Unless lesser requirements are otherwise expressly permitted
by the Building Inspector, the Board of Trustees sitting in site plan
review, or the Board of Appeals upon a related application, and unless
greater requirements are otherwise required by one of said Boards
or in this Code, all utilities and other pipelines, conduits, ducts,
cables, wires, fiber optics and similar materials (hereinafter together
referred to as ''lines") within the streets, roads, highways,
sidewalks, rights-of-way, parks and other lands of the Village of
Bellerose or over which the Village shall have jurisdiction shall
be placed underground, not less than the distances set forth below
from the surface, except when such materials are attached to existing
poles in a vertical position at the point where they are to thereafter
continue aboveground:
A. Primary voltage electric lines: 36 inches.
B. Secondary voltage electric lines: 30 inches.
C. Telephone and cable lines: 30 inches.
D. All other lines: 18 inches.
Any person, entity, utility or agency violating the provisions
of this chapter shall be punished by a fine of not less than $1,000
nor greater than $10,000 for each offense and shall, in addition thereto,
be declared to be and be prosecuted as a disorderly person. Further,
and as shall be required, they shall be fined with the actual costs
to remove and replace such improper installation along with costs
to resurface roadways, or restore lawns, trees or property, if necessarily
performed by another contractor or utility. This provision shall likewise
be enforceable by appropriate injunctive relief, with the costs thereof
to be satisfied by the violator.