[HISTORY: Adopted by the Town Board of the
Town of Woodbury 4-15-2021 by L.L.
No. 1-2021. Amendments noted where applicable.]
A.
The Town Board hereby finds and determines that public utility companies
place poles on highways, streets, roads and rights-of-way within the
Town of Woodbury to facilitate the delivery of electric, telephone,
cable television, and other telecommunications services to the residents
of the Town.
B.
The Town Board hereby 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 hereby finds and determines that utility poles are
damaged from time to time.
D.
The Town Board hereby 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 hereby 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, and sometimes obstructs
the paths of pedestrians.
F.
The Town Board hereby finds and determines that the interest of the
public is best served by cooperation and communication between public
utilities and the Town Board.
G.
In enacting this chapter, the Town Board deems this chapter to be
an exercise of the police power of the Town of Woodbury 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.
H.
The purpose of this chapter is to require utilities that use highways,
streets, roads and rights-of-way within the Town 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 utility pole which is attached or in close proximity
to a new utility pole.
The Town of Woodbury Town Board, or the department or individual
it designates, from time to time, for the enforcement of this chapter.
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 Woodbury.
Extrication of an entire utility pole including any of its
moorings and appurtenances or, where necessary, the cutting of a utility
pole flush to the ground, and the filling and grading of any hole
or opening left after such extrication or cutting in a manner that
leaves a level grade safe for vehicle and pedestrian travel.
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.
No person, firm or corporation subject to the jurisdiction and
regulation of the New York State Public Service Commission ("PSC")
shall place or erect any pole for any purpose on any highway, street,
road or right-of-way within the Town, or change the location of any
existing pole on any highway, street, road or right-of-way within
the Town, without first having provided notification to the Town.
A.
When the Enforcement Officer is properly notified of the pending installation of a utility pole which is directly next to or in close proximity to another utility pole on a highway, street, road, or right-of-way within the Town, the Enforcement Officer will provide written notice to the public utility which has the top plant on the double pole that the plant must be removed within 30 days or be subject to penalty. Upon the removal of each plant, the Enforcement Officer shall provide written notice to the public utility that owns the subsequent plant on the pole that the plant must be removed within 30 days or be subject to penalty. The last utility to remove its plant is responsible for removing the double pole within an additional 30 days. Failure to comply with the requirements of this provision may result in penalties as provided for in § 249-6 of this chapter.
B.
When the Enforcement Officer determines that a utility pole on a highway, street, road or right-of-way within the Town is damaged and poses a potential threat to public safety, the Enforcement Officer shall provide written notice to any public utility with a plant on the damaged pole that it must remove its plant from the pole within 15 days or be subject to a penalty as provided for in § 249-6 of this chapter. The last utility to remove its plant is responsible for removing the double pole. Failure to comply with the requirements of this provision may result in penalties as provided for in § 249-6 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 Enforcement Officer's notification. In the event that the Enforcement Officer 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.
C.
When the Enforcement Officer determines that a double pole is on a highway, street, road or right-of-way within the Town, the Enforcement Officer will provide written notice to the public utility which has the top plant on the double pole that the plant must be removed within 30 days or be subject to penalty. Upon the removal of each plant, the Enforcement Officer shall provide written notice to the public utility that owns the subsequent plant on the pole that the plant must be removed within 30 days or be subject to penalty. The last utility to remove its plant is responsible for removing the double pole within an additional 60 days. Failure to comply with the requirements of this provision may result in penalties as provided for in § 249-6 of this chapter.
A.
Notwithstanding any provision of this chapter to the contrary, the
Enforcement Officer 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 Enforcement
Officer prior to the expiration of the time frame contained in the
original written notice, together with the basis for the request.
The Enforcement Officer 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
Enforcement Officer shall issue another written notice, which shall
then be applicable instead of the previously issued notice.
A.
Any public utility that fails to remove its plant from a damaged
pole within 15 days of receiving notification from the Town 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.
B.
Any public utility that fails to remove a double pole within 90 days
of receiving notification from the Town shall be punished by a fine
of $1,000 per full calendar month that the violation continues.
C.
Any person, firm, corporation or public utility convicted of a violation of the provisions of this chapter, other than those set forth in Subsections A or B above, shall be guilty of a violation for a first conviction, punishable by a fine not exceeding $1,000; for a second or subsequent conviction, punishable by a fine not exceeding $2,000. Every day that the violation continues shall be deemed a separate violation.
D.
If a person, firm, corporation or public utility violates the provisions
of this chapter, the Town Attorney may commence an action in the name
of the Town of Woodbury 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 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 highway,
street, road, or right-of-way within the Town.
A.
This chapter shall apply to all utility poles located on any highway,
street, road or right-of-way within the Town, 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.
