[Ord. No. 2021-O-2, 11/10/2021][1]]
1. 
The purpose of this Part is to protect and promote the public health and safety through the control of the growth of noxious weeds and invasive plant species or vegetated areas that adversely affect human health or safety or pose a threat to agricultural activity. It is also the purpose of this Part to recognize that non-native plants may have beneficial uses through the development of varieties, cultivars, or variants, and in doing so may provide economic or other benefits for the public, and that it can be a benefit for the Board of Supervisors to regulate their cultivation and control of other processes.
2. 
It is also the express intent of the Board of Supervisors to allow for the preservation, restoration, and management of native plants and their communities, including, but not limited to, ferns, grasses, forbs, vines, aquatic plants, trees, and shrubs in a landscape when not in violation of state and federal laws.
[1]
Editor's Note: This ordinance amended in its entirety former Part 1, Vegetation, adopted by Ord. No. 37-1965, 11/1/1965; as amended by Ord. 1983-O-123, 8/15/1983; by Ord. No. 91-O-11, 7/22/1991; by Ord. No. 92-O-6, 11/11/1992; and by Ord. No. 97-O-22, 12/3/1997.
[Ord. No. 2021-O-2, 11/10/2021]
1. 
As used in this Part, the following terms shall have the meanings indicated:
AGRICULTURE
Products raised or produced on farms intended for human consumption and related processed or manufactured products.
CONTROLLED PLANT
A Pennsylvania Department of Agriculture regulated plant for which a permit is required for cultivation, processing, sale, distribution, and research.
HEMP
All parts and varieties of the plant Cannabis sativa L., and any part of such plant cultivated or possessed by a Pennsylvania registered holder, whether growing or not, with a post decarboxylated delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3% on a dry weight basis. Hemp is recognized as a viable, valuable, sustainable agricultural commodity subject to both federal and Pennsylvania oversight and regulation. Cultivation, processing, and sale are allowed by state permit.
INVASIVE PLANT
An invasive plant is one which grows aggressively, spreads, displaces other plants and has generally been introduced from other continents. Lacking natural predators, disease, or other natural controls, these plants can dominate large areas, diminish and/or limit biodiversity, are expensive to control and are directly responsible for the extinction and loss of natural plants that have evolved in communities with other plants, wildlife, insects, and other microorganisms. Lists of invasive plants are identified by the Pennsylvania Department of Agriculture, and the Pennsylvania Department of Conservation and Natural Resources maintains a periodically updated list of invasive plants that is available to the general public. The DCNR Invasive Plant List is included in Appendix B.[1]
MANAGED MEADOW
An area intentionally planted with herbaceous plant material primarily composed of native species. A managed meadow shall be kept free of species identified in the most recent Noxious Weed Control Law and Invasive Plants List adopted by the Pennsylvania Department of Agriculture. Both are incorporated herein by reference. Managed meadows are generally mowed in early spring and early fall and are also kept free of woody species.
NATIVE PLANT
A native plant is one that occurs naturally in a region without human intervention and that was growing in the area prior to the time of European settlement. Such plants are adapted to the local climate and tend to be more drought resistant than introduced varieties and help preserve the balance and the beauty of natural ecosystems. For purposes of this Part, the range of native plants shall be the Mid-Atlantic, Piedmont-Coastal Plain region, inclusive of Southeast PA; provided, however, that native plants from outside but close to the general area will satisfy the requirement of this Part with the approval of the Township's designated Plant Expert.
NOXIOUS WEED
A generally invasive plant that once declared noxious by the Pennsylvania Department of Agriculture becomes illegal to sell, transport, plant, or otherwise propagate within the commonwealth. Lists of noxious weeds are periodically updated and are available from the Pennsylvania Department of Conservation and Natural Resources. The DCNR Noxious Weed List is included in Appendix A.[2]
PERSON
Any individual, corporation, partnership, limited liability company, joint venture, unincorporated association, municipal corporation or any other agency or combination thereof.
PLANT EXPERT
A. 
REGISTERED LANDSCAPE ARCHITECT (RLA)A landscape architect registered under the laws of Pennsylvania and knowledgeable in the use of native vegetation.
B. 
PENNSYLVANIA NURSERYMANA nurseryman who is a member of the Pennsylvania Landscape and Nursery Association who is skilled in the propagation or use of native vegetation.
C. 
PENNSYLVANIA DEGREED HORTICULTURALISTA horticulturist with a two- or four-year degree from an accredited Pennsylvania institution and knowledgeable in the use of native vegetation.
D. 
ARBORISTAn ISA certified arborist who is knowledgeable in the use of native trees.
