to inspection by the
Code Enforcement Officer.
(a)
The barrier itself shall be composed of a high-density polypropylene
or polyethylene, with a thickness of at least 40 mils or stronger
material;
(b)
The barrier shall be secured and joined together by stainless
steel clamps or stainless steel closure strips designed to be used
with such barriers;
(c)
The barrier shall be installed at least 30 inches deep;
(d)
At least three inches of the barrier must protrude above ground
level around the entire perimeter of the bamboo;
(e)
The barrier shall slant outward from bottom to top.
(3)
Whether planted or growing in a container, as described herein, all
bamboo plants shall be located, trimmed and maintained so that no
part of such plant is closer than 20 feet from any public right-of-way
or the property boundary.
A.
Whenever a complaint is received by the Township regarding the encroachment
of any noxious vegetation plant or root, or whenever the Township
determines that there is an encroachment of noxious vegetation plants
or roots onto the public right-of-way, the Township shall give notice
to the landowner or tenant in possession of the property to remove
the offending noxious vegetation plant or root system.
(1)
The notice shall be mailed by certified mail, return receipt requested.
Notice by certified mail shall be deemed complete on the date of personal
delivery. If the certified mail is marked "refused," "unclaimed" or
otherwise undeliverable by the United States Postal Service, notice
will be sent by regular mail and by posting the notice on the property.
(2)
The notice shall specify the nature of the violation.
(3)
The notice shall state that the violation must be corrected within
30 days from the date of mailing or posting the property, whichever
is later.
(4)
The notice shall state specifically what must be done by the responsible
party to correct the violation and come into compliance with this
chapter.
(5)
The notice shall state that failure to comply within 30 days will
result in the removal of the offending noxious vegetation or root
system by the Township and that the responsible party will be billed
for all costs incurred by the Township. The Township may, in its discretion,
elect to issue a citation daily until such time as offending noxious
vegetation or root system is removed, rather than undertake the removal
itself.
A.
Any property owner or possessor of a property determined by any court
of competent jurisdiction to have violated this chapter shall be subject
to pay a fine of $100 per day for each day that the violation persists
after the thirty-day remediation period expires, as well as court
costs, legal fees and any other fees incurred by the Township to enforce
this chapter against the responsible party. Each day of a continuing
violation shall constitute a separate offense, for which a separate
fine shall be levied.
