Township of New Britain, PA BAMBOO

[Ord. 2014-06-03, 6/16/2014, Art. I]

Definitions.

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 definition includes common bamboo, golden bamboo and arrow bamboo.

BAMBOO OWNER

Any person who has planted and/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.

PERSON

Any individual, corporation, partnership, joint venture, unincorporated association, municipal corporation or agency, other group acting as a unit, or combination thereof.

TOWNSHIP

The Township of New Britain, County of Bucks, Commonwealth of Pennsylvania.

Applicability. For purposes of this 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.

Prohibition. Upon the effective date of this Part, the planting or growing of bamboo shall be prohibited within the Township, unless:

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.

The root system is contained within a barrier, constructed in accordance with the following specifications, and only after a permit is issued by the Township:

(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.

(4)

When installed, the barrier shall slant outward from the bottom to the top.

Any person who hereafter plants or grows, or causes to be planted or grown, bamboo within the Township, except as under the conditions set forth in paragraph (A) and (B) above, shall be deemed to be in violation of this Part, and shall be subject to such penalties as are set forth herein.

Regulation.

Bamboo shall not be planted, maintained, or otherwise be permitted to exist within 40 feet of the edge of the pavement or traveled portion of any public roadway in the Township. Any bamboo owner whose property contains bamboo shall remove and abate the growth of the bamboo within 40 feet of edge of the pavement or traveled portion of a public road in the Township.

Whether 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.

When removing and destroying bamboo, all rhizome disposal must be by incineration only. No composting or trash disposal of rhizomes shall be allowed.

Pre-Existing Bamboo.

Any bamboo that has been planted or otherwise permitted to grow on any property within the Township prior to the effective date of this Part may remain on such property, subject to compliance with this Part.

Each bamboo owner shall be responsible to ensure that the bamboo planted or growing on the property prior to the effective date of this section 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 be limited to, the installation of sheathing compromised of metal or other material 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.

Replanting Prohibited. Any bamboo existing on a property prior to the effective date of this 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 Part.

Removal from Township Property.

Encroachment. In the event that bamboo growing on a bamboo owner's property invades or grows onto Township property, including, but not limited to right-of-ways, the Township shall notify the bamboo owner in writing that bamboo has invaded the Township property and that the bamboo owner is responsible for the removal of such bamboo from the Township 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.

In the event that the bamboo owner does not remove the bamboo from the Township property, or does not make an arrangement with the Township for removal of such bamboo within 30 days from the date the encroachment notice, the Township, at its discretion, may remove such bamboo from the Township property. The bamboo owner shall be liable and responsible to the Township for all costs incurred in removing the bamboo from the Township 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 days after the demand of payment has been made by the Township on the bamboo owner, the Township may lien the property of the bamboo owner for these costs, plus interest, fees, and expenses, as allowed by law.

In the event that the Township is compelled to undertake the removal of bamboo, as provided for above, neither the Township nor 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 other person or entity other than the bamboo owner, the bamboo owner shall be responsible for such damages.

[Ord. 2014-06-03, 6/16/2014, Art. I]

Notice of Violation.

Each bamboo owner shall be responsible to ensure that any bamboo on their property does not violate the provisions of this Part. In the event that there is any bamboo growing in violation of the provisions of this Part, the Township shall notify the bamboo owner in writing of the existence of such violation. Said 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 property at a conspicuous location.

Any bamboo owner receiving a notice of violation shall bring their property into compliance with this Part within 30 days of the owner's receipt of said notice. If the bamboo owner fails to bring their property into compliance with the notice and this Part, then the Township may issue a non-traffic citation against the bamboo owner.

In addition, where a bamboo owner does not remedy and correct the violations set forth in any notice of violation issued to them, the Township may remove any bamboo that is in violation of this Part located upon the bamboo owner's property; take all reasonable action to eradicate its re-growth; and/or restore any real property to its natural condition prior to such removal and eradication. Any costs incurred by the Township in removing any bamboo and/or remedying any violation of this Part shall be at the expense of the bamboo owner, and in the event that the costs remain unpaid more than 30 days after the demand of payment has been made by the Township on the bamboo owner, the Township may lien the property of the bamboo owner for these costs, plus interest, fees, and expenses, as allowed by law.

Violations, Penalties, and Remedies.

Upon summary conviction before any magisterial district judge, any person violating any of the provisions of this Part shall, in addition to the other charges hereinbefore provided for each offense, pay a fine not exceeding $1,000, plus all court costs, including reasonable attorney's fees, incurred as a result of the prosecution. Each and every day in which a person shall be in violation of this Part shall constitute a separate offense.

In addition, the Township Board of Supervisors may institute suits, in equity or at law, to restrain, prevent, or abate a violation of this 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.