[Adopted 4-17-2023 by L.L. No. 6-2023]
For the purpose of this section, the following terms shall have the meanings indicated.
DANGEROUS/DAMAGED POLE
Any utility pole that is structurally compromised due to weather, a traffic incident, and/or age and poses a potential threat to public safety.
DEPARTMENT
The Town of Monroe, Highway Department.
DOUBLE POLE/DOUBLE WOOD
Any utility pole that is located directly next to or in close proximity to another utility pole.
PLANT
The cables, terminals, conductors and other fixtures necessary for transmitting electric, telephone, cable television or other telecommunications service.
PUBLIC UTILITY
Any corporation, authority, or other entity that provides electric, telephone, cable, television, or other telecommunications service to the residents of the Town of Monroe.
UTILITY POLE
A column or post used to support service lines for a public utility.
WRITTEN NOTIFICATION
A writing directed to a representative of a public utility, who may be designated by the utility, by regular mail, facsimile transmission, or electronic mail.
A. 
The Town Board hereby finds and determines that public utility companies place poles on Town of Monroe highways, streets, roads and rights-of-way to facilitate the delivery of electric, telephone, cable television, and other telecommunications services to the residents of the Town of Monroe.
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 their public.
C. 
The Town Board finds and determines that utility poles are damaged from time to time.
D. 
The Town Board 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 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 cause a proliferation of aesthetically unpleasant double poles along highways, streets, roads, and rights-of-way, as well as obstruction of the paths of pedestrians.
F. 
The Town Board 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 Monroe 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. 
Therefore, the purpose of this chapter is to require utilities that use Town highways, streets, roads and rights-of-way 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.
A. 
When the Highway Superintendent observes or otherwise becomes aware of the installation of a utility pole which is directly next to or in close proximity to another utility pole on a Town highway, street, road, or right-of-way, the Highway Superintendent shall provide a 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 removal of each plant, the Highway Superintendent 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 provided for in § 43-39 of this chapter.
B. 
When the Highway Superintendent determines that a utility pole on a Town highway, street, road or right-of-way is damaged and poses a potential threat to public safety, the Highway Superintendent shall provide a 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 penalty as provided for in § 43-39 of this chapter. The last utility to remove its plant is responsible for removing the damaged or double pole. Failure to comply with the requirements of this provision may result in penalties provided for in § 43-39 of this chapter. The effected 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 Superintendent's notification. In the event the Superintendent is satisfied that the plant and/or pole no longer poses a threat to safety, he shall have the discretion to withdraw the removal notice.
C. 
When the Highway Superintendent determines that a double pole is on a Town highway, street, road or right-of-way, the Highway Superintendent will provide a 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 removal of each plant, the Highway Superintendent 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 provided for in § 43-39 of this chapter.
A. 
Notwithstanding any provision of this chapter to the contrary, the Highway Superintendent 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 have a request for an extension, in writing, to the Highway Superintendent prior to the expiration of the time frame contained in the original written notice, together with the basis for the request. The Highway Superintendent shall determine whether the request for an extension should be granted or denied, and provide a written response to the public utility. In such instances where the request is granted, the Highway Superintendent shall issue another written notice, which shall be applicable instead of the previously issued notice.
B. 
In the event of an emergency that affects the repair, replacement, removal, or installation of utility poles or plants, the Town Supervisor may temporarily suspend the deadlines of § 43-36 of this chapter for periods exceeding 30 days.
A. 
Any public utility that violates this article shall be subject to a civil penalty not to exceed $250 for each such violation. Each day that the violation continues shall be deemed a separate violation.
B. 
If a public utility violates the provisions of this article and fails to remove its plant from a damaged pole in accordance with the provisions of this article, the Town Attorney, upon the request of the Department, may commence an action in the name of the Town in a court of competent jurisdiction for necessary relief, which may include the imposition of civil penalties as authorized by this article, an order to remove the plant from a damaged utility pole and/or to remove the damaged pole, the recovery of costs of the action and such other remedies as may be necessary to prevent or enjoin a dangerous condition from existing in a Town road or right-of-way.