[Added 11-6-2024 by Ord. No. 62-2024]
The purpose of this article is to preserve and protect properties from the damaging spread of certain species of plants that are known to cause damage to indigenous plants and the wildlife and to regulate the use of bamboo as a means to create landscaping buffers on residential properties.
[Added 11-6-2024 by Ord. No. 62-2024]
As used in this article, the following terms shall have the meanings indicated:
BUFFER ZONE
A distance of at least five (5) feet from any street, road or public right-of-way, and ten (10) feet from any adjoining property.
NOTICE
Any written notice by, from or on behalf of the Township notifying the property owner(s) that they are in violation of this article and directing them to cure or fix the violation. Such notice shall be sent by certified mail, return receipt requested, addressed to the owner(s) listed on the current tax address on file with the Township. A copy may also be posted on the property in question.
PROHIBITED PLANTS
All vegetation known as Reynoutria japonica, Fallopia japonica, and/or Polygonum cuspidatum (commonly known as "Japanese knotweed"), Ailanthus altissima (commonly known as "Tree of Heaven"), and all types of Bamboo, Bambusa, Phyllostachys and Pseudosasa, as well as common bamboo, golden bamboo and arrow bamboo.
PROPERTY OWNER(S)
Any property owner(s) or tenant(s) who, or which, have Prohibited Plants on their property, even if the Prohibited Plants have spread onto their property from an adjoining property.
[Added 11-6-2024 by Ord. No. 62-2024]
A. 
Plantings Prohibited.
(1) 
All new plantings of any Prohibited Plants as defined herein is strictly forbidden within the Township.
(2) 
Any existing Prohibited Plants may not be replanted or replaced after any such existing Prohibited Plants have died or have been removed.
(3) 
Any person who plants or replants any Prohibited Plants within the Township limits after the effective date of this article shall be in violation of this article and shall be subject to the penalties set forth herein.
B. 
Maintenance of Existing Prohibited Plants.
(1) 
Any species of Prohibited Plants already in existence on any residential property within the Township limits as of the effective date of this article may remain on such property, subject to the following:
(a) 
In-ground Prohibited Plants shall be located, trimmed and maintained so that no part of the plant encroaches into a Buffer Zone as defined herein;
(b) 
All existing Prohibited Plants shall be maintained in a decorative hedge not to exceed 6-feet in height;
(c) 
Existing Prohibited Plants may be located in a physical container in accordance with the following specifications:
[1] 
The container shall be composed of corrugated metal or high-density polypropylene or polyethylene, with a minimum thickness of 1/16 of an inch;
[2] 
Any container that fails to contain the Prohibited Plants shall be considered a violation of the article; and
[3] 
The container shall be placed at least five (5) feet from any property line.
(d) 
All existing Prohibited Plants shall not encroach into any public right-of-way or impede any vehicular line-of-sight.
C. 
Removal or abatement.
(1) 
Whenever Prohibited Plants are found planted in the ground on any plot of land, lot or any other premises or place in contravention of the provisions of this article, a notice shall be given to the property owner(s) providing 30 days to remove or abate the same.
(2) 
Abatement measures shall include, but are not limited to, physically removing the Prohibited Plants located within the Buffer Zone, poisoning the Prohibited Plants in accordance with industry standards and, installing sheathing comprised of metal or other impenetrable material and placed no less than five (5) feet from the property line at a sufficient depth to prevent any growth within the Buffer Zone.
(3) 
The cost of the removal and/or abatement shall be the responsibility of the property owner(s).
[Added 11-6-2024 by Ord. No. 62-2024]
A. 
Inspection. All premises within the Township shall be subject to inspection by the Code Enforcement Officer to determine compliance with this article as provided by law.
B. 
Violations. Whenever Invasive Plaints are found planted in the ground on any plot of land, lot or any other premises or place in contravention of the provisions of this article, a notice shall be given to the property owner(s) providing 30 days to remove or abate the same. The cost of the removal and/or abatement shall be borne by the property owner(s).
C. 
Penalties. Any person violating this article who fails to abate the violation after notice shall be subject to a minimum fine of $250 plus costs, for which the property owner has been found guilty.
D. 
This article shall not be deemed to alter any rights at common law or otherwise that any property owner may have to recover the cost of removal of running bamboo on their own property from another property owner from whose property the running bamboo has originated.