[HISTORY: Adopted by the Township Council of the Township
of Middletown 12-13-2021 by Ord. No. 838. Amendments noted where
applicable.]
The purpose of this chapter is to preserve and protect the private
and public property from the damaging of certain bamboo grasses, protect
indigenous plant materials from the invasive spread of bamboo and
maintain the general welfare of the residents of Middletown Township.
A.
BAMBOO
BAMBOO OWNER
BUFFER ZONE
NOTICE
RECEIPT OF NOTICE
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, as well as
common bamboo, golden bamboo and arrow bamboo.
Any owner, tenant, occupier and/or agent of property who
has planted and/or grows bamboo, or who maintains bamboo on the property,
or who permits bamboo to grow or remain on the property even if the
bamboo has spread from an adjoining property.
A distance of at least 10 feet from the edge of any shared
drive, street, road or sidewalk, whether public or private, or from
any neighboring property line, public or private.
Any written notice by, from or on behalf of the Township,
notifying the bamboo owner(s) that they are in violation of this chapter
and directing them to cure or fix the violation.
Receipt of the notice required herein shall be the date of
mailing said notice, or, if applicable, posting of the notice on the
property in question, whichever is earlier.
The Township of Middletown, Delaware County, Pennsylvania.
B.
Regulation of existing and new bamboo.
(1)
Existing bamboo. Any bamboo that is already in existence on any property
within the Township limits as of the effective date of this chapter
may remain on such property, unless the Township Code Enforcement
Officer or other qualified person(s) designated by the Township determines,
upon complaint from any adjacent property owner, that any portion
of such bamboo has been allowed to grow upon, extend roots across,
or extend branches, stalks or leaves over any public way or another's
private property. Prior to making any determination under this subsection,
the affected property line boundary location shall be provided to
the Township by the complaining adjacent property owner. If the location
of the boundary line is unknown or in dispute, sufficient evidence
of the exact location of the relevant boundary lines of any affected
property shall be provided to the Township by the complaining adjacent
property owner at their sole cost and expense. In the event the Code
Enforcement Officer or other qualified person(s) designated by the
Township makes such a determination, the bamboo owner shall be subject
to the following regulations:
(a)
Bamboo owner must take measures to ensure that any bamboo on
their property does not exist within any buffer zone. Such measures
shall include, but are not limited to:
[1]
Managing, trimming, cutting, and removing all bamboo plants
or roots existing in the buffer zone and maintain the buffer zone
free and clear of bamboo, including the root system, as necessary
to destroy the bamboo and root system within the buffer zone.
[2]
Any bamboo remaining outside a buffer zone must be entirely
contained within a barrier, constructed in accordance with the following
specifications, or other specifications as field conditions may dictate
as determined by the Township Code Enforcement Officer or other qualified
person(s) designated by the Township:
[a]
The barrier itself shall be composed of high density polypropylene
or polyethylene, with a thickness of at least 40 mils;
[b]
The barrier shall be installed at least 24 inches deep in the
ground;
[c]
At least four inches of the barrier must protrude above ground
level around the entire perimeter of the buffer zone;
[d]
The barrier shall be secured and joined together by stainless
steel clamps or stainless steel closure strips designed to be used
with such barriers;
[e]
All bamboo plants shall be located, trimmed and maintained so
that no part of the plant is within the buffer zone.
(2)
New bamboo. Any property owner who plants bamboo after the effective
date of this chapter shall be required to take measures to ensure
that no portion of any such bamboo is permitted to grow within a buffer
zone. Such measures shall include, but are not limited to, installing
barriers in accordance with the specifications set forth in this subsection.
(3)
The terms of this subsection shall not be deemed to alter any rights
at common law or otherwise that any property owner may have to seek
remedies and recover the cost of removal of bamboo on their own property
from another person or entity that has allowed the spread of bamboo
upon an adjacent property.
A.
If bamboo on any property has been planted or allowed to grow in
violation of the terms of this chapter, the Township shall give written
notice to the bamboo owner(s) as required by this chapter that said
bamboo owner(s) are responsible for abatement of such violation within
thirty days from the date of the receipt of notice ("abatement period").
In the event that it is determined by the Township Code Enforcement
Officer or other qualified person(s) designated by the Township that
the required abatement cannot reasonably be completed within the abatement
period, the Township Code Enforcement Officer or other qualified person(s)
designated by the Township may extend the abatement period up to ninety
days from the date of the receipt of notice upon written request by
the bamboo owner.
B.
The notice issued under this subsection shall be served by certified
mail, return receipt requested, addressed to: 1) the owner(s) listed
on the current tax address on file with the Township; and 2) to the
occupier of the property by either first-class mail or by posting
a copy of the notice on the property in question, at the option of
the Township.
In the event that said notice of violation is not complied with
as directed, the Township shall take any or all of the following actions
as it may deem necessary to enforce the provisions of this chapter:
A.
Commence a summary enforcement proceeding before the Magisterial
District Justice against the property owner(s), and upon conviction
thereof, be punishable by a fine of up to $500 for each violation
thereof. Violators shall also be responsible for court costs and reasonable
attorneys' fees of the Township, as permitted by law. Each and
every day in which a person shall be in violation of this chapter
shall constitute a separate offense.
B.
Commence a summary enforcement proceeding before the Magisterial
District Justice against the property owner(s), and upon conviction
thereof, cause the condition to be removed or abated by the Township
or other qualified person(s) designated by the Township, the costs
of such removal plus the filing fees and any other costs related to
the abatement will be charged to the property owner(s). If such costs
are not paid in full within 90 days, such costs may be filed as a
lien against the property and collected in the same manner as other
municipal liens or by personal action commenced in the Court of Common
Pleas of Delaware County. Any voluntary action taken by the Township
pursuant to this section shall not create any obligations on the part
of the Township to continue such action, nor shall it limit, ameliorate,
or change the obligation of the property owner(s).
