[HISTORY: Adopted by the City Council of the City of Quincy
by Order No. 95-085 (Ch. 13.12 of the 1993 Code). Amendments noted where applicable.]
A.
The purpose of this chapter is to regulate installation and operation
of various utility systems located within the public rights-of-way
through a formal permit system. The permit system is intended to achieve
an efficient use of public rights-of-way consistent with the present
and future service demands and protection of public interests as related
to safety, health, and quality of life and to minimize the potential
adverse environmental/aesthetic impacts due to uncoordinated installation
of the various utility systems.
B.
This chapter shall apply to all utility systems regardless of whether
these are located underground, at surface and/or overhead.
C.
The utility systems regulated by this chapter shall include water
supply systems, sanitary sewerage systems, storm drainage systems,
natural gas supply systems, electrical transmission and lighting systems,
telephone systems, fire alarm systems, cable television and other
systems.
A.
The final permit to install and/or to operate a utility system shall
be issued by the Commissioner of Public Works.
B.
However, other City or state agencies such as the Quincy Conservation
Commission, Massachusetts Department of Transportation, Massachusetts
Environmental Protection Agency, Massachusetts Department of Public
Utilities, and City of Quincy Departments of Public Works, Planning
and Community Development, Police, Fire and Health may be involved
in the review and approval process depending on whether the proposed
utility line is traversing natural resource areas, subdivision developments,
public rights-of-way or planned unit developments.
[Amended 6-1-2020 by Order
No. 2020-012]
C.
In addition to the above departments/boards/agencies, copies of the
application may also be sent to the Mayor, the City Council and the
City Solicitor for their input as required.
A.
Any utility company or the public entity contemplating installation
of a new or modification and/or abandonment of an existing utility
system shall file 10 copies of the complete proposed system design.
The application shall include full system description of the proposed
routing, layout plan, profile, impact on resources areas, surface,
subsurface, air, habitats, noise levels, quality of life and the area
environment.
B.
The application shall be filed with the Department of Public Works
at least 10 weeks in advance of the anticipated construction start
date. All application processing fees shall be payable at the time
of filing.
C.
All reviews by the City departments, boards, and outside agencies
shall be responded to in writing. The response shall as a minimum
cover the following:
(1)
Easements, covenants and performance guarantees.
(2)
Design, location and routing of the proposed and the existing utility
systems within the public rights-of-way, location of monuments, and
utility appurtenances as potential interferences with other utilities.
(3)
Aesthetic, safety and environmental impacts.
D.
Before taking any action to approve, modify and approve or disapprove,
the applicant may have to go through public hearings before the Quincy
Conservation Commission or the Planning Board or the City Council,
at which time the interested parties shall have an opportunity to
be heard. Notice of the time and place of such hearings and of the
subject matter shall be published for two consecutive weeks. The date
of the first publication shall not be less than 14 days before the
date of the hearing. Copy of such advertisement shall be mailed to
the applicant and to all abutters along the route as shown on the
plan.
E.
The procedures followed for approval, modification or disapproval
of the final plans submitted by the applicant shall comply with MGL
c. 41, § 81U, as amended.
A.
Location/routing criteria.
(1)
All utility lines shall be located and profiled as approved by the
terms of the permit. The approved location and profiles shall not
be changed unless it is proven to the Department of Public Works that
it is impracticable to install as shown for a particular stretch because
of conditions such as extended ledge or other reasons or upon recommendation
of the utility system supplier that it is not feasible and/or is not
in the best interest of the City.
(2)
Cables, conduits, ducts, poles and the appurtenances for the fire
alarm, telephone, electric transmission and streetlighting, traffic
control, and cable television systems shall be installed underground
and/or overhead as approved.
(3)
All other utility services shall be located underground as approved.
All underground utility services shall comply with the minimum vertical
and/or the horizontal separation distances as mandated by applicable
codes and regulations.
