[HISTORY: Adopted by the Town Board of the Town of Montgomery 4-12-2018 by L.L. No. 4-2018. Amendments noted where applicable.]
A.
The Town Board hereby finds and determines that public utility companies
place poles on Town of Montgomery 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 Town
of Montgomery.
B.
The Town Board finds and determines that local governments have the
authority to regulate highways, streets, roads and rights-of-way 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.
Authority; purpose.
(1)
In enacting this chapter, the Town Board deems this chapter to be
an exercise of the police power of the Town of Montgomery 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.
(2)
Therefore, the purpose of this chapter is to require utilities that
use Town 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.
As used in this chapter, the following terms shall have the
meanings indicated:
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 Town of Montgomery Highway Superintendent or his/her
designee.
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 Montgomery.
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.
A.
No person, firm or corporation shall place or erect any pole for
any purpose in or upon any Town highway, street, road or right-of-way
of the Town of Montgomery, or alter or change the location of any
existing pole in any Town highway, street, road or right-of-way of
the Town of Montgomery, without first having obtained a permit from
the Superintendent of Highways.
B.
Application for a permit under this section shall be made upon a
form to be provided by the Superintendent of Highways and upon payment
of a permit fee to be set by resolution of the Town Board of the Town
of Montgomery.
C.
The Superintendent of Highways shall include in all permits for the
installation of utility poles on Town highways, streets, roads or
rights-of-way the following provision:
(1)
The permittee shall have 30 days to remove a double pole following the installation of a new pole. Removal shall include the pole and all supporting structures, including, but not limited to, guy wires and anchors, whether located on the public right-of-way or private property. Failure to do so may result in penalties as provided for in § 101-6 of the Code of the Town of Montgomery.
When the Highway Superintendent determines that a utility pole on a Town highway, street, road or right-of-way constitutes a dangerous/damaged pole, the Highway Superintendent shall provide written notice to any public utility with a plant on such pole that it must remove its plant from the pole within 15 days or be subject to a penalty as provided for in § 101-6 of this chapter. The owner of such dangerous/damaged pole shall remove such pole within 30 days of the removal of the last plant from such pole, including all supporting structures, including, but not limited to, guy wires and anchors, whether located on the public right-of-way or private property. Failure to comply with this provision may result in penalties as provided for in § 101-6 of this chapter. 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 Superintendent's notification. In the event that the Superintendent is satisfied that the plant and/or pole no longer poses a threat to public safety, he shall have the discretion to withdraw the removal notice.
A.
Notwithstanding any provision of this chapter to the contrary, the
Highway Superintendent may extend the time frame of any written notice
provided under this chapter for an additional period not exceeding
the original statutory time frame set forth in this chapter. The public
utility shall make a request for an extension in writing to the Highway
Superintendent prior to the expiration of the time frame contained
in the original written notice, together with the basis for the request.
The Highway Superintendent 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 Highway Superintendent shall issue another written notice, which
shall then be applicable instead of the previously issued notice.
A.
Any person, firm, corporation or public utility convicted of a violation
of the provisions of this chapter shall be guilty of a violation,
for a first conviction, punishable by a fine not exceeding $250; for
a second or subsequent conviction, punishable by a fine not exceeding
$500. Every day that the violation continues shall be deemed a separate
violation.
B.
Any public utility found guilty of violating this chapter and that
fails to remove its plant from a dangerous/damaged pole within 15
days of receiving notification from the Town, pursuant to this chapter,
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 chapter,
no such fines or penalties shall be assessed for violations of this
chapter that occur within six months as a result of natural disasters,
major weather events and similar circumstances affecting the Town.
C.
If a person, firm or corporation or public utility violates the provisions
of this chapter, the Town Attorney may commence an action in the name
of the Town of Montgomery 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 chapter. Such action may seek to remove dangerous/damaged
poles and/or double poles, or to remove plants from such poles, the
imposition of civil penalties as authorized by this chapter, 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 Town
highway, street, road, or right-of-way.
A.
This chapter shall apply to all utility poles located on any Town
highway, street, road or right-of-way, and to all utility poles installed
hereafter.
B.
The provisions of this chapter shall be deemed to supplement applicable
state and local laws, ordinances, codes and regulations; and nothing
in this chapter 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 chapter
and any applicable state or local law, ordinance, code or regulation,
the more restrictive or stringent provision or requirement shall prevail.
