[Adopted 5-19-1999 by Ord. No. 69]
The purpose of this article is to establish
a procedure for the issuance of licenses and permits to utilities
to locate telegraph, television, telephone, electric light and electric
power poles and structures and underground conduits and cables in
any city highway. This article is authorized pursuant to RSA 231:161,
I, (b).
The Lebanon City Council (Council) hereby delegates
its powers conferred upon the Council by RSA 231:161 with regard to
all Lebanon highways, with the exception of Lebanon highways designated
as scenic roads, to the City Manager (Manager). All petitions for
poles in scenic roads shall go to the Council. The procedure to be
used, whether as to a petition to the Manager or a petition to the
City Council, shall be as set forth below.
Any person, copartnership or corporation desiring
to erect or install any poles, structures, conduits, cables or wires
in, under or across any city highway shall secure a permit or license
therefor as provided in RSA 231:161 and in accordance with the procedure
set forth therein, from the Manager/Council. Petitions for such permits
or licenses shall be addressed to the Manager or Council. At least
10 days prior to submission of the petition, the petitioner shall
place a legal notice in a general circulation newspaper that covers
the Lebanon area. The notice shall include a general description of
the proposed location covered by the petition and a point of contact
for the petitioner to receive public comments concerning the proposed
petition. Upon submitting the petition to the Manager, the petitioner
shall include a copy of the legal notice, as well as information on
any public comments received by the petitioner, including, if possible,
name, address and telephone number of each commentator and nature
of any comments received.
If the public good requires, the Manager/Council
shall grant a permit for erecting or installing and maintaining such
poles, structures, conduits, cables or wires. The permit shall designate
and define in a general way the location of the poles, structures,
conduits, cables or wires described in the petition. The permit shall
be effective for a term not exceeding one year from the date of the
permit and may, upon petition, be extended for a further term not
exceeding one year. A permit shall not be granted to replace an existing
utility pole on any city highway unless such replacement pole is erected
at least 20 feet from the surfaced edge or the edge of the public
easement therein; provided, however, that for good cause shown, the
Manager/Council may waive the twenty-foot requirement.
The petitioner may petition the Manager/Council
to grant a license for such poles, structures, conduits, cables or
wires. If the public good requires, the Manager/Council shall grant
a license for erecting and installing or maintaining the poles, structures,
conduits, cables or wires described in the petition.
The Manager/Council in such license shall designate
and define the maximum and minimum length of poles, the maximum and
minimum height of structures, the approximate location of such poles
and structures and the minimum distance of wires above and of conduits
and cables below the surface of the city highway, and in the Manager's/Council's
discretion, the approximate distance of such poles from the edge of
the traveled roadway or of the sidewalk, and may include reasonable
requirements concerning the placement of reflectives thereon. Such
designation and definition of location may be by reference to a map
or plan filed with, or attached to, the petition or license.
All licenses granted under the provisions of
RSA 231:161 shall be retroactive to the date the petition is filed.
The holder of such a license shall thereupon and thereafter be entitled
to exercise the same and to erect and install and maintain any such
poles, structures, conduits, cables and wires in approximately the
location designated by such license and to place upon such poles and
structures the necessary and proper guys, cross-arms, fixtures, transformers
and other attachments and appurtenances which are required in the
reasonable and proper operation of the business carried on by such
licensee, together with as many wires and cables of proper size and
description which such poles and structures are reasonably capable
of supporting during their continuance in service; and to place in
such underground conduits such number of ducts, wires and cables as
they are designed to accommodate, and to supply and install in connection
with such underground conduits and cables, the necessary and proper
manholes, drains, transformers and other accessories which may reasonably
be required.
The Manager/Council, within six months of any
petition authorized by RSA 231:160 - 182 which has been presented
for action, shall make a return of the Manager's/Council's proceeding
and the Manager's/Council's decision thereon, in conformity with RSA
231:164 and recorded in the office of the City Clerk. In the issuance
of any permit or license under this article, the Manager/Council shall
take into consideration all applicable provisions and standards contained
in RSA 231:160 - 182, including but not limited to RSA 231:168 (Interference
with Travel).
The Manager/Council is hereby authorized to
consider any claim for damages as provided in RSA 231:167 and to make
such assessment of damages as the Manager/Council deems legally and
justly due.
Any petitioner in obtaining a permit or license under this article shall comply with the requirements of Article II, Excavations, of this chapter.
As provided in RSA 231:172, no licensee shall have the right to cut, mutilate or injure any shade or ornamental tree, for the purpose of erecting or maintaining poles or structures or installing wires or other attachments or appurtenances thereto, without obtaining consent of the owner of the land on which such tree grows or the payment or tender in full of damages therefor as provided in RSA 231:172. In addition, the licensee shall comply with all requirements contained in RSA 231:157-158 with regard to designated scenic roads and Chapter 134, Scenic Roads.
In the event of any amendment to state law or
city ordinances affecting the subject matter of this article, the
ordinance shall be applied in accordance with state law and city ordinances
existing at the time of the receipt of the petition. In the event
of any conflict between the contents of the ordinance and RSA Chapter
231, the statute, RSA Chapter 231, shall control.
If any pole or structure or underground conduit or cable or any attachment or appurtenance thereto is willfully placed or maintained in any highway without valid license, it shall be removed upon demand by the Manager as provided in RSA 231:173. Any violation of Chapter 134, Scenic Roads, shall constitute a violation, and the utility shall be liable for all damages as provided in RSA 231:158:6.
If any party whose interests are affected by
the decision of the Manager or the City Council, the petitioner or
the party so dissatisfied may apply to the Superior Court for relief
within 60 days from the date of the filing of the return and record
described in § 123-24 above or within 60 days after the
decision. As provided in RSA 231:166, proceedings in the Superior
Court shall be had as in the case of appeals from the laying out of
highways by Selectmen.
