Township of Lower Southampton, PA Part 4 Weeds and Vegetation

§ 10-401 through § 10-404. (Reserved) [1]

[1] Editor's Note: Former §§ 10-401 through 10-404, regarding weeds, adopted 2-18-1957 by Ord. 43, as amended by Ord. Nos. 356 and 532, were repealed 10-14-2020 by Ord. No. 594. See § 5-103, Property Maintenance Code.

§ 10-405 Bamboo.

[Added by Ord. 572, 11/10/2015]

1. Purpose and intent. The purpose of this section is to control the planting, cultivating, or growing of certain running bamboo grasses in the Township, and to require barriers to prevent the invasive spread of existing running bamboo into other areas of the Township.

2. Definitions. As used in this section, the following terms shall have the meanings indicated:

BAMBOO

Any monopodial (running) tropical or semitropical grasses from the genera Bambusa, including but not limited to Bambusa Phyllostachys, Fallopia and Pseudosasa as well as Common Bamboo, Golden Bamboo, Arrow Bamboo, and Japanese Bamboo.

BAMBOO OWNER

Any property owner or resident who has planted and/or grows bamboo, or who maintains bamboo on his/her property, or who permits bamboo to grow or remain on the property even if the bamboo has spread from an adjoining property. Any property owner or resident at property on which bamboo is found will be considered a bamboo owner, except any property owner or resident who:

A. Has provided satisfactory proof to the Township that, within a reasonable period of time after discovering the encroachment of bamboo onto the property from an adjoining or neighboring property, he/she has advised the owner of such property of his/her objection to the encroachment; and

B. Has initiated steps for the removal of the encroaching bamboo, including notifying the Township of the encroachment or otherwise exercising private remedies at law.

TOWNSHIP

The Township of Lower Southampton, Bucks County.

3. General provisions.

A. For purposes of this section, 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 property owner, tenant, or other individual, entity or corporation having control over the property.

B. Prohibition. Except as provided herein, upon the effective date of this section, the planting or growing of bamboo shall be prohibited within the Township and no persons, property owners, tenants or other individual entities or corporations having control of property within the Township shall plant, cultivate or cause to grow any bamboo on any lot or parcel within the Township. Any person who plants or grows, or causes or allows to be planted or to be grown, bamboo within the Township shall be deemed to be in violation of this section and shall be subject to the penalties provided herein.

C. This section shall not be deemed to alter any rights of any property owner at common law or otherwise to recover the cost of removal of bamboo on their property that has run over from a neighboring property.

D. Exceptions.

(1) The root system of such bamboo plant(s) is entirely contained within an above ground level planter, barrel or other vessel of such design, material and location as to prevent the spread of growth of the bamboo plant's root system beyond the container in which it is planted.

(2) The root system is contained completely within a barrier constructed in accordance with the following specifications, and only after a compliance inspection is performed and a permit issued by the Township:

(a) The barrier itself shall be composed of a high density polypropylene or polyethylene, with a thickness of 40 mils or more;

(b) Each portion of the barrier shall be secured or joined together by use of stainless steel clamps or stainless steel closure strips;

(c) The barrier shall be installed no less than 30 inches deep;

(d) The barrier shall be circular or oblong shaped;

(e) Not less than three inches of the barrier shall protrude above ground level around the entire perimeter of the bamboo planting area;

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

(3) 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 shall be closer than 10 feet from any property line, pavement or sidewalk and no closer than 40 feet from a public or private roadway within the Township.

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

(1) The bamboo shall not be closer than 10 feet from any property line, pavement or sidewalk and no closer than 40 feet from any public or private roadway within the Township.

(2) Any bamboo owner whose property contains bamboo shall remove and abate the growth of any bamboo within 40 feet of the edge of pavement or traveled portion of any roadway within the Township.

(3) 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 is maintained such that it does not encroach or grow upon any adjoining or neighboring property or properties, including all public property and public rights-of-way.

(4) If the Township determines that any portion of such bamboo has been allowed to grow upon, extend roots across, or extend branches, stalks, or leaves over any public right-of-way or any private property not owned by or in possession of the bamboo owner, the bamboo owner shall be required to comply with the provisions of § 10-405, Subsection 3D(3).

F. Removal. In the event that the bamboo owner does not remove or contract for the removal of bamboo from any public or private property within 20 days from the date of written notice of any violation under this section, the Township may take such steps it deems appropriate to abate the violation, including removal of the bamboo by Township personnel, removal of the bamboo by contract, charging the costs of removal as liens against the property remediated or filing an appropriate action in equity to abate the violation. Nothing herein shall be construed to create an affirmative obligation on the part of the Township to abate or remove any bamboo within the Township.

G. Replanting prohibited. Any bamboo which is removed after the effective date of this section, whether by death, destruction or other method, may not be replanted unless such replanting is consistent with the provisions of this section that apply to new plantings.

4. Violations and penalties. Any person, firm or corporation found to be in violation of any of the terms, conditions or provisions of this section shall, in addition to any other remedies provided hereunder, upon conviction before any Magisterial District Judge, be guilty of a summary offense and shall be required to pay a fine not exceeding $1,000 plus the costs of prosecution. Each day that a violation continues after due notice shall constitute a separate offense.