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Town of Pleasant Valley, NY
Dutchess County
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[Amended 11-8-2009 by L.L. No. 7-2009]
As used in this article, the following terms shall have the meanings indicated:
SIDEWALK
Any established sidewalk or path for pedestrians alongside a public highway, whether the sidewalk is paved or not.
Each and every owner or occupant of a home, building or lot of land in the Town and along which there is a sidewalk shall keep the sidewalk free from snow and ice and shall remove or cause to be removed any and all snow from such sidewalk within 12 hours after any fall of snow occurring between 6:00 a.m. and 6:00 p.m. or, if occurring between 6:00 p.m. and 6:00 a.m., shall remove or cause the removal of the snow within 24 hours after the expiration of such period.
A. 
Upon the failure of the person, corporation, partnership, club, association or government unit (each an "entity") responsible therefor as required by § 79-46 and in the event that the snowfall shall exceed the depth of three inches, the Zoning Administrator may, if he or she has available the necessary help and equipment, remove the snow from the sidewalks which have not been cleared. The Zoning Administrator shall report the cost of removal to the Town Clerk and Town Board.
B. 
The Town Clerk shall promptly present to the owner or occupant or each parcel a bill for the removal of snow and ice as certified by the Zoning Administrator. If not paid within 30 days, the cost thereof shall be assessed against the property and added to its tax bill and shall become a lien against the property, collectible in the same manner as delinquent Town taxes.
In addition to the liability for the cost of removal of the snow and ice from sidewalks as provided in § 79-47, any person, corporation, or other entity which violates any provision of this article shall be deemed a civil violator and, upon conviction thereof, shall be fined $100 for each violation, which penalty shall be cumulative and not exclusive. Each day that a violation continues shall constitute a separate offense.
It shall be the duty of the owner or occupant of premises in front of which or adjacent to which there is a fire hydrant to remove snow between the sidewalk and the curb for a distance of two feet around the hydrant and to keep the fire hydrant free from snow throughout the winter.
The decision by the Zoning Administrator to remove or not to remove snow and/or ice or the removal of snow and/or ice by Town employees shall not impose any liability upon the Town. Also, nothing in this section shall require the Zoning Administrator to remove snow and/or ice from sidewalks that are not adjacent to property owned by the Town. Any such act by the Zoning Administrator, as provided for in § 79-47, shall be within the sole judgment of said Zoning Administrator, which judgment shall be final.
[Added 11-9-2016 by L.L. No. 2-2016; amended 12-27-2017 by L.L. No. 2-2018]
A. 
This Town Board hereby finds and determines that public utility companies, as defined by New York State Public Service Law § 2(23), place poles on Town of Pleasant Valley highways, streets, roads and rights-of-way to facilitate the delivery of electric, telephone, cable television, other telecommunications services and other services to the residents of the Town of Pleasant Valley.
B. 
This Town Board finds and determines that local governments have the authority to regulate their highways, streets, roads and rights-of-way to protect the health, safety and welfare of the public.
C. 
The Town Board hereby finds and determines that public utility companies sometimes fail to timely remove their attached utility facilities from currently existing utility poles and transfer them to new or replacement utility poles and also fail to timely remove inactive, damaged, or replaced utility poles, also known as "double wood poles" or "double poles."
D. 
The Town Board finds and determines that public safety can be compromised when public utility companies fail to promptly remove their attached utility facilities from replaced utility poles and fail to remove these older poles, which may be damaged or structurally unsound.
E. 
This Town Board finds and determines that when a new pole is installed, a utility's delay in removing facilities 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, as well as obstructing the paths of pedestrians. Moreover, unnecessary double poles located within close proximity to other utility poles and adjacent to highways, streets, roads and rights-of-way may pose an immediate and serious hazard to motorists and pedestrians because they impede visibility, particularly at or near intersections. In addition, these unnecessary double poles constitute a visual eyesore that compromises public aesthetics.
F. 
This 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 article the Town Board deems this article to be an exercise of the police power of the Town of Pleasant Valley for the preservation and protection of public safety and public aesthetics 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 article is to require public utility companies that own and/or use utility poles located on or adjacent to Town highways, streets, roads and rights-of-way to promptly remove their facilities from old, inactive, damaged and replaced utility poles and to further require the prompt removal of double poles once all attached utility facilities have been removed.
I. 
The New York State Public Service Commission (PSC) has primary jurisdiction over the terms and conditions of utility pole attachments in New York pursuant to New York Public Service Law § 119-a. At the time of enactment, this article does not conflict with the orders, rules, regulations, and guidance of the PSC regarding the transfer and removal of utility facilities and removal of inactive, damaged, or replaced utility poles. If the PSC amends its orders, rules, regulations, or guidance in the future, public utility companies that own and/or use utility poles located adjacent to Town highways, streets, roads, and rights-of-way will continue to be required to comply with the mandates of this article to the extent that this article does not conflict with the orders, rules, regulations, and guidance of the PSC.
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, and/or age and poses a potential threat to public safety.
DOUBLE POLE or DOUBLE WOOD POLE
Any inactive, damaged, and/or replaced utility pole which is located within close proximity to a new utility pole, including poles from which public utility companies are required or strongly encouraged to transfer their attached facilities to the new utility poles and that the utility pole owner is required or strongly encouraged to remove pursuant to the PSCs orders, rules, regulations, and guidance.
FACILITY or FACILITIES
The cables, terminals, conductors and other fixtures necessary for transmitting electric, telephone, cable television or other telecommunications service or other services provided by the owner or joint owner of or other licensed attachers to a utility pole.
PUBLIC UTILITY COMPANY
Any corporation, authority, or other entity as defined by New York State Public Service Commission Law § 2(23) that provides electric, telephone, cable television, or other service, including telecommunications service, to the residents of the Town of Pleasant Valley.
