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:
A. Any public way approved by the Planning Board.
B. Any way in which the wires and utility facilities
are underground as of the effective date of this By-Law.
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 Select Board 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 Select Board 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 Select Board 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 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.