[HISTORY: Adopted by the Board of Trustees of the Village of Montgomery; Art. I, 3-5-1956; Art. II, 7-7-1969. Amendments noted where applicable.]
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.
A violation of the provisions of this Article shall be punishable by a fine of $25.
If a person who has violated the preceding section of this Article, or any other section, refuses or neglects to remove such poles or wires, after due notice to do so he shall forfeit and pay to the village the sum of $5 for each and every day he shall so neglect or refuse, in addition to the penalty prescribed in the last subsection.
If any loss, damage or expense shall be sustained by the village because of a violation of this Article, the person violating the same will also be held liable for all damages, costs and expenses so sustained or suffered by the village because of such violation, in addition to the penalties prescribed in the last two subsections.
In addition to the penalties prescribed in the foregoing subsections, such a violation or violations shall constitute disorderly conduct and every person guilty of the same shall be a disorderly person and liable to punishment as a disorderly person pursuant to law.
The Board of Trustees of the Village of Montgomery does find and determine that the public interests require that all facilities and wires for supplying and distributing electrical energy and service, including telephone, telegraph and cable television service, to be constructed in the Village of Montgomery upon property which is yet undeveloped and which will be subdivided for residential purposes in accordance with the subdivision regulations of the Village of Montgomery, shall be placed underground for the following reasons:
In areas adjacent to existing or committed underground development, they are hazards to the safety of the children in the flying of kites.
That in event of wind, rain or electrical storm, overhead wires increase the danger of fires.
Overhead wires create additional hazards to the general public, fire fighters, tree-maintenance men and construction personnel, using cranes, booms and other construction equipment.
Therefore, the construction of underground utilities promote and preserve the health, safety and general welfare of the public and assure the orderly development of the Village of Montgomery.
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:
Written application shall be filed with the Planning Board of the Village of Montgomery.
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.
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.