[Added 8-21-2017 by L.L. No. 3-2017[1]]
[1]
Editor's Note: This article was originally adopted as Ch.
153.
A.
The Village
Board hereby finds and determines that public utility companies, as
defined by Subsection 23 of § 2 of the New York State Public
Service Law, place poles on the highways, streets, roads, and rights-of-way
in the Village of Cornwall-on-Hudson to facilitate the delivery of
electric, telecommunications, cable television, and other services
to the residents of the Village of Cornwall-on-Hudson.
B.
The Village
Board hereby finds and determines that local governments have the
authority to regulate their highways, streets, roads, and rights-of-way
to protect the health, safety, and welfare of the public.
C.
The Village
Board hereby finds and determines that public utility companies sometimes
fail to timely remove their attached utility facilities from currently
existing utility poles and transfer them to new or replacement utility
poles, and also fail to timely remove inactive, damaged, or replaced
utility poles, also known as a "double wood poles" or "double poles."
D.
The Village
Board hereby finds and determines that public safety may be jeopardized
when public utility companies fail to promptly remove their attached
facilities from replaced utility poles and fail to remove these older
poles, which may be damaged or structurally unsound. Moreover, unnecessary
double poles located within close proximity to other utility poles
and adjacent to highways, streets, roads, and rights-of-way may pose
an immediate and serious hazard to motorists and pedestrians because
they impede visibility, particularly at or near intersections, and
obstruct the paths of pedestrians. In addition, these unnecessary
double poles constitute a visual eyesore that compromises public aesthetics.
E.
The Village
Board hereby finds and determines that the interest of the public
is best served by cooperation and communication between public utility
companies and the Village Board.
F.
In enacting
this article, the Village Board deems this article to be an exercise
of the police power of the Village of Cornwall-on-Hudson for the preservation
and protection of public safety and public aesthetics. This article
is enacted pursuant to the authority contained in the Highway Law,
Village Law, and Municipal Home Rule Law of the State of New York.
G.
The purpose
of this article is to require public utility companies that own and/or
use utility poles located adjacent to Village highways, streets, roads,
and rights-of-way to promptly remove their facilities from inactive,
damaged, and replaced utility poles and to further require the prompt
removal of these double poles once all attached utility facilities
have been removed.
H.
The New
York State Public Service Commission ("PSC") has primary jurisdiction
over the terms and conditions of utility pole attachments in New York
pursuant to New York Public Service Law § 119-a. At the
time of enactment, this article does not conflict with the orders,
rules, regulations, and guidance of the PSC regarding the transfer
and removal of utility facilities and removal of inactive, damaged,
or replaced utility poles. If the PSC amends its orders, rules, regulations,
or guidance in the future, public utility companies that own and/or
use utility poles located adjacent to Village highways, streets, roads
and rights-of-way will continue to be required to comply with the
mandates of this article to the extent that this article does not
conflict with the orders, rules, regulations, and guidance of the
PSC.
As used in this article, the following terms shall have the
meanings indicated:
The Village of Cornwall-on-Hudson Commissioner of Public
Works or his/her designee.
Any utility pole that is structurally compromised due to
weather, a traffic incident, and/or age and may pose a danger to public
safety.
Any inactive, damaged, and/or replaced utility pole which
is located within close proximity to a new utility pole, including
poles from which public utility companies are required or strongly
encouraged to transfer their attached facilities to the new utility
poles, and that the utility pole owner is required or strongly encouraged
to remove pursuant to the PSC's orders, rules, regulations, and guidance.
The cables, terminals, conductors, and other fixtures necessary
for transmitting electric, telecommunications, cable television, or
other services provided by the owner or joint owner of, or other licensed
attachers to a utility pole.
Any corporation, authority, or other entity, as defined by
Subsection 23 of § 2 of the New York State Public Service
Law, that provides electric, telecommunications, cable television,
or other service to the residents of the Village of Cornwall-on-Hudson.