(4)
All the required utility services shall be provided to each lot and
on each street. Streetlight should be installed before the associated
electrical switch gear and equipment is placed in/on the ground. All
transformers, switches and other such equipment shall be placed on
the ground at approved locations and only when screened from view
with evergreen shrubbery and other forms of treatment in a manner
acceptable to the City.
[Amended 6-1-2020 by Order
No. 2020-012]
(5)
Location, installation and operation of all utilities within the public rights-of-way shall be governed by the applicable portions of all federal, state and the City codes and regulations. Some of the major applicable codes and regulations are listed under § 319-9 of this chapter.
(6)
All underground utilities along the newly established public rights-of-way
shall be typically installed and located as shown on the roadway cross
section in the sketches in file in the engineering office.
[Amended 6-1-2020 by Order
No. 2020-012]
(7)
Routing location and profiles for the new underground utility services
to be installed in the existing rights-of-way shall be approved by
the Department of Public Works to avoid conflicts, to achieve judicious
utilization of rights-of-way and to minimize adverse aesthetic/environmental
impacts before they are presented to other departments/agencies for
review and/or approval.
(8)
The owner utility company shall not lease or allow other utilities
to use its underground facilities, lines, ducts or systems without
approval by the City. Such a case shall be treated as a new application
and shall be subject to a full review and approval cycle.
(9)
If a utility company or public entity decides to replace, upgrade
and/or abandon an existing utility system, it would be treated as
a new application and shall be subject to a new application and a
full review and approval cycle.
(10)
Also, under these circumstances, the utility company may be
ordered to remove the existing, abandoned and/or a redundant stretch
of the utility system and clear the right-of-way for future use.
B.
Installation requirements.
(1)
All water mains shall have a minimum of four feet of cover, laid
to line and grade with all necessary fittings, valves, blowoffs, hydrants,
service connections, curb stops, and other necessary features as required
by the latest codes and regulations.
(2)
Sanitary sewers and storm drains shall have a minimum of three feet
of cover. However, depth will be as required to achieve a gravity
flow at non-silting velocities and leakage rate as per the applicable
codes. Sewers shall be laid to true line and grade.
(3)
Water supply lines shall be located at least 1 1/2 feet above
(vertically) and 10 feet apart (horizontally) from the nearest sanitary
sewer lines.
(4)
Electric, telephone, cable, television, traffic control and fire
alarm conduits/cables installed underground shall have a minimum cover
of 2 1/2 feet.
(5)
Minimum trench width for the underground utilities shall be equal
to four-thirds diameter of the conduit plus 18 inches.
(6)
Sheeting, if used, shall be cut off a minimum of 18 inches below
the finished grades.
(7)
All conduits shall be bedded in a minimum six inches of compacted
screen gravel if set in soils and minimum 12 inches if set in rock.
(8)
Backfill shall be compacted to 95% of the maximum dry density of
the materials as determined by the American Association of State Highway
and Transportation Officials, Designation T-180D.
[Amended 6-1-2020 by Order
No. 2020-012]
(9)
No backfilling or covering of any utility pipe shall be permitted
until approved by the Engineer. Select materials shall be compacted
in six-inch layers.
(10)
All underground utilities shall be installed as soon as the
subgrade is completed and before any gravel is placed. Utility services
shall be tested as required or as applicable and approved by the Engineer
prior to installation of base and top pavement courses.
(11)
All service connections shall be installed to the right-of-way
line and marked so as to be easily located in the future.
A.
Location and routing criteria.
(1)
All utility poles, transmission lines, towers and pylons shall be
located at inconspicuous locations and placed at maximum feasible
distances from each other. If the poles, etc., had to be located at
a locale with high visibility, these would be treated or screened
to blend with the local environment/background.
(2)
While designing an overhead utility system, serious consideration
must be given to preserving area/neighborhood aesthetics, scenic views,
historic features, monuments and other points of public interest.
The type of construction materials and methods used must be compatible
with the physiographic, ecological/environmental and the socioeconomic
characteristics of the area being traversed.
