[Ord. 830, 10/2/2017]
The purpose of this Chapter and Part is to preserve and protect
private and public property from the damaging effects of the spread
of certain invasive, non-native plantings such as bamboo; to protect
indigenous plant materials from the invasive spread of non-native
plantings such as bamboo; and to maintain the general welfare of the
residents of the Borough of Nazareth.
[Ord. 830, 10/2/2017]
For the purpose of this Chapter and Part the following definitions
shall apply:
Any monopodial (running) tropical or semi-tropical grasses
from the genera Phyllostachys or Pseudosasa, including, but not limited
to, Phyllostachys aureosulcata - Yellow Groove Bamboo. In addition,
this definitions includes Common Bamboo, Golden Bamboo and Arrow Bamboo.
Any Property Owner/Resident who has planted or grows Bamboo
on their property; who maintains Bamboo on their property; or who
permits Bamboo to grow or remain on their property, even if the Bamboo
has spread from an adjoining property. A Property Owner/Resident will
not be considered to be a Bamboo owner if:
The Property Owner/Resident has provided satisfactory proof
to the Borough that, within a reasonable period of time after discovering
the encroachment of Bamboo onto his or her property from an adjoining
or neighboring property, the Property Owner/Resident advised the owner
of such adjoining or neighboring property of his or her objection
to the encroachment of the Bamboo; and
The Property Owner/Resident has initiated steps for the removal
of the Bamboo from the subject property, including seeking available
remedies at law and/or equity.
Any person owning or occupying any premises within the Borough
of Nazareth. For purposes of this Chapter and Part, Bamboo Owner's
responsibilities shall apply to the owner in the case of vacant premises
or premises occupied by the owner, or to the occupant of the premises
in case of premises occupied by other than the owner.
[Ord. 830, 10/2/2017]
1.
Any Bamboo
growing upon any premises in the Borough in violation of any of the
provisions of this Chapter and Part is hereby declared to be a nuisance
and detrimental to the health, safety, cleanliness and comfort of
the inhabitants of the Borough.
2.
The planting
or growing of Bamboo shall be prohibited within the Borough unless:
A.
The root
system of such Bamboo plant is entirely contained within a planter,
barrier, or other vessel located entirely above ground-level, and
of such design, material, and location as to entirely prevent the
spread/growth of the Bamboo's root system beyond the container in
which it is planted; or
B.
The root
system is contained within a barrier, constructed in accordance with
the following specifications, and only after a permit has been issued
by the Borough:
(1)
The barrier shall be composed of high density polypropylene or polyethylene,
40 mil or heavier;
(2)
Portions or sheets of the barrier shall be secured or joined together
by the use of stainless steel clamps or stainless steel closure strips
designed for such barriers;
(3)
The entire perimeter of the barrier shall be more than 30 inches
below ground level and more than three inches above ground level;
and
(4)
When installed the barrier shall slant outward from the bottom to
the top.
3.
Any person
who hereafter plants or grows, or causes to be planted or grown, Bamboo
within the Borough, except as under the conditions set forth in subparagraphs
i) and ii) above, shall be deemed to be in violation of this Chapter
and Part and shall be subject to such penalties as are set forth herein.
4.
For purposes
of this Chapter and Part, Bamboo found growing upon a property shall
constitute presumptive evidence that the Bamboo was planted and/or
grown by and/or with the consent of the Bamboo Owner.
5.
Property
Lines and Removal of Bamboo.
A.
Bamboo
shall not be planted, maintained, or otherwise be permitted to exist
within 20 feet of any property line, utility easement, and public
right-of-way. Any Bamboo Owner whose property contains Bamboo shall
remove and abate the growth of the Bamboo within 20 feet of any property
line, utility easement, and public right-of-way.
B.
Whether
planted or in existence before the effective date of this Chapter
and Part, and/or planted or growing in a container or contained within
a barrier, all Bamboo plants shall be located, trimmed, and maintained
so that no part of the plant (including stalks, branches, leaves and/or
roots) shall extend nearer than 10 feet to any property line, utility
easement, and public right-of-way.
C.
When
removing and destroying Bamboo, all rhizome (underground plant stem
capable of producing the shoot and root systems of a new plant) disposal
must be by incineration only. No composting or trash disposal of rhizomes
shall be allowed.
[Ord. 830, 10/2/2017]
1.
The Bamboo
Owner shall remove, trim, or cut all Bamboo growing or remaining upon
his or her property in violation of the provisions of this Chapter
and Part.
2.
The Bamboo
Owner shall be responsible for the cost of removal and/or abatement
of Bamboo that has encroached upon an adjoining property in violation
of this Chapter and Part.
3.
Pre-Existing
Bamboo.
A.
Any Bamboo
that has been planted or otherwise permitted to grow on any property
within the Borough prior to the effective date of this Chapter and
Part may remain on such property, subject to full compliance with
this Chapter and Part.
