Any weeds, including but not limited to jimson, burdock, ragweed,
thistle, cocklebur or other weeds of like kind, or any vines, grasses
or other noxious or objectionable vegetation (including normal grass
lawn areas) in excess of 10 inches in height, or any bamboo growing
on any lot or tract of ground in the Township, are hereby declared
to be a public nuisance and health hazard. It is hereby declared to
be unlawful for any property owner or occupant to permit any such
weeds, vines, grasses or other objectionable vegetation to grow or
remain on any lot or tract of ground in the Township.
The following special regulations pertain to bamboo, as herein
defined, the purpose of which is to preserve and protect private and
public property and indigenous plants from the damaging spread of
these plants.
(a) Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
BAMBOO
Any monopodial (running) tropical or semitropical grasses
from the genre Bambusa including, but not limited to, Bambusa, Phyllostachys,
and Pseudosasa, as well as Common Bamboo, Golden Bamboo, and Arrow
Bamboo.
(b) Prohibition. Upon the effective date of this chapter, the planting
or growing of bamboo shall be prohibited within the Township. Any
person thereafter who plants or grows, or causes to be planted or
grown, bamboo within the Township shall be deemed in violation of
this chapter, and shall be subject to such penalties as are set forth
herein.
(c) Regulation. Any bamboo that has been planted or otherwise permitted
to grow on any lot or tract of ground within the Township prior to
the effective date of this chapter may remain on such lot or tract
of ground, subject to compliance with the following:
(1)
Bamboo shall not be planted, maintained, or otherwise permitted
to exist within 40 feet of the edge of the pavement or traveled portion
of a public or private road or sidewalk in the Township, within 40
feet of the property line of any Township/public property, or within
25 feet of the property line of an adjoining or neighboring property.
(2)
Each property owner shall be required to take such measures
as are reasonably expected to prevent such bamboo from invading the
setbacks set forth in Subsection (c)(1) above. Such measures shall
include, but are not limited to, 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 such growth or encroachment upon adjoining
or neighboring properties.
(d) Removal from Township property.
(1)
In the event that bamboo growing on a lot or tract of ground
invades or spreads onto adjoining or neighboring property that is
owned or held on behalf of the Township, the Township shall notify
the property owner in writing that the bamboo has invaded the Township
property and that the property owner is responsible for the removal
of such bamboo from the Township property. This notice shall be sent
via certified mail, return receipt requested, and by regular mail
to the latest address of the property owner on file with the Township
and a copy of the notice shall also be posted at the property upon
which bamboo is growing or has spread.
(2)
In the event that the owner of the property upon which bamboo
is growing does not remove or contract for the removal of the bamboo
from the Township property, or does not make an arrangement agreeable
to the Township for removal of such bamboo within 30 days from the
date the Township first provided notice pursuant to the above, the
Township, at its discretion, may remove or arrange for the removal
of such bamboo from the Township property. The owner of property upon
which bamboo is growing shall be liable and responsible to the Township
for the cost incurred for removal of the bamboo from the Township
property. Such costs, if unpaid 30 days after the Township's
written request for payment, shall constitute a lien on the property
and may be collected in the manner provided by law for the collection
of municipal claims.
(e) Replanting prohibited. Any bamboo either planted or caused to be
planted or existing on a property prior to the effective date of this
section may not be replanted or replaced once such bamboo is or has
become, for any reason, dead, destroyed, uprooted, or otherwise removed.