The purpose of this chapter is to preserve and protect private
and public property from the damaging spread of certain running bamboo
grasses, protect indigenous plant materials from the invasive spread
of running bamboo and maintain the general welfare of the residents
of the Village of Northport.
As used in this chapter, the following terms shall have the
meanings indicated:
BAMBOO
A.
RUNNING BAMBOOHereinafter defined as any tropical or semitropical grasses with monopodial (leptomorph) rhizome (root) systems which typically send off rhizomes far away from the plant, including, but not limited to, the following plant genera: Arrow bamboo, Arundinaria, Bambusa, Chimonobambusa, Common bamboo, Golden bamboo, Phyllostachys, Pleioblastus, Pseudosasa, Sasa, Sasaella, and Semiarundinaria.
B.
CLUMPING BAMBOOHereinafter defined as any tropical or semitropical or sympodial podial (pachymorph) grasses which typically send off rhizomes near the base of the plant, including, but not limited to, Bambusa, Chusquea, Dendrocalamus, Drepanostachyum, Fargesia, Himalayacalamus, Otatea, Thamnocalamus, Thyrostachys and Yushania.
BAMBOO OWNER
Any property owner or resident who has planted and/or grows
bamboo, or who maintains bamboo on the 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 or resident at whose property
bamboo is found will be considered a bamboo owner, except any property
owner or resident who:
A.
Did not plant or grow or cause bamboo to be planted or grown
on his property; and
B.
Has provided satisfactory proof to the Village of Northport
that, within a reasonable period of time after discovering the encroachment
of bamboo onto the property from an adjoining or neighboring property,
advised the owner of such property of an objection to the encroachment
of the bamboo; and
C.
Has initiated steps for the removal of the bamboo from the property,
including remedies at law.
In the event bamboo is found to have encroached, spread, invaded
or intruded upon any other property or right-of-way, said species
shall be presumed to be classified as "running bamboo." This presumption
shall be rebuttable.
For the 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 bamboo owner.
Upon the effective date of this provision the planting of running
bamboo shall be prohibited within the Village of Northport. Any person
who thereafter plants or causes to be planted any such running bamboo
within the Village of Northport shall be deemed to be in violation
of this Section and shall be subject to such penalties as are set
forth hereunder.
In the event any species of bamboo is located upon any property
within the Village of Northport, the owner or occupant of said property
shall confine such species to prevent the encroachment, spread, invasion
or intrusion of same within 20 feet of any other property or right-of-way.
Any bamboo that has been planted or otherwise permitted to grow
on any property within the Village of Northport prior to the effective
date of this section may remain on such property subject to compliance
with this section.
A. Bamboo shall not be planted, maintained or otherwise be permitted
to exist within 20 feet of the edge of the pavement or traveled portion
of any public roadway in the Village of Northport;
B. Any bamboo owner whose property contains bamboo shall remove and
abate the growth of the bamboo within 20 feet of an adjoining property
and within 20 feet of the edge of the pavement or traveled portion
of a public or private road in the Village of Northport;
C. Each bamboo owner shall be responsible to ensure that the bamboo
planted or growing on their property prior to the effective date of
this section does not encroach or grow within 20 feet of any adjoining
or neighboring property or properties, including all public property
and Village of Northport rights-of-way;
D. Each bamboo owner shall be required to take such measures as are
reasonably expected to prevent such bamboo from invading or growing
onto adjoining or neighboring properties. Such measures shall include,
but not be limited to, installation of sheathing impenetrable by bamboo
at a sufficient depth, which shall be at a depth of a minimum of three
feet, within the property line or lines where the running bamboo is
planted or is growing to prevent the growth or encroachment upon adjoining
or neighboring property by the bamboo; and
E. The Board of Trustees may from time to time prescribe such rules
and regulations as may be necessary to give effect to this section.
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.