[HISTORY: Adopted by the Common Council of the City of Hornell: Art.
I, 12-22-1969 as L.L. No. 1-1970 (Subpart
T of the 1970 Municipal Code). Section 290-5 amended at time of adoption of
Code; see Ch. 1, General Provisions, Art. II. Other amendments noted where
applicable.]
[Adopted 12-22-1969 as L.L. No. 1-1970
(Subpart T of the 1970 Municipal Code)]
As used in this Article, the following terms shall have the meanings
indicated:
That area bounded by Main Street, Allen Street, Buffalo Street, Cass
Street, Canisteo Street, Broadway, Loder Street and Center Street.
Described in the Maple City Urban Renewal Plan, adopted by the City
Common Council on June 28, 1967.
Electric corporations, gas and electric corporations, telegraph corporations,
telephone corporations and telegraph and telephone corporations, as each is
defined in the Transportation Corporation Law of the State of New York.
The underground installation of all electrical, telephone and telegraph and television equipment in the Maple City urban renewal project area is hereby deemed required by public necessity in furtherance of said urban renewal project. Public necessity shall include but shall not be limited to the safety, security, welfare, convenience and aesthetic value of the public use in the Maple City urban renewal area by the prohibition and elimination of the aboveground installation of said equipment. The provisions of this Article shall apply to those corporations defined in § 290-1 hereinabove and to any other business or legal entity doing business in said Maple City urban renewal area.
A.
It shall be unlawful, as provided hereinafter, to install
or maintain any equipment aboveground in the Maple City urban renewal area
for the purpose of:
(1)
Transmitting, distributing and furnishing electricity.
(2)
The transmission of electric current impulses, sounds,
voices or communications.
(3)
Transmitting, receiving or distributing any electrical
current or signal in connection with cable television operations.
(4)
Installing or maintaining any pole or mast to support
or hold such equipment, except those poles used only for illumination purposes
and the illuminating equipment thereon.
B.
New installations. The provisions of this Article shall apply to all buildings hereinafter constructed in the Maple City urban renewal area, and the installation of all and any equipment described in Subsection A hereinabove is prohibited.
C.
Existing installations. All presently existing equipment, as hereinabove described in Subsection A, shall be relocated underground, such relocation being required by public necessity. All relocation installations shall be done pursuant to plans and specifications approved by the City Engineer, and such installation shall be performed under the City Engineer's supervision and certified approval. Existing installations of such equipment aboveground shall be relocated within 12 months of the effective date of this Article. Extensions of time thereafter may be granted by the City Engineer with the consent of the Common Council.
All utility corporations and any other entity doing business within
the Maple City urban renewal project area in the installation of new equipment
or relocation of existing installations, as required by public necessity,
shall make the necessary underground installation at their own cost, expense
and charge.
The installation or maintenance of any and all equipment, as such is contemplated by this article, in violation of the terms and intent of this Article, shall be unlawful and constitute an offense, punishable as provided in § 1-1 of the Code, for each day that the same exists.
