[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.
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]
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.
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.