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Ordinance No ORDINANCE NO. 421 AN ORDINANCE OF THE BOROUGH OF CHALFONT, AMENDING THE CHALFONT BOROUGH ZONING ORDINANCE BY IDENTIFYING AND PROVIDING REGULATIONS FOR THE CULTIVATION OF RUNNING BAMBOO AND PROVIDING FOR PENALTIES FOR VIOLATIONS OF THE REGULATIONS. The Borough Council of The Borough of Chalfont, Bucks County, Pennsylvania, hereby ordains: Section 1 – Adoption of the Zoning Ordinance Whereas, the Borough Council of Chalfont Borough, Bucks County, Pennsylvania has previously enacted and ordained “The Chalfont Borough Zoning Ordinance” which established Zoning Districts and requirements within Chalfont Borough and Borough Council of Chalfont Borough, Bucks County, Pennsylvania has identified a need to restrict and control the planting of running bamboo, so as to prevent the spread of running bamboo and the trespass of running bamboo onto the public rights-of-way and/or neighboring properties. Therefore, it is the intent of this Chapter to protect the rights of, and maintain the property values of, individuals that own property within the community and to ensure that running bamboo growth does not become a threat to the public health, safety and welfare of the residents of Chalfont Borough. Section 2 – Amendments The following portions of “The Chalfont Borough Zoning Ordinance” are hereby revised as follows: Part 5 – Performance Standards, Section C – Nuisance Standards – shall be added: Section 27-530 Running Bamboo: §27-530(1) Purpose The provisions of this Chapter are enacted to control the planting, growing or cultivating of running bamboo in Chalfont Borough so as to prevent the spread of running bamboo and the trespass of running bamboo onto the public rights-of-way and/or neighboring properties. Therefore, it is the intent of this Chapter to ensure that running bamboo growth does not become a threat to the public health, safety and welfare. §27-530(2) Definitions RUNNING BAMBOO – Any of various woody or arborescent grasses, as of the genera bambusa, arundinaria and dendrocalamus of the subfamily bambusoideae, of tropical and temperate regions having hollow stems and thick rhizomes including but not limited to, Acidosasa, Arundinaria, Bashania, Brachystachyum, Chimonbambusa, Gelidocalamus, Indocalamus, Indosasa, Ochlandra, Phyllostachys, Pleioblastus, Pseudosasa, Sasa, Sasaella, Semiarundinaria, Shibataea, and Sinobambusa. §27-530(3) Vegetation Restricted No person, firm, corporation or other entity owning or occupying any property within Chalfont Borough, Bucks County, Pennsylvania, shall plant, cause to grow or cultivate running bamboo except as allowed under §27- 530(5). §27-530(4) Removal, Cutting or Trimming Required The owner of any premises on which running bamboo plants or roots currently exist shall remove, trim or cut all running bamboo located on said property which violates the provisions of this Chapter, such that no part of running bamboo, including the root system, is closer than twenty (20) feet from any public right-of-way or any property line and they shall provide barriers to prevent future encroachment of running bamboo plants or root systems into these areas. The barrier shall be composed of a high density polypropylene or polyethylene, with a thickness of at least 40 mils. The barrier shall be secured and joined together by stainless steel clamps or stainless steel closure stripes designed to be used with such barriers and shall be installed at least thirty (30) inches deep. At least three (3) inches of barrier must protrude above ground level and the barrier shall slant outward from bottom to top. §27-530(5) Regulations governing the Planting, Growing or Cultivation of Running Bamboo No person, property owner, or tenant shall plant, cause to grow or cultivate any running bamboo plants on any lot or parcel of ground within the borough subject to the following exception: 1. The root system of the bamboo plants are entirely contained within an above ground planter, barrel or other container of such design, material and location as to prevent the spread of the bamboo root system beyond the confines of the container in which it is contained. §27-503(6) Complaint, Notice, Order for Removal and Compliance Whenever a complaint is received by the borough regarding the encroachment of any running bamboo plant or root onto the public right-of-way and/or any other neighboring property, or whenever the borough on its own observations and inspections determines that there is an encroachment of running bamboo plants or roots onto the public right-of-way, the borough shall give notice to the property owner to remove the running bamboo plant or root system. 1. The Notice shall be mailed by certified mail, return receipt requested, properly addressed and with sufficient postage. Notice by certified mail shall be deemed complete on the date of personal delivery. If the certified mail is marked “refused”, “unclaimed” or otherwise undeliverable by the United States Postal Service, notice will be sent by regular mail and by posting a Notice on the property. 2. The Notice shall specify the nature of the violation. 3. The Notice shall state that the violation must be corrected within thirty (30) days from the date of mailing or posting of the property, whichever is later. 4. The Notice shall state specifically what must be done by the property owner to correct the violation and come into compliance. 5. The Notice shall state that failure to comply within thirty (30) days may result in a citation being issued to the property owner daily until such time as the running bamboo plants and root system is removed. 6. The borough may, at the discretion of the Borough Council, elect to remove or have removed the offending running bamboo plant and root system and have the property owner be billed for all costs incurred by the borough or the borough may have a lien placed on the property for the cost associated with removal. 7. The borough and/or any subcontractor retained by the borough to remove the running bamboo plant and root system shall have no liability for damages to the property associated with the violating vegetation. Any and all damages to other properties from the removal the running bamboo plant or root system shall be the sole responsibility of the property owner of the property in which the violation exists. 8. Once removed the replanting of the running bamboo plant or root system is prohibited. 9. Disposal of removed running bamboo plant or root system shall be done in an ecologically sensitive manner within a sealed container. §27-503(7) Penalties. Any property owner determined by any court of competent jurisdiction to have violated this section shall be subject to pay a fine of $1000.00 per day for each day that the violation persists as well as court costs, legal fees and any other fees incurred by the borough to enforce this section. Each day of a continuing violation shall constitute a separate offense for which a separate fine shall be levied. Section 3 – Inconsistent Ordinances Repealed Ordinances of Chalfont Borough, Bucks County, Pennsylvania, and/or Resolutions or parts thereof which are inconsistent with this Ordinance are hereby repealed to the extent of such inconsistency. Section 4 – Saving Clause That nothing in this Ordinance hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in Section 2 of this Ordinance; nor shall any just or legal right of remedy of any character be lost, impaired or affected by this Ordinance. Section 5 – Severability If any sentence, clause, section or part of this Ordinance is for any reason found to be unconstitutional, illegal, or invalid; such infirmity shall not affect nor impair the remaining provisions, sentences, clauses or parts of this Ordinance. It is hereby declared as the intent of the Borough Council of the Borough of Chalfont that this Ordinance would have been adopted had such unconstitutional, illegal, or invalid sentence, clause, section or part thereof not been included therein. Section 6 – Effective Date. This Ordinance shall become effective thirty (30) days after it is enacted by the Chalfont Borough Council. THIS ORDINANCE IS ORDAINED AND ENACTED THIS ___________ DAY OF ___________, 2015. CHALFONT BOROUGH COUNCIL ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ ATTEST: ____________________________________ .
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