[Added 8-17-2010 by L.L. No. 21-2010]
A.
The Riverhead Town Board hereby finds and determines that utility
companies are frequently required to replace damaged utility poles.
B.
The Riverhead Town Board also finds that this process often involves
the installation of a new pole directly next to or in close proximity
to the damaged pole, a practice known in the industry as a "double
wood."
C.
The Riverhead Town Board further determines that double woods should
be in place only temporarily to allow the various utility companies
a reasonable amount of time to move their equipment to the new pole.
D.
The Riverhead Town Board determines that, increasingly, double woods
are being left in place for long periods of time, sometimes for several
years.
E.
The Riverhead Town Board also finds and determines that double woods
have proliferated to the point where there are now hundreds, if not
thousands, of aesthetically unpleasant damaged poles lining the Town's
roadways.
F.
The Riverhead Town Board determines that, in addition to being eyesores,
damaged poles left standing for unreasonably long periods of time
pose a serious threat to the safety of Town of Riverhead residents.
G.
Therefore, the purpose of this article is to incorporate into the
Town of Riverhead Highway Department utility pole permitting process
a requirement that damaged poles be removed in a timely manner and
to authorize penalties against utilities when they fail to comply
with this permit requirement or when they fail to remove existing,
damaged poles in violation of this article.
As used in this article, the following terms shall have the
meanings indicated:
A new utility pole that is attached, or placed in close proximity,
to a damaged utility pole.
The cables, terminals, conductors and other fixtures necessary
for transmitting electric, telephone, cable television or other telecommunications
service.
Any corporation, authority or other entity that provides
electric, telephone, cable television or other telecommunications
service to the residents of the Town of Riverhead.
The Town of Riverhead Highway Department shall include in all
permits for the installation of utility poles on Town highways the
following provisions:
A.
The permittee shall have 90 days to remove a damaged pole following
the installation of a new pole.
B.
If a damaged pole remains as part of a double wood after the ninety-day
period has expired, the Town of Riverhead Highway Department shall
notify the permittee that the damaged pole must be removed within
60 days of receipt of the notice or a penalty will be imposed.
C.
If a damaged pole remains as part of a double wood 60 days after
the Town's notification, the permittee shall be assessed a penalty
of $250 for each day the damaged pole is left standing.
A.
The Highway Department Superintendent shall determine procedures
for compliance with the provisions of this article.
B.
The Highway Department Superintendent or designee shall also be responsible
for undertaking the inspections to determine compliance and certification
and filing the necessary documentation.
C.
The provisions of this article shall be enforced by the Building
Inspector, the Building and Planning Administrator, Ordinance Inspector,
Town Investigator, Senior Town Investigator and by the police officers
of the Town of Riverhead, who shall be authorized to issue summonses
to violators at the site of the violation. If the owner of the property
on which the violation exists cannot be personally served at the time
of the issuance of the summons, the summons shall be served upon the
owner by certified mail, return receipt requested, addressed to the
owner or its designated managing agent at the address listed in the
property tax rolls as the address of the property owner.[1]
A.
Each day's continued violation shall constitute a separate, additional
violation.
B.
A violation of this article shall be punishable by a fine not to
exceed $250.
C.
Any public utility that violates this law and fails to remove their
double wood or plant from a damaged pole within 60 days of receiving
notification shall be subject to a civil penalty not to exceed $250
for each such violation. Each day that the violation continues shall
be deemed a separate violation.
D.
If a public utility violates the provisions of this article and fails
to remove the double wood or plant from a damaged pole in accordance
with the provisions of this article, the Town Attorney, upon authorization
from the Town Board, may commence an action in the name of the Town
of Riverhead in a court of competent jurisdiction for necessary relief,
which may include imposition of civil penalties as authorized by this
article, in order to remove the double wood or plant from a damaged
utility pole and/or to remove the damaged pole, the recovery of costs
of the action and such other remedies as may be necessary to prevent
or enjoin a dangerous condition from existing on a Town highway.
A.
Scope. This article shall apply to all utility poles located within
the Town of Riverhead, whether or not the use and installation thereof
shall be permitted under applicable regulations.
B.
This article shall apply to all utility pole permits issued by the
Town of Riverhead Highway Department and shall apply to existing double
wood on or after the effective date of this article.
C.
The provisions of this article shall be deemed to supplement applicable
state and local laws, ordinances, codes and regulations. Nothing in
this article shall be deemed to abolish, impair, supersede or replace
existing remedies of the Town, county or state or existing requirements
of any other provision of local laws or ordinances of the Town or
county or state laws and regulations. In case of conflict between
any provisions of this article and any applicable state or local law,
ordinance, code or regulation, the more restrictive or stringent provision
or requirement shall prevail. The issuance of any permit or the filing
of any form under this article does not make legal any action or state
of facts that is otherwise illegal under any other applicable legislation.
