Sunday, December 13, 2009

Legal Analysis of Con Ed Distribution Line Clearing Rights and Regulations

This pdf document was prepared last month by Irvington resident Pat Gilmartin as an informal legal brief to the Village of Irvington and it has just been provided to me for use in upcoming GEF working group discussions covering Distribution Line ROW management.

This provides pertinent analysis in conjunction with the review of Greenburgh's town code Section 260A on Utility ROW rights and responsibilities, demonstrating a strong basis for assuming the viability of creating a model regulation for adoption by local and regional municipalities.

It also provides a basis for the notion of a protected tree (of historical, specimen or aesthetic value) as well as tree protection zones (similar to that of view sheds) such as the row of Sycamores on the west side of S. Broadway along the Columbia Nevis frontage. Such "overlay protection zone" concepts are currently part of the draft revision to Irvington's Tree Protection Ordinance. In combination with this Section 202 Tree Protection Code update, a list of proposed protection zones is being compiled. If you are a village resident and have specific suggestions for protection zones or specific trees to be protected, please forward your ideas to trees@irvingtonny.gov. Proposed protection zones may be located on village property, village easements, school district properties or private property.

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