[HISTORY: Adopted by the Annual Town Meeting
of the Town of Chelmsford 4-26-1999 by Art. 17. Amendments noted where applicable.]
For purposes of this chapter, the definitions
of "person," poles and overhead wires and associated overhead structures"
and "utility" shall be the same definitions as those set forth in
MGL c. 166, § 22A.
A.
No utility shall install or construct, except by 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 §§ 119-2B and 119-3A of this chapter. Any poles and overhead wires and associated overhead structures upon, along overhead wires and associated overhead structures installed or constructed in violation of this chapter shall be immediately removed by the utility responsible therefor.
B.
C.
Any person who installs or constructs any poles and
overhead wires and associated overhead structures which are in violation
of this chapter 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.
D.
This chapter implements MGL c. 166, § 22C
and shall be construed in a manner consistent with the definitions
in MGL c. 166, § 22A.
A.
Any utility presently owning or operating poles or
overhead wires and associated overhead structures within the Town
of Chelmsford shall remove said poles or overhead wires and associated
overhead structures. Said removal shall occur in the area known as
Chelmsford Center extending from Larcom Square through the Center,
around the Common and north to the intersection of Chelmsford and
Fletcher Streets as shown on a plan on file with the Town Clerk entitled
"Chelmsford Center Utility Depression Area," dated March 15, 1999.
B.
Any utility that fails to remove any poles or overhead wires and associated overhead structures required to be removed pursuant to § 119-3A of this chapter 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 chapter, provided that:
(1)
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 chapter, petition
the Select Board of the Town of Chelmsford, pursuant to MGL c. 166,
§ 22, for permission to install, erect or construct under
the public ways of the Town of Chelmsford replacement facilities for
such poles or overhead wires and associated structures; and
[Amended 6-17-2021 ATM by Art. 29]
(2)
The utility shall file with the Select Board of the Town of Chelmsford a plan (which shall be consistent with § 119-3A of this chapter) for removal of poles or overhead wires and associated overhead structures and, if needed, for their replacement with underground facilities. The removal described on the plan may be implemented in phases, as may from time to time be determined by the Select Board. In determining if the plan shall be implemented in phases, the Select Board shall consider the following factors, among other relevant factors: the total cost of completing the work under the plan; the amount of funds collected by the utility from its customers in the Town of Chelmsford in relation to the total cost of completing the work under the plan; and the progress the utility is making towards completing the work under the plan. Any phasing of the implementation of the plan shall not constitute an amendment of the plan. In determining whether to undertake the removal shown on the plan in phases, the Select Board shall consult with the utility. The decision regarding phasing shall be in the sole discretion of the Select Board; and
[Amended 10-20-2008 ATM by Art. 11; 6-17-2021 ATM by Art. 29]
(3)
In each calendar year beginning with the calendar
year next following the effective date of this chapter and until all
such poles or overhead wires and associated overhead structures shall
have been removed, any 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 Chelmsford; and
(4)
The utility shall, on or before the last day of March
in each year, file with the Select Board of the Town of Chelmsford
a statement signed under the penalties of perjury, by its Treasurer,
setting forth in detail the amounts spent by the utility during the
immediately 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 Chelmsford during the immediately
preceding calendar year; provided, however, that no utility which
enters a cooperative agreement under MGL c. 166, § 22 shall
be deemed to have violated this chapter during the term such payments
are to be made, so long as said utility shall not be in default of
said cooperative agreement.
[Amended 6-17-2021 ATM by Art. 29
(5)
Commencing with the calendar year beginning January 1, 2009, the funds collected by the utility from its customers in the Town of Chelmsford shall be placed by the utility in a separate interest-bearing account. The interest accrued on such funds shall remain with the account and shall be available for and used by the utility in furtherance of the completion of the plan described in § 119-3A and § 119-3B(2). All funds collected by utility as a surcharge prior to January 1, 2009, shall be transferred as of January 1, 2009, to the interest-bearing account. Commencing with the statement due for the calendar year 2008, the utility shall include in its statement under § 119-3B(4) the following information regarding the interest for the preceding calendar year: the number of customers in the Town of Chelmsford from whom the funds are collected; the name and address of the financial institution or other entity where the interest-bearing account is located; the amount of interest accrued to the account during the immediately preceding calendar year for which the statement is being provided.
[Added 10-20-2008 ATM by Art. 11]
(6)
The statement required under § 119-3B(4) shall not qualify as "setting forth in detail" the required information unless the statement includes the following information:
[Added 10-20-2008 ATM by Art. 11]
(a)
The number of customers in the Town of Chelmsford from whom the surcharge
has been collected during the immediately preceding calendar year;
(b)
The amount of the surcharge collected from the customers in the Town
of Chelmsford during the immediately preceding calendar year;
(c)
The amount of the interest accrued on the surcharge collected from
the customers in the Town of Chelmsford during the immediately preceding
calendar year;
(d)
The address of the financial institution or other entity where the
interest-bearing account is located;
(e)
The amount of the interest accrued to the account during the immediately
preceding calendar year for which the statement is being provided;
(f)
The specific purpose and amount for each cost incurred or disbursement
made over $100 regarding implementation of the plan;
(g)
The name, street mailing address and electronic mail address, if
available, of each vendor or other entity to whom a payment over $100
was made regarding implementation of the plan; and
(h)
The amount of funds remaining in the interest-bearing account as
of December 31 of the preceding calendar year.
(7)
The Select Board may temporarily or permanently suspend the amount collected from the utility's customers in the Town of Chelmsford under § 119-3B(3) above, upon the following:
[Added 10-20-2008 ATM by Art. 11; amended 6-17-2021 ATM by Art. 29]
(a)
The Select Board gives notice of and holds a public hearing regarding
consideration of such suspension.
(b)
The notice of the public hearing is published in a newspaper of general
circulation in the Town and posted on a Town bulletin board and on
the Town's website at least 14 days before the date of the hearing.
(c)
The notice of public hearing is sent by return receipt requested
mail at least 14 days before the date of the hearing to the utility
for which the suspension is being considered.
