[Ord. No. 2019-556, 7/10/2019]
This Part shall be known and may be cited as the "Red Hill Borough
Bamboo Ordinance."
[Ord. No. 2019-556, 7/10/2019]
The Borough has determined that the planting, cultivating and/or
growing of bamboo plants and grasses within Red Hill Borough has a
negative impact on the health, safety and welfare of the citizens
of Red Hill Borough and the public at large, as the uncontrolled planting,
cultivating and growth of bamboo plants and grasses results in the
destructive spread of said plants and grasses onto private and public
property and thereby constitutes a nuisance within Red Hill Borough.
Red Hill Borough Council has therefore determined that it is in the
best interests of the citizens of the Borough and the public at large
to control the planting, cultivating and/or growing of bamboo plants
and grasses within the Borough, primarily by prohibiting the future
planting, cultivating and/or growing of bamboo plants and grasses
within the Borough, and by requiring the use of barriers to prevent
the invasive spread of existing bamboo plants and grasses within the
Borough.
[Ord. No. 2019-556, 7/10/2019]
As used in this Part, 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. Fallopia japonica, commonly known as Japanese knotweed,
although not bamboo, is an invasive plant that resembles bamboo and
shall also be considered bamboo for the purposes of this Part.
Any property owner or occupant who has planted or grows bamboo,
or who maintains or cultivates bamboo on his/her property, or who
permits bamboo to grow or remain on the property even if the bamboo
has spread from an adjoining property. Any owner or occupant of property
on which bamboo is found shall be presumed to be a bamboo owner unless
the property owner is able to rebut the presumption as follows:
The property owned did not plant or grow or cause bamboo to
be planted or grown on the property;
The property owned has provided satisfactory proof to the Borough
that, within a reasonable period of time not to exceed 60 days after
discovering the encroachment of bamboo onto the property from an adjoining
or neighboring property, the owner or occupant advised the owner of
such property of his objection to the encroachment of the bamboo;
and
The property owned has initiated steps within not more than
90 days after discovery for the removal of the bamboo from the property,
including but not limited to remedies at law.
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. Clumping bamboo's thick root system, however, can
be very damaging to roads and other structures.
Any monopodial or leptomorph rhizome structure bearing bamboo,
including but not limited to Phyllostachys, Fallopia and Pseudosasa,
as well as Common Bamboo, Golden Bamboo and Arrow Bamboo. Japanese
knotweed shall be considered running bamboo for the purpose of this
Part. Running bamboo is extremely fast growing and highly invasive.
[Ord. No. 2019-556, 7/10/2019]
For purposes of this Part, any bamboo found growing upon a property shall constitute presumptive evidence that the bamboo was planted and/or grown by and/or with the consent of the bamboo owner unless such presumption is rebutted as set forth in the definition of "bamboo owner" in § 10-503 herein.
[Ord. No. 2019-556, 7/10/2019]
Upon the effective date of this Part, the planting, cultivating
and/or growing of bamboo shall be strictly prohibited within the Borough
of Red Hill. No person or entity owning, occupying or having control
of any property located within the Borough shall plant, cultivate,
and/or cause to grow any new bamboo on any real property within the
Borough. Any person or entity who plants, cultivates and/or grows
bamboo, or causes or allows to be planted, cultivated and/or grown
bamboo within the Borough after the effective date of this Part shall
be deemed to be in violation of this Part and shall be subject to
such penalties as are set forth herein.
[Ord. No. 2019-556, 7/10/2019]
Any bamboo that has been planted or otherwise permitted to grow
on any property within the Borough prior to the effective date of
this Part may remain on such property, provided all of the following
requirements are complied with within 45 days of the effective date
of this Part and continuously thereafter:
A.
All existing bamboo shall be located, trimmed and maintained so that
no bamboo shall be maintained or otherwise permitted to exist within
10 feet of the property line or 40 feet of the edge of any pavement,
public road, storm sewer improvements, sanitary sewer line or public
water line in the Borough.
B.
Any bamboo planted or otherwise permitted to grow on any property
prior to the effective date of this Part may not be replanted or replaced
in kind once such bamboo is or has become, for any reason, dead, destroyed,
uprooted, or otherwise removed.
C.
Each bamboo owner shall ensure that the bamboo planted or growing
on the property prior to the effective date of this Part does not
encroach or grow upon any adjoining or neighboring property, including
all public property and Borough rights-of-way.
D.
Each bamboo owner shall take such measures as are necessary or appropriate
to prevent bamboo from invading or growing onto adjoining or neighboring
properties. Such measures shall include, but not be limited to, installation
of sheathing comprised of metal, high-density polypropylene or polyethylene
material, 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 the growth or encroachment by the bamboo
upon adjoining or neighboring property.
E.
From and after the effective date of this Part, bamboo may only be
planted and cultivated if the root system is entirely contained within
an above ground-level planter, barrel, or other vessel of such design,
material, and location as to entirely prevent the spread of growth
of the bamboo plants' root system beyond the container in which it
is planted.
[Ord. No. 2019-556, 7/10/2019]
In the event of a violation of this Part, the Borough shall
give notice to the owner and/or occupant of the property, or both,
at the Borough's discretion, and said notice shall be substantively
in conformance with the following:
A.
The notice shall be mailed by certified mail, return receipt requested,
to the latest address of the bamboo owner on file with the Borough.
Notice by certified mail shall be deemed complete on the date of delivery.
If the certified mailing is marked refused or unclaimed, then the
notice shall be posted on the property in a conspicuous place and
notice shall be deemed complete at the time of posting.
B.
The notice shall specify the nature of the violation.
C.
The notice shall state that the violation must be corrected within
45 days from the date of mailing or posting, whichever is later.
D.
The notice shall state specifically what must be done by the bamboo
owner to correct the violation.
E.
The notice shall state that failure to comply within 45 days will
result in the entry onto the property and removal of the violation
by the Borough at the property owner's expense and/or in the issuance
of a citation for each day the violation exists, the institution of
civil proceedings against the property owner for injunctive relief
or other civil relief, as well as the criminal penalties for such
violations.
[Ord. No. 2019-556, 7/10/2019]
1.
Removal. If the bamboo owner does not remove or contract for the
removal of the bamboo that is found to be in violation of this Part
within 45 days of the date of notice of violation issued by the Borough,
the Borough 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 Borough for all costs incurred
by the Borough in effectuating the removal of such bamboo, including
reasonable attorney's fees, together with a penalty of 10% of the
costs thereof. 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 Borough to abate or remove any bamboo within the Borough.
2.
Penalties. Any person or entity who violates any provision 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 of not less than $25 per day, nor more than $600 per day for each day the violation existed after the date for removal as set forth in the notice provided pursuant to § 10-507. Each day of a continuing violation shall constitute a separate offense for which a fine can be levied.
