No person or persons, association or associations,
corporation or corporations shall erect or place any telegraph, telephone
or electric light poles upon any of the streets of the Village, or
string any wires in, over or upon any of said streets or upon, over
or in front of any building or buildings in said Village, except by
permission of and under the control and supervision of the Board of
Trustees or its agents.
All facilities and wires for the supply and
distribution of electrical energy, telephone, telegraph and cable
television service to be constructed in the Village of Montgomery,
on all undeveloped property which is subdivided in accordance with
the subdivision regulations of the Village of Montgomery for residential
purposes shall be placed underground unless special permission to
construct said facility above ground is granted as hereinafter provided.
For the purposes of this section, appurtenances and associated equipment
such as, but not limited to, surface-mounted transformers, pedestal-mounted
terminal boxes and meter cabinets and concealed ducts in an underground
system may be placed above ground. Any person subdividing lands shall
make the necessary arrangements with the utility companies involved
to provide for the underground installation of these facilities.
Where the enforcement of the provisions of this
article would result in undue hardship, property owners may make application
for exception from the provisions of this article in the following
manner:
A. Written application shall be filed with the Planning
Board of the Village of Montgomery.
B. Such application shall include all information necessary
to properly apprise the Planning Board of the Village of Montgomery
of the circumstances existing which requires such an exception.
C. Within 30 days after the filing of such application,
the Planning Board shall conduct a hearing on the application. After
the hearing and within 20 days thereafter, the Planning Board of the
Village of Montgomery shall either grant or deny the application.
Such application may be granted only upon an affirmative showing of
unusual and great hardship.