This chapter is adopted to control the planting, cultivating
and/or growing of bamboo within the Township and to require barriers
to prevent the spread of existing bamboo into other areas of the Township.
Subject to certain exceptions set forth in this chapter no person,
resident, citizen, property owner or tenant of the Township shall
plant, cultivate or cause to grow bamboo upon any lot and/or parcel
of ground anywhere within the Township except for:
A. Where the root system of such bamboo plant is entirely contained
within an above ground level container, planter barrel or other vessel
of such design, material and location as to entirely prevent the spread
of growth of the root system beyond the container in which it is planted;
B. Whether planted or growing in a container, as set forth herein, all
bamboo plants shall be located, trimmed and maintained so that no
part of the plant shall be closer than 10 feet from any property line
and shall not exceed the height of eight feet as measured from the
ground to the top of the plant.
This chapter shall not apply to any landowner or possessor of said land who prior to the effective date of this chapter has planted or caused to grow any bamboo upon any property within the Township unless the Code Enforcement Official, being determined to be the Construction Official, Zoning Officer and/or Property Maintenance Officer, determines on his/her own or upon the complaint of an abutting property owner or other owner of property within 200 feet of said property that any portion of such bamboo has been allowed to grow upon or its roots or branches have extended upon any other private of public property not owned by or in possession of such landowner of possessor of said land. In addition any such existing bamboo shall be maintained not to exceed the height limit of eight feet as set forth in this chapter. Any violation of this subsection shall subject the property owner and/or possessor to §
164-4 of this Code.
Whenever a complaint is received by the Township regarding the
encroachment of any bamboo plant or root, or whenever the Township,
on its own inspections and observations, determines that the there
is an encroachment of bamboo branches, leaves, stalks or roots onto
the property of another landowner, tenant in possession, public land
or right of way the Township shall cause notice to be served and the
following action to occur:
A. A notice shall be mailed by certified mail, return receipt requested
properly addressed and with sufficient postage and also by first class
mail to the property owner of record. Said notice by certified mail
shall be deemed complete upon the date of delivery, or personal delivery,
or the date the certified mail is marked refused or unclaimed or otherwise
undeliverable by the United States Post Office. First class mail shall
be deemed delivered within five calendar days of it being mailed by
the Township.
B. The notice shall specify the nature of the violation and the nature
of the correction required.
C. The notice shall provide a period of 20 days from the date of receipt,
or if refused or undeliverable as set forth above said date, to remedy
the violation.