[HISTORY: Adopted by the Board of Trustees
of the Village of Port Washington North as indicated in article histories.
Amendments noted where applicable.]
[Adopted 6-12-1989 by L.L. No. 3-1989]
For many years, the Village of Port Washington
North (hereinafter referred to as the "Village") has been concerned
by the hazard of electrical wires and other cables along Shore Road
in the Village because of the high-velocity offshore winds from Manhasset
Bay and the heavy traffic along Shore Road. A downed line across Shore
Road in the Village could seriously injure passing traffic and impede
emergency access to Village residents during a heavy storm, hurricane
or other natural disaster. In addition, as the Soundview Shopping
Center is undergoing a major improvement, Shore Road is being widened,
and it is in the best interest of the public welfare of the community
to upgrade the appearance of Shore Road by eliminating overhead utility
lines to enhance the property values of the Village. At the present
time, during said Shore Road widening, there is a unique opportunity
to now require that all utility lines along Shore Road in the Village
be placed underground to assure the public safety and enhance the
Village's appearance.
As used in this chapter, the following terms
shall have the meanings indicated:
The Public Service Commission of the State of New York.
Poles, towers, supports, wires, conductors, guys, stubs,
platforms, crossarms, braces, transformers, insulators, cutouts, switches,
communication circuits, appliances, attachments and appurtenances
located above ground within 30 feet of Shore Road in the Village and
used or useful in supplying electric, communication or similar or
associated services.
All poles, overhead wires and associated structures
within 30 feet of Shore Road in the Village, measured from the outer
width dimensions of Shore Road, shall be placed underground, unless
otherwise authorized by the Board of Trustees of the Village, upon
application, after a public hearing.
It shall be unlawful for any person or utility to erect, construct, maintain, continue, employ or operate poles, overhead wires and associated overhead structures (hereinafter referred to as "facilities") within 30 feet of Shore Road in the Village after July 1, 1989, from which, by said date, all overhead facilities are required to be removed, except as said overhead facilities may be required to furnish service to an owner or occupant of property prior to the performance by such owner or occupant of the underground work necessary for such owner or occupant to continue to receive utility service as provided in § 158-8 hereof, and for such reasonable time required to remove said facilities after said work has been performed, and except as otherwise provided in this chapter.
Notwithstanding the provisions of this chapter,
overhead facilities may be installed and maintained for a period not
to exceed 10 days without authority of the Building Inspector of the
Village in order to provide emergency service. The Building Inspector
of the Village may grant special permission, on such terms as he may
deem appropriate, in cases of emergency or unusual circumstances,
without discrimination as to any person or utility, to erect, construct,
install, maintain, use or operate poles, overhead wires and associated
overhead structures.
Unless otherwise provided herein, this chapter
shall not apply to the following types of facilities:
A.
Any municipal facilities or equipment installed under
the supervision and to the satisfaction of the Building Inspector
of the Village;
B.
Poles or lamps used exclusively for streetlighting;
C.
Overhead wires; exclusive of supporting structures,
crossing Shore Road in the Village, when such wires originate in an
area from which poles, overhead wires and associated overhead structures
are not prohibited;
D.
Overhead wires attached to the exterior surface of
a building by means of a bracket or other fixture and extending from
one location on the building to another location on the same building
or extending from the building to another building without crossing
any public street;
E.
Antennas, associated equipment and supporting structures
used by a utility for furnishing communications services;
F.
Equipment appurtenant to underground facilities, such
as surface-mounted transformers, pedestal-mounted terminal boxes and
meter cabinets, and concealed ducts; and
G.
Temporary poles, overhead wires and associated overhead
structures used or to be used in conjunction with construction projects.
If underground construction is necessary to
provide utility service within 30 feet of Shore Road in the Village,
the supplying utility shall furnish that portion of the conduits,
conductors and associated equipment required to be furnished by it
under its applicable rules, regulations and tariffs on file with the
Commission; provided that, if any provision of any franchise agreement
between the Village and the supplying utility is in conflict with
any provision of this section, the provision of the franchise agreement
shall prevail.
A.
Every person owning, operating, leasing, occupying or renting a building or structure within 30 feet of Shore Road in the Village shall cause to be constructed that portion of the service connection on his property between the facilities referred to in § 158-7 hereof and the termination facility on or within the building or structure being served, subject to applicable rules, regulations and tariffs of the respective utility or utilities on file with the Commission.
B.
In the event any person owning, operating, leasing, occupying or renting the property does not comply with the provision of Subsection A of this section by July 1, 1989, the Building Inspector of the Village shall post written notice on the property being served and, 30 days thereafter, shall have the authority to order the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to the property.
The Village shall remove at its own expense
all Village-owned equipment from all poles required to be removed
under the provisions of this chapter in ample time to enable the owner
or user of such poles to remove the same by July 1, 1989.
