[HISTORY: Adopted by the Board of Trustees of the Village
of Farmingdale 9-6-2016 by L.L.
No. 5-2016. Amendments noted where applicable.]
No person, persons, firm or corporation shall erect telegraph,
telephone or electric light poles, or string wires, in, over or upon
the streets or public grounds of the Village, or upon, over or in
front of any building or buildings within the Village, without first
procuring written permission from the Village Clerk-Treasurer.
All permits granted under this chapter are granted upon the
express condition that the same may be revoked by the Board of Trustees.
Any person, persons, firm or corporation violating any of the provisions of this chapter shall be punishable in accordance with § 545-17.
This chapter shall take effect immediately upon filing with
the Secretary of State.
A.
This Village Board of Trustees hereby finds and determines:
(1)
Utility poles, which are used to facilitate the delivery of electric,
telephone, cable television and other utilities and services to the
residents of the Village are routinely damaged by traffic accidents
and adverse weather conditions, or otherwise become obsolete or unsuitable.
(2)
Public safety is compromised when utility lines and equipment remain
affixed to damaged or otherwise obsolete or unsuitable utility poles
for unreasonably long periods of time. The delay in removing lines
and equipment delays the removal of the utility pole itself, resulting
in the existence of a second or double pole, which, in turn, results
in the proliferation of aesthetically unpleasant conditions and unnecessarily
and unreasonably obstructs the walkways and other rights-of-way within
the Village.
(3)
Pursuant to the Highway Law, Village Law, and Municipal Home Rule
Law of the State of New York, it is the intent of the Village to regulate
roads and the rights-of-way and utility poles within the Village for
the preservation and protection of public safety.
B.
It is the intent and purpose of the Village Board of Trustees to
require the removal of wires, plants, cables, lines, equipment, and
terminals from damaged or otherwise obsolete or unsuitable utility
poles and to further require the timely removal of utility poles so
as to eliminate the second or double pole; and it is the intent and
purpose of the Village Board of Trustees, to protect the public, enhance
public safety and preserve the aesthetic appearance of Village by
regulating the existence of a second or double pole.
As used in this chapter, the following terms shall have the
meanings indicated:
Any utility pole that is structurally compromised due to
weather, traffic incident, and/or age or which otherwise poses a potential
threat to public safety.
A utility pole which is no longer suitable for its originally
intended purpose.
Any utility pole located in close proximity to another utility
pole. For purposes of this chapter, "close proximity" shall be defined
as utility poles which are less than 25 feet apart.
Any corporation, authority, or other entity that provides
electric, telephone, cable television, or other utility or service,
including telecommunications service, within the Village or to the
residents of the Village.
The Superintendent of the Department of Public Works for
the Incorporated Village of Farmingdale, or his/her designee.
The cables, terminals, conductors and other fixtures necessary
for transmitting electric, telephone, cable television, other telecommunications
or other utility services.
A column or post used to support service lines for a public
utility or one used by a public utility in the transmission of utility
services.
The Incorporated Village of Farmingdale.
A.
No person, firm or corporation shall place or erect any utility pole
for any purpose on any Village highway, street, road or right-of-way
of said Village, or change the location of any existing utility pole
on any Village highway, street, road or right-of-way of said Village,
without first having obtained a permit from the Village Clerk-Treasurer.
B.
An application for a permit under this section shall be made upon
a form provided by the Village Clerk-Treasurer.
C.
The applicant shall indicate, in conjunction with its application,
whether there are any utility poles in close proximity to the proposed
location of the utility pole and whether the permit is for a new utility
pole or one which is intended to replace an existing utility pole.
Any dangerous, damaged, obsolete, or unsuitable utility pole,
or any utility pole which is no longer used or necessary for the transmission
of for transmitting electric, telephone, cable television, other telecommunications
or other utility services, shall be removed in accordance with this
chapter. Only one utility pole shall be permitted in a given location.
A new utility pole shall be installed to replace a utility pole which
has been damaged or otherwise been rendered obsolete or unsuitable.
The installation of a second or double pole is strictly prohibited.
A.
Upon the determination that a second or double pole exists in the Village, the Village Clerk-Treasurer shall provide written notice of the second or double pole violation to the utility pole owner. Within 30 days of such notice, the second or double pole shall be removed. Within 15 days of the written notice referenced herein, the utility pole owner shall provide notice to each public utility that operates or maintains utility equipment on the utility pole of the utility pole owner's obligation to remove the utility pole within the required thirty-day period. If the utility pole is not removed within the time specified, or if the utility pole owner has not issued the notices required by this subsection, the utility pole owner shall be in violation of this chapter and shall be subject to the fines and penalties set forth in § 545-17. In the event that the notice as required herein has been provided to a public utility with utility equipment on the utility pole, (or notice has been provided directly by the Village Clerk-Treasurer), and the utility pole has not been removed or the public utility's equipment has not been removed from the utility pole, the public utility shall be in violation of this chapter and subject to the fines and penalties set forth in § 545-17.
