[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.
- BAMBOO OWNER
- 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:
- A. Did not plant or grow or cause bamboo to be planted or grown on his property; and
- B. 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
- C. Has initiated steps for the removal of the bamboo from the property, including remedies at law.
- CLUMPING BAMBOO
- 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.
- RUNNING BAMBOO
- 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.
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.
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.
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.
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.
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.