[HISTORY: Adopted by the Special Town Meeting of the Town
of Lexington 10-21-2020 by Art. 5. Amendments noted where applicable.]
A.
The purpose and intent of this bylaw is to preserve and protect private
and Town-owned property and Town-owned rights of way from the damaging
spread of running bamboo and to protect indigenous biodiversity threatened
by running bamboo.
B.
Running bamboo that encroaches beyond the running bamboo owner's
property or spreads rhizomes and new shoots pose a risk of substantial
damage to the structures and land of abutting parcels. As running
Bamboo threatens to be destructive to the natural environment and
to the enjoyment of public and private property including structures
and paved surfaces in the Town of Lexington, the Town hereby declares
it necessary to require the control of any existing running bamboo,
and to prohibit the planting, replanting, transplanting, installation,
or reinstallation of running bamboo on any property in the Town of
Lexington subsequent to the effective date of this bylaw.
The encroaching, spreading, invading, or intruding by running
bamboo upon any property other than the property on which running
bamboo was originally planted.
Any monopodial (running) tropical or semi-tropical bamboo
grasses or bamboo species, and any other species of bamboo that is
found to have encroached upon any property other than the property
on which it was originally planted, including Town-owned property
or a Town-owned right-of-way.
Any property owner, whether a person, firm, trust, corporation or other legal entity, at whose property running bamboo is located. Any property owner who provides satisfactory evidence to the Town Manager or their designee that the property owner did not plant the running bamboo on his or her property, and upon discovery of the encroachment of running bamboo onto his or her property from an abutting property, informed the abutting property owner, by delivery of a written notice by certified mail within a year of the encroachment being discovered, of an objection to the encroachment of the running bamboo, and provides a copy of such written notice to the Town Manager within five days of mailing to the abutting property owner, shall not be considered a running bamboo owner with respect to the abutting property so noticed, but may be considered a running bamboo owner with respect to any other abutting properties, and shall be required to comply with the provisions of § 131-4 of this chapter with respect to any such other abutting properties.
The Town Manager may, but is not required to, consider the
following as additional evidence to determine whether a property owner
is a running bamboo owner:
Photographic evidence that the running bamboo began on the running
bamboo owner's property and encroached onto the neighboring property;
The absence of an adequate running bamboo barrier system on
the running bamboo owner's property; and
Any other evidence provided to the Town Manager demonstrating
that the running bamboo was not planted on the owner's property.
The Town Manager or their designee.
A.
The provisions of this bylaw shall apply to any running bamboo owner.
The provisions of this bylaw shall not apply to any running bamboo
that has already encroached from a running bamboo owner's property
onto any private or Town-owned property or right-of-way before October
21, 2020. Any new bamboo encroachments from a running bamboo owner's
property onto any private or Town-owned property or right-of-way on
or after October 21, 2020, shall be subject to this bylaw.
B.
The Town Manager or their designee may, but is not required to, consider
the following as additional evidence to determine if a bamboo encroachment
on any private or Town-owned property or right-of-way occurred before
or after the passage of this bylaw:
a.
Photographic evidence that the running bamboo encroachment onto the
neighboring property occurred after the passage of this bylaw;
b.
The absence of an adequate running bamboo barrier system on the running
bamboo owner's property; and
c.
Any other evidence provided to the Town Manager or their designee
demonstrating that the running bamboo encroachment onto the neighboring
property occurred after the passage of this bylaw.
A.
All running bamboo owners shall confine running bamboo in a manner
that will prevent the running bamboo from any encroachment onto any
other property or right-of-way. The following shall constitute an
adequate barrier system confining the running bamboo:
1.
A seamless barrier composed of high-density polypropylene, or polyethylene,
or a metal barrier with sealed, overlapping and reinforced seams,
or an impermeable joint free concrete barrier. The barrier must extend
at least 36 inches below the ground surface, and the barrier must
extend at least two inches above the ground surface for the entire
length of the installation, and the installation must extend such
that the possibility of flanking the barrier system is not possible;
2.
The placement of the running bamboo in a fully enclosed above ground
pot or planter; or
3.
Any other adequate barrier system approved by the Town Manager or
their designee.
B.
Running bamboo owners with running bamboo within four feet of the
boundary line of the running bamboo owner's property must install
and maintain a barrier preventing the spread of the running bamboo
beyond the running bamboo owner's property.
C.
The Town Manager or their designee shall have the authority to promulgate
regulations to accomplish any of the provisions of this bylaw.
D.
All planting, replanting, transplanting, installation, or reinstallation
of running bamboo in the Town of Lexington subsequent to the effective
date of this bylaw is prohibited.
A.
The Town Manager or their designee shall have the authority to enforce
the provisions of this bylaw.
B.
Any running bamboo owner that is found to have violated the provisions of this bylaw may be subject to penalties pursuant to § 131-6 of this chapter.
C.
In the event running bamboo encroaches onto Town-owned property or
any Town-owned right-of-way, the Town Manager or their designee shall
notify the running bamboo owner in writing by certified mail, return
receipt requested, of such encroachment and/or other violation of
this chapter, which order shall:
1.
Provide notice of the requirement to prevent running bamboo from
encroaching onto Town-owned property or a Town-owned right-of-way;
2.
Specify the nature and location of the violation;
3.
When applicable, order that the running bamboo owner remove all portions
of the running bamboo from the Town property or the Town-owned right-of-way,
and construct an adequate barrier system to prevent any further encroachment;
and
4.
State that the failure to comply with the notice and order will lead to the running bamboo owner being held liable to the Town for the cost of removal of the encroachment, fines that may be imposed pursuant to § 131-6, and the Town's cost to install a barrier pursuant to the provisions of this bylaw.
D.
The running bamboo owner must obtain and comply with all applicable
federal, state, and local permits, licenses and other requirements
necessary to remove the running bamboo from any Town property or the
Town right-of-way.
E.
If the running bamboo owner fails to remove the running bamboo as
directed in the order sent pursuant to this section, the Town may
remove the running bamboo that has encroached onto Town-owned property
or onto a Town-owned right-of-way. The Town may also construct a barrier
designed to contain the running bamboo and prevent further intrusion.
The cost of the removal of the running bamboo and the installation
of a barrier shall be charged to the running bamboo owner. The Town
shall not be liable to the running bamboo owner for damages caused
as a result of the running bamboo removal and the running bamboo owner
shall be liable for any and all damages to Town-owned property or
rights-of-way or property owned by any third party, and expenses related
thereto.
F.
If the Town causes running bamboo to be removed from Town-owned property
or from a Town-owned right-of-way, or causes a barrier to be installed,
a statement of cost thereof shall be mailed to the running bamboo
owner by certified mail, return receipt requested with a demand for
immediate payment to the Town for all such costs.
Any running bamboo owner that is in violation of this bylaw
may be fined $100 per day for each day that the running bamboo remains
unconfined on the running bamboo owner's property, or is in violation
of any other provisions of this chapter. Any such penalty or penalties
may be enforced through noncriminal disposition as provided by MGL
c. 40, § 21D.
The provisions of this chapter are severable. If any section,
provision or portion of this bylaw is determined to be invalid by
a court of competent jurisdiction, the remaining provisions of this
bylaw shall continue to be valid.
