[Adopted 12-4-2017 by Ord. No. 2017-1]
As used in this article, the following terms shall have the
meanings indicated:
PLANT
A living organism exemplified by trees, flowers, grasses,
shrubs, herbs, mosses, ferns, et al. The word "plant" shall be understood
to mean any and all parts of a plant, including stem and stalk, leaves,
seed pods, flowers and fruit, and roots.
RESTRICTED VEGETATION
Any plant that is determined by the North Whitehall Township
Board of Supervisors or the Commonwealth of Pennsylvania to be injurious
to public health, crops, livestock, agricultural land or other property.
Such vegetation is listed as restricted below.
All species of running bamboo, including, but not limited to,
Acidosasa, Arundinaria, Bashania, Brachystachyum, Chimonobambusa,
Gelidocalamus, Indocalamus, Indosasa, Ochlandra, Phyllostachys, Pleioblastus,
Pseudosasa, Sasa, Sasaella, Semiarundinaria, Shibataea, Sinobambusa,
and those commonly known as "common bamboo," "golden bamboo," and
"arrow bamboo."
No person, firm, corporation, property owner, or possessor of
property shall plant, cause to grow or cultivate any running bamboo
on any lot or parcel of ground, subject to the following exceptions:
A. The root system of the running bamboo plants is entirely contained
within an aboveground planter, barrel or other container of such design,
material, and location as to prevent the spread of the running bamboo
root system beyond the confines of the container in which it is contained;
or
B. The root system is planted in the ground but is entirely contained
within a barrier, constructed in accordance with the following specifications:
(1) The barrier itself shall be composed of a high-density polypropylene
or polyethylene, with a thickness of at least 40 mils;
(2) The barrier shall be secured and joined together by stainless steel
clamps or stainless steel closure strips designed to be used with
such barriers;
(3) The barrier shall be installed at least 30 inches deep;
(4) At least three inches of the barrier must protrude above ground level
around the entire perimeter of the bamboo;
(5) The barrier shall slant outward from the bottom to top.
C. Whether planted or growing in a container, as described herein, all
bamboo plants shall be located, controlled and maintained so that
no part of the plant is closer than 10 feet from any public right-of-way
or property line and shall not encroach upon adjacent property.
The owner of any property in North Whitehall Township on which running bamboo is growing in violation of this article shall remove all parts of the running plants that are closer than 10 feet from any public right-of-way or property line. If the violation is the result of encroachment of the root system, the owner of the property shall remove all running bamboo plants from the property or shall install the barrier described in §
290-3B above.
Whenever a complaint is received by the Township regarding the
encroachment of any restricted vegetation onto a public right-of-way
and/or adjacent property, or whenever the Township on its own observations
and inspections determines that there is an encroachment of restricted
vegetation onto a public right-of-way, the Township shall take the
necessary steps to verify that a violation of this article has occurred.
If a violation has occurred, the Township shall give notice to the
property owner to control and/or remove the offending restricted vegetation
plant or plants.
A. The notice shall be mailed by certified mail, return receipt requested,
properly addressed and with sufficient postage. Notice by certified
mail shall be deemed complete on the date of personal delivery. If
the certified mail is marked "refused," "unclaimed" or otherwise undeliverable
by the United States Postal Service, notice will be sent by regular
mail and by posting the notice on the property.
B. The notice shall specify the nature of the violation.
C. The notice shall state specifically what must be done by the responsible
party to correct the violation and come into compliance with this
article. The notice shall specify, as appropriate, the practices and
processes to be followed and shall set a time frame for compliance.
D. The notice shall state that failure to comply within the compliance
time frame may result in the removal of the offending vegetation by
the Township and that the responsible party will be billed for all
costs incurred by the Township. The Township may, in its discretion,
elect to issue a citation daily until such time as the offending restricted
vegetation or root system is removed by the property owner, and the
notice should so advise the responsible party.
Compliance with the provisions of the notice shall be subject
to the inspection of the North Whitehall Township Zoning Officer.
Any property owner determined by any court of competent jurisdiction
to have violated this article shall be subject to pay a fine of $100
per day for each day that the violation persists as well as court
costs, legal fees, and any other fees incurred by the Township to
enforce this article against the responsible party. Each day of a
continuing violation shall constitute a separate offense, for which
a separate fine shall be levied.
All other ordinances or parts of ordinances in conflict herewith
in whole or in part are hereby repealed, but only to the extent of
such conflict.
This article shall take effect five days after the enactment
thereof.
The Township Secretary to the Board of Supervisors of North
Whitehall Township shall certify to the adoption of this article,
after the public hearing thereon, and this meeting of the Board being
a duly authorized and advertised public meeting, and shall cause the
same to be filed, as required by law.