[Adopted 6-21-2018 by L.L. No. 7-2018]
As used in this article, the following terms shall have the
meanings indicated:
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.
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.
A.
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.
B.
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.
A.
Each calendar day or any part thereof during which any violation
of this article continues shall constitute a separate violation hereto.
B.
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.
C.
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.
