[Added by Ord. 572, 11/10/2015]
1. Purpose and intent. The purpose of this section is to control the
planting, cultivating, or growing of certain running bamboo grasses
in the Township, and to require barriers to prevent the invasive spread
of existing running bamboo into other areas of the Township.
2. Definitions. As used in this section, the following terms shall have
the meanings indicated:
BAMBOO
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.
BAMBOO OWNER
Any property owner or resident who has planted and/or grows
bamboo, or who maintains 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 or resident at property
on which bamboo is found will be considered a bamboo owner, except
any property owner or resident who:
A.
Has provided satisfactory proof to the Township that, within
a reasonable period of time after discovering the encroachment of
bamboo onto the property from an adjoining or neighboring property,
he/she has advised the owner of such property of his/her objection
to the encroachment; and
B.
Has initiated steps for the removal of the encroaching bamboo,
including notifying the Township of the encroachment or otherwise
exercising private remedies at law.
TOWNSHIP
The Township of Lower Southampton, Bucks County.
3. General provisions.
A. For purposes of this section, 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 property owner, tenant,
or other individual, entity or corporation having control over the
property.
B. Prohibition. Except as provided herein, upon the effective date of
this section, the planting or growing of bamboo shall be prohibited
within the Township and no persons, property owners, tenants or other
individual entities or corporations having control of property within
the Township shall plant, cultivate or cause to grow any bamboo on
any lot or parcel within the Township. Any person who plants or grows,
or causes or allows to be planted or to be grown, bamboo within the
Township shall be deemed to be in violation of this section and shall
be subject to the penalties provided herein.
C. This section shall not be deemed to alter any rights of any property
owner at common law or otherwise to recover the cost of removal of
bamboo on their property that has run over from a neighboring property.
D. Exceptions.
(1)
The root system of such bamboo plant(s) is entirely contained
within an above ground level planter, barrel or other vessel of such
design, material and location as to prevent the spread of growth of
the bamboo plant's root system beyond the container in which it is
planted.
(2)
The root system is contained completely within a barrier constructed
in accordance with the following specifications, and only after a
compliance inspection is performed and a permit issued by the Township:
(a)
The barrier itself shall be composed of a high density polypropylene
or polyethylene, with a thickness of 40 mils or more;
(b)
Each portion of the barrier shall be secured or joined together
by use of stainless steel clamps or stainless steel closure strips;
(c)
The barrier shall be installed no less than 30 inches deep;
(d)
The barrier shall be circular or oblong shaped;
(e)
Not less than three inches of the barrier shall protrude above
ground level around the entire perimeter of the bamboo planting area;
(f)
When installed, the barrier shall slant outward from the bottom
to the top.
(3)
Whether planted or growing in a container, as described herein,
all bamboo plants shall be located, trimmed and maintained so that
no part of the plant shall be closer than 10 feet from any property
line, pavement or sidewalk and no closer than 40 feet from a public
or private roadway within the Township.
E. Any bamboo that has been planted or otherwise permitted to grow on
any property within the Township prior to the effective date of this
section may remain on such property only subject to compliance with
the following:
(1)
The bamboo shall not be closer than 10 feet from any property
line, pavement or sidewalk and no closer than 40 feet from any public
or private roadway within the Township.
(2)
Any bamboo owner whose property contains bamboo shall remove
and abate the growth of any bamboo within 40 feet of the edge of pavement
or traveled portion of any roadway within the Township.
(3)
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 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.
(4)
If the Township determines that any portion of such bamboo has been allowed to grow upon, extend roots across, or extend branches, stalks, or leaves over any public right-of-way or any private property not owned by or in possession of the bamboo owner, the bamboo owner shall be required to comply with the provisions of §
10-405, Subsection 3D(3).
F. Removal. In the event that the bamboo owner does not remove or contract
for the removal of bamboo from any public or private property within
20 days from the date of written notice of any violation under this
section, the Township may take such steps it deems appropriate to
abate the violation, including removal of the bamboo by Township personnel,
removal of the bamboo by contract, charging the costs of removal as
liens against the property remediated or filing an appropriate action
in equity to abate the violation. Nothing herein shall be construed
to create an affirmative obligation on the part of the Township to
abate or remove any bamboo within the Township.
G. Replanting prohibited. Any bamboo which is removed after the effective
date of this section, whether by death, destruction or other method,
may not be replanted unless such replanting is consistent with the
provisions of this section that apply to new plantings.
4. Violations and penalties. Any person, firm or corporation found to
be in violation of any of the terms, conditions or provisions of this
section shall, in addition to any other remedies provided hereunder,
upon conviction before any Magisterial District Judge, be guilty of
a summary offense and shall be required to pay a fine not exceeding
$1,000 plus the costs of prosecution. Each day that a violation continues
after due notice shall constitute a separate offense.