[Adopted 5-3-2017 by L.L.
No. 5-2017]
A.
The Town Board hereby finds and determines that public utility companies
place poles on highways, streets, roads and rights-of-way within the
Town of New Windsor to facilitate the delivery of electric, telephone,
cable television, and other telecommunications services to the residents
of the Town of New Windsor.
B.
The Town Board finds and determines that local governments have the
authority to regulate highways, streets, roads and rights-of-way within
its Town to protect the public.
C.
The Town Board finds and determines that utility poles are damaged
from time to time.
D.
The Town Board finds and determines that public safety can be compromised
when utility lines and equipment remain affixed to utility poles that
are weathered or otherwise damaged.
E.
The Town Board finds and determines that when a new pole is installed,
a utility's delay in removing lines and equipment from the old
pole also delays the removal of the pole itself, which causes a proliferation
of aesthetically unpleasant double poles along highways, streets,
roads, and rights-of-way, as well as obstructing the paths of pedestrians.
F.
The Town Board finds and determines that the interest of the public
is best served by cooperation and communication between public utilities
and the Town Board.
G.
In enacting this article, the Town Board deems this article to be
an exercise of the police power of the Town of New Windsor for the
preservation and protection of public safety and is enacted pursuant
to the authority contained in the Highway Law, Town Law, and Municipal
Home Rule Law of the State of New York.
H.
Therefore, the purpose of this article is to require utilities that
use highways, streets, roads and rights-of-way within the Town 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.
This article shall be referred to as "Double Utility Poles,
Removal of."
As used in this article, the following terms shall have the
meanings indicated:
Town of New Windsor Chief Code Enforcement Officer, or her
designee.
Any utility pole that is structurally compromised due to
weather, a traffic incident, and/or age and poses a potential threat
to public safety.
Any old utility pole which is attached or in close proximity
to a new utility pole.
The cables, terminals, conductors and other fixtures necessary
for transmitting electric, telephone, cable television or other telecommunications
service.
Any corporation, authority, or other entity that provides
electric, telephone, cable television, or other service, including
telecommunications service, to the residents of the Town of New Windsor.
A column or post used to support service lines for a public
utility.
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 highway, street, road
or right-of-way within said Town, or change the location of any existing
pole on any highway, street, road or right-of-way within said Town,
without first having provided notification to the Town through the
PSC-required, accepted electronic notification system being utilized
by said utilities.
A.
When the Chief Code Enforcement Officer 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 highway, street, road or right-of-way within the Town, the Chief Code Enforcement Officer 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 Chief Code Enforcement Officer 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 § 252-59.
B.
When the Chief Code Enforcement Officer determines that a utility pole on a highway, street, road or right-of-way within the Town is damaged and poses a potential threat to public safety, the Chief Code Enforcement Officer 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 § 252-59. 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 § 252-59. The affected utility may present documentary evidence to the Town 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 Chief Code Enforcement Officer's notification. In the event the Chief Code Enforcement Officer is satisfied that the plant and/or pole no longer poses a threat to public safety, she shall have the discretion to withdraw the removal notice.
C.
When the Chief Code Enforcement Officer determines that a double pole is on a highway, street, road or right-of-way within the Town, the Chief Code Enforcement Officer 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 Chief Code Enforcement Officer 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 60 days. Failure to comply with the requirements of this provision may result in penalties as provided for in § 252-59.
A.
Notwithstanding any provision of this article to the contrary, the
Chief Code Enforcement Officer may extend the time frame of any written
notice provided under this article for an additional period not exceeding
the original statutory time frame set forth in this article. The public
utility shall make a request for an extension, in writing, to the
Chief Code Enforcement Officer prior to the expiration of the time
frame contained in the original written notice, together with the
basis for the request. The Chief Code Enforcement Officer 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 Chief Code Enforcement Officer shall
issue another written notice, which shall supersede the previously
issued notice.
A.
Any person, firm, corporation or public utility convicted of a violation
of the provisions of this article shall be guilty of a violation,
for a first conviction, punishable by a fine not exceeding $1,000;
for a second or subsequent conviction, punishable by a fine not exceeding
$2,000. Every day that the violation continues shall be deemed a separate
violation.
B.
Any public utility found guilty of violating this article and that
fails to remove its plant from a damaged pole within 15 days of receiving
notification from the Town, pursuant to this article, shall be punished
by a fine of up to $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 article, no such fines
or penalties shall be assessed for violations of this article that
occur within six months as a result of natural disasters, major weather
events and similar circumstances affecting the Town.
C.
Any public utility that fails to remove a double pole within 90 days
of receiving notification from the Town, pursuant to this article,
shall be punished by a fine of $1,000 per full calendar month that
the violation continues.
D.
If a person, firm or corporation or public utility violates the provisions
of this article, the Town Attorney may commence an action in the name
of the Town 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
article. Such action may seek to remove damaged poles and/or double
poles, or remove plants from such poles, the imposition of civil penalties
as authorized by this article, the recovery of costs of the action
and such other remedies as may be necessary to prevent or enjoin a
dangerous condition from existing on a highway, street, road or right-of-way
within the Town.
A.
This article shall apply to all utility poles located on any highway,
street, road or right-of-way within the Town, and to all utility poles
installed hereafter.
B.
The provisions of this article shall be deemed to supplement applicable
state and local laws, ordinances, codes and regulations, and nothing
in this article shall be deemed to abolish, impair, supersede or replace
existing remedies of the Town, 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 article
and any applicable state or local law, ordinance, code or regulation,
the more restrictive or stringent provision or requirement shall prevail.
Where this article differs or conflicts with other laws, rules
and regulations, unless the right to do so is preempted or prohibited
by the county, state or federal government, the more restrictive or
protective of the Town and the public shall apply.
This article is enacted pursuant to the Municipal Home Rule
Law. This article shall supersede the provisions of Town Law to the
extent it is inconsistent with the same, and to the extent permitted
by the New York State Constitution, the Municipal Home Rule Law, or
any other applicable statute.
If any word, phrase, sentence, part, section, subsection or
other portion of this article or any application thereof to any person
or circumstance is declared void, unconstitutional or invalid for
any reason, then such word, phrase, sentence, part, section, subsection,
or other portion, or the proscribed application thereof, shall be
severable, and the remaining provisions of this article, and all applications
thereof, not having been declared void, unconstitutional, or invalid,
shall remain in full force and effect.
