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.
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.
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.
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.