Village of Farmingdale, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Farmingdale 9-6-2016 by L.L. No. 5-2016. Amendments noted where applicable.]
GENERAL REFERENCES
Utilities  — See Ch. 199.
Poles and wires — See Ch. 411.
Streets and sidewalks — See Ch. 485.
Trees and plants — See Ch. 252.

§ 545-1 Permission required to erect poles or string wires in public places.

No person, persons, firm or corporation shall erect telegraph, telephone or electric light poles, or string wires, in, over or upon the streets or public grounds of the Village, or upon, over or in front of any building or buildings within the Village, without first procuring written permission from the Village Clerk-Treasurer.

§ 545-2 Revocation of permits.

All permits granted under this chapter are granted upon the express condition that the same may be revoked by the Board of Trustees.

§ 545-3 Penalties for offenses.

Any person, persons, firm or corporation violating any of the provisions of this chapter shall be punishable in accordance with § 545-17.

§ 545-4 When effective.

This chapter shall take effect immediately upon filing with the Secretary of State.

§ 545-5 through 545-9. (Reserved)

§ 545-10 Findings; intent; purpose.

A. 
This Village Board of Trustees hereby finds and determines:
(1) 
Utility poles, which are used to facilitate the delivery of electric, telephone, cable television and other utilities and services to the residents of the Village are routinely damaged by traffic accidents and adverse weather conditions, or otherwise become obsolete or unsuitable.
(2) 
Public safety is compromised when utility lines and equipment remain affixed to damaged or otherwise obsolete or unsuitable utility poles for unreasonably long periods of time. The delay in removing lines and equipment delays the removal of the utility pole itself, resulting in the existence of a second or double pole, which, in turn, results in the proliferation of aesthetically unpleasant conditions and unnecessarily and unreasonably obstructs the walkways and other rights-of-way within the Village.
(3) 
Pursuant to the Highway Law, Village Law, and Municipal Home Rule Law of the State of New York, it is the intent of the Village to regulate roads and the rights-of-way and utility poles within the Village for the preservation and protection of public safety.
B. 
It is the intent and purpose of the Village Board of Trustees to require the removal of wires, plants, cables, lines, equipment, and terminals from damaged or otherwise obsolete or unsuitable utility poles and to further require the timely removal of utility poles so as to eliminate the second or double pole; and it is the intent and purpose of the Village Board of Trustees, to protect the public, enhance public safety and preserve the aesthetic appearance of Village by regulating the existence of a second or double pole.

§ 545-11 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
POLE, DANGEROUS/DAMAGED
Any utility pole that is structurally compromised due to weather, traffic incident, and/or age or which otherwise poses a potential threat to public safety.
POLE, OBSOLETE OR UNSUITABLE
A utility pole which is no longer suitable for its originally intended purpose.
POLE, SECOND OR DOUBLE
Any utility pole located in close proximity to another utility pole. For purposes of this chapter, "close proximity" shall be defined as utility poles which are less than 25 feet apart.
PUBLIC UTILITY
Any corporation, authority, or other entity that provides electric, telephone, cable television, or other utility or service, including telecommunications service, within the Village or to the residents of the Village.
SUPERINTENDENT OF THE DEPARTMENT OF PUBLIC WORKS (DPW)
The Superintendent of the Department of Public Works for the Incorporated Village of Farmingdale, or his/her designee.
UTILITY EQUIPMENT
The cables, terminals, conductors and other fixtures necessary for transmitting electric, telephone, cable television, other telecommunications or other utility services.
UTILITY POLE
A column or post used to support service lines for a public utility or one used by a public utility in the transmission of utility services.
VILLAGE
The Incorporated Village of Farmingdale.

§ 545-12 Permit required.

A. 
No person, firm or corporation shall place or erect any utility pole for any purpose on any Village highway, street, road or right-of-way of said Village, or change the location of any existing utility pole on any Village highway, street, road or right-of-way of said Village, without first having obtained a permit from the Village Clerk-Treasurer.
B. 
An application for a permit under this section shall be made upon a form provided by the Village Clerk-Treasurer.
C. 
The applicant shall indicate, in conjunction with its application, whether there are any utility poles in close proximity to the proposed location of the utility pole and whether the permit is for a new utility pole or one which is intended to replace an existing utility pole.
D. 
An application for a permit shall be submitted with a permit fee, the amount of which shall be set, from time to time, by resolution of the Village Board of Trustees and proof of compliance with the notice requirements of § 545-14.

§ 545-13 Second or double poles prohibited.

Any dangerous, damaged, obsolete, or unsuitable utility pole, or any utility pole which is no longer used or necessary for the transmission of for transmitting electric, telephone, cable television, other telecommunications or other utility services, shall be removed in accordance with this chapter. Only one utility pole shall be permitted in a given location. A new utility pole shall be installed to replace a utility pole which has been damaged or otherwise been rendered obsolete or unsuitable. The installation of a second or double pole is strictly prohibited.

§ 545-14 Notification; time frame for removal.