B.
Before the Village Clerk-Treasurer issues a permit for the installation
of a new utility pole which is adjacent to or in close proximity to
an existing utility pole, he shall require the applicant to provide
written notice to the existing utility pole owner and each public
utility that operates or maintains utility equipment on the existing
utility pole that applicant has applied for a permit to install a
new utility pole. The notice shall also advise that within 30 days
of the granting of the permit to install the new utility pole, all
utility equipment must be removed from the existing utility pole and
that the existing utility pole must be removed within 45 days of the
granting of the permit to install the new utility pole. No permit
shall be granted for the installation of a new utility pole unless
the applicant has provided proof of the notices required under this
section. Each public utility which operates or maintains utility equipment
on the existing utility pole shall have the obligation to remove their
utility equipment from the existing utility pole within 30 days of
the granting of the permit. The owner of the existing utility pole
and each public utility which operates or maintains utility equipment
on the existing utility pole shall have the obligation to remove the
existing utility pole within 45 days of the granting of the permit.
C.
If a utility pole is damaged or poses a threat to public safety, the Village Clerk-Treasurer shall provide notice of such danger and threat to the utility pole owner. The notice shall specify the number of days within which the existing utility pole shall be removed, which number of days shall be determined by the Village Clerk Treasurer, depending upon the threat posed by the dangerous condition. The utility pole owner shall have the obligation to notify each public utility which operates or maintains utility equipment on the existing utility pole of the danger or threat and of their obligation to remove their utility equipment from the utility pole so that the utility pole owner may remove the utility pole within the time required. If the utility pole is not removed within the time required, or if the utility pole owner has not issued the notices required by this subsection, the utility pole owner shall be in violation of this chapter and shall be subject to the fines and penalties set forth in § 545-17. In the event that the notice as required herein has been provided to a public utility with utility equipment on the utility pole (or notice has been provided directly by the Village Clerk-Treasurer), and the utility pole has not been removed or the public utility's equipment has not been removed from the utility pole, the public utility shall be in violation of this chapter and subject to the fines and penalties set forth in § 545-17.
D.
The Village has the right but not the obligation to remove a second
or double pole. In the event that the Village removes the second or
double pole, the costs and expenses thereof shall be assessed to the
owner of the utility pole or to any public utility that has or had
any utility equipment installed on the utility pole.
E.
If, upon notice of the application of the installation of a new utility
pole, the existing utility pole owner or any public utility objects
to the installation of the new utility pole, the Village Clerk-Treasurer
shall not grant the permit and shall refer the application to the
Village Board of Trustees for determination. The costs and fees of
any consultants incurred by the Village in connection with the determination
contemplated hereunder shall be paid by the applicant and no permit
shall be issued unless, and until, such costs and fees have been reimbursed.
Notwithstanding any provision of this chapter to the contrary,
the Village Board of Trustees may extend the time frames specified
in this chapter, provided that the request, together with the basis
for the request, shall be in writing and submitted prior to the expiration
of the time frames specified in this chapter.
No permit shall be issued pursuant to this chapter unless there
shall have been furnished by the applicant sufficient indemnity or
performance bond as determined by the Village Clerk-Treasurer as a
condition precedent to the issuance of the permit and the commencement
of work. Said bond or indemnity shall be for a reasonable amount and
may cover any activities necessary or required in connection with
the grant of the permit. Said bond or indemnity may cover any period
of time necessary to include the accomplishment of such activity,
all as shall be determined by the Village Clerk-Treasurer. The approval
of the Village Clerk-Treasurer as to amount, form, manner of execution
and sufficiency of surety or sureties shall be entered on said bond
before it shall be filed in the Village Clerk's office, and said
bond shall be so filed before said permit shall be issued or be effective.
A.
Any person, firm, corporation or public utility convicted of a violation
of any provision of this chapter shall be guilty of a violation, for
a first conviction, punishable by a fine not exceeding $500; for a
second or subsequent conviction, punishable by a fine not exceeding
$1,000. Every day that the violation continues shall be deemed a separate
violation.
B.
In addition to the penalties provided above, any person, firm or
corporation or public utility that violates any provision of this
chapter shall be subject to a civil penalty not to exceed $500 for
a first violation; $1,000 for a second or subsequent violation. Every
day that the violation continues shall be deemed a separate violation.
C.
If a person, firm or corporation or public utility violates the provisions
of this chapter, the Village Attorney may commence an action in the
name of the Village 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.
D.
The Village Board of Trustees may reduce or waive the penalties or
fines provided that the party violating this chapter can demonstrate
good cause.
A.
This chapter shall apply to all utility poles located within the
Village of Farmingdale including those on Village highways, streets,
roads or rights-of-way.
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 provision of this chapter
and any applicable state or local law, ordinance, code or regulation,
the more restrictive or stringent provision or requirement shall prevail.
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.
This chapter shall take effect immediately upon filing with
the Secretary of State.
