HISTORY: Adopted by the Board of Supervisors of the Township
of Lower Makefield 7-20-2016 by Ord. No. 404. Amendments noted where applicable.]
The purpose of this chapter is to preserve and protect private
and public property from the damaging effects of the spread of certain
invasive, 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
Lower Makefield Township.
For the purpose of this chapter, the following definitions shall
apply:
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.
Any owner/occupant who has planted and/or grows bamboo on
his or her property; who maintains bamboo on his or her property;
or who permits bamboo to grow or remain on his or her property, even
if the bamboo has spread from an adjoining property. A property owner
and/or resident will not be considered to be a bamboo owner if:
He/she 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/she advised the owner of such property of his/her objection
to the encroachment of the bamboo in writing; or
[Amended 9-20-2018 by Ord. No.
412]
He/she has initiated steps for the removal of the bamboo from
the subject property, including seeking available remedies at law
and/or equity.
Any person owning or occupying any premises within Lower
Makefield Township. For purposes of this chapter, bamboo owner responsibilities
shall apply to the owner in the case of vacant premises or premises
occupied by the owner, or to the occupant of the premises in case
of premises occupied by other than the owner.
A.
Any bamboo growing upon any premises in the Township in violation
of any of the provisions of this section is hereby declared to be
a nuisance and detrimental to the health, safety, cleanliness and
comfort of the inhabitants of the Township.
B.
Prohibitions; exceptions.
(1)
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; or
(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;
and
[4]
When installed, the barrier shall slant outward from the bottom
to the top.
(3)
For purposes of this chapter, 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.
C.
Property lines and removal of bamboo.
(1)
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 public road
in the Township.
(2)
Whether planted or in existence before the effective date of this
chapter, and/or 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.
(3)
When removing and destroying bamboo, all rhizome (underground plant
stem capable of producing the shoot and root systems of a new plant)
disposal must be by incineration only. No composting or trash disposal
of rhizomes shall be allowed.
A.
The bamboo owner shall remove, trim, or cut all bamboo growing or remaining upon such premises in violation of the provisions of § 84A-3 of this chapter.
B.
The bamboo owner shall be responsible for the cost of removal and/or
abatement of bamboo that has encroached upon an adjoining property
in violation of this chapter.
C.
Preexisting bamboo.
(1)
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 the compliance with
this chapter.
(2)
Each bamboo owner shall be responsible to ensure that the bamboo
planted or growing on his/her property prior to the effective date
of this chapter does not encroach or grow upon any adjoining or neighboring
property, including all public property and rights-of-way. Such bamboo
owners shall be required to take such measures as are reasonably expected
to prevent such invasion or encroachment in accordance with the recommendations
of an independent qualified expert familiar with the growth, removal
and/or eradication of bamboo; including, but not limited to, the installation
of sheathing comprised 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.
[Amended 9-20-2018 by Ord. No.
412]
(3)
Replanting prohibited. Any bamboo existing on a property prior to
effective date of this chapter 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 chapter.
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 rights-ofway, 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 15 calendar days from the date of
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 associated with
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 and
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 person or entity other than the bamboo owner, the
bamboo owner shall be responsible for such damages.
A.
In the event that there is any bamboo growing or remaining upon such premises in violation of the provisions of § 84A-3 of this chapter, the Township shall notify the bamboo owner in writing of the existence of such violation. 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 notice of violation on the premises at a conspicuous location.
B.
Any bamboo owner receiving a notice of violation shall bring his
or her property into compliance with this chapter within 15 calendar
days of the bamboo owner's receipt of said notice. If the bamboo
owner fails to bring his/her property into compliance with the notice
and this chapter, then the Township may issue a non-traffic citation
against the bamboo owner.
A.
Any person who violates any of the provisions of this chapter shall,
upon conviction, in a summary proceeding before any Magisterial District
Judge of Bucks County, be punishable by a fine of not more than $300
and costs of prosecution for each and every offense or, upon default
in payment of the fine 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, provided that anyone violating a provision
of this Chapter may, within five days of the notice of violation or
encroachment notice, pay to the Township Treasurer, under such rules
and regulations as the Township Supervisors may prescribe, the sum
of $20 for each offense as a penalty for and in full satisfaction
of such violation. Each day that such violation is continued shall
constitute a new and separate offense, punishable by like fine, penalty
and imprisonment.
B.
In addition, the Township Supervisors may institute suits, in equity
or at law, to restrain, prevent, or abate a violation of this chapter.
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.
