[Ord. 2014-06-03, 6/16/2014, Art. I]
The purpose of this Part is to preserve and protect private
and public property from the damaging spread of certain bamboo grasses,
protect indigenous plant materials from the invasive spread of bamboo,
and maintain the general welfare of residents of New Britain Township.
[Ord. 2014-06-03, 6/16/2014, Art. I]
1. Definitions.
BAMBOO
Any monopodial (running) tropical or semi-tropical grasses
from the genera Phyllostachys or Pseudosasa, including, but not limited
to, Phyllostachys aureosulcata — yellow groove bamboo. In addition,
this definition includes common bamboo, golden bamboo and arrow bamboo.
BAMBOO OWNER
Any person who has planted and/or grows bamboo on their property;
who maintains bamboo on their property; or who permits bamboo to grow
or remain on their property, even if the bamboo has spread from an
adjoining property.
PERSON
Any individual, corporation, partnership, joint venture,
unincorporated association, municipal corporation or agency, other
group acting as a unit, or combination thereof.
TOWNSHIP
The Township of New Britain, County of Bucks, Commonwealth
of Pennsylvania.
2. Applicability. For purposes of this Part, bamboo found growing upon
a property shall constitute presumptive evidence that the bamboo was
planted and/or grown by and/or with the consent of the bamboo owner.
3. Prohibition. Upon the effective date of this Part, the planting or
growing of bamboo shall be prohibited within the Township, unless:
A. The root system of such bamboo plant is entirely contained within
a planter, barrier, or other vessel, located entirely above ground
level, and of such design, material, and location as to entirely prevent
the spread/growth of the bamboo's root system beyond the container
in which it is planted.
B. The root system is contained within a barrier, constructed in accordance
with the following specifications, and only after a permit is issued
by the Township:
(1)
The barrier shall be composed of high density polypropylene
or polyethylene, 40 mil or heavier.
(2)
Portions or sheets of the barrier shall be secured or joined
together by the use of stainless steel clamps or stainless steel closure
strips designed for such barriers.
(3)
The entire perimeter of the barrier shall be more than 30 inches
below ground level and more than three inches above ground level.
(4)
When installed, the barrier shall slant outward from the bottom
to the top.
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Any person who hereafter plants or grows, or causes to be planted
or grown, bamboo within the Township, except as under the conditions
set forth in paragraph (A) and (B) above, shall be deemed to be in
violation of this Part, and shall be subject to such penalties as
are set forth herein.
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4. Regulation.
A. Bamboo shall not be planted, maintained, or otherwise be permitted
to exist within 40 feet of the edge of the pavement or traveled portion
of any public roadway in the Township. Any bamboo owner whose property
contains bamboo shall remove and abate the growth of the bamboo within
40 feet of edge of the pavement or traveled portion of a public road
in the Township.
B. Whether planted or growing in a container or contained within a barrier,
all bamboo plants shall be located, trimmed, and maintained so that
no part of the plant (including stalks, branches, leaves, and/or roots)
shall extend nearer than 10 feet to any property line.
C. When removing and destroying bamboo, all rhizome disposal must be
by incineration only. No composting or trash disposal of rhizomes
shall be allowed.
5. Pre-Existing Bamboo.
A. Any bamboo that has been planted or otherwise permitted to grow on
any property within the Township prior to the effective date of this
Part may remain on such property, subject to compliance with this
Part.
B. Each bamboo owner shall be responsible to ensure that the bamboo
planted or growing on the property prior to the effective date of
this section does not encroach or grow upon any adjoining or neighboring
property, including all public property and right-of-ways. Such bamboo
owners shall be required to take such measures as are reasonably expected
to prevent such invasion or encroachment, including, but not be limited
to, the installation of sheathing compromised of metal or other material
impenetrable by bamboo at a sufficient depth within the property line
or lines where the bamboo is planted or is growing to prevent the
growth or encroachment upon adjoining or neighboring property by the
bamboo.