Extrication of an entire utility pole, including any of its
moorings and appurtenances, or, where necessary, the cutting of a
utility pole flush to the ground, and the filling and grading of any
hole or opening left after such extrication or cutting in a manner
that leaves a level grade safe for vehicle and pedestrian travel.
Any entity that has attached any facility or facilities to
a utility pole without the authority to do so in a written agreement
or contract with a pole owner.
A structure, column, or post affixed to the ground and used
to support public utility company facilities.
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 retaining the
older utility pole in question and/or the feasibility of alternative
configurations of utility poles offered by the attacher, owner or
joint owner of the retained older utility pole, any utility pole which
is located within 12 feet of any other utility pole shall be presumed
to be an unnecessary utility pole.
[Amended 12-18-2017 by L.L. No. 5-2017]
A writing directed to a representative of a public utility,
who may be designated by the utility to receive such notice, sent
by regular mail, certified mail, or electronic mail.
In 2012, the PSC issued an order requiring public utility companies
and licensed attachers to utility poles to use the National Joint
Utilities Notification System ("NJUNS") to monitor all facilities
attached to utility poles and to notify licensed attachers and utility
pole owners when their utility facilities must be transferred from
a utility pole and when the responsible utility pole owner(s) must
remove the replaced utility pole. The PSC may designate a successor
to NJUNS in the future. The Village of Cornwall-on-Hudson shall maintain
its current access to NJUNS or obtain access to its successor so that
it may monitor the compliance of each public utility company and licensed
attacher with the PSC's orders, rules, regulations, and guidance.
All public utility companies and licensed attachers with utility poles
or utility facilities in the Village of Cornwall-on-Hudson must utilize
NJUNS or its successor and comply with the PSC's orders, rules, regulations,
and guidance regarding notification, facilities transfer or removal,
and utility pole removal, as well as the requirements of this article
to the extent they do not conflict with the PSC's orders, rules, regulations,
and guidance.
A.
The PSC's
requirements regarding notification, facilities transfer or removal,
and utility pole removal are hereby adopted by the Village of Cornwall-on-Hudson.
In addition, to the extent that the PSC does not currently mandate
a time line for the transfer and removal of utility facilities from
double wood poles and the removal of such double wood poles, the provisions
of this article will govern.
B.
Each public
utility company and licensed attacher shall transfer or remove its
facilities and/or remove its inactive or replaced utility pole within
30 days after receipt of notice through NJUNS or a successor notification
system adopted by the PSC. Within one business day after a public
utility company or licensed attacher transfers or removes its facilities
from a utility pole, it shall update NJUNS or a successor notification
system to document the completion of its transfer or removal in order
to provide notice to the next public utility company or licensed attacher
required to transfer its facilities and/or remove its inactive or
replaced utility pole. The next public utility company shall transfer
or remove its facilities and/or remove its inactive or replaced utility
pole within 30 days after receipt of such notice. The last utility
company is responsible to remove the second or double pole.
C.
If the
utility pole owner(s), the PSC, or the Village of Cornwall-on-Hudson
determines that an old or damaged utility pole poses a potential threat
to public safety, the utility pole owner(s) shall use reasonable efforts
to remove the unsafe condition within 24 hours of receiving notice
of this determination.
D.
Upon receipt of notice through NJUNS or a successor system of the existence of double poles adjacent to Village highways, streets, roads, and rights-of-way that predated the enactment of this article, the public utility companies and licensed attachers shall comply with the time frames set forth in Subsection A of this section regarding the transfer or removal of facilities from such preexisting double pole and the removal of the preexisting double pole itself. If the double pole poses a danger to public safety, then the time frame set forth in Subsection B of this section shall govern.
A.
When the Commissioner of Public Works observes through NJUNS that a licensed attacher or utility pole owner is not in compliance with the provisions of § 135-54, the Commissioner of Public Works shall provide written notice to the noncomplying licensed attacher(s) or utility pole owner(s) that the noncompliant condition must be rectified within seven business days. Failure to comply with the requirements of this provision may result in penalties as provided for in § 135-57 of this article.