(3)
The height of the poles, towers, pylons, and the overhead wires/cables
strung between the poles or attached to the buildings shall meet all
applicable requirements by the Occupational Safety and Health Administration
(OSHA) and the National Fire and the National Electrical Codes for
access and safety.
(4)
The height of the wires/cables strung between the poles, towers,
and pylons shall not be so as to block scenic/open views or other
points of interest. The City, acting in the best interest of itself
and its citizens and for the preservation of its resources and quality
of life, may require the owner utility companies to correct such situations
at locations where the existing wires/cables create such conditions.
(5)
The owner utility companies shall not lease, sublet or allow other
utilities to use their overhead pole system to string additional wires/cables
without permission from the City. Such a case shall be treated as
a new application and shall be subject to a full new review and approval
cycle.
(6)
The above approval process shall also apply if an owner utility wanted
to mount additional wires/cables on the existing poles. When applying
for such approvals, the utility company shall show definitive project
limits with plans, profiles, and justification for this addition along
with a complete environmental and aesthetic impact on area neighborhoods
traversed and the public in general.
(7)
Installation of overhead lines, appurtenances and poles, etc., should
be done according to National Electrical Safety Code requirements.
(8)
The City prefers that all utility services be installed underground.
However, overhead new wiring installation can be allowed if sufficient
justification for such an action is presented by the utility companies.
(9)
Replacement of existing poles and cables/wires and installation of
additional wires/cables on existing poles shall be subject to approval
by the City.
B.
Installation requirements.
(1)
All poles, towers and pylons must have a proper foundation and anchorage
for hurricane velocities up to 120 miles per hour.
(2)
All end and corner poles must be adequately gauged to keep plumb.
(3)
Separation distances between the conductors/cables must be maintained
as per the applicable codes.
(4)
The maximum height of the pole and wires/cables shall comply with
applicable codes, standards and the requirements of this chapter.
(5)
The poles, towers and pylons must not interfere with the pedestrian
and/or vehicular traffic. Also these poles must not be located within
15 feet of the driveways. The City acting in the best interests of
itself and its citizens may require the owner utility companies to
correct such situations wherever these exist.
(6)
The pole spacing shall be the maximum allowed under the codes consistent
with the location and the criteria stated in this chapter.
A.
Criteria.
(1)
Application for permit for installation of new or modification/upgrade
or abandonment or a change in existing use or a multiple use of the
existing utility systems shall be accompanied by an environmental
assessment report (EAR) and would require a full review and approval
cycle.
(2)
The EAR shall be sufficiently detailed to enable the reviewing agencies
to evaluate the short- and long-term impacts on the area aesthetics,
natural resources, ecology, quality of life and other environmental
factors due to the facilities and/or design/construction methods.
(3)
During the review cycle, particular attention shall be given to issues
of recycling or reuse of existing facilities/resources; the maintenance
and improvement of the natural water flow and quality of surface waters;
the preservation of scenic views, natural resource areas, wildlife
refuges, historic sites, unique geological, botanical, archaeological
and aesthetic features, jogging/biking trails, and accesses to open
space areas; and the health, safety and socioeconomic well-being of
the area inhabitants.
B.
General requirements. The environmental assessment report shall include
but not necessarily be limited to the following factors as applicable
to the proposed project. This does not preclude any other issues pertinent
to the project but not stated herein.
(1)
Physiography.
(a)
Describing the general physical conditions of the site, including
varieties of vegetation, general topography, unusual geologic, scenic
and historical features, trails and open space links and indigenous
wildlife.
(b)
Describing as to how the project will affect these features.
(c)
Providing a complete physical description of the project and
the relationship to surrounding area.
(2)
Surface water and soils.
(a)
Describing location, extent and type of existing water bodies,
wetlands, floodplains and other resource areas, including existing
surface drainage characteristics both within and adjacent to the project.
(b)
Describing both the short-term (during construction) and the
long-term (post construction) methods of erosion and sedimentation
control, including the proposed methods, details and descriptions
of the applicable features, such as areas subject to flooding or ponding;
drainage and flood control facilities and the estimated increase of
peak runoff caused by altered surface conditions and methods proposed
to return water to the soils; mulches and vegetative cover; protection
of existing vegetation; compatibility of the development to the topography;
proposed alterations of open spaces, shorelines, and other resources
areas; and habitats impacted.
