[Adopted 1-28-2019 by Ord. No. 2019-03]
This article shall be known and may be cited as the "Upper Gwynedd Township Bamboo Ordinance."
Upper Gwynedd Township has determined that the planting, cultivating and growing of certain running plants, particularly those plants commonly referred to as "bamboo," within Upper Gwynedd Township has a negative impact on the health, safety and welfare of the citizens of Upper Gwynedd Township and the public at large, as the uncontrolled planting, cultivating and growth of said bamboo plants results in the destructive spread of said plants onto private and public property and thereby constitutes a nuisance within Upper Gwynedd Township. Upper Gwynedd Township has therefore determined that is in the best interests of the citizens of Upper Gwynedd Township and the public at large to control the planting, cultivating and/or growing of said bamboo plants within Upper Gwynedd Township, primarily by prohibiting the future planting, cultivating and/or growing of said bamboo plants within Upper Gwynedd Township, and by requiring the use of barriers to prevent the invasive spread of existing bamboo plants within Upper Gwynedd Township.
As used in this article, the following terms shall have the meanings indicated:
BAMBOO
Any monopidial (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 and/or resident, corporation and/or other entity who has planted and/or grows bamboo, or who maintains and/or cultivates bamboo on his/her/its property, or who permits bamboo to grow or remain on property, even if the bamboo has spread from an adjoining property. Any property owner and/or resident, corporation and/or other entity owning, residing, occupying or doing business on property on which bamboo is found shall be considered a bamboo owner. A property owner and/or resident, corporation and/or other entity will not be considered to be a bamboo owner if:
A. 
He/she/it has provided satisfactory proof to Upper Gwynedd Township that, within a reasonable period of time not to exceed 60 days after discovering the encroachment of bamboo onto the subject property from an adjoining or neighboring property, he/she/it advised the owner of such property of his/her/its objection to the encroachment of the bamboo; and
B. 
He/she/it has initiated steps for the removal of the bamboo from the property, including remedies at law.
TOWNSHIP
Upper Gwynedd Township, Montgomery County, Pennsylvania.
A. 
For purposes of this article, bamboo found growing upon a property shall constitute presumptive evidence that the bamboo was planted, cultivated and/or grown by, and/or with the consent of, the subject property owner, tenant, and/or any other individual, entity or corporation then having control of over the subject property, subject to the definition of "bamboo owner," above.
B. 
Prohibition. Upon the effective date of this article, the planting, cultivating and/or growing of bamboo shall be prohibited within the Township. No persons, property owners, tenants, and/or other individuals, entities, and/or corporations having control of and/or over any property located within the Township shall plant, cultivate, and/or cause to grow any bamboo on any real property within the Township. Any person who plants, cultivates, and/or grows, and/or causes or allows to be planted, cultivated and/or grown, bamboo within the Township shall be deemed to be in violation of this article and shall be subject to such penalties as are set forth herein.
C. 
This article shall not be deemed to alter or abrogate any rights at common law, or otherwise, that any persons, property owners, tenants, and/or other individuals, entities, and/or corporations may have to recover the cost of removal of any bamboo found on their own property that has encroached from a neighboring property.
D. 
Exceptions. Notwithstanding the prohibitions set forth in § 127-22B, above, upon the effective date of this article, persons, property owners, tenants, and/or other individuals, entities, and/or corporations having control of and/or over any property located within the Township shall be permitted to plant, cultivate, and/or cause to grow bamboo on any real property within the Township only if:
(1) 
The root system of such bamboo is entirely contained within an aboveground level planter, barrel or other vessel of such design, material, and location as to prevent completely the spread of growth of the bamboo root system beyond the container in which it is planted; or
(2) 
The root system of such bamboo is contained within and/or restricted by a barrier, constructed in accordance with the following specifications, and installed by an experienced installer with certification provided to the Township:
(a) 
The barrier itself shall be composed of a high-density polypropylene or polyethylene, with a thickness of 40 mL, or more;
(b) 
Each portion worksheet of the barrier shall be secured or joined together by the use of stainless-steel clamps or stainless-steel closure strips designed to be used with such barriers;
(c) 
The barrier shall be installed not 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; and
(f) 
When installed, the barrier shall slant outward from the bottom to top.
(3) 
Any and all bamboo existing pursuant to this shall, at all times, be located, trimmed and maintained so that no bamboo, or any part thereof, shall be within 10 feet of any property line, curb, and/or sidewalk, or within 40 feet of any roadway, cartway, street, storm sewer, sanitary sewer and/or public water facilities 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 article may remain on such property subject to compliance with the following:
(1) 
The bamboo shall not be within 10 feet of any property line, curb, and/or sidewalk, or within 40 feet of any roadway, cartway, street, storm sewer, sanitary sewer and/or public water facilities within the Township.
(2) 
Any bamboo owner whose property contains bamboo that is located within 10 feet of any property line, curb, and/or sidewalk, or within 40 feet of any roadway, cartway, street, storm sewer, sanitary sewer and/or public water facilities within the Township shall remove such bamboo and shall abate the growth of such bamboo so that it is not within 10 feet of any property line, curb, and/or sidewalk, nor within 40 feet of any roadway, cartway, street, storm sewer, sanitary sewer and/or public water facilities within the Township.
(3) 
A bamboo owner shall further be responsible to ensure that any bamboo planted and/or growing on the property of the bamboo owner prior to the effective date of this article 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. If the Township determines that any such bamboo, or part thereof, has been allowed to encroach, grow upon, extend roots across, and/or extend branches, stalks and/or leaves over any public right-of-way and/or any private property not owned by and/or in the possession of the bamboo owner, the bamboo owner shall be required to comply with the provisions of § 127-22D(2), above.
F. 
Removal. In the event that a bamboo owner does not remove or contract for the removal of any bamboo that is found to be in violation of any of the provisions of this article within 30 days of the date of notice of violation issued by the Township, the Township may, at its discretion, and in addition to any and all other enforcement actions available to it, take any and all actions necessary to effectuate the removal of such bamboo. The bamboo owner shall be liable and responsible to the Township for any and all costs incurred by the Township in effectuating the removal of such bamboo, including reasonable attorney's fees. Such costs may be assessed against the property of the bamboo owner and entered as a lien on the property. Nothing herein shall be construed to create any affirmative obligation on the part of the Township to abate or remove any bamboo within the Township.
G. 
Replanting prohibited. Any 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 running bamboo is or has become, for any reason, dead, destroyed, uprooted or otherwise removed, unless such replanting is consistent with the provisions of § 127-22D, above.
Any person, property owner, tenant, and/or other individual, entity, and/or corporation who violates any of the provisions of this article shall, upon conviction before any Magisterial District Justice, be guilty of a summary offense and shall be required to pay a fine not exceeding $1,000 and costs of prosecution, in addition to all other costs hereinbefore provided. Each and every day on which any person, property owner, tenant, and/or other individual, entity, and/or corporation shall be in violation of the provisions of this article shall constitute a separate offense.