TURFGRASS
Grass grown for lawns, of a type that forms a dense even turf if mown and maintained.
WEED
A plant that is not valued where it is growing and is usually of vigorous growth, especially one that tends to overgrow or choke out more desirable plants, Weeds may include all plants that are determined to be injurious to public health, crops, livestock, agricultural land or other property, and including but not limited to: poison ivy, ragweed, and poison oak. Weeds shall include all noxious weeds and invasive plants. Under certain conditions weeds shall mean turf or lawn grass.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
[2]
Editor's Note: Said appendix is included as an attachment to this chapter.
[Ord. No. 2021-O-2, 11/10/2021]
1. 
Noxious Weeds. The following plants are determined to be noxious weeds and shall be removed, or their growth mitigated by the owner from any land area as often as necessary to restrict and or prohibit their growth: Canada thistle, Multiflora rose, Kudzu vine, Goatsrue, and all plants listed in Appendix A,[1] and as updated by the Pennsylvania Department of Agriculture. This Part does not purport to regulate marijuana; its cultivation, propagation, processing and sale are regulated at state and federal levels. It is intended that these matters regarding marijuana will be referred to the District Attorney for disposition. The Township, however, retains oversight over local agricultural zoning and public health, safety, and welfare.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
2. 
Invasive Plants. The following plants are determined to be invasive plants and shall be removed or their growth mitigated by the owner from any land area as often as necessary to restrict and or prohibit their growth: garlic mustard, Japanese knotweed, autumn olive, Norway maple, tree of heaven, Japanese barberry, and/or other invasive plants recognized by the Pennsylvania Department of Agriculture listed in Appendix B[2] and as updated by the Pennsylvania Department of Agriculture, if it shall be determined that there is a threat to health, safety, and/or welfare.
[2]
Editor's Note: Said appendix is included as an attachment to this chapter.
3. 
Other Weed Species. In addition to the noxious weeds and invasive plants specified by this Part, the following plants, vines, weeds, and other species shall be maintained by the owner to restrict their growth and prohibit them from reproducing: ragweed, poison ivy, poison oak, and/or vegetative materials that may cause public health and safety issues.
4. 
Controlled Plants. The propagation of controlled plants is allowed by permit by the Pennsylvania Department of Agriculture. Hemp is a controlled plant. Cannabis sativa L. and any viable part of that plant with a delta-9 THC concentration of not more than 0.3% on a dry weight basis is treated as hemp.
[Ord. No. 2021-O-2, 11/10/2021]
No person owning or occupying real estate within the Township of Newtown, Bucks County, Pennsylvania, shall permit any weeds to grow uncontrolled on such real estate. Weeds include noxious weeds, invasive plants and common weeds if they constitute a nuisance such that they are detrimental to the health and safety of the citizens of the Township.
[Ord. No. 2021-O-2, 11/10/2021]
1. 
The following types of areas are exempt from the provisions of Part 1:
A. 
All areas containing crops planted for some useful agricultural purpose;
B. 
Areas planted with vegetation designed to prevent erosion on undisturbed naturally occurring steep slopes;
C. 
All preexisting hedgerows.
2. 
Exemption Voided. The exemption shall be voided should it be found that there is a detrimental impact on the public safety, health, or welfare.
[Ord. No. 2021-O-2, 11/10/2021]
The owner or occupant of any real estate in Newtown Township shall remove, trim, or cut all weeds growing or remaining upon such real estate in violation of the provisions of this Part 1.
[Ord. No. 2021-O-2, 11/10/2021]
The Board of Supervisors or any officer or employee of the Township designated thereby for the purpose is hereby authorized to give notice by personal service or by certified mail to the owner or occupant, as the case may be, of any premises where weeds are growing or remaining in violation of the provisions of Part 1, directing and requiring such occupant or owner to remove, trim, or cut such weeds as to conform to the requirements of Part 1 within 30 days after issuance of such notice. In case any person shall neglect, fail, or refuse to comply with such notice within the period of time stated therein, the Township may remove, trim, or cut such weeds, and the cost of removal, trimming, or cutting thereof together with any additional penalty authorized by law may be collected by the Township from such a person in the manner provided by law. This shall be considered a summary criminal infraction.
[Ord. No. 2021-O-2, 11/10/2021]
Any person, firm or corporation who shall violate any provisions of this Part 1, upon determination of guilt by a Magisterial District Judge in the manner provided for the enforcement of summary offenses, the violator shall pay a fine of not less than $50 nor more than $250, plus costs, plus the Township's attorneys' fees incurred in the prosecution of this Part 1 for each offense. The violator may have 30 days to remediate the violation, after which a new offense may be charged. If remediated within 30 days, then no fine shall be imposed.