Newtown Township Moves Forward Toward Banning “Noxious Weeds”

UPDATE: The BOS voted unanimously to enact this ordinance at the November 10, 2021, public meeting.

At the October 27, 2021, Newtown Board of Supervisors (BOS) public meeting, there was a lively debate regarding the proposed amendment to the township's Vegetation (i.e., "Weed") Ordinance.

The amendment was recommended to the BOS the SALDO Ad Hoc Group, which included members of the Newtown Township Environmental Advisory Council (EAC), Planning Commission, and Parks and Recreation Board.

Newtown Township's Vegetation ordinance of 1965 was last amended in 1983 and 1992, so it is well due for a change. A new amendment can accommodate native plants, best management practices, and still allow for the control of unmanaged noxious weeds or alien plant growth,

The EAC endorsed the draft amendment to the Vegetation Ordinance and recommended that the draft amendment receive appropriate reviews, referrals and approvals for adoption to the Township Code.

“Of special note, in Appendix A, the list of Noxious Weeds, is the inclusion of Japanese Barberry as a prohibited plant,” said the EAC. The EAC considers the addition of Japanese Barberry to be a significant addition because of its association with Lyme disease vectors.

The EAC also welcomed the inclusion of Industrial Hemp to the Township Code as a sustainable, environmentally friendly, economically beneficial agricultural crop, as determined and regulated by the State Department of Agriculture since 2019.

EAC member Jan Filios spoke about the need for updating the ordinance and gave her thoughts regarding the penalties.

The Board of Supervisors agreed that the health, safety, and general welfare of the residents and property owners of Newtown Township will be served by amending the Vegetation Ordinance as recommended by the EAC.

It was agreed that the real purpose of the ordinance is to EDUCATE the public, not punish them. After much back and forth discussion regarding penalties, it was decided to authorize the advertisement of the amended ordinance with the following change: “violator shall pay a fine of not less than $250 nor more than $1,000” to “violator shall pay a fine of not less than $50 nor more than $250”.

In Support of the Ordinance

As is typical of all ordinances, the amended ordinance cites more reasons for enactment in the “WHEREAS” section:

• WHEREAS, noxious weeds and invasive plants are non-native, exotic, and alien plants that cause harm to human health, economic harm, and harm to the Township’s natural areas and ecosystems; and
• WHEREAS, noxious weeds and invasive plants are a growing ecological, economic, and health concern for the Township of Newtown; and
• WHEREAS, once established, noxious weeds and invasive plants are extremely difficult and costly to control and eradicate; and
• WHEREAS, the Newtown Township Board of Supervisors desires to mitigate the impact of noxious weeds and invasive plants by preventing their persistence in Newtown Township; and
• WHEREAS, The Pennsylvania Department of Agriculture identifies noxious weeds and invasive plants and regulates noxious weeds; and acknowledges the general need for plant control and maintenance of desirable species; and
• WHEREAS, noxious weeds and invasive plants are recognized by the Pennsylvania Department of Conservation and Natural Resources (“DCNR”) as causing harm to the natural ecosystems of Pennsylvania; and DCNR maintains lists of such plants and acknowledges the general need for plant control and maintenance of desirable species; and
• WHEREAS, the Newtown Board of Supervisors recognizes that the regulation of controlled plants may permit new commercial uses and economic benefits of selected species or their variants, and
• WHEREAS, the Board of Supervisors has determined that the health, safety, and general welfare of the residents and property owners of Newtown Township will be served by amending Chapter 10 (Health and Safety) of the Newtown Township Code of Ordinances in accordance with the provisions of this Ordinance;

Next Steps

The BOS approved advertising the proposed amendment by a unanimous 5-0 vote. According to the Section 610 of the Pennsylvania Municipalities Planning Code, “The governing body shall publish the proposed ordinance or amendment once in one newspaper of general circulation in the municipality not more than 60 days nor less than 7 days prior to passage. Publication of the proposed ordinance or amendment shall include either the full text thereof or the title and a brief summary, prepared by the municipal solicitor and setting forth all the provisions in reasonable detail.”

You can find a copy of the revised ordinance here.