[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.
A.
BAMBOO
BAMBOO OWNER
PERSON
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.
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.
B.
Prohibition. Except for preexisting bamboo, the planting, growing
or cultivating of running bamboo by any person shall be prohibited
within the Township.
(1)
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.
C.
Preexisting bamboo.
(1)
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.
(2)
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.
(3)
Any property owner who has a bamboo encroachment upon their property
from an adjacent property shall notify the Township for assistance
in remediation.
A.
Notice of violation.
(1)
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.
(2)
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.
(3)
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.
B.
Violations, penalties, and remedies.
(1)
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.
(2)
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.
