[Ord. 2016-4, 11/15/2016]
The purpose of this part is to preserve and protect private
and public property from the damaging effects of the spread of invasive,
nonnative bamboo; to protect indigenous plant materials from the invasive
spread of running bamboo; and to maintain the general welfare of residents
of Solebury Township.
[Ord. 2016-4, 11/15/2016]
For purposes of this part, the following definitions shall apply:
Any monopodial (running) tropical or semitropical 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.
Any owner/occupant 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.
Any person owning or occupying any premises within Solebury
Township. For purposes of this part, owner/occupant responsibilities
shall apply to the owner in the case of vacant premises or premises
occupied by the owner, and to both the owner and the occupant of the
premises in case of premises occupied by other than the owner.
Any individual, corporation, partnership, joint venture,
unincorporated association, municipal corporation or agency, other
group acting as a unit, or combination thereof.
Any and all bamboo planted and/or growing within Solebury
Township prior to the effective date of this part.
[Ord. 2016-4, 11/15/2016]
1.
Preexisting
Bamboo. The following shall apply to all bamboo planted and existing
prior to the effective date of this part ("preexisting bamboo"):
A.
Each
bamboo owner shall be responsible to ensure that any preexisting bamboo
growing on the property does not encroach or grow upon any adjoining
or neighboring property, including all public property and rights-of-way,
after the effective date of this part. Bamboo owners shall be required
to take measures to prevent such invasion or encroachment.
B.
Property
Lines.
(1)
Preexisting bamboo shall not be maintained or otherwise be permitted
to exist within 30 feet of either: the edge of the pavement or traveled
portion of any public roadway in the Township; or the legal right
of way, whichever is greater. Any bamboo owner whose property contains
bamboo shall remove and abate the growth of the preexisting bamboo
within 30 feet of: the edge of the pavement or traveled portion of
a public road in the Township; or the legal right of way, whichever
is greater.
(2)
Whether planted or growing in a container or contained within a barrier,
all preexisting 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 30 feet to any property line.
2.
Bamboo
Planted After the Effective Date of This Part. The following shall
apply to all bamboo planted after the effective date of this part:
A.
The planting
of bamboo in the ground shall be prohibited within the Township after
the effective date of this part.
B.
Each
bamboo owner shall be responsible to ensure that any bamboo growing
in a container does not spread outside of such container and does
not encroach or grow upon any adjoining or neighboring property, including
all public property and rights-of-way, after the effective date of
this part. Bamboo owners shall be required to take measures to prevent
such invasion or encroachment.
C.
Property
Lines.
(1)
Bamboo shall not be planted in a container, maintained, or otherwise
be permitted to exist within 30 feet of either: the edge of the pavement
or traveled portion of any public roadway in the Township; or the
legal right-of-way, whichever is greater. Any bamboo owner whose property
contains bamboo shall remove and abate the growth of the bamboo within
30 feet of: the edge of the pavement or traveled portion of a public
road in the Township; or the legal right of way, whichever is greater.
(2)
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 30 feet to any property line.
4.
The owner/occupant
shall be responsible for the cost of removal and/or abatement of bamboo
that encroaches upon an adjoining property after the effective date
of this part in violation of this part.
5.
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, except where any property owner/occupant:
A.
Has provided
satisfactory proof to the Township that, within a reasonable time
after discovering the encroachment of bamboo onto the property from
an adjoining or neighboring property, the owner/occupant has advised
the owner of such property of his or her objection to the encroachment
of the bamboo; and
B.
Has initiated
steps for the removal of the bamboo from the property.
[Ord. 2016-4, 11/15/2016]
1.
In the event that there is any bamboo growing or remaining upon such premises in violation of the provisions of § 10-403 of this part, the Township shall, prior to taking any enforcement action, notify the owner/occupant in writing of the existence of such violation and that the owner/occupant is responsible for correcting the violation. Notice of violation shall be served by handing it directly to the owner/occupant; by mailing it by certified mail, return receipt requested, and by regular mail to the last known address of the owner/occupant; or by posting notice of violation on the premises at a conspicuous location.
2.
Any owner/occupant
receiving a notice of violation shall take the following steps to
remedy and correct the violation:
A.
Preexisting Bamboo. Any owner/occupant whose property contains bamboo planted or grown prior to the effective date of this part which has been permitted to grow in violation of § 10-403, Subsection 1, of this part, shall:
(1)
Within 30 days of the owner/occupant's receipt of such notice, reduce
the height of any bamboo that is in violation of this part to no greater
than two feet tall;
(2)
Within six months of the owner/occupant's receipt of such notice,
remove any bamboo that is in violation of this part and take all reasonable
corrective action to control against its regrowth.
B.
Bamboo Planted After the Effective Date of This Part. Any owner/occupant whose property contains bamboo planted after the effective date of this part in violation of § 10-403, Subsection 2, of this part, shall remove and eradicate such bamboo in its entirety, including the shoot and root systems, and dispose of the bamboo in accordance with this part within 60 days of the owner/occupant's receipt of such notice.
3.
If the
owner/occupant fails to remedy the violation in compliance with the
above-referenced notice and this part, then the Township may issue
a nontraffic citation against the owner/occupant.
4.
In addition,
where an owner/occupant does not within the time provided for under
this part remedy and correct (or make arrangements to remedy or correct)
the violations set forth in any notice of violation issued to them,
the Township, at its discretion, may:
A.
Remove
any bamboo that is in violation of this part and located upon the
owner/occupant's property and/or that has spread to an adjoining property;
taking all reasonable action to control against its regrowth; and/or
B.
Restore
any real property to its natural condition prior to such removal and
other corrective action.
5.
Any costs
incurred by the Township in remedying any violation of this part shall
be at the expense of the owner/occupant, 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 owner/occupant, the Township
may lien the property of the owner/occupant for these costs, plus
interest, fees (including attorneys' fees), and expenses, as allowed
by law.
6.
In the
event that the Township is compelled to undertake remediation of any
violation, as provided for above, neither the Township nor its employees,
contractors, or agents shall have any liability to the owner/occupant
for any damages or other claims arising out of the remediation. In
the event such remediation entails or causes damages to the property
of any other person or entity other than the owner/occupant, the owner/occupant
shall be responsible for such damages.
[Ord. 2016-4, 11/15/2016]
1.
Any person
who violates any of the provisions of this part shall, upon conviction
in a, summary proceeding before any Magisterial District Judge of
Bucks County, be punishable by a fine of not more than $300 and costs
of prosecution for each and every offense, provided that anyone violating
a provision of this part may, within five days of the notice of violation
or encroachment notice, pay to the Township Treasurer, under such
rules and regulations as the Township Board of Supervisors may prescribe,
the sum of $20 for each offense as a penalty for and in full satisfaction
of such violation. Each day that such violation is continued shall
constitute a new and separate offense, punishable by like fine or
penalty.
2.
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.
