This Village Board hereby finds and determines that public utility
companies place poles on Village of Northport streets, roads and rights-of-way
to facilitate the delivery of electric, telephone, cable television
and telecommunications services to the residents of the Village of
Northport. This Board also finds that utility poles are frequently
damaged by traffic accidents and adverse weather conditions and from
time to time simply need to be replaced. This Village Board determines
that public safety can be compromised when utility lines and equipment
remain affixed to weather-damaged and old poles for unreasonably long
periods of time. This Village Board further determines that a utility's
delay in removing lines and equipment also delays the removal of the
poles themselves, which causes a proliferation of aesthetically unpleasant
"double wood" or "double poles" along roadways. This Village Board
also finds that local governments have the authority to regulate their
roads and rights-of-way to protect the public. Therefore, the purpose
of this article is to require utilities that use Village roads, streets
and rights-of way to promptly remove the plants, cables, wires, equipment,
terminals and old and damaged poles and to further require the prompt
removal of double poles.
As used in this article, the following shall have the meanings
indicated:
DANGEROUS/DAMAGED POLE
Any utility pole that is structurally compromised due to
weather, a traffic incident, and/or age, and poses a potential threat
to public safety.
DOUBLE POLE
Any damaged and/or old utility pole which is attached or
in close proximity to a new utility pole.
PLANT
The cables, terminals, conductors and other fixtures necessary
for transmitting electric, telephone, cable television or other communication
services.
PUBLIC UTILITY
Any corporation, authority or other entity that provides
electric, telephone, cable television, or other telecommunications
service to the residents of the Village of Northport.
UTILITY POLE
A column or post used to support service lines for a public
utility.
If any clause, sentence, paragraph, subdivision, section or
part of this article or the application thereof to any person, individual,
corporation, firm, partnership or business shall be adjudged by any
court of competent jurisdiction to be invalid or unconstitutional,
then such order or judgment shall not affect, impair or invalidate
the remainder thereof but shall be confined in its operation to the
clause, sentence, paragraph, subdivision, section or part of this
article, or its specific application.
This article shall take effect immediately upon filing with
the Secretary of State.