[HISTORY: Adopted by the Town Board of the Town of Glenville 9-20-2017 by L.L. No. 10-2017. Amendments noted where applicable.]
Except as permitted by Town Code § 238-17, no person shall dig or excavate in or place any barricade or encumbrance upon any Town right-of-way, Town road or other public grounds without first having obtained a permit from the Town Highway Superintendent.
As used in this chapter, the following terms shall have the
meanings indicated:
Any damaged utility pole or old 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.
The cable, terminals, conductors and other fixtures necessary
for transmitting electric, telephone, cable television or other telecommunications
service.
Includes any highway, road or street within the Town of Glenville,
outside of the Village of Scotia, extending the full width of the
right-of-way and including sidewalks and unpaved portions between
the property line and the traveled areas.
Application for a permit shall be made by the person or firm
intending to do such work or for whose direct benefit it is proposed.
A.
All permits issued shall be in writing, shall conform to the provisions
of all laws, ordinances and Town regulations and shall contain such
restrictions and conditions as the Superintendent may deem necessary
for the protection of the Town.
B.
All permits for the installation or removal of utility poles shall
include the following provision: The permittee shall have 90 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 by law.
The required permit fees shall be paid to the Superintendent
upon issuance of the permit. Such fees shall be determined from a
fee schedule established by the Town Board.[1]
If the Superintendent deems it to be necessary for the protection
of the Town, he may require the applicant to furnish a surety bond
saving the Town harmless from any and all liability arising from the
work authorized.
A.
A permit shall be required before any person shall make any excavation
in, cut any pavement upon or tunnel under any street, sidewalk, road
or other public ground.
B.
The permittee shall be responsible for repair and restoration of
the surface or pavement to its former condition. Such restoration
must be completed within 30 days of the expiration of the permit unless
noted on the permit otherwise.
A.
A permit shall be required before any person shall cut any street
curb or construct any driveway entrance from or exit into a public
street or road.
B.
In a residential district, one driveway may be permitted for each
residential lot. The drive width at the curb or pavement line shall
not exceed 1/3 of the lot frontage, except that no driveway shall
be required to be less than 12 feet wide and in no case shall the
driveway be greater than 20 feet.
No person shall place any sand, stone, lumber or other building
materials or equipment in any street, sidewalk, road or public grounds
without first having obtained a written permit therefor. No permit
shall be given for such materials or equipment to occupy more than
1/3 of a roadway or for a period of more than 30 days.
A.
Barricades and lights. Any person making an excavation in or encumbering
any public street, road or grounds shall erect and maintain a suitable
guard, fence or barricade to protect the public from injury. He shall
maintain sufficient warning lights on such barricades between the
hours of sunset and sunrise.
B.
Unauthorized removal of barricades. It shall be unlawful for any
person to remove, tear down, run over or interfere with any barricade
or warning light lawfully placed to protect any construction, excavation
or storage of materials in or upon any street, road or public grounds.
Any person, firm or corporation violating any provision of this
chapter shall, upon conviction thereof, be punishable by a fine of
not more than $500 or imprisonment for a term not exceeding 15 days,
or both. Each day that the violation continues shall be deemed a separate
violation.
A.
Any public utility that fails to remove its plant from a damaged pole within 30 days of receiving notification from the Town pursuant to § 130-12A shall be punished by a penalty of up to $250 for each such violation. Each day that the violation continues shall be deemed a separate violation.
B.
Any public utility that fails to remove a double pole within 90 days of receiving written notification from the Town pursuant to § 130-12B shall be punished by a fine of $250 for each violation. Each day that the violation continues shall be deemed a separate violation.
C.
In addition to or as an alternative to any fine or imprisonment imposed
for a conviction of an offense under this chapter, each such offense
may be subject to a civil penalty not to exceed $500, to be recovered
in an action or proceeding in a court of competent jurisdiction. Each
day that the violation continues shall be deemed a separate violation.
A.
When the Town determines that a utility pole in a right-of-way is
damaged and poses a potential threat to public safety, the Town shall
notify in writing any public utility with a plant on the damaged pole
that it must remove its plant from the damaged pole within 30 days
of receiving such notification from the Town or be subject to penalty.
B.
When the Town determines that a double pole is in a Town right-of-way,
the Town will notify the public utility which owns the double pole
that the plant must be removed within 90 days or be subject to penalty.
The Town Highway Superintendent is hereby authorized to enforce
this chapter.
