[HISTORY: Adopted by the Board of Trustees of the Village of Westhampton Beach 9-6-2018 by L.L. No. 2-2018. Amendments noted where applicable.]
This chapter shall be known as "Underground Utility Lines."
The Board of Trustees finds and declares that:
A. 
Article IX of the New York State Constitution allows local governments to protect the health, safety and well-being of the people.
B. 
The New York Municipal Home Rule Law grants local governments the power to adopt or amend local laws, not inconsistent with the New York State Constitution or any general law, relating to the protection and enhancement of their physical and local environments, as well as to the government, protection, order, conduct, safety, health, and well-being of persons or property therein.
C. 
Subsection 4(b) of Section 10 of the New York Municipal Home Rule Law provides, among other things, that every local government can provide for the enforcement of its local laws by legal or equitable proceedings and to provide for the punishment of violations by civil penalty, fines and other means.
[Added 7-1-2019 by L.L. No. 4-2019[1]]
[1]
Editor's Note: This ordinance also provided for the redesignation of former Subsections C through K as Subsections D through L, respectively.
D. 
Section 4-412 of the New York State Village Law allows the Board of Trustees to grant rights and permission to utility companies to use the streets, highways, public places or any part thereof, as well as the space above or under them, upon such terms and conditions as the Board of Trustees may deem proper.
E. 
Section 4-414 of the New York State Village Law allows the Board of Trustees to enter onto private property to make an improvement required by local law in the event the owner of such property fails to make such improvement, and to collect the costs of such improvement from the property owner through a special assessment.
F. 
The Village of Westhampton Beach's Downtown Main Street Corridor is the centrally located, prime commercial district of the Village, is the focus of the main pedestrian and vehicular traffic concentration in the Village, and is characterized by substantial pedestrian traffic, retail trade, offices, restaurants, commercial recreational activities, and limited residential use.
G. 
Regulation of the installation of utility lines and service laterals and, in particular, requiring the placement to the rear of the subject properties or underground of existing unsafe and unsightly overhead electrical lines in the Downtown Main Street Corridor is necessary for protecting the health, safety, and well-being of property owners, first responders, and the general public.
H. 
The existing current placement of the overhead utility lines and service laterals severely restricts Fire Department access to the facades and roofs of the buildings located along the Downtown Main Street Corridor, and prevents proper and safe use of an aerial fire apparatus and portable ground ladders for those buildings, for which access from the rear is limited due to small or nonexistent roads, driveways or parking lots. The close proximity of the overhead utility lines and service laterals, both pole-to-pole and pole-to-building, creates a hazard to firefighters raising and climbing ground ladders and completely prevents the use of an aerial platform fire apparatus, which significantly restricts both occupant rescue and access to the roof of buildings for ventilation and fire suppression operations. The wood frame construction and close proximity of the buildings along the Downtown Main Street Corridor requires an aggressive fire attack to prevent a catastrophic event, and the existing overhead utility lines and service laterals severely limit the Fire Department's ability to undertake the required firefighting tactics. The existing overhead utility lines and service laterals themselves become a safety hazard when exposed to fire, as it can lead to falling wires that pose a danger to victims and firefighters alike. Relocating the utility lines and service laterals underground or, where appropriate, to the rear of properties, will increase the safety of firefighters and occupants in the event of fires, and will improve the effectiveness and safety of firefighting operations.
I. 
Overhead utility lines and service laterals are vulnerable to being downed by fallen trees and tree branches, wind-borne debris, and high wind and ice-loading conditions from extreme weather. The frequency of coastal storm and high-wind events in the Village of Westhampton Beach leads to increased life safety risks associated with downed poles and/or wires along with additional public health, safety and welfare concerns, such as lost economic activity, food spoilage, and discomfort, associated with prolonged power outages. Relocating the utility lines and service laterals to the rear of the subject properties or underground will decrease the public health, safety and welfare hazards associated with such extreme weather events.
J. 
One of the goals of the Main Street Reconstruction Project is to expand the useable pedestrian sidewalk width between the existing Main Street buildings and the roadway. The location of the existing utility poles impedes pedestrian circulation and detracts from the useable sidewalk space once the roadway curb lines are relocated. The removal or relocation of the poles will enhance pedestrian safety and access, circulation, and walkability.
K. 
Relocating the existing overhead utility lines and service laterals underground and removing the utility poles would further the overall visual improvement of the Downtown Main Street Corridor and advance the primary goal of the Main Street Reconstruction Project, which is to create a more vibrant downtown area and spur economic growth within the Village's commercial hub and tourism center.
L. 
