[Adopted 12-11-2017 by Ord. No. 2017-13]
The purpose of this article is to preserve and protect private
and public property from the damaging spread of running bamboo, protect
indigenous plant materials from the invasive spread of running bamboo
and maintain the general welfare of the residents of Marple Township.
As used in this article, the following terms shall have the
meanings indicated:
Any type of the roughly 1,450 species of bamboo known throughout
the world from the grass family Poaceae, subfamily Bambusoideae, tribe
Bambuseae.
Any property owner or resident who has planted and/or grows
bamboo, or who maintains bamboo on the property. Any property owner
or resident of property at or on which bamboo is found will be considered
a bamboo owner, except any property owner or resident who:
Did not plant or grow or cause bamboo to be planted or grown
on his property; and
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 advised the owner of such property of his objection to the encroachment
of the bamboo; and
Has initiated steps for the removal of the bamboo from the property,
including remedies at law.
Any sympodial or pachymorph rhizome structure-bearing bamboo,
including but not limited to Fargesia, Thamnocalamus, Chusquea, and
Borinda. Clumping bamboos are also fast-growing but not as invasive
as running bamboo. However, the thick root system can be very damaging
to roads and other structures.
Any monopodial or leptomorph rhizome structure-bearing bamboo,
including but not limited to Phyllostachys and Pseudosasa (botanical
names names of common bamboo, golden bamboo and arrow bamboo). Fallopia
japonica, (Japanese knotweed) shall also be considered running bamboo
for the purposes of this article. Running bamboo is extremely fast-growing
and highly invasive.
For purposes of the article, bamboo found growing upon a property
shall constitute presumptive evidence that the bamboo was planted
and/or grown with the consent of the bamboo owner.
Upon the effective date of this article, the planting or growing
of running bamboo shall be prohibited within the Township. Any person
who thereafter plants, grows, causes to be planted, or permits the
planting or growing of running bamboo shall be deemed to be in violation
of this section, and shall be subject to such penalties as are set
forth herein.
Any running bamboo that has been planted or otherwise permitted
to grow on any property within the Township prior to the effective
date of this section, or any clumping bamboo planted or permitted
to grow after the effective date of this section, may remain on such
property subject to compliance with this section.
A.Â
bamboo shall not be maintained or otherwise permitted to exist within
40 feet of the edge of any sidewalk, public or private roads, right-of-way,
access easements or property line of any parks or other public property
in the Township.
B.Â
Any bamboo owner whose property contains running bamboo shall remove
and abate the growth of the bamboo within 40 feet of the edge of any
sidewalk, public or private roads, right-of-way, access easements
or property line of any parks or other public property in the Township.
C.Â
Each bamboo owner shall be responsible to ensure that the running
bamboo planted or growing on his/her property prior to the effective
date of this section does not encroach or grow upon any adjoining
property or rights-of-way.
D.Â
Prior to planting any clumping bamboo, as regulated by this section,
all property owners or tenants in possession must provide a written
certification from a certified Pennsylvania horticulturist or other
similarly qualified individual that the bamboo being planted is a
clumping bamboo and is being planted in accordance pursuant to regulations
of this section.
E.Â
Any bamboo owner of running bamboo shall be required take such measures as are reasonably expected to prevent such bamboo from invading or growing onto areas identified in the above Subsections A, B and C. Measures shall include, but not be limited to, installation of sheathing comprised of metal or other material impenetrable by bamboo at least 30 inches deep within the property line or lines where the bamboo is planted or is growing to prevent its growth or encroachment on adjoining property.
In the event that bamboo growing on a bamboo owner's property
violates any provision of this article, the Township shall notify
the bamboo owner in writing, by both certified mail, return receipt
requested, and regular mail, that the bamboo owner is responsible
for the removal of the bamboo. If the bamboo is not removed from Township
property within 30 days of the notice, the Township, at its discretion,
may remove or arrange for the removal of such bamboo, to the extent
it does not comply with the regulations of this article. The bamboo
owner shall be liable and responsible to the Township for all costs
incurred in removing the bamboo, and such costs may be collected by
the Township by lien and/or otherwise as may be authorized by the
laws of this state.
Any running bamboo, either planted or caused to be planted or
existing on a property prior to the effective date of this article,
may not be replanted or replaced in kind once such said running bamboo
is or has become, for any reason, dead, destroyed, uprooted or otherwise
removed.
Any person, firm, corporation or entity violating any provision
of this article shall, in addition to the other charges hereinbefore
provided for each offense, upon summary conviction before any Magisterial
District Justice, pay a fine of not exceeding $1,000 for each offense,
plus costs of prosecution. Also, in default of said payment of the
fines and costs, the violator may be sentenced to the county jail
for a term of not more than 30 days. Each and every day in which any
person, firm, corporation or entity is in violation of this article
shall constitute a separate offense.
