This article shall be referred to as "Double Utility Poles,
Removal of."
As used in this article, 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 New Windsor.
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.
No person, firm or corporation 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 highway, street, road
or right-of-way within said Town, or change the location of any existing
pole on any highway, street, road or right-of-way within said Town,
without first having provided notification to the Town through the
PSC-required, accepted electronic notification system being utilized
by said utilities.
Where this article differs or conflicts with other laws, rules
and regulations, unless the right to do so is preempted or prohibited
by the county, state or federal government, the more restrictive or
protective of the Town and the public shall apply.
This article is enacted pursuant to the Municipal Home Rule
Law. This article shall supersede the provisions of Town Law to the
extent it is inconsistent with the same, and to the extent permitted
by the New York State Constitution, the Municipal Home Rule Law, or
any other applicable statute.
If any word, phrase, sentence, part, section, subsection or
other portion of this article or any application thereof to any person
or circumstance is declared void, unconstitutional or invalid for
any reason, then such word, phrase, sentence, part, section, subsection,
or other portion, or the proscribed application thereof, shall be
severable, and the remaining provisions of this article, and all applications
thereof, not having been declared void, unconstitutional, or invalid,
shall remain in full force and effect.