Town of Nantucket, MA
Nantucket County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Annual Town Meeting of the Town of Nantucket 4-5-1983 by Art. 30, approved 8-19-1983. Amendments noted where applicable.[1]]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 127.
[1]
Editor’s Note: This chapter was amended 4-6-2015 ATM by Art. 76, approved 8-5-2015, to change the title from "Pole and Wires, Removal of" to "Poles and Wires."

§ 113-1 Poles and overhead wires prohibited.

No utility shall install or construct, except by way of replacement or upgrading of existing facilities and subject to § 113-3 hereof, any poles or overhead wires and associated overhead structures upon, along or across any public way or ways within all or any part of the Town of Nantucket. Any person who installs or constructs any poles and overhead wires and associated overhead structures in violation of this chapter shall be punished by a fine of not more than $100.

§ 113-2 Violations and penalties.

[Amended 4-15-2003 ATM by Art. 26, approved 8-27-2003]
Any person who fails to remove immediately any poles and overhead wires and associated overhead structures in violation of this chapter shall be punished by a fine of not more than $100 for each one-day period during which his failure continues.

§ 113-3 Removal of existing structures; failure to comply.

A. 
Any utility presently owning poles and overhead wires and associated overhead structures along or across any public way or ways within the area known as the "Core District" of the Town of Nantucket, the outer perimeter of which includes Center Street, Broad Street, Easy Street and Main Street, as well as Main Street to the Civil War Monument, and the Core District of the Village of Siasconset, the outer perimeter of which includes the Rotary, Shell Street, Broadway and Front Street, or any part thereof, shall remove the same. Said removal shall occur in a sequence which shall be specified by the Planning Board of the Town of Nantucket after consultation with representatives of the utility.
[Amended 4-12-1994 ATM by Art. 63, approved 4-29-1994]
B. 
Any utility which fails to remove any poles, overhead wires and associated overhead structures as required by this chapter shall be punished by a fine of $100 for each one-day period during which such failure continues; provided, however, that no utility shall be deemed to have violated this chapter, provided that:
[Amended 4-2-1985 ATM by Art. 100, approved 10-1-1985; 4-15-2003 ATM by Art. 26, approved 8-27-2003]
(1) 
If replacement facilities for poles and overhead wires and associated overhead structures required to be removed will be needed in order for it to continue its service, it shall, within 60 days after the effective date of this chapter, petition the Board of Selectmen for permission to erect or construct under the public ways of the Town of Nantucket replacement facilities for said poles and overhead wires and associated overhead structures.
(2) 
It shall prepare and file with the Board of Selectmen of the Town of Nantucket a plan (which shall be consistent with any removal sequence specified in such chapter) for the removal of such poles and overhead wires and associated overhead structures and, if needed for the continuation of its service, for their replacement with underground facilities.
(3) 
In each calendar year beginning with the calendar year next following the effective date of this chapter (which will be deemed to be 1985) and until all such overhead wires and associated overhead structures shall have been removed, it shall, in carrying out such plan, allocate and expend for the direct cost of demolition and construction (over and above the reasonable value of any salvage) an amount which shall be not less than 2% of its gross revenues derived during the next preceding calendar year from its customers in said municipality.
(4) 
It shall, on or before the last day of March in each year, file with the Board of Selectmen of the Town of Nantucket a statement signed, under the penalties of perjury, by its treasurer setting forth in detail the amounts spent by it during the immediately preceding calendar year in carrying out said plan, the purposes for which such expenditures were made and the gross revenue derived from its customers in said Town of Nantucket during the immediately preceding calendar year; provided, however, that no utility which enters into a cooperation agreement under the provisions of MGL c. 166, § 22E, shall be deemed to have violated said ordinance or bylaw during the term such payments are to be made, so long as said utility shall not be in default of said cooperation agreement.

§ 113-4 Construal of terms.

For purposes of this chapter, the definitions of "person," "poles and overhead wires and associated overhead structures" and "utility" shall be the same as are set forth in MGL c. 166, § 22A, as amended.

§ 113-5 Information regarding underground facilities.

