[Adopted 12-4-2024 by L.L. No. 22-2024]
A. 
The Village of Ossining Board of Trustees finds and determines that public utility companies place utility poles on Village highways, streets, roads and rights-of-way to facilitate the delivery of electric, telephone, cable television and other telecommunications services to the residents and businesses of the Village of Ossining. Local governments have the authority to regulate their highways, streets, roads and rights-of-way to protect the public and promote the overall public interest.
B. 
The Village Board finds and determines that utility poles are damaged from time to time, and that public safety can be compromised when utility lines and equipment remain affixed to utility poles that are weathered or otherwise damaged. The Village Board finds and determines that when a new pole is installed, a utility's delay in removing the lines and equipment from the old pole also delays the removal of the utility pole which causes a proliferation of aesthetically unpleasant double poles along highways, streets, roads, and rights-of-way, and obstructs pedestrians.
C. 
The Village Board finds and determines that the interest of the public is best served by cooperation and communication between public utilities and the Village. The Village Board considers this article to be an exercise of the Village's police power for the preservation and protection of public safety and promotion of the public welfare, and is enacted pursuant to the Highway Law, Village Law and the Municipal Home Rule Law. The purpose of this article is to require utilities that use Village highways, streets, roads and rights-of-way to promptly remove their plants, cables, lines, equipment and terminals from old or damaged poles, to further require the prompt removal of old or damaged poles and double poles after all plants, cables, lines, equipment and terminals have been removed and to repair sidewalks, streets and rights-of-way where utilities have removed poles and/or plants.
As used in this article, the following terms shall have the meanings indicated:
DANGEROUS/DAMAGED POLE
Any utility pole that is structurally compromised due to weather, a traffic incident, age, or any other reason and poses a threat to public safety.
DOUBLE POLE
Any damaged and/or old utility pole which is attached or in close proximity to a new utility pole.
PLANT
The cables, terminals, conductors and other fixtures necessary for transmitting electric, telephone, cable television or other telecommunications or utility services.
PUBLIC UTILITY
Any corporation, authority or other entity that provides electric, telephone, cable television or other services, including telecommunications services, to the residents of the Village of Ossining.
REMOVE or REMOVAL
Extrication of an entire utility pole, including any of its moorings and appurtenances such as guy wires and anchors, whether located on the Village's right-of-way or on private property, 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.
RIGHT-OF-WAY
A public right-of-way, public utility easement, highway, street, bridge, tunnel, alley or sidewalk for which the Village is the authority that has jurisdiction and control and may lawfully grant access pursuant to applicable law, and includes the surface, the air space over the surface and the area below the surface. A Village right-of-way shall not include private property.
UTILITY POLE
A pole, column or post used to support service lines or a plant for a public utility.
WRITTEN NOTIFICATION/WRITTEN NOTICE
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. Written notification also may include notice through the National Joint Utilities Notification System (NJUNS).
In 2012, the Public Service Commission (PSC) issued an order requiring public utility companies and licensed attachers to utility poles to use NJUNS to monitor all facilities attached to utility poles and to notify licensed attachers and utility pole owners when their utility facilities must be transferred from a utility pole and when the responsible utility pole owner(s) must remove the replaced utility pole. The PSC may designate a successor to NJUNS in the future. The Village may obtain access to NJUNS or obtain access to its successor so that the Village may monitor the compliance of each public utility company and licensed attacher with the PSC's orders, rules, regulations and guidance. All public utility companies and licensed attachers with utility poles or utility facilities in the Village must utilize NJUNS or its successor and comply with the PSC's orders, rules, regulations and guidance regarding notification, facilities transfer or removal, and utility pole removal as well as the requirements of this article to the extent they do not conflict with the PSC's orders, rules, regulations and guidance.
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 Village, or change the location of any existing pole on any highway, street, road or right-of-way within the Village, without having first provided written notification to the Village Engineer.
A. 
When the Village Engineer 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 Village highway, street, road or right-of-way, the Village Engineer will provide written notice to the utility which has the top plant on the double pole that the plant must be removed or be subject to a penalty. Upon the removal of each plant, the Village Engineer shall provide written notice to the public utility that owns the next 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 shall, upon conviction, result in penalties as provided in § 229-84 of this article.
B. 
