[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."
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.
[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.
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 Select
Board 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.
[Amended 6-25-2020 ATM by Art. 70, approved 10-27-2020]
(2)
It shall prepare and file with the Select Board 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.
[Amended 6-25-2020 ATM by Art. 70, approved 10-27-2020]
(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 Select Board 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.
[Amended 6-25-2020 ATM by Art. 70, approved 10-27-2020]
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.
[Added 4-6-2009 ATM by Art. 48, approved 11-9-2009; 6-25-2020 ATM by Art. 70, approved 10-27-2020]
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 Select Board 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.
[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.
[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.
[Added 4-6-2009 ATM by Art. 48, approved 11-9-2009; 6-25-2020 ATM by Art. 70, approved 10-27-2020]
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 Select Board 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.
[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.
