As used in this article, the following terms shall have the
meanings indicated:
DANGEROUS OR DAMAGED POLE
Any utility pole that is structurally compromised due to
weather, a traffic incident, and/or age and may pose a danger to public
safety.
DOUBLE POLE or DOUBLE WOOD POLE
Any inactive, damaged, and/or replaced utility pole which
is located within close proximity to a new utility pole, including
poles from which public utility companies are required or strongly
encouraged to transfer their attached facilities to the new utility
poles, and that the utility pole owner is required or strongly encouraged
to remove pursuant to the PSC's orders, rules, regulations, and guidance.
FACILITY or FACILITIES
The cables, terminals, conductors, and other fixtures necessary
for transmitting electric, telecommunications, cable television, or
other services provided by the owner or joint owner of, or other licensed
attachers to a utility pole.
PUBLIC UTILITY COMPANY
Any corporation, authority, or other entity, as defined by
Subsection 23 of § 2 of the New York State Public Service
Law, that provides electric, telecommunications, cable television,
or other service to the residents of the Village of Cornwall-on-Hudson.
REMOVE or REMOVAL
Extrication of an entire utility pole, including any of its
moorings and appurtenances, or, where necessary, the cutting of a
utility pole flush to the ground, and the filling and grading of any
hole or opening left after such extrication or cutting in a manner
that leaves a level grade safe for vehicle and pedestrian travel.
UNLICENSED ATTACHER
Any entity that has attached any facility or facilities to
a utility pole without the authority to do so in a written agreement
or contract with a pole owner.
UTILITY POLE
A structure, column, or post affixed to the ground and used
to support public utility company facilities.
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 one another.
B.
Absent satisfactory evidence of the necessity of retaining the
older utility pole in question and/or the feasibility of alternative
configurations of utility poles offered by the attacher, owner or
joint owner of the retained older utility pole, any utility pole which
is located within 12 feet of any other utility pole shall be presumed
to be an unnecessary utility pole.
[Amended 12-18-2017 by L.L. No. 5-2017]
WRITTEN NOTIFICATION or WRITTEN NOTICE
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, certified mail, or electronic mail.
In 2012, the PSC issued an order requiring public utility companies
and licensed attachers to utility poles to use the National Joint
Utilities Notification System ("NJUNS") to monitor all facilities
attached to utility poles and to notify licensed attachers and utility
pole owners when their utility facilities must be transferred from
a utility pole and when the responsible utility pole owner(s) must
remove the replaced utility pole. The PSC may designate a successor
to NJUNS in the future. The Village of Cornwall-on-Hudson shall maintain
its current access to NJUNS or obtain access to its successor so that
it may monitor the compliance of each public utility company and licensed
attacher with the PSC's orders, rules, regulations, and guidance.
All public utility companies and licensed attachers with utility poles
or utility facilities in the Village of Cornwall-on-Hudson must utilize
NJUNS or its successor and comply with the PSC's orders, rules, regulations,
and guidance regarding notification, facilities transfer or removal,
and utility pole removal, as well as the requirements of this article
to the extent they do not conflict with the PSC's orders, rules, regulations,
and guidance.