[HISTORY: Adopted by the Board of Supervisors of the Township
of Middletown 4-13-2015 by Ord.
No. 15-02. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Middletown
Township Bamboo Ordinance."
The Township has determined that the planting, cultivating and
growing of certain running noxious plants and grasses, particularly
those plants and/or grasses commonly referred to as "bamboo," within
the Township of Middletown has a negative impact on the health, safety
and welfare of the citizens of Middletown Township and the public
at large, as the uncontrolled planting, cultivating and growth of
said bamboo plants and grasses results in the destruction of private
and public property and constitutes a nuisance within the Township.
The Township has therefore determined that is in the best interests
of the citizens of Middletown Township and the public at large to
control the planting, cultivating and/or growing of said bamboo plants
and grasses within the Township of Middletown, primarily by prohibiting
the future planting, cultivating and/or growing of said bamboo plants
and grasses within the Township, and by requiring the use of barriers
to prevent the invasive spread of existing bamboo plants and grasses
within the Township.
As used in this chapter, 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,
Fallopia and Pseudosasa, as well as common bamboo, golden bamboo,
arrow bamboo, and Japanese bamboo.
Any property owner and/or resident who has planted and/or
grows bamboo, or who maintains and/or cultivates bamboo on his/her
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 and/or resident of property on which bamboo is found shall be
considered to be a bamboo owner. A property owner and/or resident
will not be considered to be a bamboo owner if:
He has provided satisfactory proof to the Township that, within
a reasonable period of time after discovering the encroachment of
bamboo onto the subject property from an adjoining or neighboring
property, he advised the owner of such property of his/her objection
to the encroachment of the bamboo; and
He has initiated steps for the removal of the bamboo from the
property, including remedies at law.
The Township of Middletown, Bucks County, Pennsylvania.
A.Â
For purposes of this chapter, bamboo found growing upon a property
shall constitute presumptive evidence that the bamboo was planted,
cultivated and/or grown by and/or with the consent of the subject
property owner, tenant, and/or any other individual, entity or corporation
then having control of and/or over the subject property.
B.Â
Prohibition. Upon the effective date of this chapter, the planting,
cultivating and/or growing of bamboo shall be prohibited within the
Township. No persons, property owners, tenants, and/or other individuals,
entities, and/or corporations having control of and/or over any property
located within the Township shall plant, cultivate, and/or cause to
grow any bamboo on any real property within the Township. Any person
who plants, cultivates, and/or grows, and/or causes or allows to be
planted, cultivated and/or grown, bamboo within the Township shall
be deemed to be in violation of this chapter and shall be subject
to such penalties as are set forth herein.
C.Â
This chapter shall not be deemed to alter or abrogate any rights
at common law, or otherwise, that any persons, property owners, tenants,
and/or other individuals, entities, and/or corporations may have to
recover the cost of removal of any bamboo found on their own property
that has encroached from a neighboring property.
D.Â
Exceptions. Notwithstanding the prohibitions set forth in § 155-4B above, upon the effective date of this chapter, persons, property owners, tenants, and/or other individuals, entities, and/or corporations having control of and/or over any property located within the Township shall be permitted to plant, cultivate, and/or cause to grow bamboo on any real property within the Township only if:
(1)Â
Containment of root system.
(a)Â
The root system of such bamboo is entirely contained within
an aboveground-level planter, barrel or other vessel of such design,
material, and location as to entirely prevent the spread of growth
of the bamboo root system beyond the container in which it is planted;
or
(b)Â
The root system of such bamboo is contained within and/or restricted
by a barrier, constructed in accordance with the following specifications,
and only after a compliance inspection is performed and a permit issued
by the Township:
[1]Â
The barrier itself shall be composed of a high-density polypropylene
or polyethylene, with a thickness of 40 ml or more;
[2]Â
Each portion or sheet of the barrier shall be secured or joined
together by the use of stainless steel clamps or stainless steel closure
strips designed to be used with such barriers;
[3]Â
The barrier shall be installed not less than 30 inches deep;
[4]Â
The barrier shall be circular or oblong shaped;
[5]Â
Not less than three inches of the barrier shall protrude above
ground level around the entire perimeter of the bamboo; and
[6]Â
When installed, the barrier shall slant outward from the bottom
to top.
(2)Â
Any and all bamboo existing pursuant to this § 155-4D shall, at all times, be located, trimmed and maintained so that no bamboo, or any part thereof, shall be within 10 feet of any property line, curb, and/or sidewalk, nor within 40 feet of any roadway, cartway, street, storm sewer, sanitary sewer and/or public water facilities within the Township.
E.Â
Any bamboo that has been planted or otherwise permitted to grow on
any property within the Township prior to the effective date of this
chapter may remain on such property subject to compliance with the
following:
(1)Â
The bamboo shall not be within 10 feet of any property line, curb,
and/or sidewalk or within 40 feet of any roadway, cartway, street,
storm sewer, sanitary sewer and/or public water facilities within
the Township.
(2)Â
Any bamboo owner whose property contains bamboo that is located within
10 feet of any property line, curb, and/or sidewalk or within 40 feet
of any roadway, cartway, street, storm sewer, sanitary sewer and/or
public water facilities within the Township shall remove such bamboo
and shall abate the growth of such bamboo so that it is not within
10 feet of any property line, curb, and/or sidewalk or within 40 feet
of any roadway, cartway, street, storm sewer, sanitary sewer and/or
public water facilities within the Township.
(3)Â
A bamboo owner shall further be responsible to ensure that any bamboo planted and/or growing on the property of the bamboo owner prior to the effective date of this chapter is maintained such that it does not encroach or grow upon any adjoining or neighboring property or properties, including all public property and public rights-of-way. If the Township determines that any such bamboo, or part thereof, has been allowed to encroach, grow upon, extend roots across, and/or extend branches, stalks and/or leaves over any public right-of-way and/or any private property not owned by and/or in the possession of the bamboo owner, the bamboo owner shall be required to comply with the provisions of § 155-4D(1)(b) above.
F.Â
Removal. In the event that a bamboo owner does not remove or contract
for the removal of any bamboo that is found to be in violation of
any of the provisions of this chapter within 30 days of the date of
notice of violation issued by the Township, the Township may, at its
discretion, and in addition to any and all other enforcement actions
available to it, take any and all actions necessary to effectuate
the removal of such bamboo. The bamboo owner shall be liable and responsible
to the Township for any and all costs incurred by the Township in
effectuating the removal of such bamboo, including reasonable attorney's
fees. Such costs may be assessed against the property of the bamboo
owner and entered as a lien on the property. Nothing herein shall
be construed to create any affirmative obligation on the part of the
Township to abate or remove any bamboo within the Township.
G.Â
Replanting prohibited. Any bamboo either planted or caused to be planted or existing on a property prior to the effective date of this chapter 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, unless such replanting is consistent with the provisions of § 155-4D above.
Any person, property owner, tenant, and/or other individual,
entity, and/or corporation who violates any of the provisions of this
chapter shall, upon conviction before any Magisterial District Justice,
be guilty of a summary offense and shall be required to pay a fine
not exceeding $1,000 and costs of prosecution, in addition to all
other costs hereinbefore provided. Each and every day on which any
person, property owner, tenant, and/or other individual, entity, and/or
corporation shall be in violation of the provisions of this chapter
shall constitute a separate offense.