[HISTORY: Adopted by the Town Board of the Town of Fishkill 4-3-2024 by L.L. No. 2-2024. Amendments noted where applicable.]
A. 
The Town Board hereby finds and determines that public utility companies, as defined by Public Service Law § 2(23), place utility poles on Town of Fishkill highways, streets, roads and rights-of-way to facilitate the delivery of electric, cable television, and other telecommunications services to the residents of the Town of Fishkill.
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 the public.
C. 
The Town Board finds and determines that public utility companies sometimes fail to timely transfer or remove their utility wires and related facilities from a currently existing utility pole to a new or replacement utility pole, also known as a "double wood" pole.
D. 
The Town Board finds and determines that public safety and aesthetics can be compromised when public utility facilities remain affixed to utility poles that should be removed.
E. 
The Town Board finds and determines that when a new pole is installed, a public utility's delay in removing facilities from the old utility pole also delays the removal of the old utility pole itself, which causes a proliferation of aesthetically unpleasant double wood poles along highways, streets, roads, and rights-of-way, as well as obstructing the paths of pedestrians.
F. 
The Town Board finds that in Case 08-M-0593, the New York State Public Service Commission (PSC) ordered all public utility companies and licensed attachers to utility poles to use the National Joint Utilities Notification System (NJUNS) or its designated successor to monitor all utility facilities attached to utility poles and to:
(1) 
Notify licensed attachers and utility pole owners when their utility facilities must be transferred from an existing utility pole to a new utility pole; and
(2) 
Notify utility pole owners when their so-called "double wood" utility poles must be removed.
G. 
Therefore, the purpose of this chapter is to require public utility companies that use Town highways, streets, roads and rights-of-way to promptly relocate their utility facilities from old or damaged utility poles to newly installed utility poles and to remove double wood utility poles in compliance with the orders, rules and regulations of the New York State Public Service Commission (PSC).
As used in this chapter, the following terms shall have the meanings indicated:
DOUBLE WOOD POLE
Any replaced utility pole which is in close proximity to a new utility pole and from which public utility companies are required to transfer their facilities to the new utility pole pursuant to the orders, rules and regulation of the PSC.
UTILITY FACILITY or FACILITIES
The cables, terminals, conductors and other fixtures necessary for transmitting electric, telecommunications services, cable television or other services provided by the owner or joint owner of, or other licensed attachers to, a utility pole.
UTILITY POLE
A structure, column or post used to support utility facilities.
WRITTEN NOTIFICATION/WRITTEN NOTICE
A writing directed to a representative of a public utility, who may be designated by the public utility to receive such notice, sent by regular mail, facsimile transmission or electronic mail.
A. 
All public utility companies and licensed attachers shall comply with the PSC's orders, rules and regulations for utility facilities transfer and removal of utility poles, and compliance with such orders, rules and regulations shall be deemed incorporated into and a condition of all public utility companies' standard pole attachment agreement.
B. 
Every public utility company maintaining utility facilities and/or utility poles in the Town of Fishkill must:
(1) 
Provide the Town with a copy of its standard pole attachment agreement showing the time permitted to transfer utility facilities and provide notice to the next public utility company required to transfer utility facilities or remove the replace utility pole;
(2) 
Transfer its utility facilities or remove the replaced utility pole within 30 days after receipt of notice from the Town to do so as provided herein and, within 24 hours of effecting a transfer of its utility facilities, provide notice to the next public utilities company or licensed attacher required to transfer its facilities or remove the double wood utility pole.
A. 
If the Town Highway Superintendent shall determine that a public utility or licensed attacher has failed to comply with a notice from NJUNS or its designated successor to transfer utility facilities from an existing utility pole to a new utility pole or to remove a so-called "double wood" utility pole, he or she shall provide notice to the said public utility or licensed attacher demanding that the said failure be remedied within seven days.
B. 
It shall be a violation of this chapter for any public utility or licensed attacher to fail to comply with a notice to remedy under this section within the prescribed time limitation.
C. 
Notwithstanding any provision of this chapter to the contrary, the Town Board may, by adoption of a resolution, extend the time frame of any action under this chapter.
A. 
Any public utility or licensed attacher committing an offense against any provision of this chapter shall be guilty of a violation. Every day that the violation continues shall be deemed a separate violation.
B. 
Any public utility or licensed attacher convicted of a violation of the provisions of this chapter shall be subject to a fine of $1,000 for every violation.
If any public utility or licensed attacher violates the provisions of this chapter, the Town of Fishkill may commence a civil action in a court of competent jurisdiction seeking any remedy provided by law or equity, including, without limitation, declaratory and injunctive relief to enforce compliance and/or enjoin noncompliance with this chapter. In such action the Town shall be entitled to recover of attorneys' fees.
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.