[HISTORY: Adopted by the Common Council of
the City of Peekskill 9-26-2005 by L.L. No. 14-2005 (Ch. 285 of the 1984 Code). Amendments
noted where applicable.]
The Common Council for the City of Peekskill
hereby finds that unnecessary utility poles within close proximity
to one another adjacent to roadways pose an immediate and serious
hazard to motorists and pedestrians, impeding visibility along those
roadways, particularly at or near intersections, while serving no
legitimate need or purposes. In addition such utility poles constitute
a visual eyesore while, again, serving no legitimate need or purpose.
The Common Council further finds that it would be in the best interest
of the City and would serve to protect and preserve the health, safety
and welfare of the community to require the owners of unnecessary
utility poles in close proximity to one anther to remove all such
unnecessary utility poles. It is the purpose of the Common Council
in adopting this chapter to discourage the installation of unnecessary
utility poles and to compel the owners of all existing unnecessary
utility poles to remove them from City-owned properties and rights-of-way
in order to protect and preserve the health, safety and welfare of
the community. It is the goal of the Common Council to compel the
elimination of all unnecessary utility poles from the City of Peekskill.
As used in this chapter, the following terms
shall have the meanings indicated:
Any utility pole which is 12 or more feet from all other
utility poles.
Any utility pole which is within 12 feet of
another utility pole unless:
It is necessary to safely carry some or all
of the utility service lines which it, and all other utility poles
within 12 feet of it, are intended to carry; and
There is no feasible alternative configuration
of utility poles which can safely carry all of the utility service
lines in that area using only utility poles 12 or more feet from one
another.
Absent satisfactory evidence of the necessity
of the utility pole in question and/of the feasibility of alternative
configurations of utility poles, any utility pole which is located
within 12 feet of any other utility pole shall be presumed to be an
unnecessary utility pole.
A pole, made of any material, which is affixed to the ground
and which carries overhead utility service lines. The phrase "utility
pole" includes the phrase "telephone pole."
Electricity, telephone service including cable telephone
service, television service including cable television service, internet
access including cable internet access and any other telecommunications
service.
Cables, wires, service lines, pipes, conduits, fixtures,
appliances or any other element of the delivery system of any public
or private utility service.
All utility poles shall be structurally sound
and capable of standing in the vertical position and carrying the
utility service lines attached to them without the support, direct
or indirect, of any other utility pole. Guy wires may be used to support
a utility pole, but no guy wire shall cross any road, street, sidewalk
or paved or unpaved pedestrian walkway in such a manner as to pose
a hazard to vehicles or pedestrians.
A.Â
Installation.
(1)Â
After the effective date of this chapter it shall
be unlawful to install or have installed an unnecessary utility pole
on City-owned property or within the City's right-of-way unless the
owner of any such pole can demonstrate, by a signed engineer's report,
to the satisfaction of the Director of Public Works, that:
[Amended 6-24-2019 by L.L. No. 3-2019]
(a)Â
The utility pole in question is necessary to
safely carry some or all of the utility service lines which it and
all other utility poles within 12 feet of it are intended to carry;
and
(b)Â
There is no feasible alternative configuration
of utility poles which can safely support all of the utility service
lines in that area using only utility poles 12 or more feet from one
another.
(2)Â
Collocation of utility lines on poles and the sharing
of poles by different utility companies shall be considered a feasible
alternative configuration to installing separate utility poles within
12 feet of one another.
(3)Â
An application for permission to install an otherwise
unnecessary utility pole shall be made to the Director of Public Works.
The application shall include the required documentary engineering
evidence relevant to the necessity of the utility pole in question
and the feasibility of alternative configurations of utility poles
and payment of an application fee in the amount of $150. The subject
utility pole shall not be installed unless and until the Director
of Public Works shall approve the application.
[Amended 6-24-2019 by L.L. No. 3-2019]
B.Â
Existing poles.
(1)Â
Any unnecessary utility pole existing on the effective date of this chapter shall be removed by the owner within the time specified in a "Notice To Remove Unnecessary Utility Pole" mailed in accordance with § 538-5 below unless the owner of any such unnecessary utility pole can demonstrate, by a signed engineer's report, to the satisfaction of the Director of Public Works, that:
[Amended 6-24-2019 by L.L. No. 3-2019]
(a)Â
The utility pole in question is necessary to
safely carry some or all of the utility service lines which it and
all other utility poles within 12 feet of it are intended to carry;
and
(b)Â
There is no feasible alternative configuration
of utility poles which can safely support all of the utility service
lines in that area using only utility poles 12 or more feet from one
another.
(2)Â
Collocation of utility lines on poles and the sharing
of poles by different utility companies shall be considered a feasible
alternative configuration to installing separate utility poles within
12 feet of one another.
