Issue
The placement of utility structures has caused neighborhoods and property owners concern due to one of more the following issues:
- aesthetics
- obstruction of sidewalks
- not taking opportunity to relocate out of way of future sidewalks
- sightlines for drivers and cyclist
- ADA (American Disabilities Act) compliance
- no notification to property owners or neighborhood organizations
- no opportunity to suggest/coordinate better location or design to lessen impact of the equipment on the quality of life in the neighborhood
- reduction in property value
Examples
Large Transformers (Haw Creek 2008) In Haw Creek after Progress Energy installed two large transformer installations on New Haw Creek Road, the Neighborhood Association questioned Progress Energy about their siting process and about the fact they made no effort to notify the neighborhood in advance. Progress Energy acknowledged the process was inadequate and would work to notify neighborhoods in advance in the future via the Neighborhood Coordinator. They did not remove the regulators but rather contibuted $500 for landscaping to buffer the regulators. Per Chris Pelly, the Dogwood Grove installation went in first and is the one is which we used the $500 to buy and install three arbor vita bushes. The other installation is fairly high off the ground and it was felt landscaping would not be of much benefit.
Near Dogwood Grove development (note 3 bushes) Near Cisco Road
Large Transformers (Kenilworth 2010) In Kenilworth, a transformer station was added in 2010 directly in the path of a future sidewalk. It is located by the bowling alley near Kenilworth Road and Tunnel Road. Kenilworth has been trying to get their sidewalk system extended to Tunnel Road and are dissappointed that Progress Energy did not use the opportunity to relocate their new poles out of the way of a future sidewalk.
AT&T Cabinet (Grove Park / Sunset Mountain, 2010)
The AT&T cabinet, 5'H x 4'L x 3'W, was installed without notification to the property owner or to other nearby neighbors. There was no opportunity to give opinions about the siting of the cabinet. It is located near the intersection of Edgemont and Charlotte. The neighbors would like the city to determine ways for neighborhood involvement in this process
NOTE: look at the index on the left for AT&T VRad Box, a separate page covering this type of installation in Kenilworth, Montford, and other neighborhoods in Asheville
Utility Boxes not ADA compliant (location, needs citation ?) Marsha Stickford (COA Neighborhood Coordinator) described a situation where a utility added a box at pedestrian level to a telephone pole which obstructed a portion of a sidewalk. The city investigated and determined that the placement of the box was not ADA (American Disabilities Act) with respect to the sidewalk
Blocked Sidewalks: as pictured, two utility poles and a traffic control box block safe use of this sidewalk east of Biltmore Village on Sweeten Creek Road at the intersection with London Road.
DOT was contacted in Oct 2010 and advised there wasn't any money available to relocate existing installations. Resolution of this sidewalk obstruction is unlikely until DOT agrees to follow ADA and applies common sense to a dangerous area.
Action
Marsha Stickford (COA Neighborhood Coordinator) is to convene a meeting of city staff on June 4, 2010 to examine options with respect to the following:
- communication between utilities / city / neighborhoods
- utility methods
- city requirements
- obtain opinion from School of Government
Legal Aspects
In most of the situations if not all it is assumed that the utility is acting within their legal rights with respect to placement and notification.
The NC General Assembly several years ago (needs documentation) took legislative action to change who has authority over placement of some types of equipment in public right-of-ways, giving the state Attorney Generals office control over this issue.
The case Hildebrande v. Southern Bell Tele. and Tele. (Hildebrande I) 219 N.C. 243 (1941) as referenced here states "when utility facilities are installed, unless the title documents regarding the right-of-way demonstrate something more than a street easement, those facilities are not included in the easement and are an additional burden on the fee". In other words the property owner is owed compensation. Note that this case law may be superseded by legislative action occuring after 1941.
Utility Contacts
LaVoy Spooner
Regional Director, External Affairs
AT&T North Carolina
24 O'Henry Ave
Asheville, NC 28801
lavoy.spooner@att.com
www.att.com
Gary Hamrick
Western Regional Resource Manager
Progress Energy
555A Brevard Road
Asheville, NC 28806
gary.hamrick@pgnmail.com
www.progress-energy.com
