(a) After the effective date of this chapter, the planting of bamboo on any lot or parcel of land within the Borough limits is prohibited. Any bamboo that is already in existence on any property within the Borough limits as of the effective date of this chapter, may remain on such property, unless the Borough code enforcement official determines, upon complaint from any abutting or nearby affected property owner, that any portion of such bamboo has been allowed to grow upon, extend roots across, or extend branches, stalks or leaves over any buffer zone. In the event that the code enforcement official determines that the area of bamboo within the buffer zone of any bamboo owner's property is less than 750 square feet, the bamboo owner must remove the bamboo from the buffer zone within 120 days of receipt of notice, or within 120 days of the following April 1st if receipt of notice occurs between November 1st and March 31st, and the bamboo owner must take additional measures by the anniversary of such 120th day to prevent the regrowth of bamboo within the buffer zone. In the event that the code enforcement official determines that the area of bamboo within the buffer zone of any bamboo owner's property exceeds 750 square feet, the bamboo owner must remove at least 750 square feet of bamboo from the buffer zone within 120 days of receipt of notice, or within 120 days of the following April 1st if receipt of notice occurs between November 1st and March 31st, and must take additional measures by each subsequent anniversary of such 120th day to prevent the regrowth of bamboo within that area and to further reduce the square footage of bamboo within the buffer zone by at least an additional 750 square feet, until all bamboo has been removed from the buffer zone.
(b) This chapter shall not be deemed to alter any rights at common law or otherwise that any property owner may have to seek remedies and recover the cost of removal of bamboo on their own property from another person or entity that has caused the spread of bamboo. This chapter shall also not be deemed to create any affirmative duty on behalf of the Borough to require the removal of bamboo or the enforcement of this chapter, which enforcement shall at all times remain at the discretion of the Borough. The code enforcement official shall further retain discretion in the enforcement of subsection (a) above, such as in circumstances where the enforcement of the buffer zone is not warranted due to bamboo height, topography, property size or irregularity, or reduced risk of harm to neighboring properties.
(Ord. 1069. Passed 6-8-15.)