The purpose of this chapter is to preserve and protect both
public and private property from the damaging effects of certain non-native
plants, to protect indigenous plant life, to prevent damage therefrom,
to maintain property values and provide for the general welfare of
the Freemen, residents and property owners of the Borough of Newtown.
As used in this chapter, the following terms shall have the
meanings indicated:
BAMBOO OWNER
Any property owner or occupant who has planted and/or grows
running bamboo, or who maintains running bamboo on property owned
or occupied or controlled by him, or who permits or allows running
bamboo to grow to remain on such property, even if it has spread from
an adjoining property.
No person or legal entity shall plant or cause to grow running
bamboo on any property within the Borough of Newtown unless done so
pursuant to plans for containment designed by, and signed and sealed
by, a licensed arborist or forester and approved by the Borough's
Tree Warden or appointed official, which plans shall provide, in the
opinion of the Borough official, for an effective barrier to prevent
the spread of such running bamboo to any land within 40 feet of the
property boundary on which it is to be planted or grown.
Any running bamboo that is planted or otherwise permitted or
allowed to grow on any property within the Borough, whether such running bamboo
existed before or comes into existence after the effective date of
this chapter, shall not:
A. Be planted,
maintained or otherwise be permitted to exist within 40 feet of the
traveled portion of any public street or sidewalk or within 40 feet
of the boundary of the property on which it exists.
B. Be permitted
or suffered to encroach or grow upon any adjoining or neighboring
property, including all public property and rights-of-way.