Village of Woodbury, NY Chapter 122 Double Utility Poles, Removal of

[HISTORY: Adopted by the Board of Trustees of the Village of Woodbury 10-27-2016 by L.L. No. 5-2016. Amendments noted where applicable.]

GENERAL REFERENCES

Zoning — See Ch. 310.

§ 122-1 Legislative intent.

The Board of Trustees hereby finds and determines that:

A. Public utility companies place poles on Woodbury highways, streets, roads and rights-of-way to facilitate the delivery of electric, telephone, cable television and other telecommunications services to the residents of Woodbury;

B. Local governments have the authority to regulate their highways, streets, roads and right-of-way to protect the public;

C. Utility poles are damaged from time to time;

D. Public safety can be compromised when utility lines and equipment remain affixed to utility poles that are weathered or otherwise damaged;

E. When a new pole is installed, a utility's delay in removing lines and equipment from old poles also delays the removal of the pole itself, which causes a proliferation of aesthetically unpleasant double poles along highways, streets, roads and right-of-ways, as well as obstructing the paths of pedestrians;

F. The interest of the public is best served by cooperation and communication between public utilities and the Village Board;

G. Therefore, the purpose of this chapter is to require utilities that use Village highways, streets, 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, equipment and terminals have been removed.

§ 122-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

DANGEROUS/DAMAGED POLE

Any utility pole that is structurally compromised due to weather, a traffic incident and/or age and poses a potential threat to public safety.

DOUBLE POLE

Any old utility pole which is attached or in close proximity to a new utility pole.

PLANT

The cables, terminals, conductors and other fixtures necessary for transmitting electric, telephone, cable television or other telecommunications service.

PUBLIC UTILITY

Any utility company or public utility company that is subject to the jurisdiction, supervision and regulations of the New York State Public Service Commission.

UTILITY POLE

A column or post used to support services lines for a public utility.

VILLAGE STREETS SUPERINTENDENT OR SUPERINTENDENT

The Village of Woodbury Village Streets Superintendent or his/her designee.

WRITTEN NOTIFICATION/WRITTEN NOTICE

A writing directed to a representative of a public utility, who may be designated by the utility to receive such notice, sent by regular mail, facsimile transmission or electronic mail.

§ 122-3 Permit requirements.

No person, firm or corporation subject to the jurisdiction and regulation of the New York State Public Service Commission ("PSC") shall place or erect any pole for any purpose on any Village highway, street, road or right-of-way, or change the location of any existing pole on any Village highway, street, road or right-of-way, without first having provided notification to the Village through the required and accepted PSC electronic notification system being utilized by said utilities.

§ 122-4 Department notification; timeframe for removal.

A. When the Village Streets Superintendent is properly notified of the pending installation of a utility pole which is directly next to or in close proximity to another utility pole on a Village highway, street, road or right-of-way, the Superintendent will provide written notice to the public utility which has the top plant on the double pole that the plant must be removed within 30 days or be subject to penalty. Upon the removal of each plant, the Superintendent shall provide written notice to the public utility that owns the subsequent plant on the pole that the plant must be removed within 30 days or be subject to penalty. The last utility to remove its plant is responsible for removing the double pole within an additional 30 days. Failure to comply with the requirements of this provision may result in penalties as provided for in § 122-6 of this chapter.

B. When the Village Streets Superintendent determines that a utility pole on a Village highway, street, road or right-of-way is damaged and poses a potential threat to public safety, the Superintendent shall provide written notice to any public utility with a plant on the damaged pole that it must remove its plant from the pole within 15 days or be subject to a penalty as provided for in § 122-6 of this chapter. The last utility to remove its plant is responsible for removing the double pole. Failure to comply with the requirements of this provision may result in penalties as provided for in § 122-6 of this chapter. The affected utility may present documentary evidence to the Village in the form of a report from a licensed engineer certifying that the plant and/or pole is not a threat to public safety within 10 days from the date of the Superintendent's notification. In the event that the Superintendent is satisfied that the plant and/or pole no longer poses a threat to public safety, he/she shall have the discretion to withdraw the removal notice.

