Bamboo and invasive plant species have an adverse impact on
the environment and the economy. Bamboo and invasive plant species
outcompete native species, thus diminishing biological diversity and
potentially changing and challenging ecological integrity. The Board
finds that the control of the growth of bamboo and invasive plant
species will preserve and protect private and public property and
the ecology in and around the Village.
For purposes of this chapter, the following terms shall have
the meanings indicated:
BAMBOO
Woody grass of the subfamily Bambusoideae, tribe Bambuseae,
including varieties classified as "running bamboo" and "clumping bamboo"
as defined in this chapter.
CLUMPING BAMBOO
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.
INVASIVE PLANT SPECIES
Any plant identified as a prohibited invasive species in
the New York State Department of Environmental Conservation regulations
presently located at 6 New York Code of Rules and Regulations (NYCRR),
Part 575, § 575.3(d)(2).
OWNER
A property owner in the Village of Sea Cliff who has planted
or grown or caused the planting or growing of bamboo or invasive plant
species on his property and/or has permitted or permits the growing
of bamboo or invasive plant species that has encroached onto his property
after originating on and spreading from an adjoining or neighboring
property.
RUNNING BAMBOO
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 chapter, the occurrence of bamboo or invasive
plant species 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 Building
Department that, within 60 days 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.
Within 30 days after the effective date of this chapter, the
Village shall give notice by reasonable means to all property owners
in the Village advising them of the enactment of this chapter and
requesting that each property owner who would be deemed an owner hereunder
as of the effective date of this chapter notify the Village, in writing,
no later than 60 days after the date of the aforementioned notice
from the Village that bamboo and/or invasive plant species is present
on the property of such property owner and such other information
as may be requested in the notice from the Village.
In addition to and notwithstanding any other remedy for a violation
under this chapter, any owner violating a directive issued by the
Building Department or his/her duly authorized representative, made
pursuant to the provisions of this chapter, shall be guilty of a violation
punishable by a fine not exceeding $1,000.