(4)
Aboveground conditions.
(a)
Describing the existing air quality (level of atmospheric pollutants
and contaminants) and the proposed methods to preserve the minimum
required standards of the air quality.
(b)
Describing the existing level noise pollution and the methods
proposed to keep the noise level at the minimum required levels.
(c)
Describing the area aesthetic consideration factored into the
project design/development, including preservation of existing scenic
views, vantage points, open views, landmarks, and other points of
recreational and/or aesthetic value important for the quality of life
and socioeconomic well-being of the area residents.
(d)
Describing the impact of the proposed project on the vehicular
and pedestrian traffic flow condition and circulation patterns, police
and fire protection services, public work activities and the education
and civic services.
A.
Protection and maintenance of utilities. For the purpose of protecting
the safety, convenience and welfare of the City's inhabitants; for
the provision of adequate access that will be safe and convenient
for travel; for reducing the danger to life and limb in the operation
of motor vehicles; and for securing safety in the case of fire, flood,
panic and other emergencies, the applicant or his successor shall
provide for the proper maintenance and repair of all roads, sidewalks,
other public areas, facilities and amenities, including the cleaning
of drainage basins, oil/water separators, manholes and pipelines from
siltation or other accumulated material for the entire construction
period and until acceptance of the works by the City.
B.
Easements. Easements for utility lines located across lots or in
the rear or within the side offsets shall be provided where necessary
and shall be no less than 10 feet. The minimum easement widths shall
be located so as not to preclude the full development of the land
parcels. More than one utility may be allowed in one easement with
the approval of the Department of Public Works.
C.
Terminating utility systems. Where adjacent property is not subdivided
or where all the property of the applicant is not being subdivided
at the same time, provision shall be made for the extension of the
utility system by continuing the utility lines the full length of
streets and to the exterior limits of the property at such grade and
size which will permit their proper extension at a later date.
A.
Inspections of the work shall be conducted by the Department of Public
Works prior to the construction of streets and during the installation
of utilities at regular intervals or as required.
B.
All inspections shall be requested, in writing, at least 48 hours
in advance and shall consist of monitoring for the following items
as per the approved drawings:
(1)
Trench excavation, backfilling, compaction and pavement restoration
work.
(2)
Location and construction of water, sewer and drainage systems and
the related equipment/appurtenances.
(3)
Location and construction of natural gas supply systems and related
equipment/appurtenances.
(4)
Location and installation of conduits and wire/cables for traffic
control, electrical transmission and distribution, telephone, fire
alarm and cable television systems and the associated equipment and
facilities.
[Amended 6-1-2020 by Order
No. 2020-012]
Utilities under this chapter shall be subject to federal, state
and City codes and regulations, including but not limited to the following:
A.
Massachusetts Department of Public Utilities standards, including
220 CMR.
B.
Standard Specifications for Highway and Bridges.
C.
Commonwealth of Massachusetts Department of Transportation.
D.
City of Quincy Design Criteria.
E.
National Fire Protection Code.
F.
National Electrical Code.
G.
American Water Works Association standards.
H.
American National Standards Institute.
I.
City of Quincy Health Commissioner regulations.
J.
American Society for Testing and Materials.
K.
Federal specifications.
L.
National Institutes of Health.
M.
Massachusetts Department of Public Health.
N.
Massachusetts Department of Environmental Protection.
[Added 4-22-2019 by Order
No. 2018-101]
A.
Purpose.
It is the purpose of this section to establish specific standards
and procedures to authorize the installation of small cell wireless
facilities on utility poles located in the public way or in the utility
easement area adjacent to the public way. Notwithstanding any provision
in the Quincy Municipal Code to the contrary, this section shall govern
such installations.
B.
Definitions.