C. Replanting Prohibited. Any bamboo existing on a property prior to
the effective date of this Part may not be replanted or replaced in
kind once such bamboo is or has become, for any reason, dead, destroyed,
uprooted, or otherwise removed, except in compliance with the provisions
of this Part.
6. Removal from Township Property.
A. Encroachment. In the event that bamboo growing on a bamboo owner's
property invades or grows onto Township property, including, but not
limited to right-of-ways, the Township shall notify the bamboo owner
in writing that bamboo has invaded the Township property and that
the bamboo owner is responsible for the removal of such bamboo from
the Township property. This encroachment notice shall be sent by certified
mail, return receipt requested, and by regular mail to the last known
address of the bamboo owner, and a copy of the notice shall also be
posted in a conspicuous location on the bamboo owner's property.
B. In the event that the bamboo owner does not remove the bamboo from
the Township property, or does not make an arrangement with the Township
for removal of such bamboo within 30 days from the date the encroachment
notice, the Township, at its discretion, may remove such bamboo from
the Township property. The bamboo owner shall be liable and responsible
to the Township for all costs incurred in removing the bamboo from
the Township property. Such costs may be assessed against the property
of the bamboo owner, and in the event that the costs remain unpaid
more than 30 days after the demand of payment has been made by the
Township on the bamboo owner, the Township may lien the property of
the bamboo owner for these costs, plus interest, fees, and expenses,
as allowed by law.
C. In the event that the Township is compelled to undertake the removal
of bamboo, as provided for above, neither the Township nor its employees,
contractors, or agents shall have any liability to the bamboo owner
for any damages or other claims arising out of the removal of such
bamboo. In the event such removal entails or causes damages to the
property of any other person or entity other than the bamboo owner,
the bamboo owner shall be responsible for such damages.
[Ord. 2014-06-03, 6/16/2014, Art. I]
1. Notice of Violation.
A. Each bamboo owner shall be responsible to ensure that any bamboo
on their property does not violate the provisions of this Part. In
the event that there is any bamboo growing in violation of the provisions
of this Part, the Township shall notify the bamboo owner in writing
of the existence of such violation. Said notice of violation shall
be served by handing it directly to the bamboo owner; by mailing it
to the last known address of the bamboo owner; or by posting the property
at a conspicuous location.
B. Any bamboo owner receiving a notice of violation shall bring their
property into compliance with this Part within 30 days of the owner's
receipt of said notice. If the bamboo owner fails to bring their property
into compliance with the notice and this Part, then the Township may
issue a non-traffic citation against the bamboo owner.
C. In addition, where a bamboo owner does not remedy and correct the
violations set forth in any notice of violation issued to them, the
Township may remove any bamboo that is in violation of this Part located
upon the bamboo owner's property; take all reasonable action to eradicate
its re-growth; and/or restore any real property to its natural condition
prior to such removal and eradication. Any costs incurred by the Township
in removing any bamboo and/or remedying any violation of this Part
shall be at the expense of the bamboo owner, and in the event that
the costs remain unpaid more than 30 days after the demand of payment
has been made by the Township on the bamboo owner, the Township may
lien the property of the bamboo owner for these costs, plus interest,
fees, and expenses, as allowed by law.
2. Violations, Penalties, and Remedies.
A. Upon summary conviction before any magisterial district judge, any
person violating any of the provisions of this Part shall, in addition
to the other charges hereinbefore provided for each offense, pay a
fine not exceeding $1,000, plus all court costs, including reasonable
attorney's fees, incurred as a result of the prosecution. Each and
every day in which a person shall be in violation of this Part shall
constitute a separate offense.
B. In addition, the Township Board of Supervisors may institute suits,
in equity or at law, to restrain, prevent, or abate a violation of
this Part. Such proceedings may be initiated before any court of competent
jurisdiction. The expense of such proceedings shall be recoverable
from the violator in any manner as may now or hereafter be provided
by law.