[Adopted 7-14-2015 by L.L. No. 2-2015]
This Town Board hereby finds and determines that public utility
companies place poles on Town of Smithtown roads and rights-of-way
to facilitate the delivery of electric, telephone, and cable television
services to the residents of the Town of Smithtown. This Board also
finds that utility poles are frequently damaged by traffic accidents
and adverse weather conditions. This Town Board determines that public
safety can be compromised when utility lines and equipment remain
affixed to weathered/damaged/old poles for unreasonably long periods
of time. This Town further determines that a utility's delay in removing
lines and equipment also delays the removal of the pole itself, which
causes a proliferation of aesthetically unpleasant "double woods"
or "double poles" along roadways. This Town Board also finds and determines
that local governments have the authority to regulate their roads
and rights-of-way to protect the public. Therefore, the purpose of
this article is to require utilities that use Town roads and rights-of-way
to promptly remove their plants, cables, lines, equipment and terminals
from old and damaged poles and to further require the prompt removal
of double poles once all plants, cables, lines, terminals and other
fixtures have been removed.
As used in this article, the following terms shall have the
meanings indicated:
Any utility pole that is structurally compromised due to
weather, a traffic incident, and/or age, and poses a potential threat
to public safety.
The Town of Smithtown Highway Department.
Any damaged utility pole or old utility pole from which the
plant has been removed, in whole or in part, which is attached or
in close proximity to a new 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 Smithtown.
The Town of Smithtown Highway Superintendent.
A.
No person,
corporation, or entity shall do, or cause to be done, any act or thing
which shall cause or contribute to a condition in, within, or upon
any highway, street, road, sidewalk, sidepath, passway, or other public
way of the Town of Smithtown, or maintained by it, which shall be
dangerous to the health, safety, or welfare of persons using same,
or impair the public use thereof, or obstruct or tend to obstruct
or render the same dangerous for passage. No person, firm, or corporation
shall change or alter the grade of any Town highway, street, road
or any sidewalk upon or in a Town highway, street, or road of the
Town of Smithtown, or in any manner alter or change the line or height
of any curb in any Town highway, street, or road in Town, or open
the surface of any Town highway, street, or road of the Town of Smithtown
or make any excavation under the surface thereof for any purpose,
or place or erect any pole for any purpose in or upon any Town highway,
street, or road of said Town, or alter or change the location of any
existing pole in any Town highway, street, road, or right-of-way of
said Town without first having obtained a permit from the Supervisor
of the Smithtown Highway Department.
B.
Application
for a permit under this section shall be made upon a form to be provided
by the Superintendent of the Smithtown Highway Department and upon
payment of a permit fee to be determined by the Superintendent.
C.
The Town
of Smithtown Highway Department shall include the following provision
in all permits for the installation of utility poles on Town highways:
The permit applicant shall have 90 days to remove a double pole following
the installation of a new utility pole.
A.
When the Superintendent issues a permit for the installation of a utility pole which is directly next to or in close proximity to another utility pole in a Town highway or right-of-way, the applicant shall have 90 days to remove the damaged or double pole following the installation of the new utility pole. Failure to do so may result in penalties as provided for in § 245-40A of this article.
B.
When the Department determines that a utility pole in a Town road or right-of-way is damaged and poses a potential threat to public safety, the Department shall notify any public utility with a plant on the damaged pole that it must remove its plant from the pole and remove the damaged pole or be subject to a penalty as provided in § 245-40A of this article. A public utility must remove its plant from the damaged pole, any other plants affixed to the damaged pole, and the damaged pole itself within 15 days of receiving such notification from the Department.
C.
When the Department or its duly authorized agent determines that a double pole is in a Town road or right-of-way, the Department or its duly authorized agent will notify the public utility which has its plant on the double pole that such plant must be removed within 30 days or be subject to a penalty pursuant to § 245-40A of this article. Upon removal, each subsequent public utility with plant on a double pole will have 30 days to remove such plant from the date it receives notification from the Department or its duly authorized agent.
D.
After all plants have been removed from the double pole, the public utility which owns the double pole shall remove said pole within 30 days, or be subject to a penalty pursuant to § 245-40A of this article. This provision shall not nullify or limit any private agreement between and among public utilities that assign responsibility for pole removal.
E.
In addition
to the reinstallation of plants, any underground utility lines which
have been removed from the double pole shall be properly reaffixed
to the new utility pole, leaving no loose wires or gaps.
F.
Copies
of all notifications issued from the Department and/or its duly authorized
agent shall be filed with the Town Attorney's office.
G.
Any and
all complaints regarding the existence of double poles and/or dangerous/damaged
poles shall be reduced to writing and filed with the Town Clerk's
office.
No person, corporation, or entity shall disturb, break, mar, injure, remove, deface, or cause to be disturbed, broken, marred, injured, removed or defaced, the surface of any part of any highway, street, road, sidewalk, sidepath, passway, or other public way of the Town of Smithtown or maintained by it and the Superintendent shall not give a permit authorizing any act or acts as set forth in § 245-37 unless there shall have been furnished by the applicant sufficient indemnity or performance bond as determined by the Superintendent as a condition precedent to the issuance of the permit and the acts specified in § 245-37 of this article, and said bond or indemnity may cover any period of time necessary to include the accomplishment of one or more of the aforesaid, all as shall be determined by the Superintendent. The approval of the Superintendent as to amount, form, manner of execution, and sufficient of surety or sureties shall be entered on said bond before it shall be filed in the Town Clerk's office, and said bond shall be so filed before said permit shall be effective.
A.
Any public
utility that violates this article 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.
B.
If a public
utility violates the provisions of this article and fails to remove
its plant from a damaged pole in accordance with the provisions of
this article, the Town Attorney, upon the request of the Department,
may commence an action in the name of the Town, in a court of competent
jurisdiction, for necessary relief, which may include the imposition
of civil penalties as authorized by this article, an order to remove
the 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 in a Town road or right-of-way.
This article shall apply to all utility poles located on Town
roads or rights-of-way as of the effective date of this article.
This article shall take effect immediately upon filing in the
office of the Secretary of State, pursuant to the Municipal Home Rule
Law.
