[HISTORY: Adopted by the Town Board of the Town of Cornwall 4-14-2016 by L.L. No. 2-2016. Amendments noted where applicable.]
Streets and sidewalks — See Ch. 122.
The Town Board hereby finds and determines that public utility companies place poles on Town of Cornwall highways, streets, roads and rights-of-way to facilitate the delivery of electric, telephone, cable television, and other telecommunications services to the residents of the Town of Cornwall.
The Town Board finds and determines that local governments have the authority to regulate their highways, streets, roads and rights-of-way to protect the public.
The Town Board finds and determines that utility poles are damaged from time to time.
The Town Board finds and determines that public safety can be compromised when utility lines and equipment remain affixed to utility poles that are weathered or otherwise damaged.
The Town Board finds and determines that when a new pole is installed, a utility's delay in removing lines and equipment from the old pole also delays the removal of the pole itself, which causes a proliferation of aesthetically unpleasant double poles along highways, streets, roads, and rights-of-way, as well as obstructing the paths of pedestrians.
The Town Board finds and determines that the interest of the public is best served by cooperation and communication between public utilities and the Town Board.
Therefore, the purpose of this chapter is to require utilities that use Town highways, streets, roads and rights-of-way to promptly remove their plants, cables, lines, equipment, and terminals from old and damaged poles and to further require the prompt removal of double poles once all plants, cables, lines, equipment, and terminals have been removed.
As used in this chapter, the following terms shall have the meanings indicated:
- DANGEROUS/DAMAGED POLE
- Any utility pole that is structurally compromised due to weather, a traffic incident, and/or age and poses a potential threat to public safety.
- DOUBLE POLE
- Any old utility pole which is attached or in close proximity to a new utility pole.
- The cables, terminals, conductors and other fixtures necessary for transmitting electric, telephone, cable television or other telecommunications service.
- PUBLIC UTILITY
- Any corporation, authority, or other entity that provides electric, telephone, cable television, or other service, including telecommunications service, to the residents of the Town of Cornwall.
- UTILITY POLE
- A column or post used to support service lines for a public utility.
- WRITTEN NOTIFICATION; WRITTEN NOTICE
- A writing directed to a representative of a public utility, who may be designated by the utility to receive such notice, sent by regular mail, facsimile transmission or electronic mail.
When the Town Highway Superintendent determines that a utility pole on a Town highway, street, road or right-of-way is damaged or otherwise poses a potential threat to public safety, the Town Highway Superintendent shall provide written notice to the public utilities with a plant on the damaged pole that the pole must be repaired, replaced or removed within 15 days or such shorter reasonable time period as may be necessary to protect the public safety.
When a public utility installs a utility pole which is directly next to or in close proximity to another utility pole on a Town highway, street, road, or right-of-way, the public utility shall, within 30 days of installation of the new pole, provide written notice to all other public utilities maintaining a plant on the existing pole that a new pole has been installed and that the plant on the existing pole must be relocated to the new pole within 90 days of the date of the notice.
It shall be the joint obligation of the public utility installing the new pole and the public utilities maintaining a plant on the existing pole to remove the existing pole within 120 days after installation of the new pole.
Notwithstanding any provision of this chapter to the contrary, the Town Board may extend the time frame of any action under this chapter for an additional period not exceeding the original statutory time frame set forth in this chapter. The public utility shall make a request for an extension in writing to the Town Board prior to the expiration of the time frame contained in the original written notice, together with the basis for the request. The Town Board shall determine whether the request for extension should be granted or denied, and provide a written response to the public utility.
Any person, firm, corporation or public utility committing an offense against any provision of this chapter shall be guilty of a violation. Every day that the violation continues shall be deemed a separate violation.
Any person, firm, corporation or public utility convicted of a violation of the provisions of this chapter shall be subject to a fine of $1,000.
If a person, firm or corporation or public utility violates the provisions of this chapter, the Town of Cornwall may commence a civil action in a court of competent jurisdiction seeking any remedy provided by law or equity, including, without limitation, declaratory and injunctive relief to enforce compliance and/or enjoin noncompliance with this chapter. In such action, the Town shall be entitled to recover of attorneys' fees.
The provisions of this chapter shall be deemed to supplement applicable state and local laws, ordinances, codes and regulations; and nothing in this chapter shall be deemed to abolish, impair, supersede or replace existing remedies of the Town, county or state or existing requirements of any other applicable state or local laws, ordinances, codes or regulations. In case of conflict between any provision of this chapter and any applicable state or local law, ordinance, code or regulation, the more restrictive or stringent provision or requirement shall prevail.