[HISTORY: Adopted by the Board of Trustees of the Village
of Valley Stream as indicated in article histories. Amendments noted
where applicable.]
[Adopted 3-23-2015 by L.L. No. 1-2015[1]]
The following definitions shall apply in the interpretation
and enforcement of this article:
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
telecommunication service to the residents of the Village of Valley
Stream.
The Village of Valley Stream Superintendent of Buildings
or his/her designee.
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.
This Village Board hereby finds and determines that:
A.
Public utility companies place poles on Village of Valley Stream
highways, streets, roads and rights-of-way to facilitate the delivery
of electric, telephone cable television, and other telecommunications
services to the residents of the Village of Valley Stream.
B.
Local governments have the authority to regulate their highways,
streets, roads and rights-of-way to protect the public.
C.
Utility poles are damaged from time to time.
D.
Public safety can be compromised when utility lines and equipment
remain affixed to utility poles that are weathered or otherwise damaged.
E.
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 among highways, streets, roads, and rights-of-way, as
well as obstructing the paths of pedestrians.
F.
The interest of the public is best served by cooperation and communication
between public utilities and the Village Board.
G.
In enacting this article, the Village Board deems this article to
be an exercise of the police power of the Village of Valley Stream
for the preservation and protection of public safety and is enacted
pursuant to the authority contained in the Highway Law, Village 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 Village highways, streets, roads and rights-of-way 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, and the site has been restored to a condition satisfactory
to the Superintendent of Buildings.
A.
No person, firm or corporation shall place or erect any pole for
any purpose on any Village highway, street, road or right-of-way of
said Village, or change the location of any existing pole on any Village
highway, street, road or right-of-way of said Village without first
having obtained a permit from the Superintendent of Buildings.
B.
Application for a permit under this section shall be made upon a
form to be provided by the Superintendent of Buildings and upon payment
of a permit fee to be set by resolution of the Village Board.
A.
When the Superintendent of Buildings issues a permit for the installation of a utility pole which is directly next to or in close proximity to another utility pole on a Village highway, street, road, or right-of-way, the Superintendent of Buildings 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 such plant, the Superintendent of Buildings shall provide written notice to each public utility that owns any 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 § 90B-8 of this article.
B.
When the Superintendent of Buildings determines that a utility pole on a Village highway, street, road or right-of-way is damaged and poses a potential threat to public safety, the Superintendent of Buildings 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 § 90B-8 of this article. 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 § 90B-8 of this article.
C.
When the Superintendent of Buildings determines that a double pole is on a Village street, road or right-of-way, the Superintendent of Buildings 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 such plant, the Superintendent of Buildings shall provide written notice to each public utility that owns any 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 § 90B-8 of this article.
A.
Notwithstanding any provision of this article to the contrary, the
Superintendent of Buildings 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
Superintendent of Buildings prior to the expiration of the time frame
contained in the original written notice, together with the basis
for the request. The Superintendent of Buildings 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 Superintendent of Buildings shall issue
another written notice, which shall then be applicable instead of
the previously issued notice.
The Superintendent of Buildings shall not give a permit as set forth in § 90B-3 unless there shall have been furnished by the applicant sufficient indemnity or performance bond as determined by the Superintendent of Buildings 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 requiring a permit as per § 90B-3 of this article, and 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 Superintendent of Buildings. The approval of the Superintendent of Buildings as to amount, form, manner or 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 effective.
There is hereby established a Public Utility Advisory Committee
to assist and advise the Village Board on matters related to utility
poles. The advisory committee will include representatives from the
Mayor's office, Village Attorney's office, the Superintendent
of Buildings, and public utilities. The Public Utility Advisory Committee
is authorized to adopt rules and establish procedures insofar as they
are not inconsistent with the provisions of this article.
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 $500; and
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 the provisions of this
article shall be subject to a civil penalty not to exceed $500 for
each such 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 article, the Village Attorney may commence an action in the
name of the Village of Valley Stream 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 to 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 Village highway, street, road or right-of-way.
A.
This article shall apply to all utility poles located on any Village
highway, street, road or right-of-way 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.
If any clause, sentence, paragraph, section, word or part of
this article is adjudged by any court of competent jurisdiction to
be invalid, the judgment shall not affect, impair or invalidate the
remainder of this article but shall be confined in its operation to
the clause, sentence, paragraph, section, word or part of this article
directly involved in the controversy in which judgment is rendered.
This article shall take effect immediately upon filing with
the Secretary of State.
