[Adopted 6-21-2018 by L.L. No. 7-2018]
As used in this article, the following terms shall have the meanings indicated:
- DOUBLE POLE
- Any damaged utility pole or old utility pole from which the plant has been removed, in whole or in part, which is attached or in close proximity to a new utility pole.
- Includes any individual, firm, partnership or corporation.
- Any attachment to a utility pole, including but not limited to cables, terminals, conductors, and other fixtures necessary for transmitting electric, telephone, cable television or other telecommunication services.
- Any corporation, authority, or other entity that provides electric, telephone, cable television or other telecommunications services to the residents of the Town of East Hampton.
- WRITTEN NOTIFICATION
- A writing directed to a representative of a public utility, who may be designated by the utility, by regular mail, fax transmission or electronic mail.
No person, firm or corporation shall place or erect any utility pole for any purpose in or upon any Town highway or right-of-way of said Town, or alter or change the location of any existing utility pole in any Town highway or right-of-way of said Town without first having obtained the written consent of the Town Superintendent of Highways. 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. The fees to be paid for such permits shall be set, from time to time, by resolution of the Town Board.
When the Superintendent of Highways issues a permit for the installation of a utility pole which is directly next to or in close proximity to another utility pole in a Town highway or right-of-way, the applicant shall have 60 days to remove the damaged or double pole following the installation of the new pole. Failure to do so may result in penalties as provided for in this article.
When the Superintendent of Highways determines that a utility pole in a Town highway or right-of-way is damaged and/or a double pole, the Superintendent of Highways shall notify the utility that owns or operates the pole that it shall remove said pole within 30 days of such written notification.
When the Superintendent of Highways determines that a utility pole in a Town highway or right-of-way, which has a plant attached to it, is damaged and/or a double pole, the Superintendent of Highways shall notify any utility with a plant on the damaged or double pole that it shall remove its plant from the pole, as well as the pole, within 30 days of written notification.
Each calendar day or any part thereof during which any violation of this article continues shall constitute a separate violation hereto.
A violation of the foregoing shall be punishable by a fine not exceeding $1,000 or by imprisonment not exceeding 30 days, or by both.
With respect to utility poles, plants, and attachments, in the case of a violation of this article a penalty of $250 shall be assessed for each day or any part thereof that the pole, plant, or attachment is left standing beyond the period for removal. If a utility fails to comply with these provisions, the Town may commence an action in a court of competent jurisdiction for necessary relief, which may include the imposition of civil penalties by a fine not exceeding $1,000, an order to remove the pole, plants and/or attachments, the recovery of costs of the action and such other remedies as may be necessary to prevent or enjoin such condition from existing in a Town highway or right-of-way.