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The Abington Citizens Network
where Abington, PA residents can share ideas and join forces to build a better community
                                
                Bamboo Ordinance

  

  For most current  version of what passed Oct 2014  – go to ecode directly  

              Ecode Section 108 Nuisances – weeds /Bamboo
                         https://ecode360.com/9007330



Here are just a few summary points (AS  OF FEB 2022 ) - but please refer to the actual code and don't RELY on these very sparse points in case there have been amendaments since the passing :


------ Prohibited to plant bamboo after 10-9-14- when this ordinance passed


------If planted before that date it can remain if controlled within code specs


-----This section shall not be deemed to alter any rights at common law or otherwise that any property owner may have to recover the cost of removal of bamboo on his or her own property that has run over from a neighboring property


------- no  part of the plant, including the root system of the plant, shall be closer than 10 feet to any pavement, sidewalk or public road within the Township. In addition, all bamboo plants shall be maintained such that that portion of the plant that is aboveground shall be trimmed back to a point at least 20 feet from any pavement, sidewalk or public road within the Township.  (Soooooo ......... 10 feet back  for roots you can't see but  20 feet back for anything you CAN see)

-----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

------- 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 removal of such bamboo within 30 days from the date the Township first provided notice, the Township, at its discretion, may take the appropriate steps to effectuate the removal or arrange for removal of such bamboo, including but not limited to filing an action in equity. The bamboo owner shall be liable and responsible to the Township for all costs .

------ Any person, firm or corporation found guilty of violating any of the provisions of this article shall, upon conviction thereof, be fined not less than $10 nor more than $100 for the first offense; not less than $25 nor more than $250 for the second offense within a consecutive twelve-month period; not less than $50 nor more than $500 for the third offense within a consecutive twelve-month period; and not less than $200 nor more than $500 for the fourth offense……. Each day's failure to comply with any provision of this article shall constitute a separate violation.


Eradicating Bamboo isvery difficult .  Digging it out is usually recommended - but some have said that  putting a tarp over it ( for a long time ) can kill it. Another recommended that mowing it  continually right down to the soil so that no green ever gets to the surface eventually kills it --- and others have used industrial strength vinegar with some success. 


   SHENANIGANS, AS ALWAYS,  IN PASSING THE ORDINANCE

    OCT 2014 Board of Commissioners meeting .  There were many changes to the version proposed
They made a " Committee Meeting" type 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 waiting to address other topics. It should rightfully have been sent back to the working  Committee to work out the kinks.  Look on the ecode website / the Township Codebook for a link to what passed .
https://ecode360.com/9007330 But if you want to see how it evolved, see  the 2014 Board of Commissioners meeting video at Viebit.com/abington for the final meeting.

