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UTILITY COMPANIES WILL BE FINED $1000 IF UTILITY POLES ARE NOT PROMPTLY REMOVED THAT ARE DANGEROUS,
Release Date: May 18, 2017

Have you  seen a utility pole near your home that looks damaged? Has the utility company delayed the removal of the pole or placed another pole next to the damaged pole, creating an obstruction? Should the utility company be required to promptly remove the double poles from such areas?  The  Greenburgh Town Board is planning to take action and has scheduled a hearing for next Wednesday May 24th at  7:30 PM at Town Hall. You are invited to speak out.

 

When the Town of Greenburgh determines that a utility pole on a Town highway, street, road or right-of-way is damaged or otherwise poses a potential threat to public safety, the Town shall provide written notice to the public utilities with a plant on the damaged pole that the pole must be repaired, replaced or removed within fifteen (15) days or such shorter reasonable time period as may be necessary to protect the public safety.

 

  1.         When a public utility installs a utility pole which is directly next to or in close proximity to another utility pole on a Town highway, street, road, or right-of-way, the public utility shall, within thirty (30) days of installation of the new pole, provide written notice to all other public utilities maintaining a plant on the existing pole that a new pole has been installed and that the plant on the existing pole must be relocated to the new pole within ninety (90) days of the date of the notice

 

     It shall be the joint and several obligation of the public utility installing the new pole and any other public utility maintaining a plant on the existing pole to remove the existing pole within one hundred twenty (120) days after installation of the new pole.

 

 

$1000 for 1st offense.

This proposed law is based on a law  that has been on the books in Yorktown. Have received many complaints in the past from residents.

PAUL FEINER

 

                       TOWN of GREENBURGH

 

             Local Law No.      /2017

 

 

A local law to amend the Town Code of the Town of Greenburgh, pursuant to the New York State Constitution Article IX and New York Municipal Home Rule Law § 10, by amending Articles III of Chapter 430 entitled “Permanent Street Obstructions” to create new subsections §430-10.1 to §430-10.4 entitled “Utility Poles” in the Town Code of the Town of Greenburgh. 

 

            BE IT ENACTED by the Town Board of the Town of Greenburgh as follows:

 

§ 1.   Title.

§ 2.   Legislative Findings and Intent.

§ 3.   Addition of subsection §430-10.1.

§ 4.   Addition of subsection §430-10.2.

§ 5.   Addition of subsection §430-10.3. 

§ 6.   Addition of subsection §430-10.4.

             § 7.   Severability.

             § 8.   Effective Date.

 

§ Section 1. Title. “A Local Law amending Article III of Chapter 430 of the Code of the Town of Greenburgh entitled “Permanent Street Obstructions” to create a new subsections §430-10.1 to §430-10.4 entitled “Utility Poles.”

 

§ Section 2. Legislative Findings and Intent. The Town Board finds that public utility companies place poles on Town highways, streets, roads and rights of way to facilitate the delivery of electric, telephone, cable and other telecommunications services to the residents of the Town and that public safety can be compromised when utility lines, plant and equipment remain affixed to utility poles that are weathered or otherwise damaged. The Town Board further finds that when a new pole is installed, a utility's delay in removing lines and equipment from the old pole also delays removal of the pole itself, which causes double poles along town highways and rights-of-way and obstructs the paths of pedestrians such that specific legislation is needed to require utilities to promptly remove cables, lines, equipment, terminals from old and damaged poles and to remove double poles from such areas.

 

§ Section 3. Addition of subsection §430-10.1.  §430-10.1 is hereby added to Chapter 430 of the Greenburgh Town Code by adding the following text: (new text underlined)

 

§430-10.1. Dangerous/damaged utility poles

 

When the Town of Greenburgh determines that a utility pole on a Town highway, street, road or right-of-way is damaged or otherwise poses a potential threat to public safety, the Town shall provide written notice to the public utilities with a plant on the damaged pole that the pole must be repaired, replaced or removed within fifteen (15) days or such shorter reasonable time period as may be necessary to protect the public safety.

 

§ Section 4. Addition of subsection §430-10.2.  §430-10.2 is hereby added to Chapter 430 of the Greenburgh Town Code by adding the following text: (new text underlined)

 

§430-10.2.  Notification Requirements

 

No person, firm, corporation or public utility subject to the jurisdiction and regulation of the New York State Public Service Commission (PSC) shall place or erect any pole for any purpose on any Town highway, street, road or right-of-way of said Town, or change the location of any existing pole on any Town highway, street, road or right-of-way of said Town, without first having provided written notification to the Town through the PSC required accepted electronic notification system being utilized by said utilities.

 

§ Section 5. Addition of subsection §430-10.3.  §430-10.3 is hereby added to Chapter 430 of the Greenburgh Town Code by adding the following text: (new text underlined)

§430-10.3.  Double Utility Poles

A.    When a public utility installs a utility pole which is directly next to or in close proximity to another utility pole on a Town highway, street, road, or right-of-way, the public utility shall, within thirty (30) days of installation of the new pole, provide written notice to all other public utilities maintaining a plant on the existing pole that a new pole has been installed and that the plant on the existing pole must be relocated to the new pole within ninety (90) days of the date of the notice. A copy of such written notice shall be simultaneously transmitted to the Town of Greenburgh.

B.     It shall be the joint and several obligation of the public utility installing the new pole and any other public utility maintaining a plant on the existing pole to remove the existing pole within one hundred twenty (120) days after installation of the new pole.

§ Section 6. Addition of subsection §430-10.4.  §430-10.4 is hereby added to Chapter 430 of the Greenburgh Town Code by adding the following text: (new text underlined)

§430-10.4.  Definitions.

As used in this subsection, the following terms 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 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 telecommunications service.

 

PUBLIC UTILITY---Any corporation, authority, or other entity that provides electric, telephone, cable television, or other service, including telecommunications service, to the residents of the Town of Greenburgh.

 

UTILITY POLE---A column or post used to support service lines for a public utility.

 

WRITTEN NOTIFICATION; WRITTEN NOTICE---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, facsimile transmission or electronic mail.

 

 

§ Section 7.  Severability:  If any clause, sentence, paragraph, subdivision, section or part of this chapter or the application to any person or circumstance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, 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 chapter, or its application to the person or circumstance directly involved in the controversy in which such order or judgment shall be rendered.

 

§ Section 8.  Effective Date.

 

This Local Law shall take effect immediately upon filing with the Secretary of State.

 

 

  

 

 

 

 

 

 

 

 




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