[Adopted 11-3-1999 by Ord. No. 222; amended in its entirety 8-21-2012 by Ord. No. 301]
The Upper Makefield Township Board of Supervisors recognizes
that a variety of vegetation in the Township is desirable as it promotes
soil and air quality, prevents erosion, and is aesthetically pleasing.
The Board of Supervisors also recognizes that noxious or invasive
plants do not promote a variety of vegetation. In some cases, noxious
or invasive plants emit pollens and irritants into the air; in other
cases, noxious or invasive plants overtake native plants and wildflowers.
Therefore, it is the intent of this Part to encourage the propagation
of wildflowers and native species while prohibiting the propagation
and spread of noxious and invasion plants.
A.
The Board of Supervisors shall, by resolution, designate species
of plants which it has determined to be noxious or invasive. No person,
firm, corporation, or entity, owning or occupying any property within
the Township of Upper Makefield shall intentionally propagate any
of the species of plants listed on the resolution. No person, firm
corporation or entity owning property within Upper Makefield Township
shall permit any of the plant species listed in the resolution to
spread to the property of another.
B.
Any vegetation of the species listed in the resolution growing upon
property in Upper Makefield Township in violation of any of the provisions
of this section is hereby declared to be a nuisance and detrimental
to the health, safety, cleanliness and comfort of the inhabitants
of the Township of Upper Makefield. The Board of Supervisors may,
from time to time, amend the resolution to amend the list of plants
species designated at noxious or invasive.
The owner of any premises, or the occupant of premises occupied by other than the owner, shall remove all vegetation growing or remaining on such premises in violation of the provisions of § 10-202.
The Upper Makefield Township Planning and Zoning Officer, or any officer or employee of the Township of Upper Makefield designated by the Board of Supervisors for this purpose, is authorized to give notice, by personal service or by United States Mail, to the owner or occupant, as the case may be, of any premises in violation of § 10-202 of this Part, directing and requiring such occupant, within five days of receipt of the notice, to remove, trim or control the vegetation so as to conform to the requirements of this Part. Whenever, in the judgment of the Upper Makefield Township Planning and Zoning Officer or the designee thereof, it shall appear to be impractical to give notice as above provided, either because the owner or occupant cannot readily be found or because a search for the owner or occupant would entail unreasonable delay, the Planning and Zoning Officer may give notice by posting conspicuously on the property where such nuisance exists, a notice or order directing and requiring that such nuisance be abated within 10 days. In case any person, firm or corporation shall neglect, fail or refuse to comply with such notice within the period of time stated therein, the Upper Makefield Township Planning and Zoning Officer may cause the removal, trimming or cutting of such vegetation, and the cost thereof, together with a penalty of 10% of the cost thereof, shall be collected by the Township of Upper Makefield from such person, firm or corporation, in the manner provided by law, including but not limited to filing of a municipal claim against the property in question.
Any person, firm or corporation who shall violate any of the
provisions of this Part shall, upon conviction thereof, be sentenced
to pay a fine not more than $600 and in default of payment, to undergo
imprisonment for a term not to exceed 30 days. Each day that a violation
of this Part continues after notice, shall constitute a separate offense.
