[HISTORY: Adopted by the Board of Trustees
of the Village of Montgomery as indicated in article histories. Amendments
noted where applicable.]
[Adopted 3-5-1956]
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.
A violation of the provisions of this article shall
be punishable by a fine of $25.
B.
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.
C.
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.
D.
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.
[Adopted 7-7-1969]
A.
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:
(1)
In areas adjacent to existing or committed underground
development, they are hazards to the safety of the children in the
flying of kites.
(2)
That in event of wind, rain or electrical storm, overhead
wires increase the danger of fires.
(3)
Overhead wires create additional hazards to the general
public, fire fighters, tree-maintenance men and construction personnel,
using cranes, booms and other construction equipment.
B.
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:
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.