(1)
SMALL CELL FACILITY
UTILITY POLE
As
used in this section, the following terms shall have the meanings
indicated:
The antenna, radio, power source and meter, disconnect switch,
fiber-optic cable, and supporting equipment, if any, installed on
a utility pole.
A privately owned or publicly owned utility pole located
in the public right-of-way or in the utility easement area adjacent
to the public right-of-way.
[Amended 6-1-2020 by Order
No. 2020-052]
(2)
When
not inconsistent with the context, words in the singular number include
the plural number. The word "shall" is always mandatory and not merely
directory.
C.
Authority. Consistent with MGL c. 166, by amending the general ordinances to include this section, the City Council has voted to authorize the Director of Inspectional Services to issue permits for small cell facilities that satisfy the criteria identified in Subsection E and authorizes the Director of Inspectional Services to ensure that petitions to install small cell facilities comply with such criteria.
D.
Petitions.
All petitions submitted pursuant to this section shall include the
information described below. A petition may seek permits for small
cell facilities at multiple locations and, if so, shall include the
following information for each such location:
(1)
Application
stating: petitioner's name and address; name and address of the owner(s)
of the utility pole; name, address, telephone number, and e-mail address
of petitioner's attorney or agent; utility pole number; and address
of nearest property and address of nearest property, if different,
which contains a residential structure or fire station.
(2)
Plan,
signed by a professional engineer, showing the subject utility pole
and the proposed small cell facility.
(3)
Letter
or license from the owner(s) of the utility pole authorizing the installation
of the small cell facility. Such a letter or license shall be deemed
to constitute a structural certification by the owner(s) of the utility
pole attesting to the integrity of the utility pole to support the
small cell facility.
(4)
Evidence
sufficient to reasonably satisfy the Director of Inspectional Services
that the utility pole has an existing grant of location. Utility poles
that support existing wires and cables shall be deemed to have an
existing grant of location for purposes of this section.
(5)
License(s)
from the Federal Communications Commission evidencing petitioner's
authority to transmit and receive wireless telecommunications, unless
such license is already on file with the City.
(6)
Proof
of liability insurance, including completed operation coverage or
its substantial equivalent.
(7)
Radio
frequency (RF) affidavit, signed by a professional radio frequency
engineer, that includes a brief explanation of how the proposed small
cell facility addresses a significant gap in coverage, or capacity,
or both, and why the proposed utility pole is the most feasible to
install the small cell facility.
(8)
Radio
frequency (RF) emissions report demonstrating that the proposed small
cell facility complies with the maximum permissible exposures adopted
by the Federal Communications Commission, unless such a report has
previously been filed with the City for the specific equipment to
be used in the small cell facility
(9)
A
fee equal to $500 for a single petition including up to five locations
and a fee of $100 for each additional location, with check payable
to the City of Quincy.
(10)
Certification by petitioner that all members of the City Council
have been notified, at the time the petition is filed, of said petition,
such notification to include the location and number of the utility
pole where the proposed small cell facility is to be installed, the
address of the nearest property, and the address of the nearest property,
if different, which contains a residential structure, and that, at
the expense of the applicant, a public notice of the petition has
been advertised, that an abutters list of direct abutters has been
pulled through the Assessor's office, and that notification to those
abutters has been made through certified mail.
E.
Standard
of review.
(1)
The
small cell facility does not interfere with the safety and convenience
of ordinary travel over the public right-of-way.
(2)
The
small cell facility does not exceed 60 feet in height above the ground.
(3)
The
appearance of the small cell facility is similar to the existing equipment
on the utility pole or on other nearby utility poles, the color of
the utility pole, or another color reasonably requested by the Director
of Inspectional Services or his designee.
(4)
The
dimensions of the antenna do not exceed 16 inches in diameter or 40
inches in height; provided, however, that as new technology becomes
available, the Director of Inspectional Services is hereby authorized
to permit antenna configurations that are otherwise consistent with
the Federal Communications Commission's definition of small cell wireless
facility.
