[HISTORY: Adopted by the Board of Trustees of the Village of Port Washington North as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-12-1989 by L.L. No. 3-1989]
For many years, the Village of Port Washington North (hereinafter referred to as the "Village") has been concerned by the hazard of electrical wires and other cables along Shore Road in the Village because of the high-velocity offshore winds from Manhasset Bay and the heavy traffic along Shore Road. A downed line across Shore Road in the Village could seriously injure passing traffic and impede emergency access to Village residents during a heavy storm, hurricane or other natural disaster. In addition, as the Soundview Shopping Center is undergoing a major improvement, Shore Road is being widened, and it is in the best interest of the public welfare of the community to upgrade the appearance of Shore Road by eliminating overhead utility lines to enhance the property values of the Village. At the present time, during said Shore Road widening, there is a unique opportunity to now require that all utility lines along Shore Road in the Village be placed underground to assure the public safety and enhance the Village's appearance.
As used in this chapter, the following terms shall have the meanings indicated:
- The Public Service Commission of the State of New York.
- POLES, OVERHEAD WIRES AND ASSOCIATED STRUCTURES
- Poles, towers, supports, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments and appurtenances located above ground within 30 feet of Shore Road in the Village and used or useful in supplying electric, communication or similar or associated services.
All poles, overhead wires and associated structures within 30 feet of Shore Road in the Village, measured from the outer width dimensions of Shore Road, shall be placed underground, unless otherwise authorized by the Board of Trustees of the Village, upon application, after a public hearing.
It shall be unlawful for any person or utility to erect, construct, maintain, continue, employ or operate poles, overhead wires and associated overhead structures (hereinafter referred to as "facilities") within 30 feet of Shore Road in the Village after July 1, 1989, from which, by said date, all overhead facilities are required to be removed, except as said overhead facilities may be required to furnish service to an owner or occupant of property prior to the performance by such owner or occupant of the underground work necessary for such owner or occupant to continue to receive utility service as provided in § 158-8 hereof, and for such reasonable time required to remove said facilities after said work has been performed, and except as otherwise provided in this chapter.
Notwithstanding the provisions of this chapter, overhead facilities may be installed and maintained for a period not to exceed 10 days without authority of the Building Inspector of the Village in order to provide emergency service. The Building Inspector of the Village may grant special permission, on such terms as he may deem appropriate, in cases of emergency or unusual circumstances, without discrimination as to any person or utility, to erect, construct, install, maintain, use or operate poles, overhead wires and associated overhead structures.
Unless otherwise provided herein, this chapter shall not apply to the following types of facilities:
Any municipal facilities or equipment installed under the supervision and to the satisfaction of the Building Inspector of the Village;
Poles or lamps used exclusively for streetlighting;
Overhead wires; exclusive of supporting structures, crossing Shore Road in the Village, when such wires originate in an area from which poles, overhead wires and associated overhead structures are not prohibited;
Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and extending from one location on the building to another location on the same building or extending from the building to another building without crossing any public street;
Antennas, associated equipment and supporting structures used by a utility for furnishing communications services;
Equipment appurtenant to underground facilities, such as surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts; and
Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction projects.
If underground construction is necessary to provide utility service within 30 feet of Shore Road in the Village, the supplying utility shall furnish that portion of the conduits, conductors and associated equipment required to be furnished by it under its applicable rules, regulations and tariffs on file with the Commission; provided that, if any provision of any franchise agreement between the Village and the supplying utility is in conflict with any provision of this section, the provision of the franchise agreement shall prevail.
Every person owning, operating, leasing, occupying or renting a building or structure within 30 feet of Shore Road in the Village shall cause to be constructed that portion of the service connection on his property between the facilities referred to in § 158-7 hereof and the termination facility on or within the building or structure being served, subject to applicable rules, regulations and tariffs of the respective utility or utilities on file with the Commission.
In the event any person owning, operating, leasing, occupying or renting the property does not comply with the provision of Subsection A of this section by July 1, 1989, the Building Inspector of the Village shall post written notice on the property being served and, 30 days thereafter, shall have the authority to order the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to the property.
The Village shall remove at its own expense all Village-owned equipment from all poles required to be removed under the provisions of this chapter in ample time to enable the owner or user of such poles to remove the same by July 1, 1989.
In the event that any act required by this chapter cannot be performed by July 1, 1989, on account of shortage of materials, war, restraint by public authorities, strikes, labor disturbances, civil disobedience or any other circumstances beyond the control of the actor, then upon application the Board of Trustees may extend the time within which such act must be performed.
Any person, firm or corporation violating any provision of this chapter shall be fined not less than $100 nor more than $1,000 for each offense; and a separate offense shall be deemed committed each week during or on which a violation occurs or continues. The Village may obtain injunctive relief in an action or proceeding in the Supreme Court to assure compliance with this chapter.
