[HISTORY: Adopted by the Town Board of the Town of Highlands 4-10-2017 by L.L. No. 1-2017. Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 167.
A.
The Town
Board hereby finds and determines that public utility companies place
poles on Town of Highlands highways, streets, roads and rights-of-way
to facilitate the delivery of electric, telephone, cable television,
and other telecommunications services to the residents of the Town
of Highlands.
B.
The Town
Board finds and determines that local governments have the authority
to regulate their highways, streets, roads and rights-of-way to protect
their public.
C.
The Town
Board finds and determines that utility poles are damaged from time
to time.
D.
The Town
Board finds and determines that public safety can be compromised when
utility lines and equipment remain affixed to utility poles that are
weathered or otherwise damaged.
E.
The Town
Board finds and determines that when a new pole is installed, a utility's
delay in removing lines and equipment from the old pole also delays
the removal of the pole itself, which cause a proliferation of aesthetically
unpleasant double poles along highways, streets, roads and rights-of-way,
as well as obstruction of the paths of pedestrians.
F.
The Town
Board finds and determines that the interest of the public is best
served by cooperation and communication between public utilities and
the Town Board.
G.
In enacting
this chapter, the Town Board deems this chapter to be an exercise
of the police power of the Town of Highlands for the preservation
and protection of public safety and is enacted pursuant to the authority
contained in the Highway Law, Town Law, and Municipal Home Rule Law
of the State of New York.
H.
Therefore,
the purpose of this chapter is to require utilities that use Town
highways, streets, 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, equipment, and terminals have been removed.
As used in this chapter, the following terms shall have the
meanings indicated:
Any utility pole that is structurally compromised due to
weather, a traffic incident, and/or age and poses a potential threat
to public safety.
Any utility pole which is attached or in close proximity
to a new 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 service, including
telecommunications service, to the residents of the Town of Highlands.
The Town of Highlands Highway Superintendent or his/her designee.
A column or post used to support service lines for public
utility.
A writing directed to a representative or public utility
who may be designated by the utility to receive such notice, sent
by regular mail, facsimile transmission or electronic mail.
No person, firm or corporation subject to the jurisdiction and
regulation of the New York State Public Service Commission (PSC) shall
place or erect any pole for any purpose on any Town highway, street,
road or right-of-way of said Town, or change the location of any existing
pole on any Town highway, street, road or right-of-way of said Town
without first having provided notification to the Town through the
PSC required and accepted electronic notification system being utilized
by said utilities.
A.
When the Highway Superintendent issues a permit for the installation of a utility pole which is directly next to or in close proximity to another utility pole on a Town highway, street, road, or right-of-way, the Highway Superintendent will provide a written notice to the public utility which has the top plant on the double pole that the plant must be removed within 30 days or be subject to penalty. Upon removal of each plant, the Highway Superintendent shall provide written notice to the public utility that owns the subsequent plant on the pole that the plant must be removed within 30 days or be subject to penalty. The last utility to remove its plant is responsible for removing the double pole within an additional 30 days. Failure to comply with the requirements of this provision may result in penalties provided for in § 192-6 of this chapter.
B.
When the Highway Superintendent determines that a utility pole on a Town highway, street, road or right-of-way is damaged and poses a potential threat to public safety, the Highway Superintendent shall provide a written notice to any public utility with a plant on the damaged pole that it must remove its plant from the pole within 15 days or be subject to penalty as provided for in § 192-6 of this chapter. The last utility to remove its plant is responsible for removing the damaged or double pole. Failure to comply with the requirements of this provision may result in penalties provided for in § 192-6 of this chapter. The affected utility may present documentary evidence to the Town in the form of a report from a licensed engineer certifying that the plant and/or pole is not a threat to public safety within 10 days from the date of the Superintendent's notification. In the event the Superintendent is satisfied that the plant and/or pole no longer poses a threat to safety, he/she shall have the discretion to withdraw the removal notice.
C.
When the Highway Superintendent determines that a double pole is on a Town highway, street, road or right-of-way, the Highway Superintendent will provide a written notice to the public utility which has the top plant on the double pole that the plant must be removed within 30 days or be subject to penalty. Upon removal of each plant, the Highway Superintendent shall provide written notice to the public utility that owns the subsequent plant on the pole that the plant must be removed within 30 days or be subject to penalty. The last utility to remove its plant is responsible for removing the double pole within an additional 30 days. Failure to comply with the requirements of this provision may result in penalties provided for in § 192-6 of this chapter.
A.
Notwithstanding
any provision of this chapter to the contrary, the Highway Superintendent
may extend the time frame of any written notice provided under this
chapter for an additional period not exceeding the original statutory
time frame set forth in this chapter. The public utility shall have
a request for an extension, in writing, to the Highway Superintendent
prior to the expiration of the time frame contained in the original
written notice, together with the basis for the request. The Highway
Superintendent shall determine whether the request for an extension
should be granted or denied, and provide a written response to the
public utility. In such instances where the request is granted, the
Highway Superintendent shall issue another written notice, which shall
be applicable instead of the previously issued notice.
A.
Any person,
firm, corporation or public utility convicted of a violation of the
provisions of this chapter shall be guilty of a violation; for a first
conviction, punishable by a fine not exceeding $1,000; for a second
or subsequent conviction, punishable by a fine not exceeding $2,000.
Every day that the violation continues shall be deemed a separate
violation.
B.
Any public
utility found guilty of violating this chapter and that fails to remove
its plant from a damaged pole within 15 days of receiving notification
from the Town, pursuant to this chapter, shall be punished by a fine
of up to $250 for each such violation. Each day that the violation
continues shall be deemed a separate violation. Notwithstanding anything
to the contrary contained in this chapter, no such fines or penalties
shall be assessed for violations of this chapter that have occurred
within six months as a result of natural disasters, major weather
events and similar circumstances affecting the Town.
C.
Any public
utility that fails to remove a double pole within 60 days of receiving
notification from the Town, pursuant to this chapter, shall be punished
by a fine of $3,000 per full calendar month that the violation continues.
D.
If a person,
firm or corporation or public utility violates the provisions of this
chapter, the Town Attorney may commence an action in the name of the
Town of Highlands 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. Such action may seek to remove damaged poles and/or
double poles, or to remove plants from such poles, the imposition
of civil penalties as theorized by this chapter, the recovery of costs
of the action and such other remedies as may be necessary to prevent
or enjoin a dangerous condition from existing on a Town highway, street,
road or right-of-way.
A.
This chapter
shall apply to all utility poles located on any Town highway, street,
road or right-of-way, and to all utility poles installed hereafter.
B.
The provisions
of this chapter shall be deemed to supplement applicable state and
local laws, ordinances, codes and regulations. Nothing in this chapter
shall be deemed to abolish, impair, supersede or replace existing
remedies of the Town, county or state or existing requirements of
any other applicable state or local laws, ordinances, codes or regulations.
In case of conflict between any provisions of this chapter and any
applicable state or local law, ordinance, code or regulation, the
more restrictive or stringent provision or requirement shall prevail.
