[HISTORY: Adopted by the Board of Supervisors of the Township of Forks as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 71.
[Adopted 9-15-2016 by Ord. No. 343[1]]
[1]
Editor's Note: This ordinance was originally adopted as Ch. 146 but was renumbered to maintain the organization of the Code.
The provisions of this article are enacted to control planting, growing or cultivating of bamboo in Forks Township so as to prevent the spread of noxious vegetation and the trespass of noxious vegetation onto public and private properties and onto public rights-of-way. Therefore, it is the intent of this article to ensure that the vegetation named herein does not become a threat to the public health, safety and welfare.
As used in this article, the following terms shall have the meanings indicated:
PLANT
A living organism exemplified by trees, flowers, grasses, shrubs, herbs, mosses, ferns, et al. The word "plant" shall be understood to mean any and all parts of a plant, including stem and stalk, leaves, seed pods, flowers and fruit, and roots.
RESTRICTED VEGETATION
Any plant that is determined by the Forks Township Board of Supervisors or the Commonwealth of Pennsylvania to be injurious to public health, crops, livestock, agricultural land or other property. Such vegetation is listed in § 191-3.
All species of running bamboo, including but not limited to Acidosasa, Arundinaria, Bashania, Brachystachyum, Chimonobambusa, Gelidocalamus, Indocalamus, Indosasa, Ochlandra, Phyllostachys, Pleioblastus, Pseudosasa, Sasa, Sasaella, Semiarundinaria, Shibataea, Sinobambusa, and those commonly known as Common Bamboo, Golden Bamboo and Arrow Bamboo.
A. 
No person, firm, corporation, property owner, or possessor of property shall plant, cause to grow or cultivate any running bamboo on any lot or parcel of ground, subject to the following exceptions:
(1) 
The root system of the running bamboo plants is entirely contained within an aboveground planter, barrel or other container of such design, material and location as to prevent the spread of the running bamboo root system beyond the confines of the container in which it is contained; or
(2) 
The root system is planted in the ground but is entirely contained within a barrier, constructed in accordance with the following specifications:
(a) 
The barrier itself shall be composed of a high-density polypropylene or polyethylene, with a thickness of at least 40 mils;
(b) 
The barrier shall be secured and joined together by stainless steel clamps or stainless steel closure strips designed to be used with such barriers;
(c) 
The barrier shall be installed at least 30 inches deep;
(d) 
At least three inches of the barrier must protrude above ground level around the entire perimeter of the bamboo;
(e) 
The barrier shall slant outward from the bottom to top.
(3) 
Whether planted or growing in a container, as described herein, all bamboo plants shall be located, controlled and maintained so that no part of the plant is closer than 10 feet from any public right-of-way or property line or encroaching upon adjacent property.
B. 
The owner of any property in Forks Township on which running bamboo is growing in violation of § 191-4A(3) shall remove all parts of the running plant(s) that are closer than 10 feet from any public right-of-way or property line. If the violation is the result of encroachment of the root system, the owner of the property shall remove all running bamboo plant(s) from the property or shall install the barrier described in § 191-4A(2).
A. 
Whenever a complaint is received by the Township regarding the encroachment of any restricted vegetation onto a public right-of-way and/or adjacent property, or whenever the Township on its own observations and inspections determines that there is an encroachment of restricted vegetation onto a public right-of-way, the Township shall take the necessary steps to verify that a violation of this article has occurred. If a violation has occurred, the Township shall give notice to the property owner to control and/or remove the offending restricted vegetation plant.
(1) 
The notice shall be mailed by certified mail, return receipt requested, properly addressed and with sufficient postage. Notice by certified mail shall be deemed complete on the date of personal delivery. If the certified mail is marked "refused," "unclaimed" or otherwise undeliverable by the United States Postal Service, notice will be sent by regular mail and by posting the notice on the property.
(2) 
The notice shall specify the nature of the violation.
(3) 
The notice shall state specifically what must be done by the responsible party to correct the violation and come into compliance with this article. The notice shall specify, as appropriate, the practices and processes to be followed and shall set a time frame for compliance.
(4) 
The notice shall state that failure to comply with the compliance time frame will result in the removal of the offending vegetation by the Township and that the responsible party will be billed for all costs incurred by the Township. The Township may, in its discretion, elect to issue a citation daily until such time as the offending restricted vegetation or root system is removed by the property owner, and the notice should so advise the responsible party.
B. 
Compliance with the provisions of the notice shall be subject to the inspection of the Forks Township Code Enforcement Officer.
Any property owner determined by any court of competent jurisdiction to have violated this article shall be subject to pay a fine of $100 per day for each day that the violation persists as well as court costs, legal fees and any other fees incurred by the Township to enforce this article against the responsible party. Each day of a continuing violation shall constitute a separate offense, for which a separate fine shall be levied.