B.
Each
Bamboo Owner shall be responsible to ensure that the Bamboo planted
or growing on his or her property prior to the effective date of this
Chapter and Part does not encroach or grow upon any adjoining or neighboring
property, including all public property and right-of-ways. Such Bamboo
Owners shall be required to take such measures as are reasonably expected
to prevent such invasion or encroachment, including, but not limited
to, the installation of sheathing compromised of metal or other materials
impenetrable by Bamboo at a sufficient depth within the property line
or lines where the Bamboo is planted or is growing to prevent the
growth or encroachment upon adjoining or neighboring property by the
Bamboo.
4.
Re-planting
Prohibited. Any Bamboo existing on a property prior to effective date
of this Chapter and Part may not be replanted or replaced in kind
once such Bamboo is or has become, for any reason, dead, destroyed,
uprooted or otherwise removed except in compliance with the provisions
of this Chapter and Part.
[Ord. 830, 10/2/2017]
1.
Encroachment.
In the event that Bamboo growing on a Bamboo Owner's property invades
or grows onto Borough property, including, but not limited to right-of-ways,
the Borough shall notify the Bamboo Owner, in writing, that Bamboo
has invaded Borough property and that the Bamboo Owner is responsible
for the removal of such Bamboo from the Borough property. This Encroachment
Notice shall be sent by certified mail, return receipt requested,
and by regular mail to the last known address of the Bamboo Owner,
and a copy of the Notice shall also be posted in a conspicuous location
on the Bamboo Owner's property.
2.
In the
event that the Bamboo Owner does not remove the Bamboo from the Borough
property, or does not make an arrangement with the Borough for removal
of such Bamboo within 15 calendar days from the date of the Encroachment
Notice, the Borough, at Borough's discretion, may remove such Bamboo
from the Borough property. The Bamboo Owner shall be liable and responsible
to the Borough for all costs associated with the removal of the Bamboo
from the Borough property. Such costs may be assessed against the
property of the Bamboo Owner, and in the event that the costs remain
unpaid more than 30 calendar days after the demand and payment has
been made by the Borough on the Bamboo Owner, the Borough may place
a lien on the property of the Bamboo Owner for these costs, plus interest,
fees, and expenses, as allowed by law.
3.
In the
event that the Borough is compelled to undertake the removal of Bamboo
as provided above, neither the Borough, or its employees, contractors
or agents shall have any liability to the Bamboo Owner for any damages
or other claims arising out of the removal of such Bamboo. In the
event such removal entails or causes damages to the property of any
person or entity other than the Bamboo Owner, the Bamboo Owner shall
be responsible for such damages.
[Ord. 830, 10/2/2017]
1.
In the
event that there is any Bamboo growing or remaining upon any property
in violation of the provisions of this Chapter and Part, the Borough
shall notify the Bamboo Owner, in writing, of the existence of such
violation. 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 Notice of Violation on the premises
at a conspicuous location.
2.
Any Bamboo
Owner receiving a Notice of Violation shall bring his or her property
into compliance with this Chapter and Part within 15 calendar days
of the Bamboo Owner's receipt of said Notice. If the Bamboo Owner
fails to bring Bamboo Owner's property into compliance with the Notice
and this Chapter and Part, then the Borough may issue a non-traffic
citation against the Bamboo Owner.
[Ord. 830, 10/2/2017]
1.
Any person
who violates any of the provisions of this Chapter and Part shall,
upon conviction, in a summary proceeding before any Magisterial District
Judge of Northampton County, be punishable by a fine of not more than
$600 and costs of prosecution for each and every offense, or, upon
default in payment of the fine and costs not caused by indigence or
lack of sufficient assets, by imprisonment in the Northampton County
prison for a period not to exceed 30 calendar days. Each day that
such violation is continued shall constitute a new and separate offense,
punishable by like fine, penalty and imprisonment.
2.
In addition,
Borough Council may institute suits, in equity or at law, to restrain,
prevent, or abate a violation of this Chapter and Part. 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.
[Ord. 830, 10/2/2017]
All other provisions of the Borough's Code of Ordinances, as
amended, shall remain in full force and effect. All other Ordinances
or provisions of the Ordinance inconsistent herewith or in conflict
with any of the terms hereof are, to the extent of said inconsistencies
or conflicts, hereby specifically repealed.
[Ord. 830, 10/2/2017]
The provisions of this Chapter and Part are severable. If any
section clause, sentence, part or provision thereof shall be held
illegal, invalid, or unconstitutional by a court of competent jurisdiction,
such decision of the court shall not affect or impair any of the remaining
sections, clauses, sentences, parts or provisions of this Chapter
and Part. It is hereby declared to be the intent of Borough Council
that this Chapter and Part would have been adopted if such illegal,
invalid or unconstitutional section, clause, sentence or part of a
provision had not been included herein.
