[HISTORY: Adopted by the Board of Trustees of the Village
of Plandome Manor 6-17-2014 by L.L. No. 2-2014. Amendments noted where
applicable.]
A.
Purpose. The purpose of this chapter is to promote and to protect
the property, property values and welfare of the residents of the
Village of Plandome Manor, and to protect the property and preserve
the aesthetic qualities of the environment of the Village of Plandome
Manor.
B.
Intent. It is the finding of the Board of Trustees that the planting
and/or the growing of bamboo, within the Village of Plandome Manor
has been and will continue to be destructive to the natural environment,
including indigenous flora, and destructive to structures and walks
on properties within the Village adjoining and neighboring those properties
where bamboo has been planted and/or permitted to grow; that because
of these effects, the planting and the growing of bamboo threatens
the value and physical integrity of both public and private property
in the Village; and that, therefore, in order to protect and preserve
said environment and values, the Village declares it necessary to
regulate or prohibit the planting and/or growing of bamboo within
the Village.
As used in this chapter, the following terms shall have the
meaning indicated:
Any species commonly considered to be classified as "bamboo,"
either "running" or "clumping," hereinafter defined as any tropical
or semitropical monopodial (leptomorph) or sympodial (pachymorph)
grasses, including, but not limited to, Arundinaria, Bambusa, Chimonobambusa,
Dendrocalamus, Fargesia, Phyllostachys, Pleioblastus, Pseudosasa,
Sasa, Sasaella, and Semiarundinaria.
Effective upon the date this provision shall become law, the
planting or installation of bamboo shall be prohibited within the
Village of Plandome Manor. Any person who shall thereafter plant,
install, or cause or permit the planting or installation of bamboo,
within the Village shall be deemed to be in violation of this section,
and shall be subject to such penalties that are set forth hereunder.
Any bamboo which has been planted, installed or otherwise permitted
to grow in any property within the Village of Plandome Manor prior
to the effective date of this chapter may remain on such property
subject to compliance with this chapter, and the following provisions.
A.
Each property owner shall be responsible to ensure that the bamboo
planted or growing on his property prior to the effective date of
this chapter (preexisting bamboo) does not encroach or grow upon any
adjoining or neighboring property or properties, including all public
property and rights-of-way held by the Village, and 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 installation of sheathing comprised of
metal or other material impenetrable by bamboo at a sufficient depth
within the property line or lines where the bamboo is planted or is
growing to prevent the growth of encroachment upon adjoining or neighboring
property by said bamboo.
B.
The Board of Trustees may from time to time prescribe such rules
and regulations as may be necessary to give effect to these provisions.
Any bamboo either planted or caused to be planted or existing
on a property prior to the effective date of this section may not
be replanted or replaced in kind once such bamboo is or has become,
for any reason, dead, destroyed, uprooted or otherwise removed.
