[HISTORY: Adopted by the Board of Commissioners of the Township of Radnor 6-24-2019 by Ord. No. 2019-05. Amendments noted where applicable.]
The purpose of this chapter is to preserve and protect private and public property from the damaging spread of certain bamboo grasses, protect indigenous plant materials from the invasive spread of bamboo, and maintain the general welfare of residents of Radnor Township.
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
- Any monopodial (running) woody or arborescent grasses from the genera bambusa, arundinaria and dendrocalamus of the subfamily bambusoideae, from tropical or temperate regions having hollow stems and thick rhizomes, including, but not limited to, Acidosasa, Arundinaria, Bashania, Brachhystachyum, Chimonbambusa, Gelidocalamus, Indocalamus, Indosasa, Ochlandra, Phyllostachys, Pleioblastus, Pseudosasa, Sasa, Sasaella, Semiarundinaria, Shibataea, and Sinobambusa.
- BAMBOO OWNER
- Any person who has planted and/or grows bamboo on their property; who maintains bamboo on their property; or who permits bamboo to grow or remain on their property.
- Any individual, corporation, partnership, joint venture, unincorporated association, agency, or other group acting as a unit, or combination thereof.
- The Township of Radnor, County of Delaware, Commonwealth of Pennsylvania.
Prohibition. Except for preexisting bamboo, the planting, growing or cultivating of running bamboo by any person shall be prohibited within the Township.
Any person who hereafter plants or causes to be planted bamboo within the Township, shall be deemed to be in violation of this chapter, and shall be subject to such penalties as are set forth herein.
The owner of any premises on which running bamboo plants or roots currently exist shall manage, trim or cut all running bamboo contained on such property. Running bamboo, including the root system, shall be no closer than 10 feet from any public right-of-way or any property line. Barriers shall be provided to prevent future encroachment of running bamboo or root system into these areas.
In the event that the bamboo encroaches within any public right-of-way or adjacent property, the Township may issue an encroachment notice for removal of such bamboo within 90 days from the date of the encroachment notice. If the owner fails to remove the encroachment the Township may enter the property and remove the encroachment at owner's cost. If such costs are unpaid more than 30 days after the demand for payment has been made by the Township on the bamboo owner, the Township may lien the property of the bamboo owner for these costs, plus interest, fees, and expenses, as allowed by law.
Any property owner who has a bamboo encroachment upon their property from an adjacent property shall notify the Township for assistance in remediation.
Notice of violation.
Each bamboo owner shall be responsible to ensure that any bamboo on their property does not violate the provisions of this chapter. In the event that there is any bamboo growing in violation of the provisions of this chapter, the Township shall notify the bamboo owner in writing of the existence of such violation. Said notice of violation shall be served by handing it directly to the bamboo owner; by mailing it to the last known address of the bamboo owner; or by posting the property at a conspicuous location.
Any bamboo owner receiving a notice of violation shall bring their property into compliance with this chapter within 30 days of the owner's receipt of said notice. If the bamboo owner fails to bring their property into compliance with the notice and this chapter, then the Township may issue a nontraffic citation against the bamboo owner.
In addition, where a bamboo owner does not remedy and correct the violations set forth in any notice of violation issued to them, the Township may remove any bamboo that is in violation of this chapter located upon the bamboo owner's property; take all reasonable action to eradicate its regrowth; and/or restore any real property to its natural condition prior to such removal and eradication. Any costs incurred by the Township in removing any bamboo and/or remedying any violation of this chapter shall be at the expense of the bamboo owner, and in the event that the costs remain unpaid more than 30 days after the demand of payment has been made by the Township on the bamboo owner, the Township may lien the property of the bamboo owner for these costs, plus interest, fees, and expenses, as allowed by law.
Violations, penalties, and remedies.
Upon summary conviction before any Magisterial District Judge, any person violating any of the provisions of this chapter shall, in addition to the other charges hereinbefore provided for each offense, pay a fine not exceeding $500, plus all court costs, including reasonable attorney's fees, incurred as a result of the prosecution. Each and every day in which a person shall be in violation of this chapter shall constitute a separate offense.
In addition, the Township Board of Commissioners may institute suits, in equity or at law, to restrain, prevent, or abate a violation of this chapter. Such proceedings may be initiated before any court of competent jurisdiction. The expense of such proceedings shall be recoverable from the violator in any manner as may now or hereafter be provided by law.