(3)Â
An application for permission to continue to use and maintain an
existing otherwise unnecessary utility pole shall be made to the Director
of Public Works within the time provided for removal of the unnecessary
utility pole in the "Notice To Remove Unnecessary Utility Pole." The
application shall include the required documentary engineering evidence
relevant to the necessity of the utility pole in question and the
feasibility of alternative configurations of utility poles and payment
of an application fee set forth in the Consolidated Fee Schedule maintained
in the office of the City Clerk. Upon making such application, removal
of the subject utility pole shall be held in abeyance pending a final
determination on the application by the Director of Public Works.
If the proof provided does not satisfy the Director of Public Works
that the subject utility pole is, in fact, necessary, he or his designee
shall notify the owner in writing of his determination and direct
that the unnecessary utility pole be removed by a date certain which
shall be no less than 14 days after the date of the mailing of that
notification.
[Amended 9-25-2017 by L.L. No. 2-2017; 12-26-2017 by L.L. No. 4-2017; 6-24-2019 by L.L. No. 3-2019]
[Amended 6-24-2019 by L.L. No. 3-2019]
The Director of Public Works or his designee
is hereby authorized and directed to send a "Notice To Remove Unnecessary
Utility Pole," by certified mail, return receipt requested, to the
owner of each utility pole located on City-owned property or within
the City's right-of-way, identifying each such utility pole by number,
if one is located on the utility pole, or by location with sufficient
specificity to reasonably identify the subject utility pole and directing
that, within a time specified, which shall be no less than 14 days
after the mailing of such "Notice To Remove Unnecessary Utility Pole,"
such unnecessary utility pole be removed or that an application be
made for the continued use and maintenance of the otherwise unnecessary
utility pole.
[Amended 12-27-2005 by L.L. No. 17-2005; 9-25-2017 by L.L. No. 2-2017; 12-26-2017 by L.L. No. 4-2017; 6-24-2019 by L.L. No. 3-2019]
The owner of any unnecessary utility pole located on City-owned property or within a City right-of-way which either is installed after the effective date of this chapter without the permission of the Director of Public Works in violation of § 538-4A or exists on the effective date of this chapter without the permission of the Director of Public Works and which is not removed within the time provided in violation of § 538-4B above shall be liable to the City of Peekskill for rent for the use of the City-owned property or the City right-of-way for each such unnecessary utility pole in the amount set forth in the Consolidated Fee Schedule maintained in the office of the City Clerk per unnecessary utility pole. Payment shall be made monthly, on the first day of each month, to the Comptroller for the City of Peekskill. Rent shall be due and payable through the date that the unnecessary utility pole is removed or the date that the utility pole is approved by the Director of Public Works on application of the owner. Previously paid rent shall not be refunded and past due rent shall not be abated even if the continued use and maintenance of the utility pole in question is ultimately approved. Rent shall be due and payable in addition to, and not as an alternative remedy to, the penalties for offenses provided in § 538-8 below.
[Added 12-27-2005 by L.L. No. 17-2005]
A.Â
No person, firm, corporation, association or partnership
shall be permitted to access, use, attach to or otherwise utilize
any utility pole within the City limits of the City of Peekskill without
having first obtained a use license from the Director of Public Works
for such use.
[Amended 6-24-2019 by L.L. No. 3-2019]
B.Â
The Director of Public Works shall impose a license/rental fee for
such use in the amount set forth in the Consolidated Fee Schedule
maintained in the office of the City Clerk per utility pole per year.
[Amended 9-25-2017 by L.L. No. 2-2017; 12-26-2017 by L.L. No. 4-2017; 6-24-2019 by L.L. No. 3-2019]
C.Â
The entity seeking such a license pursuant to this section shall
provide, in writing, a request for such use no later than April 1
of each year. Applications received thereafter shall be assessed a
late fee set forth in the Consolidated Fee Schedule maintained in
the office of the City Clerk per utility pole.
[Amended 9-25-2017 by L.L. No. 2-2017; 12-26-2017 by L.L. No. 4-2017]
[Amended 12-27-2005 by L.L. No. 17-2005]
A.Â
Installation of an unnecessary utility pole without permission of the Director of Public Works in violation of § 538-4A shall be punishable by a fine of no less than $250 per day and no more than $500 per day for each such unnecessary utility pole from and including the date that the unnecessary utility pole was installed through and including the date that it is either removed or approved by the Director of Public Works.
[Amended 6-24-2019 by L.L. No. 3-2019]
B.Â
Continued use and maintenance of any existing unnecessary utility pole in violation of § 538-4B shall be punishable by a fine of no less than $50 per day and no more than $250 per day for each such unnecessary utility pole from and including the day after the date by which the owner is required to remove such unnecessary utility pole through and including the date that it is either removed or approved by the Director of Public Works.
[Amended 6-24-2019 by L.L. No. 3-2019]
C.Â
Use of a guy wire to support a utility pole which either crosses a street, road, sidewalk or pedestrian walkway or which is otherwise installed in such a manner as to pose a hazard to vehicles or pedestrians in violation of § 538-3 shall be punishable by a fine of no less than $50 per day and no more than $250 per day for each day such guy wire is in such location.
D.Â
The owner of any utility pole shall be responsible
for its installation and/or continued use and maintenance and shall
be liable for all fines.