When the Village Engineer determines that a utility pole on a Village highway, street, road or right-of-way is damaged and poses a potential threat to public safety, the Village Engineer 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 in § 229-84 of this article. The last utility to remove its plant is responsible for removing the damaged pole. Failure to comply with the requirements of this provision shall, upon conviction, result in penalties as provided in § 229-84 of this article. The affected utility may present documentary evidence to the Village Engineer in the form of a report from a New York State licensed professional engineer certifying that the plant and/or pole is not a threat to the public safety. Such report shall be provided within 10 days of the date of the written notification from the Village Engineer. If the Village Engineer is satisfied that the plant and/or pole no longer poses a threat to public safety, the Village Engineer may withdraw the notice of removal.
C. 
When the Village Engineer determines that a double pole is on a Village highway, street, road or right-of-way, the Village Engineer 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 a penalty. Upon the removal of each plant, the Village Engineer shall provide written notice to the public utility that owns the next plant on the pole that the plant must be removed within 30 days or be subject to a 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 shall, upon conviction, result in penalties as provided in § 229-84 of this article.
D. 
The provisions of this article shall be enforced by the Department of Public Works, including the issuance of appearance tickets (see § 5-2).
E. 
Should the Village Engineer determine that the street, sidewalk and/or right-of-way where the pole is to be removed requires repair as a result of the pole removal, the Village Engineer shall so notify the responsible utility in writing. The responsible utility shall undertake the repairs within the aforementioned times frames to remove the pole. The responsible utility shall obtain all required permits and comply with the provisions of this chapter. Failure to comply with the requirements of this provision shall, upon conviction, result in penalties as provided in § 229-84 of this article.
F. 
This section shall neither nullify nor limit any private agreement between and among public utilities assigning responsibility for utility pole removal.
A. 
Notwithstanding any provision of this article to the contrary, the Village Engineer may extend the time frame of any written notice provided under this article for an additional period not exceeding the initial time frames set forth herein. The public utility requesting an extension shall make the request in writing to the Village Engineer prior to the expiration of the time contained in the Village Engineer's notice. The public utility's request shall include the reason for the extension request. The Village Engineer shall issue a written decision whether the public utility's request is granted, granted with conditions, or denied. If the public utility's request is granted or granted with conditions, the Village Engineer shall issue a new notice of removal with the new date for compliance and any conditions.
B. 
In the event of an emergency affecting the repair, replacement, removal or installation of utility poles or plants and the repair of any sidewalks, streets and/or rights-of-way as a result of pole removal, the Village Manager, upon recommendation of the Village Engineer, may suspend the time limits in § 229-82.
A. 
Any public utility that fails to remove its plant within the time limits in § 229-82 shall be guilty of a violation and shall be punished by a fine of not less than $500 and not exceeding $1,000 for a first violation and for second and subsequent violations occurring within 18 months of the first violation, a fine not less than $1,000 and not exceeding $2,000. Each day that the violation continues shall be a separate violation.
B. 
Any public utility that fails to remove a damaged pole or double pole after receiving written notification from the Village Engineer pursuant to § 229-82 shall be guilty of a violation and shall be punished by a fine not less than $1,000 and not exceeding $2,000 for a first violation and for second and subsequent violations occurring within 18 months of the first violation, a fine not less than $2,000 and not exceeding $4,000. Each day that the violation continues shall be a separate violation.
C. 
Any public utility responsible for the repair of a sidewalk, street and/or right-of-way resulting from removal of utility poles pursuant to § 229-82 which public utility fails to make the repairs determined necessary by the Village Engineer shall be guilty of a violation and shall be punished by a fine not less than $1,000 and not exceeding $2,000 for a first violation and for second and subsequent violations occurring within 18 months of the first violation, a fine not less than $2,000 and not exceeding $4,000. Each day that the violation continues shall be a separate violation.
D. 
The fines described in this section shall not be assessed for violations occurring within six months of natural disasters, major weather events and/or declarations of states of emergency affecting the Village.
E. 
If a public utility violates the provisions of this article, the Corporation Counsel, upon authorization of the Board of Trustees, may commence an action in the name of the Village of Ossining in a court of competent jurisdiction for necessary relief which may include an order to remove the plant from a damaged or double utility pole and/or to remove a damaged or double utility 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 on Village highways, streets, roads and rights-of-way.
A. 
This article shall apply to all utility poles located on any Village highway, street, road or right-of-way, and to all utility poles installed hereafter.
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, County of Westchester or State of New York or existing requirements of any other applicable state or local laws, ordinances, codes or regulations. In the case of a conflict between any provision of this article and any applicable state or local law, ordinance, code or regulation, the more restrictive or stringent provision or requirement shall prevail.
If any clause, sentence, paragraph, section, word or part of this article is adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect, impair or invalidate the remainder of this article but shall be confined in its operation to the clause, sentence, paragraph, section, word or part of this article directly involved in the controversy in which judgment is rendered.