C. When the Village Streets Superintendent determines that a double pole is on a Village highway, street, road or right-of-way, the Superintendent will provide written notice to the public utility which has the top plant on the double pole that the plant must be removed within 30 days or be subject to a penalty as provided in § 122-6 of this chapter. Upon removal of each plant, the Superintendent shall provide written notice to the public utility that owns the subsequent plant on the pole that the plant must be removed within 30 days or be subject to a penalty as provided in § 122-6 of this chapter. The last utility to remove its plant is responsible for removing the double pole within an additional 60 days. Failure to comply with the requirements of this provision may result in penalties as provided for in § 122-6 for this chapter.

§ 122-5 Extension, authorized; temporary emergency suspension.

A. Notwithstanding any provisions of this chapter to the contrary, the Village Streets Superintendent may extend the timeframe of any written notice provided under this chapter for an additional period not exceeding the original statutory timeframe set forth in this chapter. The public utility shall make a request for an extension in writing to the Superintendent prior to the expiration of the timeframe contained in the original written notice, together with the basis for the request. The Superintendent shall determine whether the request for extension should be granted or denied, and provide a written response to the public utility. In such instances where the request is granted, the Superintendent shall issue another written notice, which shall then be applicable instead of the previously issued notice.

B. In the event of an emergency that affects the repair, replacement, removal or installation of utility poles or plants, the Village Mayor may temporarily suspend the deadlines in § 122-4 of this chapter for periods not exceeding 30 days.

§ 122-6 Penalties for offenses.

A. Any person, firm, corporation or public utility convicted of a violation of the provisions of this chapter shall be guilty of a violation, and, for a first conviction, punishable by a fine not less than $500 and not exceeding $1000; for a second or subsequent conviction, punishable by a fine not less than $1000 and not exceeding $2000. Every day that the violation continues shall be deemed a separate violation.

B. Any public utility found guilty of violating this chapter and that fails to remove its plant for a damaged pole within 15 days of receiving notification from the Village pursuant to this chapter, shall be punished by a fine of not less than $100 and not exceeding $250 for each such violation. Each day that the violation continues shall be deemed a separate violation. Notwithstanding anything to the contrary contained in this chapter, no such fines or penalties shall be assessed for violations of this chapter that occur within six months as a result of natural disasters, major weather events and similar circumstances affecting the Village.

C. Any public utility that fails to remove a double pole within 90 days of receiving notification from the Village pursuant to this chapter, shall be punishable by a fine of $1000 per full calendar month that the violation continues.

D. If a person, firm or corporation or public utility violates the provision of this chapter, the Village Attorney may commence an action in the name of the Village of Woodbury in a court of competent jurisdiction seeking any remedy provided by law or equity, including any civil and/or injunction proceeding necessary to enforce compliance and/or enjoin noncompliance with this chapter. Such action may seek to remove damaged poles and/or double poles, to remove plants from such poles, to impose civil penalties as authorized by this chapter, to recover costs of the action and such other remedies as may be necessary to prevent or enjoin a dangerous condition from existing on a Village highway, street, road or right-of-way.

§ 122-7 Applicability.

A. This chapter shall apply to all utility poles located on any Village highway, street, road or right-of-way, and to all utility poles installed hereafter.

B. The provisions of this chapter shall be deemed to supplement applicable state and local laws, ordinances, codes and regulations; and nothing in this chapter shall be deemed to abolish, impair, supersede or replace existing remedies of the Village, County or State or existing requirements of any other applicable state or local laws, ordinances, codes or regulations. In case of conflict between any provisions of this chapter and any applicable state or local law, ordinance, code or regulation, the more restrictive or stringent provision or requirement shall prevail.