[Ord. No. 598, 8/22/2018]
This Part shall be known and may be cited as the "Northampton
Township Bamboo Ordinance."
[Ord. No. 598, 8/22/2018]
Northampton Township has determined that the planting, cultivating
and growing of certain running plants, particularly those plants commonly
referred to as "bamboo," within Northampton Township has a negative
impact on the health, safety and welfare of the citizens of Northampton
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 Northampton Township. Northampton Township has therefore
determined that is in the best interests of the citizens of Northampton
Township and the public at large to control the planting, cultivating
and/or growing said bamboo plants within Northampton Township, primarily
by prohibiting the future planting, cultivating and/or growing of
said bamboo plants within Northampton Township, and by requiring the
use of barriers to prevent the invasive spread of existing bamboo
plants within Northampton Township.
[Ord. No. 598, 8/22/2018]
As used in this Part, the following terms shall have the meanings
indicated:
Any monopodial (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.
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:
He/she/it has provided satisfactory proof to Northampton 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
He/she/it has initiated steps for the removal of the bamboo
from the property, including remedies at law.
Northampton Township, Bucks County, Pennsylvania.
[Ord. No. 598, 8/22/2018]
1.
For purposes of this Part, 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 and/or over the subject property, subject to
the definition of "bamboo owner" above.
2.
Prohibition. Upon the effective date of this Part, 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 Part and shall be subject to
such penalties as are set forth herein.
3.
This Part 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.
4.
Exceptions. Notwithstanding the prohibitions set forth in § 10-404, Subsection 2, above, upon the effective date of this Part, 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:
A.
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
B.
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:
(1)
The barrier itself shall be composed of a high-density polypropylene
or polyethylene, with a thickness of 40 ml or more;
(2)
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;
(3)
The barrier shall be installed not less than 30 inches deep;
(4)
The barrier shall be circular or oblong shaped;
(5)
Not less than three inches of the barrier shall protrude above
ground level around the entire perimeter of the bamboo; and
(6)
When installed, the barrier shall slant outward from the bottom
to top.
C.
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.
5.
Any bamboo that has been planted or otherwise permitted to grow on
any property within the Township prior to the effective date of this
Part may remain on such property subject to compliance with the following:
A.
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.
B.
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.
C.
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 Part 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 § 10-404, Subsection 4B, above.
6.
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 Part 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 attorneys' 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.
7.
Replanting prohibited. Any bamboo either planted or caused to be planted or existing on a property prior to the effective date of this Part 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 § 10-404, Subsection 4, above.
[Ord. No. 598, 8/22/2018]
Any person, property owner, tenant, and/or other individual,
entity, and/or corporation who violates any of the provisions of this
Part 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 Part shall
constitute a separate offense.
