[HISTORY: Adopted by the Town Board of the Town of Cornwall 1-8-2018 by L.L. No. 1-2018.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 122.
[1]
Editor's Note: This local law also repealed former Ch. 139,
Utility Poles, adopted 4-14-2016 by L.L. No. 2-2016.
A.
The Town Board hereby finds and determines that public utility companies,
as defined by Public Service Law § 2(23), place poles on
Town of Cornwall highways, streets, roads and rights-of-way to facilitate
the delivery of electric, cable television, and other telecommunications
services to the residents of the Town of Cornwall.
B.
The Town Board finds and determines that local governments have the
authority to regulate their highways, streets, roads and rights-of-way
to protect the public.
C.
The Town Board finds and determines that public utility companies
sometimes fail to timely transfer or remove their facilities from
a currently existing utility pole to a new or replacement utility
pole, also known as a "double wood" pole.
D.
The Town Board finds and determines that public safety and aesthetics
can be compromised when public utility facilities remain affixed to
utility poles that should be removed.
E.
The Town Board finds and determines that when a new pole is installed,
a public utility's delay in removing facilities from the old
utility pole also delays the removal of the old utility pole itself,
which causes a proliferation of aesthetically unpleasant double wood
poles along highways, streets, roads, and rights-of-way, as well as
obstructing the paths of pedestrians.
F.
The Town Board finds that in Case 08-M-0593, the New York State Public
Service Commission (PSC) ordered all public utility companies and
licensed attachers to utility poles to use the National Joint Utilities
Notification System (NJUNS) or its designated successor to monitor
all utility facilities attached to utility poles and to:
G.
Therefore, the purpose of this chapter is to require public utility
companies that use Town highways, streets, roads and rights-of-way
to promptly relocate their utility facilities from old or damaged
utility poles to newly installed utility poles and to remove double
wood utility poles in compliance with the orders, rules and regulations
of the New York State Public Service Commission (PSC).
As used in this chapter, the following terms shall have the
meanings indicated:
Any replaced utility pole which is in close proximity to
a new utility pole and from which public utility companies are required
to transfer their facilities to the new utility pole pursuant to the
orders, rules and regulation of the PSC.
The cables, terminals, conductors and other fixtures necessary
for transmitting electric, telecommunications services, cable television
or other services provided by the owner or joint owner of, or other
licensed attachers to, a utility pole.
A structure, column or post used to support utility facilities.
A writing directed to a representative of a public utility,
who may be designated by the public utility to receive such notice,
sent by regular mail, facsimile transmission or electronic mail.
A.
All public utility companies and licensed attachers shall comply
with the PSC's orders, rules and regulations for utility facilities
transfer and removal of utility poles, and compliance with such orders,
rules and regulations shall be deemed incorporated into and a condition
of all public utility companies' standard pole attachment agreement.
B.
Every public utility company maintaining utility facilities and/or
utility poles in the Town of Cornwall must:
(1)
Provide the Town with a copy of its standard pole attachment agreement
showing the time permitted to transfer utility facilities and provide
notice to the next public utility company required to transfer utility
facilities or remove the replace utility pole;
(2)
Transfer its utility facilities or remove the replaced utility pole
within 30 days after receipt of notice from the Town to do so as provided
herein and, within 24 hours of effecting a transfer of its utility
facilities, provide notice to the next public utilities company or
licensed attacher required to transfer its facilities or remove the
double wood utility pole.
A.
If the Town Highway Superintendent shall determine that a public
utility or licensed attacher has failed to comply with a notice from
NJUNS or its designated successor to transfer utility facilities from
an existing utility pole to a new utility pole or to remove a so-called
"double wood" utility pole, he or she shall provide notice to the
said public utility or licensed attacher demanding that the said failure
be remedied within seven days.
B.
It shall be a violation of this chapter for any public utility or
licensed attacher to fail to comply with a notice to remedy under
this section within the prescribed time limitation.
C.
Notwithstanding any provision of this chapter to the contrary, the
Town Board may, by adoption of a resolution, extend the time frame
of any action under this chapter.
A.
Any public utility or licensed attacher committing an offense against
any provision of this chapter shall be guilty of a violation. Every
day that the violation continues shall be deemed a separate violation.
B.
Any public utility or licensed attacher convicted of a violation
of the provisions of this chapter shall be subject to a fine of $1,000
for every violation.
If any public utility or licensed attacher violates the provisions
of this chapter, the Town of Cornwall may commence a civil action
in a court of competent jurisdiction seeking any remedy provided by
law or equity, including, without limitation, declaratory and injunctive
relief to enforce compliance and/or enjoin noncompliance with this
chapter. In such action the Town shall be entitled to recover of attorneys'
fees.
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.
