[HISTORY: Adopted by the Annual Town Meeting of the Town of Marblehead
5-6-1996 by Arts. 65 and 66. Amendments noted where applicable.]
For purposes of this article, the definitions of "person," "poles and
overhead wires and associated overhead structures" and "utility" shall be
the same definitions as those set forth in Section 22A of Chapter 166 of the
General Laws.
No utility shall install or construct, except of way of replacement or upgrading of existing facilities, any poles and overhead wires and associated overhead structures upon, along or across any public way within the parts of the Town listed in § 124-3. Any poles and overhead wires and associated overhead structures installed or constructed in violation of this By-Law shall be immediately removed by the utility responsible therefor.
This By-Law applies to the following parts of Town:
Any person who fails to remove immediately any poles and overhead wires
and associated overhead structures which are in violation of this By-Law shall
be punished by a fine of not less than $1,000 and not more than $5,000 for
each consecutive fifteen-day period during which the failure continues.
This By-Law implements General Laws, Chapter 166, Section 22C and shall
be construed in a manner consistent with the definitions in Section 22A of
Chapter 166.
For purposes of this By-Law, the definitions of "person," "poles and
overhead wires and associated overhead structures" and "utility" shall be
the same definitions as those set forth in Section 22A of Chapter 166 of the
General Laws.
Any utility presently owning or operating poles or overhead wires and
associated overhead structures within the Town of Marblehead shall remove
said poles or overhead wires and associated overhead structures. Said removal
shall occur in the following locations and sequence: Washington Street from
Town House Square to Rockaway Street, State Street from Town House Square
to Front Street, Pleasant Street from Washington Street 125 feet.
Any utility that fails to remove any poles or overhead wires and associated overhead structures required to be removed pursuant to § 124-7 of this By-Law shall be punished by a fine of not less than $1,000 and not more than $5,000 for each fifteen-day period during which such failure continues; provided, however, that no utility shall have been deemed to have violated this article, provided that:
A.
If replacement facilities for poles or overhead wires
and associated overhead structures required to be removed will be needed in
order for a utility to continue its service, the utility shall, within 60
days of the effective date of this article, petition the Board of Selectmen
of the Town of Marblehead pursuant to Section 22 of Chapter 166 of the General
Laws for permission to install, erect, or construct under the public ways
of the Town of Marblehead replacement facilities for such poles or overhead
wires and associated structures; and
B.
The utility shall file with the Board of Selectmen of the Town of Marblehead a plan (which shall be consistent with § 124-7 of this By-Law) for removal of poles or overhead wires and associated overhead structures and, if needed, for their replacement with underground facilities; and
C.
In each calendar year beginning with the calendar year
next following the effective date of this By-Law and until all such poles
or overhead wires and associated overhead structures shall have been removed
and [the] utility shall, in carrying out its plan, allocate and expend for
the direct cost of demolition and construction (over and above the reasonable
value of salvage) an amount which shall not be less than 2% of its gross revenues
derived during the next preceding calendar year from its customers in the
Town of Marblehead; and
D.
The utility shall, on or before the last day of March
in each year, file with the Board of Selectmen of the Town of Marblehead a
statement signed under the penalties of perjury by its treasurer setting forth
in detail: the amounts spent by the utility during the immediate preceding
calendar year in carrying out its plan; the purposes for which such expenditures
were made; the gross revenues derived from its customers in the Town of Marblehead
during the immediately preceding calendar year; provided, however, that no
utility which enters a cooperation agreement under Section 222 of Chapter
166 of the General Laws[1] shall be deemed to have violated this By-Law during the term such
payments are to be made so long as said utility shall not be in default of
said cooperation agreement.
[1]
Editor's Note: See MGL c. 166, § 22E, Cooperative agreements
to remove overhead wires. Chapter 166 does not contain a § 222.
