[Ord. 2016-O-4, 8/10/2016]
The purpose of this Part is to preserve and protect private
and public property from the damaging effects of the spread of certain
nonnative plantings such as bamboo; to protect indigenous plant materials
from the invasive spread of nonnative plantings, such as bamboo; and
to maintain the general welfare of the residents of Newtown Township.
[Ord. 2016-O-4, 8/10/2016]
As used in this Part, the following terms shall have the meanings
indicated:
Any of the tall, treelike grasses, found in tropical and
subtropical to mild temperate regions, that make up the subfamily
Bambusoideae, having hollow woody-walled stems with ringed joints
or any variety of tall, sometimes treelike tropical or semitropical
grasses.
Any owner/occupant who has planted and/or grows bamboo on
his/her/their property, who maintains bamboo on his/her/their property,
or who permits bamboo to grow or remain on his/her/their property,
even if the bamboo has spread from an adjoining property. Any property
owner or resident where bamboo is found on the property shall be considered
a bamboo owner.
Any person owning or occupying any premises located within
Newtown Township.
Any individual, corporation, partnership, limited liability
company, joint venture, unincorporated association, municipal corporation
or any other agency or combination thereof.
[Ord. 2016-O-4, 8/10/2016]
For the purposes of this Part, bamboo found growing upon a property
and/or a premises shall constitute conclusive evidence that the bamboo
was planted, and/or grown by, and/or has been permitted to grow by
the bamboo owner.
[Ord. 2016-O-4, 8/10/2016]
1.
In the event that bamboo growing on the bamboo owner's property invades
or grows on adjoining or neighboring property that is held or owned
on behalf of Newtown Township, Newtown Township shall notify the bamboo
owner that the bamboo on its property has invaded Newtown Township
property and that the bamboo owner is responsible for the removal
of such bamboo from the Newtown Township property. This notice shall
be sent by certified mail, return receipt requested, and by regular
mail to the last address of the bamboo owner on file with Newtown
Township. If notice by mail cannot be accomplished, then notice shall
be left in a conspicuous location on the bamboo owner's property by
the Township.
2.
In the event that the bamboo owner does not remove or contract for
the removal of said bamboo from the Newtown Township property, or
does not make an arrangement with Newtown Township for removal of
such bamboo within 30 days from the date Newtown Township served the
notices provided hereinabove; then Newtown Township, at its discretion,
may remove or arrange for removal of such bamboo from the Newtown
Township property. The bamboo owner shall be liable and responsible
to pay Newtown Township for Newtown Township's cost of removing the
bamboo from the Newtown Township property. Said costs and fees may
be assessed against the real property of the bamboo owner as a municipal
lien.
3.
In the event Newtown Township is compelled to remove or contract
for the removal of bamboo, as is herein provided above, neither Newtown
Township nor its employees shall have any liability for damages or
other claims by the bamboo owner by reason of the removal of such
bamboo. In the event such removal entails or causes damages to the
flora or other property of a person within the property of the bamboo
owner, the bamboo owner in violation of this Part shall be responsible
for any and all damages and hereby indemnifies Newtown Township for
same.
[Ord. 2016-O-4, 8/10/2016]
Bamboo owners shall not permit any bamboo to grow or remain
on their property which impacts the safety, health and general welfare
of Newtown Township residents; said harm includes a public safety
issue created by the growth or other encroachment of bamboo on any
public waterway, right-of-way and/or public water and sewer system.
Any violation of the provisions in this section is hereby declared
to be a nuisance and declared to be detrimental to the health, safety,
cleanliness and comfort of the inhabitants of Newtown Township. In
addition, bamboo shall not be planted, maintained or otherwise permitted
to exist within 40 feet of the edge of the pavement or travel portion
of any public roadway in Newtown Township.
[Ord. 2016-O-4, 8/10/2016]
1.
Any bamboo which has been planted or otherwise exists on any property
and/or premises that exists prior to the effective date of this Part
within Newtown Township shall comply with the following requirements:
A.
Bamboo shall not be planted, maintained or otherwise permitted to
exist or encroach in any fashion within 40 feet from the ultimate
right-of-way of any public street;
B.
Bamboo shall not be planted, maintained or otherwise be permitted
to exist or encroach in any fashion within 10 feet of any common property
line with any property held or owned on behalf of Newtown Township;
and
C.
Any person and/or owner/occupant of any property or premises shall
be responsible to ensure that bamboo growing on the property prior
to the effective date of this Part does not grow or encroach upon
any adjoining or common property line with any property held or owned
on behalf of Newtown Township, including all public property and rights-of-way.
[Ord. 2016-O-4, 8/10/2016]
1.
Any bamboo which has been planted or otherwise exists on any property
and/or premises, prior to the date of adoption of this Part, within
Newtown Township shall also comply with the following regulations:
A.
In the event that bamboo growing on any person's property or premises
invades or grows onto an adjoining or neighboring property or encroaches
in any fashion within 40 feet or into a public right-of-way that is
owned, or held, on behalf of Newtown Township or the Commonwealth
of Pennsylvania, a notice of violation shall be forwarded by the Township
to the bamboo owner, in writing, advising the bamboo owner that the
bamboo has invaded a right-of-way or property and that the bamboo
owner is responsible for the removal of such bamboo so as to comply
with the requirements of this Part.
B.
In the event the bamboo owner does not remove the bamboo from the
property or public right-of-way or make arrangements with Newtown
Township for the removal of the bamboo within 30 calendar days from
notification by Newtown Township, the Township, at its discretion,
may remove such bamboo from the Township property within 40 feet of
the public right-of-way. The bamboo owner shall be responsible and
shall reimburse Newtown Township for all costs incurred with respect
to removing the bamboo. In the event the costs are not paid within
30 days of invoice, the Township shall lien the property of the bamboo
owner for these costs, plus interest fees and expenses as permitted
by law.
C.
In the event that Newtown Township is compelled to undertake the
removal of bamboo, neither Newtown Township nor its employees, contractors
or agents shall have any liability to the bamboo owner for any damages
or claims arising from the removal of the bamboo. In the event such
removal entails or causes damage to the property of any other person
or owner/occupant or entity other than the bamboo owner, the bamboo
owner shall be responsible for such damages.
D.
Any bamboo either planted, or caused to be planted, or existing on
a property prior to the effective date of this Part may not be replanted
or replaced in kind once such bamboo has become dead, destroyed, uprooted
or otherwise removed.
[Ord. 2016-O-4, 8/10/2016]
Any person or owner/occupant of any premises or property who
violates any of the provisions of this Part shall, upon conviction
in a summary proceeding before any District Justice located in Bucks
County, be punishable by a fine of not more than $1,000 and the costs
of prosecution for each and every offense, or upon a default in payment
of the fines and costs not caused by indigence or lack of sufficient
assets, by imprisonment in the Bucks County prison for a period not
to exceed 30 days. Each and every day in which a person shall be in
violation of this Part shall constitute a separate offense. Furthermore,
the Board of Supervisors of Newtown Township and/or the Township Manager
or his/her designee may institute suits, at equity or at law, to restrain,
prevent or abate a violation of this Part. Such proceedings shall
be initiated in the Court of Common Pleas of Bucks County, and all
of the expenses of such proceedings shall be recoverable from the
violator in any manner as may now or hereinafter be provided by law.
All other provisions of the Newtown Township Code of Ordinances,
as amended, shall remain in full force and effect. All other ordinances
or provisions of any ordinances inconsistent herewith or in conflict
with any of the terms hereof are, to the extent of such inconsistencies
or conflicts, hereby specifically repealed.