In the event that any act required by this chapter
cannot be performed by July 1, 1989, on account of shortage of materials,
war, restraint by public authorities, strikes, labor disturbances,
civil disobedience or any other circumstances beyond the control of
the actor, then upon application the Board of Trustees may extend
the time within which such act must be performed.
Any person, firm or corporation violating any
provision of this chapter shall be fined not less than $100 nor more
than $1,000 for each offense; and a separate offense shall be deemed
committed each week during or on which a violation occurs or continues.
The Village may obtain injunctive relief in an action or proceeding
in the Supreme Court to assure compliance with this chapter.
[Adopted 2-7-2018 by L.L.
No. 2-2018]
This Village Board hereby finds and determines that public utility
companies place poles on Village of Port Washington North streets,
roads and rights-of way to facilitate the delivery of electric, telephone,
cable television and telecommunications services to the residents
of the Village of Port Washington North. This Board also finds that
utility poles are frequently damaged by traffic accidents, adverse
weather conditions and from time to time simply need to be replaced.
This Village Board determines that public safety can be compromised
when utility lines and equipment remain affixed to weather-damaged
and old poles for unreasonably long periods of time. This Village
Board further determines that a utility's delay in removing lines
and equipment also delays the removal of the poles itself, which causes
a proliferation of aesthetically unpleasant "double wood" or "double
poles" along roadways. This Village Board also finds that local governments
have the authority to regulate their roads and rights-of-way to protect
the public. Therefore, the purpose of this article is to require utilities
that use Village roads, streets and rights-of way to promptly remove
the plants, cables, wires, equipment, terminals and old and damaged
poles and to further require the prompt removal of double poles.
As used in this article, the following 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 damaged and/or 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 communication
services.
Any corporation, authority or other entity that provides
electric, telephone, cable television, or other telecommunications
service to the residents of the Village of Port Washington North.
A column or post used to support service lines for a public
utility.
A.
No person, corporation or entity shall place or erect any pole for
any purpose on any Village of Port Washington North street, roadway
or right-of way or change the location of any existing pole on any
Village street, roadway or right-of-way without first having obtained
a permit from the Port Washington North Building Department.
B.
Application for a permit under this section shall be made upon a
form to be provided by the Village of Port Washington North and upon
a payment of a permit fee of $200.
A.
When the Village of Port Washington North 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 street, road or right-of-way,
the applicant shall have 30 days to remove the damaged or double pole
following the installation of the new utility pole. Failure to do
so may result in penalties as provided for in this article.
B.
When the Village of Port Washington North determines that a utility
pole in a Village road, street or right-of-way is damaged and poses
a threat to public safety, the Village shall notify the public utility
with a plant on the damaged pole that it must remove its plant from
the pole and remove the damaged pole or be subject to a penalty as
provided in this article. A public utility must remove its plant from
the damaged pole, any other plants affixed to the damaged pole, and
the damaged pole itself within 15 days of receiving such notification
from the Village of Port Washington North.
C.
When the Village of Port Washington North determines that a double
pole is in a Village road, street or right-of-way, the Village shall
notify the public utility which has its plant on the double pole that
such plant must be removed within 30 days or be subject to a penalty
pursuant to this article. Upon removal, each subsequent public utility
with plant on a double pole will have 30 days to remove such plant
from the date it receives notification from the Village of Port Washington
North.
D.
After all plants have been removed from the double pole, the public
utility which owns the double pole shall remove said pole within 30
days, or be subject to a penalty pursuant to this article. In the
event it cannot be determined who owns the double pole then in such
instance the last utility to remove its plant is responsible for removing
the double pole within 30 days. This provision shall not nullify or
limit any private agreement between and among public utilities that
assign responsibility for pole removal.
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; 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
offense.
B.
In addition to the penalties provided above, any person, firm, 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 of Port Washington North may authorize
its attorney to commence an action in the name of the Village of Port
Washington North 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 the damaged poles
and/or double poles, or to remove plants from such poles, the imposition
of civil penalties authorized by this article, the recovery of costs
of the action and other remedies as may be necessary to prevent or
enjoin a dangerous condition from existing on a Village street, roadway
or right-of-way.
A.
This article shall apply to all utility poles located on any Village
road, street, or right-of-way, and to all utility poles installed
hereinafter.
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 Village 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, the more restrictive or stringent provision
or requirement shall prevail.
If any clause, sentence, paragraph, subdivision, section or
part of this article or the application thereof to any person, individual,
corporation, firm, partnership or business shall be adjudged by any
article of competent jurisdiction to be invalid or unconstitutional,
then such order or judgment shall not affect, impair or invalidate
the remainder thereof but shall be confined in its operation to the
clause, sentence, paragraph, subdivision, section or part of this
article, or its specific application.
This article shall take effect immediately upon filing with
the Secretary of State.
