[Adopted 9-13-2012 by Ord. No. 680]
This article is adopted to control the planting, growing or
cultivating of bamboo in the Township of Upper Chichester; and to
require barriers to prevent the spread of existing bamboo into other
areas of the Township.
Subject to the exemptions set forth in this article, no persons,
property owners or tenants shall plant, cause to grow or cultivate
any bamboo on any lot or parcel of ground located in the boundaries
of Upper Chichester Township, subject to the following exceptions.
A.
The root system of the bamboo plants are entirely contained within
an aboveground planter, barrel or other container of such design,
material and location as to prevent the spread of the bamboo's root
system beyond the confines of the container that it is planted; or
B.
The root system is planted in the ground but is entirely contained
within a barrier, constructed in accordance the following specifications.
Compliance with these specifications is subject to inspection by the
Code Enforcement Officer.
(1)
The barrier itself shall be composed of a high-density polypropylene
or polyethylene, with a thickness of at least 40 mils.
(2)
The barrier shall be secured and joined together by stainless steel
clamps or stainless steel closure strips designed to be used with
such barriers.
(3)
The barrier shall be installed at least 30 inches deep.
(4)
At least three inches of the barrier must protrude above ground level
around the entire perimeter of the bamboo.
(5)
The barrier shall slant outward from bottom to top.
C.
Whether planted or growing in a container, as described herein, all
bamboo plants shall be located, trimmed and maintained so that no
part of the plant is closer than 10 feet to any property line.
This article shall not apply to any landowner or possessor who,
prior to the effective date of this article, had planted or caused
to grow any bamboo on any property within the Township boundaries
unless, upon determination of the Code Enforcement Officer, that any
portion of such bamboo has been allowed to grow upon or its roots,
branches and/or stalks have extended onto or over any public way or
another's private property.
Whenever a complaint is received by the Township regarding the
encroachment of any bamboo plant or root, or whenever the Township
on its own observations and inspections determines that there is an
encroachment of bamboo plants or roots onto the property of another,
public street or sidewalk, the Township shall give notice to the landowner
or tenant in possession of the property to remove the offending bamboo
plant or root system.
A.
The notice shall be mailed by certified mail, return receipt requested,
properly addressed and with sufficient postage, and the notice shall
be posted on the offending property in a conspicuous place. Notice
by certified mail shall be deemed complete on the date of personal
delivery or the date the certified mail is marked "refused," "unclaimed"
or otherwise undeliverable by the United States Postal Service.
B.
The notice shall specify the nature of the violation.
C.
The notice shall state that the violation must be corrected within
30 days from the date of mailing or posting the property whichever
is later.
D.
The notice shall state specifically what must be done by the responsible
party to correct the violation and come in compliance with this article.
E.
The notice shall state that failure to comply within 30 days will
result in the removal of the offending bamboo or root system by the
Township or its assigned agent and the billing of the responsible
party. Or, in the alternative, a citation will be issued daily until
such time as the offending bamboo or root system is removed.
[Amended 12-8-2016 by Ord. No. 706]
Any person, firm or corporation who shall violate any provision
of this article shall, upon conviction thereof, be sentenced to pay
a fine of not more than $1,000, together with the costs of prosecution,
and, in default of payment of such fine and costs, shall be subject
to imprisonment for a term not to exceed 30 days. Every day that a
violation of this article continues shall constitute a separate offense.
