As used in this article, the following terms shall have the
meanings indicated herein:
DOUBLE POLE
Any damaged utility pole or utility pole from which the plant
has been removed, in whole or in part, which is attached or in close
proximity to a new utility pole.
PLANT
The cables, terminal, conductors and other fixtures necessary
for transmitting electric, telephone, cable television or other telecommunications
service.
STREET
A public street, public easement, public right-of-way, public
highway, public alley, public way, sidewalk or public road.
No telegraph, telephone or electric power or light poles or
wires shall be erected over, upon, or across any street in the Village
of Croton-on-Hudson, New York, except with the permission of the Village
Manager or his duly designated representative and upon such terms
and conditions as may be prescribed by him.
Notification; time frame for removal.
A. When the Village determines that a utility pole in a Village right-of-way
is damaged and poses a potential threat to the public safety, the
Village shall notify any public utility with a plant on the damaged
pole that it must remove its plant from the damaged pole within 15
days of receiving such notification from the Village.
B. When a public utility installs a new pole that creates a double utility
pole condition, the public utility shall, within 30 days of installation
of the new pole, provide written notice to all other public utilities
maintaining a plant on the existing pole that a new pole has been
installed and that their plant on the existing pole must be relocated
to the new pole within 90 days of the date of the notice. A copy of
such notice shall be simultaneously provided to the Village.
C. Existing poles must be removed within 120 days after installation
of the new pole. Removal shall be the joint and several obligation
of the public utility installing the new pole and any other public
utility maintaining a plant on the existing pole. When the Village
determines that a double pole is in a Village road right-of-way, the
Village will notify the public utility which owns the double pole
that the pole must be removed.
All permits for the installation of a utility pole(s) shall
include the following provision: "The permittee shall have 120 days
to remove a double pole following the installation of a new pole in
its immediate vicinity. Failure to do so may result in penalties as
provided in § 197-39."
The penalty for any violation of the provisions of this article shall be as provided in §
1-12 of Chapter
1, General Provisions. Each day that such violation continues shall constitute a separate offense.