[HISTORY: Adopted by the Board of Warden and Burgesses of
the Borough of Newtown 7-8-2014.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance provided an effective date of
8-4-2014.
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:
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.
Any bamboo plant of the genus Phyllostachys.
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.
A.
Each bamboo
owner shall be responsible for ensuring that any running bamboo on
property owned or occupied or controlled by him or her does not violate
the provisions of this chapter and for ensuring that running bamboo
that originated on property owned, occupied or controlled by him does
not invade neighboring or adjoining properties. If it is determinable,
by a fair preponderance of the evidence, that running bamboo has infringed
on the property of abutting property owners, the originating bamboo
owner shall be responsible for removal and remedy of said running
bamboo infringement. Failure to remove and remedy shall be a violation
of this chapter. In the event there is found running bamboo growing
or existing in violation of this chapter, the Borough or its authorized
representative may notify the bamboo owner(s), in writing, of the
existence of the violation. Notice, when given, shall specify the
corrective measures to be taken, whether such remedial measures are
required upon property of the bamboo owner or on properties to which
running bamboo originating on the bamboo owner's property has spread.
Notice shall be sent to the bamboo owner(s) by certified mail. Such
notice shall be sufficient if it is directed to the property address
upon which the violation exists (if improved) and/or the address of
the property owner on file with the Newtown Tax Assessor.
B.
Bamboo owners
to whom such notice of violation is directed shall cause to be removed
from the property on which the violation occurs all such running bamboo,
including underground roots systems and rhizomes that are in violation
of this chapter within such time as the Borough or its representative
determines is reasonable, given the extent of the violation among
other factors.
C.
In the event
the bamboo owner(s) does not remedy and correct the violations set
forth in the notice of violation within the allotted time, the Borough
of Newtown may remove so much of such running bamboo as is in violation
of this chapter, take any actions it deems reasonable to prevent its
regrowth and restore the property to its natural condition prior to
such measures. All running bamboo removed or uprooted or otherwise
separated from the ground for any reason whatsoever, including its
underground roots, structures and rhizomes, shall be disposed of only
by incineration and shall not be composted, deposited in any landfill
or otherwise disposed of.
D.
All costs
incurred by the Borough in removing running bamboo that exists in
violation of this chapter or in remedying any violation of this chapter,
which condition is not corrected by the bamboo owner(s) within the
time allotted in the notice of violation, is chargeable to the bamboo
owner(s). Such expense as is charged to the bamboo owner(s) shall
become a lien upon the property upon which the violation existed.
E.
In addition
to the foregoing remedies, continuing violations of this chapter beyond
the time specified in the notice of violation are subject to a fine
of $100 for each day such violation continues, by way of the Borough's
citation process, and are subject to such other remedies as are available
at law or in equity.
F.
Allowing
running bamboo to grow beyond the boundaries of a parcel of property
that a person owns shall be deemed to be a nuisance, except if it
is proved by a fair preponderance of the evidence that the bamboo
originated from an abutting property owner.
G.
A bamboo
owner who has been served with a notice of violation may request an
administrative hearing to contest the notice of violation. Said request
must be in writing, identify the matter contested and be received
by the Clerk of the Borough within 10 days of receipt of notice. Said
hearing shall proceed in accordance to administrative hearing procedures
established by the Borough. All hearings shall be conducted within
30 days of receipt of the notice to contest.
A.
Severability.
If any provision of this chapter or the application thereof to any
person or circumstance is held to be invalid, such invalidity shall
not affect other provisions or applications, and to that end, the
provisions of this chapter are declared to be severable.
B.
It the expressed
intent of this chapter that it may be enforced both by the Borough
of Newtown and its agents and by individual Freemen, citizens and
property owners of the Borough whose property has been invaded by
running bamboo originating on property other than on that they own
of occupy by means of a civil action or otherwise as provided by law,
regardless of when the running bamboo was originally planted or grown.
C.
This chapter
shall become effective 15 days after publication thereof as provided
by law.