[Added 4-6-2009 ATM by Art. 48, approved 11-9-2009]
If any installation of new facilities or replacement facilities for poles and overhead wires and associated overhead structures required to be removed in any public way or ways within the Core Districts of the Town of Nantucket or the Village of Siasconset as set forth in § 113-3, then in connection with such installation, the person or utility installing such facilities underground (hereafter, a "party") shall, prior to installing such facilities or performing any work related thereto, submit to the Town of Nantucket Board of Selectmen each of the following:
A. 
The identity and legal status of the party, including any parent or affiliated corporation;
B. 
The address and telephone number of the corporation and the name of the officer, agent or employee responsible for the accuracy of the submissions to the Town;
C. 
Preliminary engineering plans, specifications and a site plan of the facilities to be located within the public ways at a scale of one inch equals 40 feet which shall show (i) all property lines, (ii) the exact location of the proposed underground facilities and manholes, and (iii) existing facilities, streets, landscape features, residential dwellings, and all buildings located within 300 feet of the underground facilities prepared by a registered professional engineer or other qualified professional;
D. 
A general description of the services to be provided by the party and information as to the type and frequency of any equipment and facilities to be installed;
E. 
The specific trees, structures, fixtures, improvements, facilities and obstructions, if any, that the party proposes to temporarily or permanently install, remove, disturb or relocate;
F. 
A preliminary construction schedule and completion date;
G. 
A detailed description regarding how much excess capacity (defined as the volume or capacity in any facility that is not, at the time of the installation of any facility, being used or is not proposed to be used as part of a concrete plan for the future) will exist after the installation of the underground facilities;
H. 
The names of any persons, utilities or other co-locators or third parties who share or will share use or ownership of the facilities; and
I. 
A certificate executed by the party:
(1) 
Containing a detailed description of the efforts taken to have other utilities and persons co-locate their improvements within the location of the party's underground facilities, including but not limited to any conduit, duct bank, trench or other location where such facilities are installed;
(2) 
Certifying to the Town that the party used diligent but unsuccessful efforts to: (i) obtain from other persons or utilities permission to install or co-locate party facilities in existing underground facilities or (ii) have such other persons or utilities co-locate their facilities within a location in common with the party's underground facilities;
(3) 
Whether the use of the facilities will wholly provide a public utility use regulated by the Commonwealth of Massachusetts Department of Telecommunications (DTC) and Cable or Department of Public Utilities (DPU) and any unregulated uses;
(4) 
The reasons for the denial of any requested co-location; and
(5) 
Whether any appeals to the DTC or DPU, as applicable, have been made or adjudicated.

§ 113-6 Sharing of facilities.

[Added 4-6-2009 ATM by Art. 48, approved 11-9-2009]
Where space in the public ways is finite and held in public trust by the Town, the Town must manage and conserve the limited physical capacity of the public ways and must protect the public health, safety and welfare by ensuring that such facilities do not interfere with Town or emergency uses or services dependent upon the public ways or otherwise incommode the public. To that end, the Town hereby requires any party installing, or causing the installation of, underground facilities, to the extent allowed by law and to the extent it is in the public interest and technically feasible, to reduce the number of locations for underground facilities, trenches, independent or solitary conduits and to have such facilities and conduits consolidated with existing facilities and locations, shared by or in common with others, including but not limited to requiring installation of duct banks containing excess capacity and co-location of facilities within any duct banks with excess capacity, trenches or other locations. Any party seeking to install an underground facility in the Core District shall use diligent efforts to co-locate its facilities into existing underground facilities owned or used by third parties, and any person or utility owning or using existing facilities or installing new underground facilities shall allow any party to share in the use of its facilities.

§ 113-7 Town use of facilities.

[Added 4-6-2009 ATM by Art. 48, approved 11-9-2009; amended 4-6-2015 ATM by Art. 76, approved 8-5-2015]
The Town reserves the right to place or maintain, free of charge, wires, signal circuits, signal supply circuits, fiber optic cable and any other equipment or facilities related thereto belonging to the Town and used by it exclusively for municipal purposes within any new or existing underground facilities, or upon any utility pole or structure which occupies space within the municipal right of way. The Town shall be allowed reasonable access whenever necessary to place, maintain or remove its wires, cables, circuits and equipment within such facilities.

§ 113-8 As-built plans.

[Added 4-6-2009 ATM by Art. 48, approved 11-9-2009]
Within 60 days following any work to install any new or replacement facilities under the public way or ways within the Core Districts set forth in § 113-3, the person or utility installing such facilities shall prepare and file with the Board of Selectmen of the Town of Nantucket complete as-built plans of such facilities and survey, showing the location of such facilities prepared by a registered professional engineer or other qualified professional.

§ 113-9 Severability.

[Added 4-6-2009 ATM by Art. 48, approved 11-9-2009]
The provisions of this Chapter 113 are severable and, in any of the sections or provisions herein are held by any court of competent jurisdiction to be unconstitutional or otherwise invalid, then the decision of such court shall not affect or impair any of the remaining provisions, which shall remain in full force and effect.