This chapter shall be entitled "Regulations Regarding the Installation
of Underground Utility Cable, Wiring and Equipment in the Village
of West Hampton Dunes."
Pursuant to § 10 of the Municipal Home Rule Law, the
Village Law, the General Municipal Law, and other relevant laws of
the State of New York, the Incorporated Village of West Hampton Dunes,
County of Suffolk, and State of New York, hereby enacts by this chapter
a local law of the Village of West Hampton Dunes.
As used in this chapter, the following terms shall have the
meanings indicated:
CABLE, WIRE, or EQUIPMENT
The cable, wire, equipment and other assets of the utilities
operating in the Village which are used in providing utility service
to the residents of the Village and the Village.
OTHER RELEVANT LAWS, RULES, AND REGULATIONS
The prior, existing, and previously adopted laws, rules and
regulations affecting or regulating the cables, wiring, and equipment
of the utilities operating in the Village, including but not limited
to the location of the cables, wiring, and equipment.
PRIVATE PROPERTY
The areas within the Village of West Hampton Dunes that are
owned by private owners, and on which the described utility companies
maintain or will maintain cable, wiring or equipment, for the purpose
of providing utility service to the Village of West Hampton Dunes
or its residents.
PUBLIC RIGHTS-OF-WAY
The areas owned by the Village of West Hampton Dunes, in
which the described utility companies maintain or will maintain cable,
wiring or equipment, for the purpose of providing utility service
to the Village of West Hampton Dunes or its residents.
UNDERGROUND
At least two feet below the grade existing at the location
of the cable, wire, or equipment.
UTILITY
An electric, telephone, cable television, or other type of
company or entity providing these or similar services to the residents
of the Village of West Hampton Dunes, whether pursuant to a franchise
granted by the Village or not.
All utilities are within the jurisdiction of this chapter which:
A. Operate or provide utility supply or service within the Village of
West Hampton Dunes or to the residents or the Village of West Hampton
Dunes, whether by franchise granted by the Village of West Hampton
Dunes or otherwise, including but no limited to electric, telephone,
and cable television and/or communication service.
B. Maintain wires, cables, and/or equipment in the public rights-of-way
or on private property in the Village of West Hampton Dunes, whether
by franchise or agreements of easement or right-of-way granted by
the Village or otherwise, including but not limited to the electric,
telephone, and cable television or communication services.
All wires, poles, cables, and/or other equipment owned by any
utility in the Village of West Hampton Dunes or which is located in
the Village of West Hampton Dunes shall be within the jurisdiction
and regulation of this chapter.
This chapter of the Village of West Hampton Dunes shall be enforced
by the Board of Trustees of the Village of West Hampton Dunes, and
the officers and commissioners of the Village that may be designated
and/or appointed to provide the enforcement of this chapter by the
Village Board of Trustees, or as otherwise duly appointed or authorized.