[HISTORY: Adopted by the Borough Council of the Borough of
Green Lane 2-9-2023 by Ord. No. 2023-01. Amendments noted where applicable.]
The purpose of this chapter is to preserve and protect private
and public property from the damaging effects of the spread of certain
invasive, nonnative plantings, such as bamboo; to protect indigenous
plant materials from the invasive spread of nonnative plantings, such
as bamboo; and to maintain the general welfare of the residents of
the Borough of Green Lane.
For the purpose of this chapter, 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
his or her property; who maintains bamboo on his or her property;
or who permits bamboo to grow or remain on his or her property, even
if the bamboo has spread from an adjoining property. A property owner
and/or resident will not be considered to be a bamboo owner if:
He/she has provided satisfactory proof to the Borough of Green
Lane that, within a reasonable period of time after discovering the
encroachment of bamboo onto the subject property from an adjoining
or neighboring property, he/she advised the owner of such property
of his/her objection to the encroachment of the bamboo in writing;
or
He/she has initiated steps for the removal of the bamboo from
the subject property, including seeking available remedies at law
and/or equity.
Any person owning or occupying any premises within the Borough
of Green Lane. For purposes of this chapter, bamboo owner responsibilities
shall apply to the owner in the case of vacant premises or premises
occupied by the owner, or to the occupant of the premises in the case
of premises occupied by other than the owner.
A.
Any bamboo growing upon any premises in the Borough of Green Lane
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 Borough of Green Lane.
B.
Prohibitions; exceptions.
(1)
The planting or growing of bamboo shall be prohibited within the
Borough of Green Lane, unless:
(a)
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; or
(b)
The root system is contained within a barrier, constructed in
accordance with the following specifications, and only after a permit
is issued by the Borough of Green Lane:
[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;
and
[4]
When installed, the barrier shall slant outward from the bottom
to the top.
(2)
Any person who hereafter plants or grows, or causes to be planted or grown, bamboo within the Borough of Green Lane, except as under the conditions set forth in Subsection B(1)(a) and (b) above, shall be deemed to be in violation of this chapter and shall be subject to such penalties as are set forth herein.
(3)
For purposes of this chapter, 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.
C.
Property lines and removal of bamboo.
(1)
Bamboo shall not be planted, maintained, or otherwise permitted to
exist within 40 feet of the edge of the pavement or traveled portion
of any public roadway in the Borough of Green Lane. Any bamboo owner
whose property contains bamboo shall remove and abate the growth of
the bamboo within 40 feet of the edge of the pavement or travelled
portion of public road in the Borough of Green Lane.
(2)
Whether planted or in existence before the effective date of this
chapter, and/or 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.
(3)
When removing and destroying bamboo, all rhizome (underground plant
stem capable of producing the shoot and root systems of a new plant)
disposal must be by incineration only. No composting or trash disposal
of rhizomes shall be allowed.
A.
The bamboo owner shall remove, trim, or cut all bamboo growing or remaining upon such premises in violation of the provisions of § 110-3 of this chapter.
B.
The bamboo owner shall be responsible for the cost of removal and/or
abatement of bamboo that has encroached upon an adjoining property
in violation of this chapter.
C.
Preexisting bamboo.
(1)
Any bamboo that has been planted or otherwise permitted to grow on
any property within the Borough of Green Lane prior to the effective
date of this chapter may remain on such property, subject to compliance
with this chapter.
(2)
Each bamboo owner shall be responsible to ensure that the bamboo
planted or growing on his/her property prior to the effective date
of this chapter does not encroach or grow upon any adjoining or neighboring
property, including all public property and rights-of-way. Such bamboo
owners shall be required to take such measures as are reasonably expected
to prevent such invasion or encroachment in accordance with the recommendations
of an independent qualified expert familiar with the growth, removal
and/or eradication of bamboo, including, but not limited to, the installation
of sheathing comprised 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.
(3)
Replanting prohibited. Any bamboo existing on a property prior to
the effective date of this chapter 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 chapter.
A.
Encroachment. In the event that bamboo growing on a bamboo owner's
property invades or grows onto Borough of Green Lane property, including,
but not limited to, rights-of-way, the Borough of Green Lane shall
notify the bamboo owner, in writing, that bamboo has invaded the Borough
of Green Lane property and that the bamboo owner is responsible for
the removal of such bamboo from the Borough of Green Lane 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.
B.
In the event that the bamboo owner does not remove the bamboo from
the Borough of Green Lane property, or does not make an arrangement
with the Borough of Green Lane for removal of such bamboo within 15
calendar days from the date of the encroachment notice, the Borough
of Green Lane, at its discretion, may remove such bamboo from the
Borough of Green Lane property. The bamboo owner shall be liable and
responsible to the Borough of Green Lane for all costs associated
with removing the bamboo from the Borough of Green Lane 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 and payment has been made by the Borough of Green Lane
on the bamboo owner, the Borough of Green Lane may lien the property
of the bamboo owner for these costs, plus interest, fees, and expenses,
as allowed by law.
C.
In the event that the Borough of Green Lane is compelled to undertake
the removal of bamboo, as provided for above, neither the Borough
of Green Lane 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 person or entity
other than the bamboo owner, the bamboo owner shall be responsible
for such damages.
A.
In the event that there is any bamboo growing or remaining upon such premises in violation of the provisions of § 110-3 of this chapter, the Borough of Green Lane shall notify the bamboo owner, in writing, of the existence of such violation. 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 notice of violation on the premises at a conspicuous location.
B.
Any bamboo owner receiving a notice of violation shall bring his
or her property into compliance with this chapter within 15 calendar
days of the bamboo owner's receipt of said notice. If the bamboo
owner fails to bring his/her property into compliance with the notice
and this chapter, then the Borough of Green Lane may issue a nontraffic
citation against the bamboo owner.
A.
Any person who violates any of the provisions of this chapter shall,
upon conviction in a summary proceeding before any Magisterial District
Judge of Montgomery County, be punishable by a fine of not more than
$300 and costs of prosecution, including all costs and attorney fees,
for each and every offense, provided that anyone violating a provision
of this chapter may, within five days of the notice of violation or
encroachment notice, pay to the Borough of Green Lane Treasurer, under
such rules and regulations as the Borough of Green Lane Borough Council
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, penalty and imprisonment.
B.
In addition, the Borough of Green Lane Borough Council may institute
suits, in equity or at law, to restrain, prevent, or abate a violation
of this chapter. Such proceedings may be initiated before any court
of competent jurisdiction. The expense of such proceedings, including
all costs and attorney fees, shall be recoverable from the violator
in any manner as may now or hereafter be provided by law.
All other ordinances or parts thereof which are in conflict
with this chapter are hereby repealed.
The provisions of this chapter are severable, and if any section,
clause, sentence, part, or provision thereof shall be held illegal,
invalid, or unconstitutional by any court of competent jurisdiction,
such decision of the court shall not affect or impair the remaining
sections, clauses, sentences, parts, or provisions of this chapter.
It is hereby declared to be the intent of the Borough Council that
this chapter would have been adopted if such illegal, invalid, or
unconstitutional section, clause, sentence, part, or provision had
not been included herein.
This chapter shall become effective within the time period provided
by law.
