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Upper Southampton Township

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939 Street Road
Southampton, PA 18966

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Public Notice - Amending Chapter 120 of the Code - Nuisances - Bamboo and Sump Pump

PUBLIC NOTICE

Notice is hereby given that the Board of Supervisors of Upper Southampton Township, County of Bucks, Commonwealth of Pennsylvania, will hold a public hearing on May 2, 2017 at 7:00 PM at the Southampton Free Library, lower level meeting room, located at 947 Street Road, Southampton, PA 18966 to consider adoption of the following ordinance:

AN ORDINANCE OF THE BOARD OF SUPERVISORS OF UPPER SOUTHAMPTON TOWNSHIP, COUNTY OF BUCKS, COMMONWEALTH OF PENNSYLVANIA AMENDING CHAPTER 120 OF THE CODE OF THE TOWNSHIP OF UPPER SOUTHAMPTON TITLED “NUISANCES” BY ADDING A DEFINITION OF “BAMBOO” AND ESTABLISHING THAT THE ACT OF ALLOWING UNRESTRICTED GROWTH OF BAMBOO IS A NUISANCE THAT IS PROHIBITED IN THE TOWNSHIP AND ADDING A DEFINITION OF “SUMP PUMP” AND ESTABLISHING THAT THE ACT OF ALLOWING SUMP PUMP DISCHARGE AND DOWNSPOUT DISCHARGE ONTO STREET LOCATED IN THE TOWNSHIP IS A NUISANCE THAT IS PROHIBITED IN THE TOWNSHIP

The full text of the proposed ordinance may be examined at the office of the Township Manager, 939 Street Road, Southampton, PA 18966. The full text is also available on the Township’s website at www.ustwp.org. The public is invited to attend and provide comment.

TOWNSHIP OF UPPER SOUTHAMPTON

BUCKS COUNTY, PENNSYLVANIA

ORDINANCE NO.

AN ORDINANCE OF THE BOARD OF SUPERVISORS OF UPPER SOUTHAMPTON TOWNSHIP, COUNTY OF BUCKS, COMMONWEALTH OF PENNSYLVANIA AMENDING CHAPTER 120 OF THE CODE OF THE TOWNSHIP OF UPPER SOUTHAMPTON TITLED “NUISANCES” BY ADDING A DEFINITION OF “BAMBOO” AND ESTABLISHING THAT THE ACT OF ALLOWING UNRESTRICTED GROWTH OF BAMBOO IS A NUISANCE THAT IS PROHIBITED IN THE TOWNSHIP AND ADDING A DEFINITION OF “SUMP PUMP” AND ESTABLISHING THAT THE ACT OF ALLOWING SUMP PUMP DISCHARGE AND DOWNSPOUT DISCHARGE ONTO STREET LOCATED IN THE TOWNSHIP IS A NUISANCE THAT IS PROHIBITED IN THE TOWNSHIP

WHEREAS, the Board of Supervisors of Upper Southampton Township, County of Bucks, Commonwealth of Pennsylvania is empowered to and has established regulations with regard to the prohibition of nuisances located throughout the township; and

WHEREAS, residents of Upper Southampton Township are experiencing problems with the unrestricted growth of bamboo, an invasive species of plant, on properties located throughout the Township; and

WHEREAS, the Board of Supervisors of Upper Southampton has determined that it is in the best interests of the Township, its residents and property owners to prohibit the unrestricted growth of Bamboo on properties located in the Township and establish that such act is a nuisance that is prohibited in the Township; and

WHEREAS, AND FURTHER, residents of Upper Southampton Township are experiencing problems with the unrestricted discharge of water from sump pumps and downspouts to adjoining properties and the streets located in the Township; and

WHEREAS, the Board of Supervisors of Upper Southampton has determined that it is in the best interests of the Township, its residents and property owners to prohibit the unrestricted discharge from sump pumps onto adjoining properties and roadways located in the Township and establish that such act is a nuisance that is prohibited in the Township; and

NOW THEREFORE, the Board of Supervisors of Upper Southampton Township, County of Bucks, Commonwealth of Pennsylvania does hereby ordain and enact the following:

Section 1. Chapter 120 titled “NUISANCES” of the Code of the Township of Upper Southampton is hereby amended by the addition of the following definitions to Section 120-3:

BAMBOO: Any monopodial (running) tropical or semi-tropical grasses from the genera Phyllostachys or Pseuodosasa, including but not limited to Phyllostachys aureosulcata commonly known as Yellow Groove Bamboo. In addition, this definition includes Common Bamboo, Golden Bamboo and Arrow Bamboo.

SUMP PUMP: a pump located in a basement or anywhere on a property to remove accumulations of water from a sump pit or other area(s) of the property.

Section 2. Section 120-4 titled “Nuisances defined and prohibited” of Chapter 120 titled “NUISANCES” of the Code of the Township of Upper Southampton is hereby amended by addition of the following Subsection 120-4.G.:

Subsection 120-4.G.

G. Bamboo – the act of planting bamboo or the act of allowing Bamboo to grow unrestricted on a property to the extent that it grows and spreads onto an adjoining property or it grows to a height at which it comes into contact with overhead wires or traffic signal control devices or obstructs any sidewalk and/or streets in any way or the act of disposing of any or all vegatatively reproductive pieces in such places that may allow it to grow and colonize additional areas.

Section 3. Section 120-4 titled “Nuisances defined and prohibited” of Chapter 120 titled “NUISANCES” of the Code of the Township of Upper Southampton is hereby amended by addition of the following Subsection 120-4.H.:

Subsection 120-4.H.

H. Ice on Street caused by Sump Pump and Downspout Discharge – the act of allowing a sump pump or downspout to discharge water in such a manner so that (1) water from it enters onto and freezes on any street located in the Upper Southampton Township and causes an icy condition or (2) water from it enters onto on any street located in the Upper Southampton Township and results in an accumulation of water on the street or street right of way.

Section 4. All other regulations, provisions, parts, paragraphs, sections, subsections, clauses, sentences or portions thereof of the Code of the Township of Upper Southampton shall remain unchanged and in full force and effect.

Section 5. The provisions of this Ordinance are severable. If any section, clause, sentence, part or provision thereof shall be held illegal, invalid or unconstitutional by any court of competent jurisdiction, such decisions of the court shall not impair any of the remaining sections, clauses, sentences, parts or provisions of this Ordinance. It is hereby declared to be the intent of the Board of Supervisors of Upper Southampton and that this Ordinance would have been enacted if such illegal, invalid or unconstitutional section, clause, sentence, part of provisions had not been included herein.

Section 6. This Ordinance shall become effective five (5) days after adoption by the Board of Supervisors of Upper Southampton Township.

ORDAINED AND ENACTED by the Board of Supervisors of Upper Southampton Township on this day of , 2017.

BOARD OF SUPERVISORS OF UPPER SOUTHAMPTON TOWNSHIP

COUNTY OF BUCKS,

COMMONWEALTH OF PENNSYLVANIA

 

By: ___________________________________

Keith E. Froggatt Sr, Chairman

Attest: _____________________________________

Lola G. Biuckians, Secretary/Treasurer