[Adopted 2-7-2018 by L.L. No. 2-2018]
This Village Board hereby finds and determines that public utility companies place poles on Village of Port Washington North streets, roads and rights-of way to facilitate the delivery of electric, telephone, cable television and telecommunications services to the residents of the Village of Port Washington North. This Board also finds that utility poles are frequently damaged by traffic accidents, adverse weather conditions and from time to time simply need to be replaced. This Village Board determines that public safety can be compromised when utility lines and equipment remain affixed to weather-damaged and old poles for unreasonably long periods of time. This Village Board further determines that a utility's delay in removing lines and equipment also delays the removal of the poles itself, which causes a proliferation of aesthetically unpleasant "double wood" or "double poles" along roadways. This Village Board also finds that local governments have the authority to regulate their roads and rights-of-way to protect the public. Therefore, the purpose of this article is to require utilities that use Village roads, streets and rights-of way to promptly remove the plants, cables, wires, equipment, terminals and old and damaged poles and to further require the prompt removal of double poles.
As used in this article, the following 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 damaged and/or 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 communication services.
- PUBLIC UTILITY
- Any corporation, authority or other entity that provides electric, telephone, cable television, or other telecommunications service to the residents of the Village of Port Washington North.
- UTILITY POLE
- A column or post used to support service lines for a public utility.
No person, corporation or entity shall place or erect any pole for any purpose on any Village of Port Washington North street, roadway or right-of way or change the location of any existing pole on any Village street, roadway or right-of-way without first having obtained a permit from the Port Washington North Building Department.
Application for a permit under this section shall be made upon a form to be provided by the Village of Port Washington North and upon a payment of a permit fee of $200.
When the Village of Port Washington North issues a permit for the installation of a utility pole which is directly next to or in close proximity to another utility pole on a Village street, road or right-of-way, the applicant shall have 30 days to remove the damaged or double pole following the installation of the new utility pole. Failure to do so may result in penalties as provided for in this article.
When the Village of Port Washington North determines that a utility pole in a Village road, street or right-of-way is damaged and poses a threat to public safety, the Village shall notify the public utility with a plant on the damaged pole that it must remove its plant from the pole and remove the damaged pole or be subject to a penalty as provided in this article. A public utility must remove its plant from the damaged pole, any other plants affixed to the damaged pole, and the damaged pole itself within 15 days of receiving such notification from the Village of Port Washington North.
When the Village of Port Washington North determines that a double pole is in a Village road, street or right-of-way, the Village shall notify the public utility which has its plant on the double pole that such plant must be removed within 30 days or be subject to a penalty pursuant to this article. Upon removal, each subsequent public utility with plant on a double pole will have 30 days to remove such plant from the date it receives notification from the Village of Port Washington North.
After all plants have been removed from the double pole, the public utility which owns the double pole shall remove said pole within 30 days, or be subject to a penalty pursuant to this article. In the event it cannot be determined who owns the double pole then in such instance the last utility to remove its plant is responsible for removing the double pole within 30 days. This provision shall not nullify or limit any private agreement between and among public utilities that assign responsibility for pole removal.
Any person, firm, corporation or public utility convicted of a violation of the provisions of this article shall be guilty of a violation, for a first conviction, punishable by a fine not exceeding $500; for a second or subsequent conviction, punishable by a fine not exceeding $1,000. Every day that the violation continues shall be deemed a separate offense.
In addition to the penalties provided above, any person, firm, corporation or public utility that violates the provisions of this article shall be subject to a civil penalty not to exceed $500 for each such violation. Every day that the violation continues shall be deemed a separate violation.
If a person, firm or corporation or public utility violates the provisions of this article, the Village of Port Washington North may authorize its attorney to commence an action in the name of the Village of Port Washington North in a court of competent jurisdiction seeking any remedy provided by law or equity, including any civil and/or injunction proceeding necessary to enforce compliance and/or enjoin noncompliance with this article. Such action may seek to remove the damaged poles and/or double poles, or to remove plants from such poles, the imposition of civil penalties authorized by this article, the recovery of costs of the action and other remedies as may be necessary to prevent or enjoin a dangerous condition from existing on a Village street, roadway or right-of-way.
This article shall apply to all utility poles located on any Village road, street, or right-of-way, and to all utility poles installed hereinafter.
The provisions of this article shall be deemed to supplement applicable state and local laws, ordinances, codes and regulations and nothing in this article shall be deemed to abolish, impair, supersede or replace existing remedies of the Village or existing requirements of any other applicable state or local laws, ordinances, codes or regulations. In case of conflict between any provision of this article and any applicable state or local law, the more restrictive or stringent provision or requirement shall prevail.
If any clause, sentence, paragraph, subdivision, section or part of this article or the application thereof to any person, individual, corporation, firm, partnership or business shall be adjudged by any article of competent jurisdiction to be invalid or unconstitutional, then such order or judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part of this article, or its specific application.
This article shall take effect immediately upon filing with the Secretary of State.