[Amended 5-3-2021 by Order No. 2021-036]
(5)
No
part of the small cell facility projects from the utility pole further
than four feet if installed 20 feet or higher above the ground or
further than two feet if installed below 20 feet above the ground.
(6)
No
part of the small cell facility shall extend below eight feet above
ground level.
(7)
No
other small cell facility is installed on a utility pole within 180
feet of the subject utility pole, including the subject utility pole.
(8)
The
subject utility pole does not measure more than 20° out of plumb
in any direction.
(9)
The
subject utility pole is not a double pole.
(10)
A small cell facility has not already been installed on, or approved
for installation on, the subject utility pole.
(11)
The proposed small cell facility complies with the maximum permissible
exposures adopted by the Federal Communications Commission.
(12)
The proposed small cell facility shall not be installed at any location
which is within 20 feet of any residential structure, school building,
child day-care structure or fire station.
(13)
The subject utility pole is not within five feet of another utility
pole.
(14)
The Director of Inspectional Services (DIS) shall notify the Ward
Councillor in whose ward the proposed small cell facility is to be
located of the intention of the DIS to grant a permit; such notification
shall occur at least 14 days prior to the issuance of said permit.
F.
Effect of permit. Upon the issuance of a permit to install a small cell facility, or after the passage of 90 days from filing with no action on the petition, a petitioner shall be authorized to commence installation. Any proposed changes to the dimensions or specifications detailed in Subsection E shall require a new petition, except that:
(1)
No
approval is required for the refurbishment, repair, or replacement
of any small cell facility component; and
(2)
In
the event that a petitioner proposes, or is required, to change the
approved position of a small cell facility component, the petitioner
shall submit revisions to the approved plan for such small cell facility
to the Director of Inspectional Services, who may approve the change
so long as the change does not reduce ground clearance to less than
eight feet above ground level or cause the height of the small cell
facility to exceed 60 feet in height above the ground.
G.
Effect
of denial; appeal. In the event that the Director of Inspectional
Services denies a petition to install a small cell facility, he or
she shall provide a written explanation for the denial to the petitioner.
Following issuance of such denial and explanation, the petitioner
may:
(1)
Submit
a new petition that satisfactorily addresses the reasons for denial,
at which time the Director of Inspectional Services shall consider
the new petition pursuant to this section; or
(2)
Within 30 days of issuance of such denial, appeal the denial to the City Council. Upon receipt of an appeal under this section, the City Council shall consider the matter as a new application (i.e., de novo) at a publicly noticed hearing and allow the petitioner to appear before the City Council to support the appeal, submit further evidence to rebut the written explanation provided by the Director of Inspectional Services, and demonstrate that it has satisfied the standard of review established in Subsection E and demonstrated that the relevant criteria contained in Subsection E have been met. The City Council shall reach a final decision and act on any appeal within 60 days. The petitioner has the right of further appeal available under law.
H.
Removal
of small cell facilities.
(1)
Any
small cell facility approved pursuant to this section shall be removed
and the relevant permit terminated if the City requires the removal
of the utility pole where the small cell facility is located.
(2)
The
permit holder shall notify the City if the small cell wireless facility
ceases to be used for its intended purpose and shall remove all the
permitted equipment no later than 60 days following cessation of use.
(3)
Except
as otherwise provided for in this section, the City may remove small
cell facilities approved pursuant to this section and terminate the
relevant permit(s) by using the procedures established for the removal
of overhead structures and equipment contained in MGL c. 166, §§ 22A
to 22N.
(4)
The Director of Inspectional Services, or his designee, is authorized under this section to order the removal of any small cell facility installed on a utility pole that has not been authorized pursuant to this section. Any party installing any such small cell facility shall be subject to penalties consistent with Chapter 1, Article I, General Penalty, of this Code.
I.
Relationship to Zoning Code. This section shall govern the installation of small cell facilities on utility poles located in the public right-of-way or in the public utility easement area adjacent to the public right-of-way. Except as otherwise stated herein, the provisions of Chapter 375, Zoning, do not govern such installations.
