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.
As used in this chapter, the following terms shall have the
meanings indicated:
POLE, DANGEROUS/DAMAGED
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.
POLE, SECOND OR DOUBLE
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.
PUBLIC UTILITY
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.
UTILITY EQUIPMENT
The cables, terminals, conductors and other fixtures necessary
for transmitting electric, telephone, cable television, other telecommunications
or other utility services.
UTILITY POLE
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.
VILLAGE
The Incorporated Village of Farmingdale.
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.
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.
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.