The Common Council for the City of Albany hereby finds that
unnecessary utility poles within close proximity to one another pose
an immediate and serious hazard to motorists and pedestrians by impeding
visibility along roadways, particularly at or near intersections,
while serving no legitimate need or purposes. In addition, such utility
poles constitute a visual eyesore while, again, serving no legitimate
need or purpose. The Common Council further finds that it would be
in the best interest of the City and would serve to protect and preserve
the health, safety and welfare of the community to require the owners
of unnecessary utility poles in close proximity to one another to
remove all such unnecessary utility poles. The Common Council also
finds that it would be in the best interest of the City to inspect
all current and proposed utility poles to determine their stability
and ensure the safety of all residents. It is the purpose of the Common
Council in adopting this chapter to discourage the installation of
unnecessary utility poles and to compel the owners of all existing
unnecessary utility poles to remove them from City-owned properties
and rights-of-way in order to protect and preserve the health, safety
and welfare of the community. It is the goal of the Common Council
to compel the elimination of all unnecessary utility poles from the
City of Albany.
As used in this chapter, the following terms shall have the
meanings indicated:
COMMISSIONER
The Commissioner of the Department of General Services.
PLANT
The cables, terminals, conductors and other fixtures necessary
for transmitting electric, telephone, cable television or other telecommunications
service.
UNNECESSARY UTILITY POLE
A.
Any utility pole which is within 12 feet of another utility
pole unless:
(1)
It is necessary to safely carry some or all of the utility service
lines which it, and all other utility poles within 12 feet of it,
are intended to carry; and
(2)
There is no feasible alternative configuration of utility poles
which can safely carry all of the utility service lines in that area
using only utility poles 12 or more feet from another.
B.
Absent satisfactory evidence of the necessity of the utility
pole in question and/or the feasibility of alternative configurations
of utility poles, any utility pole which is located within 12 feet
of any other utility pole shall be presumed to be an unnecessary utility
pole.
UTILITY POLE
A pole made of any material, which is affixed to the ground
and which carries overhead utility service lines. The phrase "utility
pole" includes the phrases "telephone pole" and "light pole."
UTILITY SERVICE
Electricity; telephone service, including cable telephone
service; television service, including cable television service; Internet
access, including cable Internet access; and any other telecommunications
service.
WRITTEN NOTIFICATION
A writing directed to a representative of a public utility,
who may be designated by the utility, by regular mail, fax transmission
or electronic mail.
All utility poles shall be structurally sound and capable of
standing in the vertical position and carrying the utility service
lines attached to them without the support, direct or indirect, of
any other utility pole. Guy wires may be used to support a utility
pole, but no guy wire shall cross any road, street, sidewalk or paved
or unpaved pedestrian walkway in such a manner as to pose a hazard
to vehicles or pedestrians.
The Department of General Services or its duly authorized agent
shall, for informational purposes, provide notice to the owner of
a damaged or double pole when notification is given to a public utility
that its plant must be removed from the pole.
If any clause, sentence, paragraph, section, word or part of
this chapter is adjudged by any court of competent jurisdiction to
be invalid, the judgment shall not affect, impair or invalidate the
remainder of this chapter but shall be confined in its operation to
the clause, sentence, paragraph, section, word or part of this chapter
directly involved in the controversy in which judgment is rendered.