[HISTORY: Adopted by the Board of Trustees of the Village
of Roslyn Harbor 6-12-2017 by L.L.
No. 2-2017. Amendments noted where applicable.]
A.
Purpose. The purpose of this chapter is to promote and protect the
property, property values and welfare of the residents of the Village
of Roslyn Harbor and preserve the aesthetic qualities of the environment
of the Village of Roslyn Harbor.
B.
Intent. The Board of Trustees finds that the planting and/or the
growing of invasive bamboo within the Village of Roslyn Harbor has
been and will continue to be destructive to the natural environment,
indigenous flora, and to structures, walks and properties within the
Village that adjoin or neighbor those properties where bamboo has
been planted and/or permitted to grow. The planting and growing of
bamboo threatens the value and physical integrity of both public and
private property in the Village. Therefore, in order to protect and
preserve said environment and property values, the Village deems it
necessary to regulate or prohibit the planting and/or growing of bamboo
within the Village.
A.
BAMBOO
BAMBOO PROPERTY OWNER
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any tropical or semitropical grass of the genera Bambusa,
Dendrocalamus or of any other related genera.
A property owner in the Village who has planted or grown
or caused to be planted or grown and/or who has permitted or permits
the growing of bamboo on his property even though it initially was
planted or grown on an adjoining or neighboring property.
B.
Applicability. For purposes of this chapter, if bamboo is found growing
upon a property it shall constitute presumptive evidence that the
growing of bamboo on the property shall have occurred with the consent
of the owner of such property.
C.
Prohibition. After September 1, 2017, the planting of bamboo shall
be prohibited within the Village of Roslyn Harbor. Any person who
thereafter plants, or causes to be planted to grow, bamboo within
the Village shall be deemed to be in violation of this chapter, and
shall be subject to the penalties as are set forth hereunder.
D.
Regulation. Any bamboo which has been planted or otherwise permitted
to grow in any property within the Village of Roslyn Harbor prior
to September 1, 2017, may remain on such property. However, each bamboo
property owner shall be responsible to ensure that the bamboo planted
or growing on his property prior to September 1, 2017, does not encroach
or grow upon any adjoining or neighboring property or properties.
This shall include 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 preventative measures shall include
but not be limited to 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 or encroachment upon adjoining or neighboring
property by said bamboo. The Board of Trustees may from time to time
prescribe such rules and regulations of the measures to be take as
may be reasonable and necessary.
E.
Replanting prohibited. 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 bamboo
is or has been, for any reason, dead, destroyed, uprooted or otherwise
removed.
F.
Removal on Village property.
(1)
In the event that bamboo growing on a bamboo property owner's
property invades or grows on Village property, the Village shall notify
the bamboo property owner in writing that the bamboo has invaded Village
property, and the owner is responsible for the removal of such bamboo
from the Village property.
(2)
In the event that the bamboo property owner does not remove or contract
for the removal of said bamboo from Village property within 30 days
from the receipt of written notice, then the Village, at its discretion,
may remove or arrange for the removal of such bamboo from the Village
property. The bamboo property owner shall be liable and responsible
to the Village for all Village costs in removing the bamboo from the
Village property, if unpaid for more than 30 days after demand for
payment. Such costs will be assessed and a Village lien against the
property of the bamboo property owner as a tax payable by such bamboo
property owner.
(3)
In the event that the Village is compelled to undertake the removal,
neither the Village nor its employees shall have any liability for
damages or other claims to the bamboo property 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 property owner, the bamboo property owner in
violation of this section shall be responsible for such damages.
G.
Notification. The Village shall give notice by reasonable means to
all property owners advising them of the enactment of this section.
In the event that any portion or portions of this chapter shall
be determined to be invalid or unenforceable for any reason, the remainder
of the chapter and its provisions shall remain in full force and effect.
