[HISTORY: Adopted by the Board of Trustees of the Village
of West Hampton Dunes 3-21-2000 by L.L. No. 3-2000. Amendments noted where
applicable.]
This chapter shall be entitled "Regulations Regarding the Installation
of Underground Utility Cable, Wiring and Equipment in the Village
of West Hampton Dunes."
Pursuant to § 10 of the Municipal Home Rule Law, the
Village Law, the General Municipal Law, and other relevant laws of
the State of New York, the Incorporated Village of West Hampton Dunes,
County of Suffolk, and State of New York, hereby enacts by this chapter
a local law of the Village of West Hampton Dunes.
A.
Purpose. The purpose of this chapter is to promote and protect the
public safety and welfare of the residents of the Village of West
Hampton Dunes, and their guests, and of the visitors to the Village,
to preserve the environment of the Village of West Hampton Dunes,
including the environmentally sensitive areas within the limits, boundaries
and territory of the Village of West Hampton Dunes, and of the areas
adjoining or surrounding those areas and within the jurisdiction of
the Village, and the quality and value of property in the Village
by the organized development of the Village. The Trustees of the Village
of West Hampton Dunes has determined that the location of the cables,
wiring and equipment of the utilities operating in and providing service
to the Incorporated Village of West Hampton Dunes underground is required
in order to accomplish and serve these purposes.
B.
Intent. The intent of this chapter is to establish regulations and
requirements for the Village of West Hampton Dunes which will require
the installation of all cables and wiring used by utilities in their
operations and service in the Village to be underground, which the
Board of Trustees of the Village of West Hampton has identified to
be in the best interests of the Village and its residents, and the
future development and well-being of the Village and its residents,
guests, and visitors.
As used in this chapter, the following terms shall have the
meanings indicated:
The cable, wire, equipment and other assets of the utilities
operating in the Village which are used in providing utility service
to the residents of the Village and the Village.
The prior, existing, and previously adopted laws, rules and
regulations affecting or regulating the cables, wiring, and equipment
of the utilities operating in the Village, including but not limited
to the location of the cables, wiring, and equipment.
The areas within the Village of West Hampton Dunes that are
owned by private owners, and on which the described utility companies
maintain or will maintain cable, wiring or equipment, for the purpose
of providing utility service to the Village of West Hampton Dunes
or its residents.
The areas owned by the Village of West Hampton Dunes, in
which the described utility companies maintain or will maintain cable,
wiring or equipment, for the purpose of providing utility service
to the Village of West Hampton Dunes or its residents.
At least two feet below the grade existing at the location
of the cable, wire, or equipment.
An electric, telephone, cable television, or other type of
company or entity providing these or similar services to the residents
of the Village of West Hampton Dunes, whether pursuant to a franchise
granted by the Village or not.
All utilities are within the jurisdiction of this chapter which:
A.
Operate or provide utility supply or service within the Village of
West Hampton Dunes or to the residents or the Village of West Hampton
Dunes, whether by franchise granted by the Village of West Hampton
Dunes or otherwise, including but no limited to electric, telephone,
and cable television and/or communication service.
B.
Maintain wires, cables, and/or equipment in the public rights-of-way
or on private property in the Village of West Hampton Dunes, whether
by franchise or agreements of easement or right-of-way granted by
the Village or otherwise, including but not limited to the electric,
telephone, and cable television or communication services.
All wires, poles, cables, and/or other equipment owned by any
utility in the Village of West Hampton Dunes or which is located in
the Village of West Hampton Dunes shall be within the jurisdiction
and regulation of this chapter.
A.
Underground requirement. All wires, cables, and/or other equipment
owned by any utility company or any entity in the Village of West
Hampton Dunes for the purpose of or for supplying utility service
and/or supply in the Village of West Hampton Dunes whether located
in the public rights-of-way or on private property within the Village
shall be located underground.
B.
Existing wires, cables and other equipment. The existing wires, cables,
and other equipment of utilities or other entities in the Village
of West Hampton Dunes used for the providing of utility supply or
service shall be moved and/or replaced within one year of the date
of the adoption of this chapter. Any utility or other entity which
owns or maintains any such wires, cables, or other equipment that
is existing at the time of the adoption of this chapter shall file,
within six months of the date of the adoption of this chapter, with
the Village Clerk of the Village of West Hampton Dunes, a written
plan and confirmation describing the intended actions of the respective
utility or other entity in complying with the requirement of this
chapter to move existing wires, cables, and other equipment underground.
C.
Future installation of wires, cables and other equipment and repair
or replacement of existing wires, cables, and equipment. All installation
in the Village of West Hampton Dunes of any cables, wires, or other
equipment or repair or replacement of any existing cables, wires or
other equipment, whether on public rights-of-way or private property,
shall only be underground. No cables, wires, or equipment shall be
installed or replaced which is not underground after the effective
date of this chapter as defined in this chapter.
D.
Effect on existing laws and regulations. This chapter shall not be
a waiver by the Village of West Hampton Dunes or an exemption of any
utility of any existing requirement as established by any other regulation,
law, resolution, or ordinance of any agency or municipal government
as it may apply to the wires, cables, and/or equipment of any utility
or entity providing utility supply or service within the Village of
West Hampton Dunes.
This chapter of the Village of West Hampton Dunes shall be enforced
by the Board of Trustees of the Village of West Hampton Dunes, and
the officers and commissioners of the Village that may be designated
and/or appointed to provide the enforcement of this chapter by the
Village Board of Trustees, or as otherwise duly appointed or authorized.
A.
Every violation of this chapter shall be subject to a fine of not
more than $250, per offense or violation, and for purposes of this
chapter provision, each and every day that a violation of this chapter
shall exist shall be deemed to be a separate violation of this chapter.
B.
The Village of West Hampton Dunes shall also be entitled to the pursuit
and enforcement of such civil and other remedies and action as may
be available to the Village under law, and which shall not be limited
by the commencement or citation of a criminal action or violation
by the Village or the assessment or lack of assessment of a penalty
or fine by the Village of West Hampton Dunes.[1]
