We have a soon to be dedicated road that was designed, and approved with light pole bases placed 2-feet from curb. However, in the final construction, the light pole bases are only 9 inches from curb. What are the regulations for a minimum distance from a
We are not aware of regulation regarding light pole base placement in respect to the edge of curb, however, the MUTCD states that the minimum distance from the edge of curb to the edge of a sign is 2-feet. 6 feet is the minimum from the edge of a road with only a shoulder.
This is done, in part, to minimize the chance that it will be hit by vehicles. This is very important when it comes to snow plowing. A snow plow with a wing could easily remove the light post base, especially if the wing is in the air and hanging over the curb.
If the town takes ownership of these light posts, it is likely they will need to be relocated in the future. It also becomes a safety issue as an obstruction in the ROW, which could become a liability to the town. It would be recommended to have the light pole bases relocated further from the curb, as per approved plan, to avoid the safety and damage issues with the current placement. Since the town has not accepted responsibility for the road, it is a reasonable request to have the light pole bases relocated prior to acceptance. If the town accepts the road prior to the relocation, the responsibility of relocating the pole bases and the liability due to the current placement of the pole bases becomes the towns as the new owner of the road.
Highway Law Section 319 allows the Highway Superintendent the authorization to have obstructions removed from the ROW: Here is the text from the Highway Law:
Highway ยง 319. Obstructions and their removal.
1. Obstructions, within the meaning of this section, shall include trees which have been cut or have fallen either on adjacent lands or within the bounds of the highway, in such a manner as to interfere with public travel therein; limbs of trees which have fallen within the highway, or branches of trees overhanging the highways so as to interfere with public travel therein; lumber, wood or logs piled within the bounds of the public highway; machines, vehicles and implements abandoned or habitually placed within the bounds of the highway; fences, buildings or other structures erected within the bounds of the highway; earth, stone or other material placed in any ditch or waterway along the highway; telegraph, telephone, trolley and other poles, and the wires connected therewith, erected within the bounds of the highway in such a manner as to interfere with the use of the highway for public travel.
2. It shall be the duty of each owner or occupant of lands situate along the highway, to remove all obstructions within the bounds of the highway, which have been placed there, either by themselves or by their consent. It shall be the duty of all telephone, telegraph, electric railway and other electrical companies, to remove and reset telephone, telegraph, trolley and other poles and the wires connected therewith, when the same constitute obstructions to the use of the highway by the traveling public. If temporary obstructions such as trees, lumber, wood, logs, machinery, vehicles and similar obstructions are not removed within forty-eight hours after the service of a notice, personally or by mail, upon such owner or occupant, requesting the same to be done, the town superintendent shall remove such obstruction. And if permanent obstructions, including, among others, telegraph, telephone, trolley and other poles and wires connected therewith, are not moved and reset within thirty days, the town superintendent shall move and reset such poles and wires. The expense thereby incurred shall be paid in the first instance out of moneys levied and collected and available therefor, and the amount thereof shall be charged against such owner, occupant or company, and levied and collected, as provided in section one hundred and fifty-seven.
August, 21