[Added 7-16-2013 by L.L. No. 14-2013]
A.
This Town Board hereby finds and determines that public utility companies
place poles on Town of Babylon roads and rights-of-way to facilitate
the delivery of electric, telephone, and cable television services
to the residents of the Town of Babylon.
B.
This Town Board also finds that utility poles are frequently damaged
by traffic accidents and adverse weather conditions.
C.
This Town Board determines that public safety can be compromised
when utility lines and equipment remain affixed to weathered/damaged/old
poles for unreasonably long periods of time.
D.
This Town Board further determines that a utility's delay in removing
lines and equipment also delays the removal of the pole itself, which
causes a proliferation of aesthetically unpleasant double woods/double
poles along roadways.
E.
This Town Board also finds and determines that local governments
have the authority to regulate their roads and rights-of-way to protect
the public.
F.
Therefore, the purpose of this article is to require utilities that
use Town roads and rights-of-way to promptly remove their plants,
cables, lines, equipment, and terminals from old and damaged poles
and to further require the prompt removal of double poles once all
plants, cables, lines, terminals, and other fixtures have been removed.
As used in this article, the following terms shall have the
meanings indicated:
The Town of Babylon Commissioner of the Department of Public
Works.
Any utility pole that is structurally compromised due to
weather, a traffic incident, and/or age and poses a potential threat
to public safety.
The Town of Babylon, Department of Public Works.
Any utility pole that is located directly next to or in close
proximity to, and is shorter in height than, another utility pole.
The cables, terminals, conductors and other fixtures necessary
for transmitting electric, telephone, cable television or other telecommunications
service.
Any corporation, authority, or other entity that provides
electric, telephone, cable television, or other telecommunications
service to the residents of the Town of Babylon.
A writing directed to a representative of a public utility,
who may be designated by the utility, by regular mail, facsimile transmission,
or electronic mail.
A.
No person, corporation or entity shall do or cause to be done any
act or thing which shall cause or contribute to a condition in, within,
or upon any highway, street, road, sidewalk, sidepath, passway or
other public way of the Town of Babylon or maintained by it which
shall be dangerous to the health, safety or welfare of persons using
the same or impair the public use thereof or obstruct or tend to obstruct
or render the same dangerous for passage. No person, firm or corporation
shall change or alter the grade of any Town highway, street, road
or of any sidewalk upon or in a Town highway, street, road of the
Town of Babylon, or in any manner alter or change the line or height
of any curb in any Town highway, street, road in said Town, or open
the surface of any Town highway, street, road of the Town of Babylon,
or make any excavation under the surface thereof for any purpose,
or place or erect any pole for any purpose in or upon any Town highway,
street, road of said Town, or alter or change the location of any
existing pole in any Town highway, street, road or right-of-way of
said Town without first having obtained a permit from the Commissioner
of the Department of Public Works.
B.
Application for a permit under this section shall be made upon a
form to be provided by the Commissioner of the Department of Public
Works and upon payment of a permit fee to be determined by the Commissioner.
A.
When the Commissioner issues a permit for the installation of a utility pole which is directly next to or in close proximity to another utility pole in a Town highway or right-of-way, the applicant shall have 90 days to remove the damaged or double pole following the installation of the new pole. Failure to do so may result in penalties as provided for in § 191-33A of this article.
B.
When the Department determines that a utility pole in a Town road or right-of-way is damaged and poses a potential threat to public safety, the Department shall notify any public utility with a plant on the damaged pole that it must remove its plant from the pole and remove the damaged pole or be subject to a penalty as provided for in § 191-33A of this article. A public utility must remove the damaged pole, its plant from the damaged pole and any other plants affixed to the damaged pole within 15 days of receiving such notification from the Department.
C.
When the Department or its duly authorized agent determines that a double pole is in a Town road or right-of-way, the Department or its duly authorized agent will notify the public utility which has its plant on the double pole that such plant must be removed within 30 days or be subject to penalty pursuant to § 191-33A of this article. Upon removal, each subsequent public utility with its plant on a double pole will have 30 days to remove such plant from the date it receives notification from the Department or its duly authorized agent.
D.
After all plants have been removed from the double pole, the public utility which owns the double pole shall remove said pole within 30 days after receiving notification from the Department or its duly authorized agent or be subject to penalty pursuant to § 191-33A of this article. This provision shall not nullify or limit any private agreement between and among public utilities that assign responsibility for pole removal.
No person, corporation or entity shall disturb, break, mar, injure, remove or deface, or cause to be disturbed, broken, marred, injured, removed or defaced, the surface or any part of any highway, street, road, sidewalk, sidepath, passway or other public way of the Town of Babylon or maintained by it, and the Commissioner shall not give a permit authorizing any act or acts as set forth in § 191-30 that shall be performed unless there shall have been furnished by the applicant sufficient indemnity or performance bond as determined by the Commissioner as a condition precedent to the issuance of the permit and the commencement of work. Said bond or indemnity shall be for a reasonable amount and may cover one or more than one of the acts specified in § 191-30 of this article, and said bond or indemnity may cover any period of time necessary to include the accomplishment of one or more of the aforesaid acts, all as shall be determined by the Commissioner. The approval of the Commissioner as to amount, form, manner of execution and sufficiency of surety or sureties shall be entered on said bond before it shall be filed in the Town Clerk's office, and said bond shall be so filed before said permit shall be effective.
[Amended 4-27-2022 by L.L. No. 10-2022]
A.
Any public utility that violates this article shall be subject to
a civil penalty not to exceed $250 for each such violation. Each day
that the violation continues shall be deemed a separate violation.
B.
If a public utility violates the provisions of this article and fails
to remove its plant from a damaged pole in accordance with the provisions
of this article, the Town Attorney, upon the request of the Department,
may commence an action in the name of the Town in a court of competent
jurisdiction for necessary relief, which may include the imposition
of civil penalties as authorized by this article, an order to remove
the plant from a damaged utility pole and/or to remove the damaged
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 in a Town road or right-of-way.
This article shall apply to all utility poles located on Town
roads or rights-of-way on or after the effective date of this article.
This article shall take effect immediately upon filing in the
office of the Secretary of State pursuant to Municipal Home Rule.