The existing overhead utility poles pose an increased danger to the operation of motor vehicles in the Downtown Main Street Corridor, as the poles are located in close proximity to the street and there is more vehicular and pedestrian traffic and congestion in the Downtown Main Street Corridor as compared to other portions of the Village. Relocating the poles to the rear of the subject properties or placing service underground will therefore increase vehicular and pedestrian safety.
A. 
When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
B. 
For the purposes of this chapter, the following terms shall have the meanings indicated:
DOWNTOWN MAIN STREET CORRIDOR
The portion of Main Street in the Village of Westhampton Beach that spans from the intersection of Main Street and Potunk Lane on the west and terminates at the intersection of Main Street and Beach Lane/Beach Road on the east, including any or all property that fronts or abuts that portion of Main Street.
MAIN STREET RECONSTRUCTION PROJECT
A public improvement project consisting of the Village's comprehensive reconstruction of the portion of Main Street located within the Downtown Main Street Corridor, to include, among other things, the replacement of storm drains and pipes, the resurfacing of the road, the replacement and widening of the sidewalks, installation of new streetlights, the installation of new roundabouts at the intersection of Main Street and Potunk Lane and the intersection of Main Street and Library Avenue/Mill Road, the undergrounding and/or relocation of utility lines, and various landscaping improvements.
[Amended 7-1-2019 by L.L. No. 4-2019]
SERVICE LATERAL
The transmission wires and/or cables that connect a utility line located in the public right-of-way to the wiring system of a building or address.
SERVICE TERMINATION
The point at which the service lateral ends and the property owner connects with the wiring system.
UNDERGROUND
At least two feet below the existing grade.
UTILITY COMPANY
Any person, company, corporation, firm, partnership, association, or organization operating an agency or agencies providing electricity, cable, telephone, internet or other similar services for public service and who or which are subject to the jurisdiction, supervision, and regulations of the Public Service Law.
UTILITY LINES
Transmission and lateral distribution wires and cables used for providing electricity, cable, telephone, internet and other similar services by a utility company to the Village of Westhampton Beach businesses and the residents thereof.
The following requirements shall apply to the "Downtown Main Street Corridor," as that term is defined in § 174-3.
A. 
All utility lines located within the Downtown Main Street Corridor in the Village of Westhampton Beach, including existing utility lines, shall be installed underground and/or relocated to the rear of the subject properties or underground.
B. 
The Board of Trustees shall issue a written demand to the individual utility companies owning an existing or proposed utility line in the Downtown Main Street Corridor, providing them with notification that their respective utility lines must be installed or relocated to the rear of the subject properties or underground. The written demand shall further notify the individual utility companies that they are required to submit a written plan and confirmation in accordance with § 174-5C by a specified date set forth in the written demand, which date shall be no less than 30 days from the date of the Board of Trustees' written demand.
[Amended 7-1-2019 by L.L. No. 4-2019]
C. 
Any utility company owning an existing or proposed utility line in the Downtown Main Street Corridor shall file a written plan and confirmation with the Village Clerk describing the intended actions of the owner of the utility line(s) in complying with the requirements of this chapter to move existing utility lines to the rear of the subject properties or underground.
D. 
After the bid(s) for the work associated with the Main Street reconstruction project have been accepted by the Village, written notice shall be sent to each utility company containing the following:
[Added 7-1-2019 by L.L. No. 4-2019]
(1) 
The name, address and contact information for the general contractor, including the name(s) of the contractor's project manager or other supervisor for the Main Street reconstruction project; and
(2) 
The anticipated commencement date for the Main Street reconstruction project.
E. 
Within 20 business days of the anticipated commencement of work on the Main Street reconstruction project, the Village, in consultation with the general contractor for the project, will issue a written order to the individual utility companies setting forth the precise time frame during which all work associated with the relocation and/or installation of their respective utility lines must be undertaken, including the deadline by which all such work must be completed. The individual utility companies must respond within 20 business days of the issuance of the Village's order to confirm their availability to perform the work within the specified time frame. If any of the individual utility companies do not respond within said twenty-business-day period, said utility company shall be deemed to have agreed to comply with the time frame set forth in the order. The enforcement of this subsection and the enforcement of any order of the Mayor issued pursuant to this subsection and Subsection F of this section shall be pursuant to § 174-7 of this chapter.
[Added 7-1-2019 by L.L. No. 4-2019]
F. 
The Board of Trustees designates the Mayor as having authority to administer and enforce the provisions of this chapter, including the issuance of any notices, demands, or orders to the individual utility companies contemplated herein. The Mayor shall further have the authority to issue any other notices, demands or orders not specifically referenced in this chapter, which may be necessary or appropriate to enforce compliance with any of the provisions of this chapter.
