[Adopted 7-6-2015 by Ord.
No. 701]
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 the Borough of Collingdale.
As used in this article, the following terms shall have the
meanings indicated:
Any monopodial (running) tropical or semitropical grasses
from the genera Bambusa, including but not limited to Bambusa, Phyllostachys
and Pseudosasa as well as Common bamboo, Golden bamboo, Arrow bamboo
and other similar invasive species.
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;
Has provided satisfactory proof to the Borough 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 Borough of Collingdale, County of Delaware, Commonwealth
of Pennsylvania.
A.
Upon the effective date of this article, the planting or growing
of bamboo shall be prohibited within the Borough. Any person who thereafter
plants or grows, or causes to be planted or grown, bamboo within the
Borough shall be deemed to be in violation of this article and shall
be subject to such penalties as are set forth hereunder.
B.
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.
For the purposes of this article, bamboo found growing upon
a property shall constitute presumptive evidence that bamboo was planted
and/or grown by and/or with the consent of the bamboo owner.
Any bamboo that has been previously planted or already in existence
on any property within the Borough prior to the effective date of
this article may remain on such property, subject to the following
regulations:
A.
Bamboo shall not be planted, maintained or otherwise be permitted
to exist within 20 feet of the edge of the pavement or traveled portion
of any public roadway in the Borough.
B.
Any bamboo owner whose property contains bamboo shall remove and
abate the growth of the bamboo within 20 feet of the edge of the pavement
or traveled portion of a public road in the Borough.
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 article does not encroach or grow upon any adjoining or neighboring
property or properties, including all public property and Borough
rights-of-way.
D.
Each bamboo owner shall be required to take such measures as are
reasonably expected to prevent bamboo planted or growing on the property
from invading, encroaching or growing onto adjoining or neighboring
properties. Such measures shall include, but not be limited to, installation
of a sheathing barrier comprised of metal or other material impenetrable
by the bamboo's root system 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.
E.
Whether planted or growing as described in this article, all bamboo
plants shall be located, trimmed and maintained so that no part of
the plant or root system is closer than 20 feet to any property line.
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 Borough, the Borough shall notify the bamboo
owner in writing that the bamboo has invaded the Borough property
and that the bamboo owner is responsible for the removal of such running
bamboo from the Borough 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 Borough 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 Borough property, or does not make
an arrangement with the Borough for removal of such bamboo, within
30 days from the date the Borough first provided notice pursuant to
the above, the Borough, at its discretion, may remove or arrange for
the removal of such bamboo from the Borough property.
C.
The bamboo owner shall be liable and responsible to the Borough for
all costs incurred in removing the bamboo from the Borough property.
D.
If the bamboo owner fails to comply with a notice of removal as provided
herein, the Borough may cause the work to be done and collect the
costs and expenses thereof, together with reasonable attorneys' fees
and an administrative fee of 10% of such expense, which shall constitute
a lien upon the bamboo owner's property and be collected as provided
by law for the collection of municipal lien claims.
E.
This article shall not be deemed to alter any rights of common law
or otherwise that any property owner may have to recover the cost
of removal of running bamboo on their own property from another property
owner from whose property the running bamboo has spread.
F.
In the event that the Borough is compelled to remove or contract
for the removal of bamboo or other similar invasive species as herein
provided above, neither the Borough nor its agents, servants or employees
shall have any liability for damages or other claims to the bamboo
owner's property by reason of the removal of such bamboo. In
the event that such removal entails or causes damage to Borough property
or other property of a person other than the property of the bamboo
owner, the bamboo property owner in violation of this article shall
be responsible for any and all such damages.
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 Judge, pay a fine not exceeding $1,000 and costs of prosecution
and, in the default of payment of the fine and costs, the violator
may be sentenced to imprisonment for a term not to exceed 30 days
for each violation of which the violator has been found guilty. Each
and every day in which any person, firm or corporation shall be in
violation of this article shall constitute a separate offense.