B.
When the Commissioner of Public Works observes or receives a report from a public official or citizen that a utility pole adjacent to a Village highway, street, road or right-of-way is old or damaged and poses a potential threat to public safety, the Commissioner of Public Works shall provide written notice to the utility pole owner(s). The utility pole owner(s) may present documentary evidence to the Village in the form of a report from a licensed engineer certifying that the utility pole is not a threat to public safety within 10 days from the date of the Commissioner's notification. In the event that the Commissioner is satisfied that the utility pole no longer poses a threat to public safety, he shall have the discretion to withdraw the removal notice. If the utility pole owner is unable to present such required documentary evidence, the unsafe utility pole must be removed within 24 hours as required by § 135-54C.
C.
When the Commissioner of Public Works determines that a double pole is located adjacent to a Village highway, street, road, or right-of-way, including double poles that preexisted the enactment of this article, the Commissioner of Public Works shall provide notice through NJUNS or a successor system adopted by the PSC. Failure to comply with the requirements of § 135-54D upon receipt of such notice may result in penalties as provided for in § 135-57 of this article.
A.
Notwithstanding
any provision of this article to the contrary, the Commissioner of
Public Works may extend the time frame initiated by any written notice
or notice through NJUNS as provided under this article for an additional
period not exceeding the original statutory time frame set forth in
this article. The public utility owner or licensed attacher shall
make a request for an extension in writing to the Commissioner of
Public Works prior to the expiration of the time frame initiated by
the original written notice or notice through NJUNS, together with
the basis for the request. The Commissioner of Public Works shall
determine whether the request for extension should be granted or denied
and provide a written response to the public utility company or licensed
attacher. In such instances where the request is granted, the Commissioner
of Public Works shall issue another written notice or notice through
NJUNS, which shall then be applicable rather than the previously issued
notice.
A.
Any public utility company, licensed or unlicensed attacher that fails to remove its utility facilities from an inactive or replaced utility pole within seven days of receiving notification from the Village pursuant to § 135-55A that it is in violation of the requirements of§ 135-54 may be fined up to $250 for each such violation. Each day that the violation continues shall be deemed a separate violation. Notwithstanding anything to the contrary contained in this article, no such fines or penalties shall be assessed for violations of this article that occur within six months as a result of natural disasters, major weather events and similar circumstances affecting the Village.
C.
Any person, firm, corporation, public utility company, licensed or unlicensed attacher convicted of a violation of the provisions of this article, other than those set forth in Subsections A or B above, shall be guilty of a violation for a first conviction, punishable by a fine not exceeding $1,000; and for a second or subsequent conviction, punishable by a fine not exceeding $2,000. Every day that the violation continues shall be deemed a separate violation.
D.
If any
person, firm, corporation, public utility company, licensed or unlicensed
attacher violates the provisions of this article, the Village Attorney
may commence an action in the name of the Village of Cornwall-on-Hudson
in a court of competent jurisdiction seeking any remedy provided by
law or equity, including any civil and/or injunction proceeding necessary
to enforce compliance and/or enjoin noncompliance with this article.
Such action may seek removal of damaged poles and/or double poles
or removal of utility facilities from such poles, the imposition of
civil penalties as authorized by this article, the recovery of costs
of the action and such other remedies as may be necessary to prevent
or enjoin a dangerous condition from existing on a Village highway,
street, road, or right-of-way.
A.
This article
shall apply to all utility poles currently located adjacent to any
Village highway, street, road, or right-of-way, and to all utility
poles installed hereafter.
B.
The provisions
of this article shall be deemed to supplement applicable state and
local laws, ordinances, codes, and regulations; and nothing in this
article shall be deemed to abolish, impair, supersede, or replace
existing remedies of the Village, county, or state or existing requirements
of any other applicable state or local laws, ordinances, codes, or
regulations. In case of conflict between any provision of this article
and any applicable state or local law, ordinance, code, or regulation,
the more restrictive or stringent provision or requirement shall prevail.
