The purpose of this chapter is to preserve and protect private
and public property from the damaging effects of the spread of certain
invasive, nonnative plantings, such as bamboo; to protect indigenous
plant materials from the invasive spread of nonnative plantings, such
as bamboo; and to maintain the general welfare of the residents of
the Borough of Green Lane.
For the purpose of this chapter, the following definitions shall
apply:
BAMBOO
Any monopodial (running) tropical or semitropical grasses
from the genera Phyllostachys or Pseudosasa, including, but not limited
to, Phyllostachys aureosulcata, yellow groove bamboo. In addition,
this definition includes common bamboo, golden bamboo and arrow bamboo.
BAMBOO OWNER
Any owner/occupant who has planted and/or grows bamboo on
his or her property; who maintains bamboo on his or her property;
or who permits bamboo to grow or remain on his or her property, even
if the bamboo has spread from an adjoining property. A property owner
and/or resident will not be considered to be a bamboo owner if:
A.
He/she has provided satisfactory proof to the Borough of Green
Lane that, within a reasonable period of time after discovering the
encroachment of bamboo onto the subject property from an adjoining
or neighboring property, he/she advised the owner of such property
of his/her objection to the encroachment of the bamboo in writing;
or
B.
He/she has initiated steps for the removal of the bamboo from
the subject property, including seeking available remedies at law
and/or equity.
PERSON
Any person owning or occupying any premises within the Borough
of Green Lane. For purposes of this chapter, bamboo owner 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 the case
of premises occupied by other than the owner.
All other ordinances or parts thereof which are in conflict
with this chapter are hereby repealed.
The provisions of this chapter are severable, and if any section,
clause, sentence, part, or provision thereof shall be held illegal,
invalid, or unconstitutional by any court of competent jurisdiction,
such decision of the court shall not affect or impair the remaining
sections, clauses, sentences, parts, or provisions of this chapter.
It is hereby declared to be the intent of the Borough Council that
this chapter would have been adopted if such illegal, invalid, or
unconstitutional section, clause, sentence, part, or provision had
not been included herein.
This chapter shall become effective within the time period provided
by law.