[Added 7-1-2019 by L.L. No. 4-2019[1]]
[1]
Editor's Note: This ordinance also provided for the redesignation of former Subsections D and E as Subsections G and H, respectively.
G. 
All future installation or replacements of utility lines in the Downtown Main Street Corridor within the Village of Westhampton Beach shall be to the rear of the subject properties or underground.
H. 
The Village reserves the right to recover costs associated with the installation and/or relocation of utility lines to the rear of the subject properties or underground by the imposition of a special assessment on property within the Village if authorized by the State Legislature, or by authorizing any utility company owning an existing or proposed utility line in the Downtown Main Street Corridor to impose and collect a charge on the utility's customer bills within a designated area of the Village for purposes of covering the relocation or undergrounding costs.
A. 
All service laterals connecting buildings and/or addresses within the Downtown Main Street Corridor in the Village of Westhampton Beach to the utility lines located in the public right-of-way, including existing service laterals, shall be installed and/or relocated either to the rear of the subject properties or underground. The Board of Trustees shall establish a list of all such properties in the Village that are required to connect to the relocated or underground utility lines.
B. 
The owners of any and all properties in the Village that are required to connect to the relocated or underground utility lines shall be responsible for coordinating with the appropriate utility company for the installation of relocated or underground service laterals, and the removal/replacement of any existing overhead service laterals, connecting their respective property to the underground utility lines located in the public right-of-way.
C. 
The Board of Trustees shall issue a written demand to the owners of each property in the Village that is required to connect to the relocated or underground utility lines, notifying them of their responsibility to coordinate with the appropriate utility company for the installation of relocated or underground service laterals, and the removal/replacement of any existing overhead service laterals, connecting their respective property to the relocated or underground utility lines located in the public right-of-way. The Board of Trustees' written demand shall set forth a specific date, no less than 30 days from their issuance of the written demand, by which the owners of such property must provide the Board of Trustees and the applicable utility, in conformance with each utility's regulations and policies, with written confirmation of their consent to the necessary work associated with connecting their property to the relocated or underground utility lines located in the public right-of-way.
D. 
In the event that the Board of Trustees has not received, by the date specified in its written demand, the required written consent from the owner of any property in the Village that is required to connect to the relocated or underground utility lines, the Board of Trustees and the applicable utility, in conformance with each utility's regulations and policies, shall have the power and authority to enter onto such property for the sole purpose of installing the necessary relocated or underground service lateral(s), removing the existing overhead service lateral(s), and/or connecting the affected property to the relocated or underground utility lines located in the public right-of-way. The actual expense of making such connection, including all labor done and materials used in doing and completing the same, shall be assessed by the Board of Trustees upon such property and shall be a lien on said premises, and the same shall be collected in the same manner as other local assessments or assessments for local improvements.
[Amended 7-1-2019 by L.L. No. 4-2019]
A. 
Any person who violates any of the provisions of this chapter of the Code or any order issued by the Mayor pursuant thereto, or who causes, authorizes or permits such violation shall be guilty of a violation and upon conviction thereof shall be punishable by a fine of not more than $500, or imprisonment for not more than 15 days, or both such fine and imprisonment for each violation.
B. 
In the case of a continuing violation, each day shall be a separate and distinct offense.
C. 
In addition to or as an alternative to the penalties set forth in Subsections A and B of this section, any person who violates any of the provisions of this chapter, or any order issued by the Mayor pursuant thereto, shall be liable for a civil penalty for each violation of not more than $5,000. In the case of a continuing violation, each day's continuance shall be a separate and distinct offense. The civil penalty provided for in this section may be recovered in an action in any court of competent jurisdiction.
D. 
In addition to the civil penalty determined in accordance with Subsection C of this section, an additional civil penalty may be recovered in the amount of the expense, if any, incurred by the Village resulting from delay in relocation or installation of utility lines after ordered to do so by the Mayor pursuant to this chapter. Such additional civil penalty may be recovered in an action or proceeding in any court of competent jurisdiction.
E. 
In addition to any and all penalties available under local, state, or federal law, the Village may institute any appropriate legal action or proceeding for damages resulting from failure to comply with an order issued by the Mayor, pursuant to the provisions of this chapter, and/or for injunctive relief, along with such other remedies as may be appropriate at law or equity, including costs, expenses, and reasonable attorneys' fees to be fixed by the court.
A. 
Should any provision of this chapter be declared by any court, administrative body, or board, or any other government body or board, to be unconstitutional, invalid, preempted, void, or otherwise inapplicable for any reason, such decision shall not affect the validity of this chapter as a whole or any part thereof other than the part so decided to be unconstitutional, invalid, preempted, void, or otherwise inapplicable.