[Ord. No. 2021-O-2, 11/10/2021]]
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.
[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.
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.
PERSON
Any individual, corporation, partnership, limited liability
company, joint venture, unincorporated association, municipal corporation
or any other agency or combination thereof.
PLANT EXPERT
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.
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.
[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, 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.
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 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.
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.