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The original item was published from 6/20/2023 6:41:00 PM to 7/2/2023 12:00:01 AM.

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News & Town Board Reports (gblist)

Posted on: June 20, 2023

[ARCHIVED] Public Hearing June 28- Invasive bamboo regulations

Town Board to hold hearing regarding regulating or prohibiting the planting and/or growing of bamboo


 

PUBLIC HEARING FOR INVASIVE BAMBOO LEGISLATION

The public can weigh in on proposed new bamboo code at the Town Board meeting June 28  Greenburgh Town hall after 7:30 PM

 

Running bamboo is commonly known as an invasive species. Certain species can come with related problems, such as providing a breeding ground for mosquitoes, and proving destructive to building foundations, walls, walkways and other structures. For these reasons, the Town Board is interested in regulating or prohibiting the planting and/or growing of bamboo within Greenburgh.

 

“Running bamboo” refers to any tropical or semi-tropical grass of the genera Phyllostachys, Pleiblastus or of any other related genera that is classified as a leptomorph. Two of the more commonly known species of bamboo are Phyllostachys aurea (Golden Bamboo) and Phyllostachys aureosulcata (Yellow Groove Bamboo), both of which are identified in the New York State Department of Environmental Conservation Part 575 Invasive Species Regulations  as of 2014.

 

Namely the draft legislation proposes:

 

It will be unlawful for owners or tenants anywhere in unincorporated Greenburgh to plant running bamboo into the ground, or allow existing running bamboo to migrate onto any adjoining property including public property or Town right-of-way.

 

In order to prevent the bamboo from migrating into another property, the owner should install sheathing impenetrable by running bamboo a minimum of three feet deep within the subject property lines where the running bamboo exists.

 

Running bamboo that does migrate to another property will be considered a public nuisance and negates the right of the owner to keep it. In this event, the building inspector will notify the bamboo owner that they have 30 days to remove all the existing bamboo on both properties. The fine applied for not complying within the 30-day window will be anywhere between $100-$500; with a second violation for the same offense at a maximum of $1,000. Each day the violation is committed constitutes a separate offense.

 

Also any new plantings of running bamboo shall be treated similarly as a public nuisance if found on any property, with procedure and fines the same as above.

 

The American Bamboo Society provides recommendations for the control of bamboo, as outlined on the following website: https://www.bamboo.org/bamboo-planting-and-care/

 

 PAUL FEINER
Greenburgh Town Supervisor

             Town of Greenburgh, NY

Chapter 325: Bamboo

§ 346-1 Legislative purpose and intent.

§ 346-2 Definitions and word usage.

§ 346-3 Regulation.

§ 346-4 Control and removal.                                                                       

 

§ 346-1 Legislative purpose and intent.

  1. Purpose. The purpose of this chapter is to promote and protect the property, property values, health and welfare of the residents of the Town of Greenburgh, their guests and visitors to the Town, and to protect the property and preserve the aesthetic qualities of the environment of the Town of Greenburgh. This law was not written in the interest of curtailing the rights of our residents, but to protect the rights of those who might be adversely affected by such plants.

     
  2. Intent. The Town Board finds that the planting and/or the growing of certain species of bamboo within the Town of Greenburgh has been, and will continue to be, destructive to the natural environment, including indigenous flora; potentially harmful to human health, in that it can provide a breeding ground for mosquitoes which are vectors for disease; destructive to structures, building foundations, walls, driveways, walkways and other improvements on properties within the Town adjoining and neighboring those properties where such bamboo has been planted and/or permitted to grow; and that, because of these effects, the Town declares it necessary to regulate or prohibit the planting and/or growing of such bamboo within the Town.

     

    § 346-2 Definitions and word usage.
  3. As used in this chapter, the following terms shall have the meanings indicated:

RUNNING BAMBOO

Any tropical or semi-tropical grass of the genera Phyllostachys, Pleioblastus or of any other related genera that is classified as a leptomorph¹.

§ 346-3 Regulation.

  1. It shall be unlawful from the effective date of this chapter for an owner or tenant of property, anywhere within the Unincorporated Town of Greenburgh, to plant running bamboo into the ground, or, with respect to existing running bamboo, to cause, permit, cultivate and/or allow such bamboo to be maintained in such a manner that it migrates onto any adjoining property, including any public property and/or any Town right-of-way.

     
  2. All running bamboo which migrates onto adjacent properties shall be deemed a public nuisance, and no property owner shall have any vested or nonconforming right to continue maintenance of such bamboo, whether or not it preexisted the adoption of this regulation.

     

    § 346-4 Control and removal.
  3. The American Bamboo Society provides recommendations for the control of bamboo, as outlined on the following web site: https://www.bamboo.org/bamboo-planting-and-care/

     
  4. In the event that running bamboo growing on an owner’s or tenant’s property invades or grows upon an adjoining or neighboring property, including any public property and/or any Town right-of-way, the Town’s Building Inspector shall notify in writing, through the issuance of a Notice of Violation, the bamboo property owner that said owner or tenant has planted, caused, or permitted such bamboo to grow on his/her property, and that said owner or tenant shall be responsible for the removal of such bamboo, within 30 days from the date of such notice.

§ 346-5 Violations and penalties.

  1. 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.

     
  2. 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. A second and subsequent violation for the same offense is punishable by a fine of not more than $1,000. Each day the violation is committed constitutes a separate offense.

 

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