  ECODE AS OF 9-23
https://ecode360.com/9007330
[Amended 5-8-1980 by Ord. No. 1509; 10-9-2014 by Ord. No. 2055]
A. 
Owners of property situate in the Township of Abington, whether such property is occupied or vacant, must keep the property reasonably free of weeds, invasive honeysuckle vines, underbrush, cans, bottles or any other refuse or debris which may create or may tend to create a harbor for rats or other hazard to the public health and safety of others. Owners of all such property must keep the grass cut on their premises, including the grass in the sidewalk areas adjoining their premises.
B. 
Owners of such property must correct all violations of this section within 10 days of written notice by the Township.
C. 
Bamboo.
(1) 
Purpose and intent. The purpose of this Subsection C is to control the planting, cultivating or growing of certain running bamboo grasses in the Township of Abington 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 of or resident at property on which bamboo is found on the property 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 advised the owner of such property of his/her objection to the encroachment of the bamboo; and
(b) 
Has initiated steps for the removal of the bamboo from the property, including remedies at law.
TOWNSHIP
The Township of Abington, Montgomery County, Pennsylvania.
(3) 
General provisions.
(a) 
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 property owner, tenant, or other individual, entity or corporation having control of the property.
(b) 
Prohibition. Except as provided in § 108C(3)(d) of this Code, upon the effective date of this chapter, the planting or growing of bamboo shall be prohibited within the Township, and no persons, property owners, tenants, or other individuals, entities, or corporations having control of property within the Township shall plant, cultivate, or cause to grow any bamboo on any lot or parcel of ground within the Township. Any person who thereafter plants or grows, or causes or allows to be planted or grown, bamboo within the Township shall be deemed to be in violation of this chapter and shall be subject to such penalties as are set forth herein.
(c) 
This section shall not be deemed to alter any rights at common law or otherwise that any property owner may have to recover the cost of removal of bamboo on his or her own property that has run over from a neighboring property.
(d) 
Exceptions:
[1] 
The root system of such bamboo plants is entirely contained within an above-ground-level planter, barrel or other vessel of such design, material, and location as to entirely prevent the spread of growth of the bamboo plants' root system beyond the container in which it is planted; or
[2] 
The root system is contained 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 high-density polypropylene or polyethylene, with a thickness of 40 mm or more;
[b] 
Each portion worksheet of the barrier shall be secured or joined together by the use of stainless steel clamps or stainless steel closure strips designed to be used with such barriers;
[c] 
The barrier shall be installed not 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;
[f] 
When installed, the barrier shall slant outward from bottom to 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, including the root system of the plant, shall be closer than 10 feet to any pavement, sidewalk or public road within the Township. In addition, all bamboo plants shall be maintained such that that portion of the plant that is aboveground shall be trimmed back to a point at least 20 feet from any pavement, sidewalk or public road 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 chapter may remain on such property subject to compliance with the following:
[1] 
The bamboo shall not be closer than 10 feet to any, pavement, sidewalk, or a public road within the Township. In addition, all bamboo plants shall be maintained such that that portion of the plant that is aboveground shall be trimmed back to a point at least 20 feet from any pavement, sidewalk or public road within the Township.
[2] 
Any bamboo owner whose property contains bamboo shall remove and abate the growth of the bamboo, including the root system of the plant, within 10 feet of the edge of the pavement or traveled portion of a public road in the Township. In addition, all bamboo plants shall be maintained such that that portion of the plant that is aboveground shall be trimmed back to a point at least 20 feet from any pavement, sidewalk or public road within the Township.
[3] 
Each bamboo owner shall be responsible for ensuring 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 Code Enforcement Officer 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 the possession of such landowner, the property owner or possessor shall be required to comply with the provisions of § 108-12C(3)(d)[2] above.
(f) 
Removal. 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 removal of such bamboo within 30 days from the date the Township first provided notice, the Township, at its discretion, may take the appropriate steps to effectuate the removal or arrange for removal of such bamboo, including but not limited to filing an action in equity. The bamboo owner shall be liable and responsible to the Township for all costs incurred in removing the bamboo from the Township property, including reasonable attorneys' fees. Such costs may be assessed against the property of the bamboo owner and entered as a lien on the property. Nothing herein shall be construed to create any affirmative obligation on the part of the Township to abate or remove any bamboo within the Township.
(g) 
Replanting prohibited. Any bamboo either planted or caused to be planted or existing on a property prior to the effective date of this chapter may not be replanted or replaced in kind once such running bamboo is or has become, for any reason, dead, destroyed, uprooted or otherwise removed, unless such replanting is consistent with the provisions of this chapter that apply to new plantings.
D. 
Violations and penalties. Any person, firm or corporation violating any of the provisions of this section 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 and costs of prosecution. Each and every day on which any person, firm or corporation shall be in violation of this section shall constitute a separate offense.
E. 
Severability. The provisions of this section are severable, and if any section, clause, sentence or part or provision thereof shall be held illegal, invalid or unconstitutional, the decision of the court shall not affect or impair the remaining parts and provisions of this section.
[Amended 11-13-1969 by Ord. No. 1265; 11-8-1984 by Ord. No. 1577]
Any person, firm or corporation found guilty of violating any of the provisions of this article shall, upon conviction thereof, be fined not less than $10 nor more than $100 for the first offense; not less than $25 nor more than $250 for the second offense within a consecutive twelve-month period; not less than $50 nor more than $500 for the third offense within a consecutive twelve-month period; and not less than $200 nor more than $500 for the fourth offense within a consecutive twelve-month period, plus costs of prosecution for each offense, and in default of payment of said fine and costs, the defendant may be sentenced and committed to the township lockup for a period not exceeding 30 days. Each day's failure to comply with any provision of this article shall constitute a separate violation.




 

This site is a forum for information sharing, idea sharing and opinions.  Please feel free to send your  view  and please be sure to  tell us about any information you believe to be incorrect - write  lel@abingtoncitizens.com
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Abington Township revamped the entire Township website at the end of 2015 and broke all the links to the information. In 2017, under Richard Manfredi, someone inexperienced was assigned to redo the entire website again. The public was not asked what problems they would like to see fixed. Their new plan was not well thought out, so everything was very hard to find and there were giant paragraphs you had to slog through in order to find the pertinent one or two lines that you needed. Or if you were lucky enough to even find the meetings and agenda page, there was (and still is) a whole page of nonsense on top, so you think you're on the wrong page. Zoom limks are burrid in a giant paragraph, so people can't find them to attend the meeting. They know about these  problems - but have just decided to ignore us.... for the whole of Richard Manfredi's time here (with Tom Hecker's consent).

 Now, in 2025, we are due to get a new Manager, and there are funds put aside to, once again, upgrade the Township website. We can only hope for a fresh chance at fixing some of these things, as our Township website is the best tool we have for communication and should be an easy, user friendly site for all.

We need volunteers willing to work together to help improve the Township site that everyone has to use,  to make it functional and accessible. 

 We will be repairing our broken links in this Abington Citizens site, too, and fixing some of our many, many typo's as much as is possible. (Yes, it's quite evident that, unlike the Township, WE don't have a paid staff of 275+ or a $93 million budget).

 So...please let us know if you find broken links or typos. Send us the URL and/or and the name of the page it is on, so we can correct it.
Thanks for the help.

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