As used in this chapter, 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 North
Hempstead.
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.
The Superintendent of Highways shall not give a permit as set forth in §
64A-3 unless there shall have been furnished by the applicant sufficient indemnity or performance bond as determined by the Superintendent of Highways as a condition precedent to the issuance of the permit and the commencement of work. Said bond or indemnity shall be for a reasonable amount and may cover any activities requiring a permit as per §
64A-3 of this chapter, and said bond or indemnity may cover any period of time necessary to include the accomplishment of such activity, all as shall be determined by the Superintendent of Highways. The approval of the Superintendent of Highways as to amount, form, manner of execution and sufficiency of surety or sureties shall be entered on said bond before it shall be filed in the Town Clerk's office, and said bond shall be so filed before said permit shall be effective.
There is hereby established a Public Utility Advisory Committee
to assist and advise the Town Board on matters related to utility
poles. The advisory committee will include representatives from the
Supervisor's office, Town Attorney's office, the Highway
Superintendent, and public utilities. The advisory committee is authorized
to adopt rules and establish procedures insofar as they are not inconsistent
with the provisions of this chapter.
If any clause, sentence, paragraph, section, word or part of
this chapter is adjudged by any court of competent jurisdiction to
be invalid, the judgment shall not affect, impair or invalidate the
remainder of this chapter but shall be confined in its operation to
the clause, sentence, paragraph, section, word or part of this chapter
directly involved in the controversy in which judgment is rendered.
This chapter shall take effect immediately upon filing with
the Secretary of State.