Definitions. For the purpose of this chapter, the following definition
shall apply:
ASSESSOR
The Village's Assessor who is in charge of determining
the fair market value of all utility and other similar easements,
rights-of-way or other property interests in the Village that are
subject to taxation pursuant to the Real Property Tax Law of New York
State.
CODE ENFORCEMENT OFFICER
The Village's Office of Building, Zoning and Planning Administration and Enforcement pursuant to Chapter
36 of the Village Code and any Code Enforcement Officer, Building Inspector or any Assistant Code Enforcement Officer or Assistant Building Inspector having jurisdiction over the enforcement of any Zoning Codes, Building Codes or other Codes in the Village.
EASEMENT
A corporeal interest in real property.
INSTALLER
Any individual, entity, company, corporation or others who
are hired, volunteer or otherwise are involved with the installation
and maintenance of any nonutility devices as defined herein. Said
installer shall be appropriately licensed, as required, by the State
of New York and Orange County so that all appropriate insurance and
other protections for the public are in place and duly filed with
the Village Clerk before any installation, maintenance, and/or other
work can be done herein. All such documents with regard to the installer
shall be attached to any application for a prior permit herein.
NONUTILITY DEVICES
Anything, object, or other physical apparatus to affix to
or between a pole or poles, structure or other places, by any nails,
clips, fasteners, wire, string or other such fastening method for
more than 31 consecutive days. A nonutility device does not include
a utility device or any thing, object, or other physical apparatus
attached to a utility pole by the Village Police Department or Village
Department of Public Works to promote public safety
PERMIT HOLDER
Shall include the person or entity making the application,
the person or entity to whom the permit is granted and the owner of
the nonutility device(s) as defined herein is or is proposed to be
attached.
PERSON
Any individual, corporation, partnership, limited liability
corporation, joint venture, profit or not-for-profit entity or other
person, firm, owner, lessee, agent or employee whether corporate or
otherwise.
RIGHT-OF-WAY
Any recorded or nonrecorded instrument, document or other
tangible compilation of data that purports to provide certain rights
to utilize any public areas within the streets, highways, sidewalks
or other similar areas where the public or others may travel upon
or utilize at any time, including but not limited to, public and private
utility easements.
STREET
The term "street" as used herein also includes a highway,
road, avenue, roadbeds, lane, parkway or alley which the public have
a right to use in whole or in part. The term "pavement" includes a
macadam, asphalt, brick, concrete or other similarly improved roadbed,
and is only applied to the portion of the street between the sidewalks
or established curb lines.
UTILITY COMPANY
Any public or private utility company or other entity that
has obtained any rights-of-way or easements to construct, erect or
otherwise place utility and/or utility devices along any rights-of-way
or easement areas within streets or roads of the Village. This shall
also refer to any entity that has received a permit or franchise pursuant
to Village Law Section 4-406, 'utility company' as defined
by the New York State Public Service Law, and 'transportation
corporation' as classified by the New York State Transportation
Corporation Law.
UTILITY DEVICES
Any material or compilation of flexible or rigid materials
as used and/or installed by a utility company to provide services
pursuant to the New York State Transportation Corporation Law and/or
New York State Public Service Law.
UTILITY POLE
Utility poles owned by utility company as defined herein
and located in streets, easements and/or rights-of-way.