[Adopted 10-17-2017 by L.L. No. 10-2017]
The purpose of this article is to control the damaging spread
of certain invasive species of bamboo, so as to preserve and protect
private and public property, protect indigenous flora and native wildlife
habitat, and maintain the general welfare of the residents of the
Town of Oyster Bay.
For purposes of this article, the following terms shall have
the meanings indicated:
Woody grass of the subfamily Bambusoideae, tribe Bambuseae,
including varieties classified as "running bamboo" and "clumping bamboo,"
as defined in this article.
A property owner in the Town of Oyster Bay who has planted
or grown or caused the planting or growing of bamboo on his property
and/or has permitted or permits the growing of bamboo that has encroached
onto his property after originating on and spreading from an adjoining
or neighboring property.
A plant of any species of bamboo with a pachymorph or sympodial
rhizome system, in which the rhizomes tend to curve upward in close
proximity to their point of origin and the lateral spread of the rhizomes
tends to be limited, generally, to only a few inches or less each
year. Clumping bamboo genera include: Ampelocalamus, Bambusa, Borinda,
Chusquea, Dendrocalamus, Dinochloa, Drepanostachyum, Fargesia, Himalayacalamus,
Otatea, Thamnocalamus, Thyrostachys, and Yushania.
A plant or any portion of a plant of any species of bamboo
with a leptomorph or monopodial rhizome system, in which the rhizomes
tend to grow laterally outward from their point of origin, at rates
measured in multiple feet per year in many cases. By virtue of this
aggressive rhizome growth pattern, running bamboo generally is viewed
as being invasive and is the predominant variety of bamboo that creates
a nuisance and causes damage to adjacent properties. Running bamboo
genera include: Acidosasa, Arundinaria, Bashania, Brachystachyum,
Chimonobambusa, Gelidocalamus, Indocalamus, Indosasa, Ochlandra, Phyllostachys,
Pleioblastus, Pseudosasa, Sasa, Sasaella, Semiarundinaria, Shibataea,
and Sinobambusa.
For purposes of this article, the occurrence of bamboo growing
upon a property shall constitute presumptive evidence that the growing
of bamboo on the property shall have occurred with the consent and
knowledge of the owner of such property, except that such property
owner shall not be presumed to be a bamboo owner if the property owner
did not plant or grow or cause said bamboo to be planted or grown
on his property, and he shall provide the Department of Planning and
Development with proof, satisfactory to the Commissioner of Planning
and Development, that within a reasonable period of time after he
first learned of the encroachment of bamboo onto his property from
an adjoining or neighboring property, he advised the owner of such
adjoining or neighboring property of his objection to the encroachment
of bamboo onto his property and/or initiated steps for the removal
of the bamboo from his property.
It shall be unlawful to plant, replant, transplant, install,
reinstall, discard or dump running bamboo on any property in the Town
of Oyster Bay subsequent to the effective date of this article.
A.
Any running bamboo that is present on a property in the Town of Oyster
Bay on the effective date of this article shall be allowed to remain
on such property, provided that the following conditions are complied
with:
(1)
The root and rhizome system of such bamboo is entirely contained
within an above-ground-level planter, barrel, or other vessel of such
design, material and location as to entirely prevent the spread/growth
of the bamboo plant's root and rhizome system beyond the container
in which it is planted; or
(2)
The root and rhizome system of such bamboo is contained within a
barrier, constructed in accordance with the following specifications,
and only after a permit is issued by the Department of Planning and
Development:
(a)
The barrier itself shall be composed of high-density polypropylene
or polyethylene, 40 mil or heavier;
(b)
Each portion or sheet of the barrier shall be secured or joined
together by the use of stainless steel clamps or stainless steel closure
strips designed for such barriers;
(c)
The barrier shall be installed not less than 30 inches deep;
(d)
The barrier shall be circular or oblong shaped;
(e)
Not less than three inches of the barrier shall protrude above
ground level around the entire perimeter of the barrier; and
(f)
When installed, the barrier shall slant outward from the bottom
to the top.
(3)
Whether planted or growing in a container [under Subsection A(1) above] or contained within a barrier [under Subsection A(2) above], any and all running bamboo that is allowed to remain in place on any property in the Town of Oyster Bay pursuant to this section shall be located, trimmed, and maintained so that no part of such bamboo (including stalks, branches, stems, leaves, roots, and/or rhizomes) shall be located nearer than 10 feet from any property line.
B.
In the event that bamboo is found to have invaded, spread or encroached
onto any adjoining or neighboring property or right-of-way, such bamboo
shall be presumed to be classified as running bamboo. This presumption
shall be rebuttable.
C.
Any person who grows running bamboo or allows running bamboo to grow within the Town of Oyster Bay after the effective date of this article, except as under the conditions set forth in Subsection A above, shall be deemed to be in violation of this article, and shall be subject to such penalties as are set forth hereunder.
D.
Any running bamboo existing on a property in the Town of Oyster Bay
prior to the effective date of this article may not be replanted or
replaced in-kind, or replaced with any other species of running bamboo,
once such bamboo is or has become, for any reason, dead, destroyed,
uprooted or otherwise removed.
E.
