[HISTORY: Adopted by the Town Board of the Town of Babylon 7-16-2013 by L.L. No. 13-2013. Amendments noted where applicable.]
The following definitions shall govern the interpretation of this chapter unless otherwise expressly defined herein. Words used in the singular shall include the plural and vice versa. The word "shall" is always mandatory.
As used in this chapter, the following terms shall have the meanings indicated:
- Any tropical or semi-tropical grass of the genera Bambusa, Dendrocalamus or of any other related genera that is classified as a leptomorph.
- BAMBOO PROPERTY OWNER
- A property owner in the Town of Babylon who has planted or grown or caused the planting or growing of bamboo on his property and/or permitted or permits the growing of bamboo on his property that had initially encroached onto his property from an adjoining or neighboring property.
For purposes of this chapter, if bamboo is found growing upon a property, that shall constitute presumptive evidence that the growing of bamboo on the property shall have occurred with the consent of the owner of such property, except that such property owner shall not be presumed to be a bamboo property owner if the property owner did not plant or grow or cause said bamboo to be planted or grown on this property and he shall provide the Department of Planning and Development with proof, satisfactory to the Commissioner of the Department of Planning and Development, that within a reasonable period of time after he first learned of the encroachment of bamboo on 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 indicted steps for the removal of the bamboo from his property.
Effective upon the date that this provision shall become law, the planting or growing of bamboo shall be prohibited within the Town of Babylon unless:
The root system of such bamboo plant is entirely contained within an above-ground-level planter, barrier or other vessel of such design, material and location as to entirely prevent the spread/growth of the bamboo plant's root system beyond the container in which it is planted; or
The root system 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:
The barrier itself shall be composed of high-density polypropylene or polyethylene, 40 mil or heavier;
Each portion of 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;
The barrier shall be installed not less than 30 inches deep;
Not less than three inches of the barrier shall protrude above ground level around the entire perimeter of the barrier;
When installed the barrier shall slant outward from the bottom to the top.
Whether planted or growing in a container (under Subsection A above) or contained within a barrier (under Subsection B above), all bamboo plants shall be located, trimmed and maintained so that no part of the plant (including stalks, branches, leaves, and/or roots) shall extend nearer than 10 feet to any property line.
[Amended 8-12-2014 by L.L. No. 11-2014]
Any bamboo which has been planted or otherwise permitted to grow on any property within the Town of Babylon, prior to the effective date of this chapter, may remain on such property subject to compliance with this chapter. Each bamboo property owner shall be responsible to ensure that the bamboo planted or growing on his or her property prior to the effective date of this chapter does not encroach or grow upon any adjoining or neighboring property or properties, including all public property and rights-of-way held by the Town, 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. In the event bamboo encroaches on any adjoining or neighboring property, the bamboo property owner shall cause the removal of any such bamboo, by a landscaper licensed pursuant to Chapter 144 of this Code, upon prior written consent of the adjoining or neighboring property owner. Such measures shall include 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. 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 of this chapter.
In the event that bamboo growing on a bamboo property owner's property invades or grows on adjoining or neighboring property that is owned or held on behalf of the Town of Babylon, the Town shall notify the bamboo property owner that the bamboo said owner had planted or caused to plant and permitted to grow on his property has invaded Town property and that the bamboo property owner is responsible for the removal of such bamboo from the Town property. This notice shall be sent by certified mail, return receipt requested, and by regular mail to the latest address of the bamboo property owner on file with the Town, and a copy of the notice shall also be left in a conspicuous location on the bamboo property owner's property in the Town.
In the event that the bamboo property owner does not remove or contract for the removal of 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 § 145-5A above with the United State Postal Service, then the Town, at its discretion, may remove or arrange for the removal of such bamboo from the Town property. The bamboo property owner shall be liable and responsible to the Town for the Town's costs in removing the bamboo from the Town property. Such costs may be assessed against the property of the bamboo property owner as a tax payable by such bamboo property owner in the event that the costs remain unpaid more than 30 days after the demand of payment has been made by the Town on the bamboo property owner.
In the event that the Town is compelled to undertake the removal or to contract for the undertaking of removal of bamboo, as provided for in § 145-5B above, neither the Town 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 chapter shall be responsible for such damages.
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 become, for any reason, dead, destroyed, uprooted or otherwise removed.
Violations. Any property owner who violates any of the provisions of this chapter shall be guilty of a violation thereof. Each and every day that a violation of this chapter shall exist shall constitute a separate violation of this chapter.
Penalties. A violation of any provision of this chapter shall be punishable by a fine of not less than $100 and not more than $500, for each violation.