[Amended 6-17-2021 ATM by Art. 29]
No public or private organization or utility
company shall place or allow more than one pole to exist within five
feet of another utility pole on any public or private way within the
Town of Chelmsford without the permission of the Select Board, which
may contain conditions. There is excepted from this provision the
temporary emergency replacement of a damaged utility pole.
[Amended 6-17-2021 ATM by Art. 29]
A. Following a public hearing, the Select Board may issue
an order for the removal, relocation or alteration of any utility
pole or poles in excess of one at any given location, upon the determination
that more than one utility pole at any given location presents a nuisance,
hazard or threat to the public safety, welfare or convenience to the
inhabitants of the Town.
B. Any organization or utility company which owns or
is responsible for a utility pole or poles subject to any order issued
by the Select Board shall fully comply with the terms and conditions
of any such order within 180 days of the date of its issuance unless
such period is extended by the Select Board in its sole and absolute
discretion. In the event of noncompliance with the terms of any order
issued by the Select Board, the Select Board may take whatever enforcement
action they deem appropriate, including, without limitation:
(1) The imposition of a fine of $300 per day for each
day of noncompliance;
(2) The application for an injunction restraining the
continued existence of any such pole or poles subject to such order;
and
(3) Any other penalties, impositions or relief as the
Select Board may deem necessary.