REMOVE, REMOVAL
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.
SUPERINTENDENT OF HIGHWAYS
The Town of Pleasant Valley Superintendent of Highways or his/her designee.
UNLICENSED ATTACHER
Any entity that has attached any facility or facilities to a utility pole without the authority to do so in a written agreement or contract with a pole owner.
UNNECESSARY UTILITY POLE
A. 
Any utility pole which is within 12 feet of another utility pole unless:
(1) 
It is necessary to safely carry some or all of the utility service lines which it, and all other utility poles within 12 feet of it, are intended to carry; and
(2) 
There is no feasible alternative configuration of utility poles which can safely carry all of the utility service lines in that area using only utility poles 12 or more feet from one another.
B. 
Absent satisfactory evidence of the necessity of retaining the older utility pole in question and of the feasibility of alternative configurations of utility poles offered by the attacher, owner or joint owner of the retained older utility pole, any utility pole which is located within 12 feet of any other utility pole shall be presumed to be an unnecessary utility pole.
UTILITY POLE
A structure, column or post affixed to the ground and used to support service lines for public utility company facilities.
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.
In 2012, the PSC issued an order requiring public utility companies and licensed attachers to utility poles to use the National Joint Utilities Notification System (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 Town of Pleasant Valley shall maintain its current access to NJUNS or obtain access to its successor so that it 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 Town of Pleasant Valley 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.
A. 
The PSC's requirements regarding notification, facilities transfer or removal, and utility pole removal are hereby adopted by the Town of Pleasant Valley. In addition, to the extent that the PSC does not currently mandate a timeline for the transfer and removal of utility facilities from double wood poles and the removal of such double wood poles, the provisions of this article will govern.
B. 
Each public utility company and licensed attacher shall transfer or remove its facilities and/or remove its inactive or replaced utility pole within 30 days after receipt of notice through NJUNS or a successor notification system adopted by the PSC. Within one business day after a public utility company or licensed attacher transfers or removes its facilities from a utility pole, it shall update NJUNS or a successor notification system to document the completion of its transfer or removal in order to provide notice to the next public utility company or licensed attacher required to transfer its facilities and/or remove its inactive or replaced utility pole. The next public utility company shall transfer or remove its facilities and/or remove its inactive or replaced utility pole within 30 days after receipt of such notice. The last utility company owner of the pole is responsible to remove the second or double pole.
C. 
If the utility pole owner(s), the PSC, or the Town of Pleasant Valley determines that an old or damaged utility pole poses a potential threat to public safety, the utility pole owner(s) shall use reasonable efforts to remedy the condition within 24 hours of receiving notice of this determination.
D. 
Upon receipt of notice through NJUNS or a successor system of the existence of double poles adjacent to Town highways, streets, roads, and rights-of-way that pre-dated the enactment of this article the public utility companies and licensed attachers shall comply with the timeframes set forth in Subsection B of this section regarding the transfer or removal of facilities from such pre-existing double pole and the removal of the pre-existing double pole itself. If the double pole poses a danger to public safety, then the timeframe set forth in Subsection C of this section shall govern.
E. 
Each public utility company and licensed attacher must comply with the provisions of § 79-4 of this chapter or be subject to penalties as provided for in § 79-7 of this chapter.
A. 
When the Highway Superintendent observes through NJUNS that a licensed attacher or utility pole owner is not in compliance with the provisions of Local Law § 153-4, the Town Clerk shall provide written notice to the noncomplying licensed attacher(s) or utility pole owner(s) that the noncompliant condition must be rectified within seven business days. Failure to comply with the requirements of this provision may result in penalties as provided for in this article.
B. 
When the Highway Superintendent observes or receives a report from a public official or citizen that a utility pole adjacent to a Town highway, street, road or right-of-way is old or damaged and poses a potential threat to public safety, the Town Clerk shall provide written notice to the utility pole owner(s). The utility pole owner(s) will perform a field review and pole inspection within 10 business days from the date of the Town Clerk's notification. Based upon the findings, the utility pole owner(s) will take the appropriate action(s) and within established time frames as more particularly described in the public utility pole inspection procedures which are in file with the PSC. Failure to comply with the requirements of this provision may result in penalties as provided for in this article.
C. 
When the Highway Superintendent determines that a double pole is located adjacent to a Town highway, street, road or right-of-way, including double poles that pre-existed the enactment of this article, the Town Clerk shall provide notice through NJUNS or a successor system adopted by the PSC. Failure to comply with the requirements of § 79-5 upon receipt of such notice may result in penalties as provided for in § 79-7 of this chapter.
A. 
Notwithstanding any provision of this article to the contrary, the Highway Superintendent may extend the time frame of any written notice or notice through NJUNS it has provided under this article for an additional period not exceeding the original statutory time frame set forth in this article. The Public Utility owner or licensed attacher shall make a request for an extension in writing to the Town Clerk prior to the expiration of the time frame contained in the original written notice or notice through NJUNS, together with the basis for the request. The Highway Superintendent 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 Town Clerk shall issue another written notice, which shall then 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 for a period not exceeding 30 days.
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 violation.
B. 
In addition to the penalties provided above, any person, firm or 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 Attorney to the Town may commence an action in the name of the Town of Pleasant Valley 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 damaged poles and/or double poles, or to remove plants from such poles, the imposition of civil penalties as authorized by this article, 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 Town highway, street, road, or right-of-way.
A. 
This article shall apply to all utility poles located on or adjacent to any Town 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 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 article and any applicable state or local law, ordinance, code or regulation, the more restrictive or stringent provision or requirement shall prevail.