The Village of Athens recognizes that the supply of services
to the residents of the Village is of vital importance, while at the
same time a framework wherein the Village may review and regulate
the impacts of the construction of infrastructure for the delivery
of such utilities is necessary for the orderly growth of the Village.
As used in this chapter, the following terms shall have the
meanings indicated:
PUBLIC UTILITY
One or more persons or corporations operating an agency or
agencies for public service, and who or which is or are subject to
the jurisdiction, supervision, laws and regulations prescribed by
or pursuant to provisions of the New York State Public Service Law,
the NYS Public Service Commission or Title 16 of the New York Code
of Rules and Regulations or the FCC including, but not limited to,
for the purpose of supplying gas, electricity, water, power, transportation,
television, cable or telephone service to the general public, including
wireless telecommunications services facilities.
Prior to the issuance of any building permit or the commencement of any work; construction, demolition or excavation associated with a public utility, such public utility must obtain a site plan approval and special use permit from the Village of Athens Planning Board in accordance with the procedures and standards set forth the Village of Athens Code, Chapter
250, Zoning.
If any clause, sentence, paragraph, word, section or part of
this chapter shall be adjudged by any court of competent jurisdiction
to be unconstitutional, illegal or invalid, such judgment shall not
affect, impair or invalidate the remainder thereof, but shall be confined
in its operation to the clause, sentence, paragraph, word, section
or part thereof, directly involved in the controversy in which said
judgment shall have been rendered.
This chapter shall take effect immediately upon filing with
the Secretary of State's office.