The growing, planting, replanting, transplanting, installation, and
reinstallation of clumping bamboo shall be allowed in the Town of
Oyster Bay, provided that the following conditions are complied with:
(1)
A permit for such bamboo is issued by the Department of Planning
and Development;
(2)
Such bamboo shall be located, trimmed, and maintained so that no
part of the plant (including stalks, branches, stems, leaves, roots,
and/or rhizomes) shall be located nearer than 10 feet from any property
line;
(3)
In the event that the growing or planting of clumping bamboo results in encroachment of such bamboo onto an adjoining or neighboring property or right-of-way, in addition to requiring the removal by the bamboo owner of all such bamboo that encroaches onto said adjoining or neighboring property or right-of-way in accordance with § 182-28G and § 182-29 herein, the Commissioner of the Department of Planning and Development shall have the authority to direct and require that the bamboo owner undertake appropriate measures to prevent the future encroachment of bamboo across the property line, including, but not limited to, the installation of a barrier as specified in § 182-28A(2) herein.
F.
Clumping bamboo planted in a portable container or portable containers shall be exempted from the permitting provisions of § 182-28E(1) herein. A portable container for the purposes of this provision shall be defined as an above-ground-level planter, barrel, or other vessel of such design, material and location as to entirely prevent the spread/growth of the bamboo plant's root and rhizome system beyond the container in which it is planted.
G.
Each bamboo owner shall be responsible to ensure that the bamboo planted or growing on his property does not at any time encroach or grow upon any adjoining or neighboring property or properties, including all public property and rights-of-way held by the Town of Oyster Bay, 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, but not be limited to, installation of sheathing composed 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 or encroachment upon adjoining or neighboring property by said bamboo, as set forth in § 182-28A(2) herein. The Commissioner of the Department of Planning and Development may from time to time prescribe such rules and regulations as may be necessary to give effect to this article.
H.
Removal of bamboo encroaching onto property other than Town of Oyster
Bay property:
(1)
In the event that bamboo growing on a bamboo owner's property invades, spreads or encroaches from his property onto an adjoining or neighboring property, other than property that is owned or held on behalf of the Town of Oyster Bay, and the adjoining or neighboring property owner notifies the Town of such encroachment of bamboo onto his property, the Town shall then notify the bamboo owner that the bamboo which said bamboo owner had planted or caused to be planted or had grown or permitted to grow on his property has encroached onto the adjoining or neighboring property, and that the bamboo owner is responsible, at his sole cost, for the removal of such bamboo from the adjoining or neighboring property. This notice shall be sent to the bamboo owner in the manner specified in § 182-21.
(2)
The failure of the bamboo owner, or the bamboo owner's contractor or agent, to remove all bamboo on the adjoining or neighboring property that has encroached thereon from the bamboo owner's property within 30 days from the date the Town first deposited the notice as provided in Subsection H(1) above shall be a violation of this article.
A.
In the event that bamboo growing on a bamboo owner's property invades, spreads, or encroaches onto an adjoining or neighboring property or right-of-way that is owned or held on behalf of the Town of Oyster Bay, the Town shall notify the bamboo owner that the bamboo said bamboo owner had planted or caused to be planted or had grown or permitted to grow on his property has invaded Town property, and that the bamboo owner, at his sole cost, is responsible for the removal of such bamboo from the Town property. This notice shall be sent to the bamboo owner in the manner specified in § 182-21.
B.
In the event that the bamboo owner, or the bamboo owner's contractor or agent, does not remove said bamboo from the Town property, or does not make an arrangement with the Town for removal of such bamboo within 30 days from the date the Town first deposited the notice as provided in § 182-29A above with the United States Postal Service, then the Town, at its discretion, may remove or arrange for the removal of such bamboo from the Town property. The bamboo owner shall be liable and responsible to the Town for the Town's costs in removing the bamboo from the Town property. In the event that the costs remain unpaid more than 30 days after demand for payment has been made by the Town on the bamboo owner, such costs may be assessed against the property of the bamboo owner in accordance with § 182-22C.
C.
In the event that the Town is compelled to undertake the removal or to contract for the removal of bamboo, as provided for in § 182-29B above, neither the Town nor its employees shall have any liability for damages or other claims to the bamboo owner by reason of the removal of such bamboo. In the event such removal entails or causes damages to the flora or other property of a person other than the property of the bamboo owner, the bamboo owner in violation of this article shall be responsible for such damages.
A.
Applications for permits pursuant to this article shall be of a content
and format as determined by the Commissioner of Planning and Development.
B.
Fees for permits issued pursuant to this article shall be in accordance
with a fee schedule established by the Commissioner of the Department
of Planning and Development.
Within 30 days after the effective date of this article, the
Town shall give notice by reasonable means to all property owners
in the Town advising them of the enactment of this article and requesting
that each property owner who would be deemed a bamboo owner hereunder
as of the effective date of this article notify the Town in writing
no later than 60 days after the date of the aforementioned notice
from the Town that bamboo is present on the property of such property
owner and such other information as may be requested in the notice
from the Town.
A.
Violations. Any bamboo owner who violates any of the provisions of
this article shall be guilty of a violation thereof. Each and every
week that a violation of this article shall exist shall constitute
a separate additional violation of this article.
B.
Penalties.
(1)
A violation of any provision of this article shall be subject to a fine not exceeding $350 for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not less than $350 nor more than $700; and upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000. However, for the purpose of conferring jurisdiction upon courts and judicial offices, generally, violations of this article or of such ordinance or regulation shall be deemed violations, and, for such purpose only, all provisions of law relating to violations shall apply to such violations. Each week's continued violation shall constitute a separate additional violation. Any fine imposed under this section shall be exclusive of costs to be charged to the owner of the property under § 182-22C.
(2)
The Town may also pursue civil or injunctive relief irrespective
of any determination to prosecute for a violation of this article.
In addition to and notwithstanding any other remedy for an offense
against this article, any bamboo owner violating a directive issued
by the Commissioner or his/her duly authorized representative, made
pursuant to the provisions of this article, shall be guilty of a violation
punishable by a fine not exceeding $900.
