[Adopted 4-17-2023 by L.L. No. 6-2023]
For the purpose of this section, 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.
The Town of Monroe, Highway Department.
Any utility pole that is located directly next to or in close
proximity to 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 Monroe.
A column or post used to support service lines for a public
utility.
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.
The Town Board hereby finds and determines that public utility companies
place poles on Town of Monroe 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 Monroe.
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 Monroe 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.
A.
When the Highway Superintendent observes or otherwise becomes aware of 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 shall 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 § 43-39 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 § 43-39 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 § 43-39 of this chapter. The effected 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 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 § 43-39 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 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.