A. 
Upon the determination that a second or double pole exists in the Village, the Village Clerk-Treasurer shall provide written notice of the second or double pole violation to the utility pole owner. Within 30 days of such notice, the second or double pole shall be removed. Within 15 days of the written notice referenced herein, the utility pole owner shall provide notice to each public utility that operates or maintains utility equipment on the utility pole of the utility pole owner's obligation to remove the utility pole within the required thirty-day period. If the utility pole is not removed within the time specified, or if the utility pole owner has not issued the notices required by this subsection, the utility pole owner shall be in violation of this chapter and shall be subject to the fines and penalties set forth in § 545-17. In the event that the notice as required herein has been provided to a public utility with utility equipment on the utility pole, (or notice has been provided directly by the Village Clerk-Treasurer), and the utility pole has not been removed or the public utility's equipment has not been removed from the utility pole, the public utility shall be in violation of this chapter and subject to the fines and penalties set forth in § 545-17.
B. 
Before the Village Clerk-Treasurer issues a permit for the installation of a new utility pole which is adjacent to or in close proximity to an existing utility pole, he shall require the applicant to provide written notice to the existing utility pole owner and each public utility that operates or maintains utility equipment on the existing utility pole that applicant has applied for a permit to install a new utility pole. The notice shall also advise that within 30 days of the granting of the permit to install the new utility pole, all utility equipment must be removed from the existing utility pole and that the existing utility pole must be removed within 45 days of the granting of the permit to install the new utility pole. No permit shall be granted for the installation of a new utility pole unless the applicant has provided proof of the notices required under this section. Each public utility which operates or maintains utility equipment on the existing utility pole shall have the obligation to remove their utility equipment from the existing utility pole within 30 days of the granting of the permit. The owner of the existing utility pole and each public utility which operates or maintains utility equipment on the existing utility pole shall have the obligation to remove the existing utility pole within 45 days of the granting of the permit.
C. 
If a utility pole is damaged or poses a threat to public safety, the Village Clerk-Treasurer shall provide notice of such danger and threat to the utility pole owner. The notice shall specify the number of days within which the existing utility pole shall be removed, which number of days shall be determined by the Village Clerk Treasurer, depending upon the threat posed by the dangerous condition. The utility pole owner shall have the obligation to notify each public utility which operates or maintains utility equipment on the existing utility pole of the danger or threat and of their obligation to remove their utility equipment from the utility pole so that the utility pole owner may remove the utility pole within the time required. If the utility pole is not removed within the time required, or if the utility pole owner has not issued the notices required by this subsection, the utility pole owner shall be in violation of this chapter and shall be subject to the fines and penalties set forth in § 545-17. In the event that the notice as required herein has been provided to a public utility with utility equipment on the utility pole (or notice has been provided directly by the Village Clerk-Treasurer), and the utility pole has not been removed or the public utility's equipment has not been removed from the utility pole, the public utility shall be in violation of this chapter and subject to the fines and penalties set forth in § 545-17.
D. 
The Village has the right but not the obligation to remove a second or double pole. In the event that the Village removes the second or double pole, the costs and expenses thereof shall be assessed to the owner of the utility pole or to any public utility that has or had any utility equipment installed on the utility pole.
E. 
If, upon notice of the application of the installation of a new utility pole, the existing utility pole owner or any public utility objects to the installation of the new utility pole, the Village Clerk-Treasurer shall not grant the permit and shall refer the application to the Village Board of Trustees for determination. The costs and fees of any consultants incurred by the Village in connection with the determination contemplated hereunder shall be paid by the applicant and no permit shall be issued unless, and until, such costs and fees have been reimbursed.

§ 545-15 Extensions authorized.

Notwithstanding any provision of this chapter to the contrary, the Village Board of Trustees may extend the time frames specified in this chapter, provided that the request, together with the basis for the request, shall be in writing and submitted prior to the expiration of the time frames specified in this chapter.

§ 545-16 Indemnity or performance bond.

No permit shall be issued pursuant to this chapter unless there shall have been furnished by the applicant sufficient indemnity or performance bond as determined by the Village Clerk-Treasurer 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 any activities necessary or required in connection with the grant of the permit. Said bond or indemnity may cover any period of time necessary to include the accomplishment of such activity, all as shall be determined by the Village Clerk-Treasurer. The approval of the Village Clerk-Treasurer 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 Village Clerk's office, and said bond shall be so filed before said permit shall be issued or be effective.

§ 545-17 Penalties for offenses.

A. 
Any person, firm, corporation or public utility convicted of a violation of any provision of this chapter 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 any provision of this chapter shall be subject to a civil penalty not to exceed $500 for a first violation; $1,000 for a second or subsequent 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 chapter, the Village Attorney may commence an action in the name of the Village 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 chapter.
D. 
The Village Board of Trustees may reduce or waive the penalties or fines provided that the party violating this chapter can demonstrate good cause.

§ 545-18 Applicability.

A. 
This chapter shall apply to all utility poles located within the Village of Farmingdale including those on Village highways, streets, roads or rights-of-way.
B. 
The provisions of this chapter shall be deemed to supplement applicable state and local laws, ordinances, codes and regulations; and nothing in this chapter shall be deemed to abolish, impair, supersede or replace existing remedies of the Village, 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 chapter and any applicable state or local law, ordinance, code or regulation, the more restrictive or stringent provision or requirement shall prevail.

§ 545-19 Severability.

If any clause, sentence, paragraph, section, word or part of this chapter is adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect, impair or invalidate the remainder of this chapter but shall be confined in its operation to the clause, sentence, paragraph, section, word or part of this chapter directly involved in the controversy in which judgment is rendered.

§ 545-20 When effective.

This chapter shall take effect immediately upon filing with the Secretary of State.