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The Abington Citizens Network
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                Bamboo Ordinance

    A new ordinance was passed at the Oct 2014 Board of Commissioners meeting .
There were many changes to the version proposed
They made a working session out of the Commissioner's meeting ....something they constantly say they can't do . It went on forever - much to the chagrin of the OTHER attendees and should rightfully have been sent back to the working  Committee to work out the kinks.  Look on the website for a link to the new version - It should appear shortly in the Code Book .

Below  is the
 version ithat was proposed 5-14 from a DRAFT of  10-28-2013 -
This is not how it was passed.

Sorry I lost formatting :  but this will give you an idea of what's coming up June 2014

TOWNSHIP OF ABINGTON
MONTGOMERY COUNTY, PENNSYLVANIA
ORDINANCE NO. _____
AN ORDINANCE ADOPTING REGULATIONS FOR THE
PLANTING AND GROWING OF RUNNING BAMBOO
WHEREAS, the Township of Abington is a township of the first class, duly organized
and existing pursuant to the applicable laws of the Commonwealth of Pennsylvania; and
WHEREAS, section 1502.26 of the Pennsylvania First Class Township Code (53 P.S.
565.26) authorizes townships of the first class to prohibit the growing of weeds or any other
nuisance on public or private grounds which are prejudicial to the public health or safety, and
WHEREAS, section 1502.44 of the Pennsylvania First Class Township Code (53 P.S.
56544) authorizes townships of the first class to make such regulations as may be deemed
necessary for the health, safety, morals, general welfare, cleanliness, beauty, convenience and
comfort of the township and the inhabitants thereof; and
WHEREAS, the Board of Commissioners of the Township of Abington and the
Township staff have received a number of complaints from property owners that certain species
of bamboo and other invasive species, initially grown on adjoining properties, have invaded their
properties, without their permission, resulting in potential or actual damage to the property and
damage to structures located on the property; and
WHEREAS, the Board of Commissioners finds that the public health, safety and welfare
would be served by prohibiting the spread of bamboo from one property to another property,
including the properties and public rights of way of the Township of Abington.
NOW, THEREFORE, the BOARD OF COMMISSIONERS of the TOWNSHIP OF
ABINGTON does hereby ENACT and ORDAIN as follows:
Section 1. Purpose and Intent. The purpose of this Ordinance is to preserve and
protect private and public property from the damaging spread of certain running bamboo grasses,
protect indigenous plant materials from the invasive spread of running bamboo, and maintain the
general welfare of the residents of Abington Township.
Section 2. General Provisions.
A. Definitions:
i. Bamboo Owner – Any property owner or resident who has planted and/or
grows bamboo on his or her property, or who purchases a property
knowing that bamboo is presently growing on the property; who maintains
Bamboo on the property provided, that any property owner or resident
who did not plant or grow or cause bamboo to be planted on his property,
and takes affirmative steps to have the bamboo removed upon discovering
its existence on his property shall not be considered a Bamboo Owner for
the purposes of this Ordinance.
a. Did not plant or grow or cause bamboo to be planted on his property,
and takes affirmative steps to have the bamboo removed upon
discovering its existence on his property, or
b. Provides satisfactory proof to the Township that, within a reasonable
time after discovering encroachment of bamboo onto his property from
an adjoining or neighboring property, or, in the case of existing
encroaching bamboo, within sixty (60) days of the effective date of
this Ordinance, the property owner advised the adjoining or
neighboring owner of such property of his objection to the
encroachment of the bamboo.
ii. Township – The Township of Abington, County of Montgomery,
Commonwealth of Pennsylvania.
B. Containment. Upon the effective date of this Ordinance, any person who plants
bamboo on his or her property must simultaneously install any containment
device or material necessary to ensure that the bamboo cannot spread. Such
measures shall include, but shall not be limited to, installation of sheathing
comprised of metal or other material impenetrable by bamboo at a sufficient depth
to prevent the spreading of the bamboo. Any person who, after the effective date
of this Ordinance, plants or grows, or causes to be planted or grown, bamboo
within the Township without simultaneously installing such a containment device
or material, shall be deemed to be in violation of this Ordinance, and shall be
subject to such penalties as are set forth hereunder.
C. Regulation. Any Bamboo that has been planted or otherwise permitted to grow
on any property within the township prior to the effective date of this Ordinance
may remain on such property subject to compliance with the following:
i. 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 traveled portion of a publc road in the Township, and shall
remove and abate the growth of the bamboo within 5 feet of any other
property line; and
ii. Each Bamboo Owner shall be required to take such measures as may be
necessary to prevent such Bamboo from invading or growing onto
adjoining or neighboring properties. Such measures shall include, but
shall not be limited to, 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.
D. Removal.
i. In the event that bamboo growing on a Bamboo Owner’s property invades
or grows on a public right-of-way or an adjoining property that is owned
by the Township, the Township shall notify the Bamboo Owner in writing
that the Bamboo has invaded the Township property and that the Bamboo
Owner is responsible for the removal of such bamboo from the Township
property. This notice shall be sent by certified mail, return receipt
requested and by regular mail to the latest address of the Bamboo Owner
on file with the Township. A copy of the notice shall also be posted at the
Bamboo Owner’s property.
ii. In the event that the Bamboo Owner does not remove or contract for the
removal of the bamboo from the Township property, or does not make an
arrangement with the Township for the removal of such bamboo within
thirty (30) days from the date the Township first provided notice pursuant
to the above, the Township, at its discretion, may remove or arrange for
the removal of such Bamboo from the Township property. The Bamboo
Owner shall be liable and responsible to the Township of all costs incurred
in removing the bamboo from the Township property. Such costs may be
assessed against the property of the Bamboo Owner.
iii. In the event that Bamboo growing on a Bamboo Owner’s property invades
or grows on an adjoining private property, the private property owner shall
notify the Bamboo Owner in writing that the Bamboo has invaded his or
her property and that the Bamboo Owner is responsible for the removal of
such Bamboo from the private property. This notice shall be sent by
certified mail, return receipt requested and by regular mail to the latest
address of the Bamboo Owner on file with the Township, which address
may be obtained from the Code Enforcement Department of the
Township.
Section 3. Violations and Penalties. Any person, firm or corporation violating any of
the provisions of this Ordinance shall, in addition to the other charges hereinbefore provided for,
upon conviction before any Magisterial District Justice, be guilty of a summary offense and shall
be required to pay a fine not exceeding $1,000.00 and costs of prosecution. Each and every day
on which any person, firm or corporation shall be in violation of this Ordinance shall constitute a
separate offense.
Section 4. Severability. In the event that any section, sentence, clause or word of this
ordinance shall be declared illegal, invalid or unconstitutional by any Court of competent
jurisdiction, such declaration shall not prevent, preclude or otherwise foreclose the validity of the
remaining portions of this ordinance.
Section 5. Repealer. All ordinances or parts of ordinances inconsistent herewith or in
conflict with any of the specific terms enacted hereby, to the extent of said inconsistencies or
conflicts, are hereby specifically repealed.
Section 6. Effective Date. This Ordinance shall be effective thirty (30) days following
enactment.
ENACTED and ORDAINED this _____ day of ______________________, 20___.
TOWNSHIP OF ABINGTON
Attest:
_________________________________ By: ____________________________________
Michael LeFevre, Secretary Peggy Myers, President
Board of Commissioners


 

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