Section 1. No utility shall install or construct, except by way of direct one for one replacement or upgrading of existing facilities, any poles and overhead wires and associated overhead structures upon, along or across any public or private way within the parts of the Town listed in Section 2. Any poles and overhead wires and associated overhead structures installed or constructed in violation of this bylaw shall be immediately removed by the utility responsible therefor.
Section 2. This bylaw applies to the following parts of the Town:
(a) Any new public or private 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 bylaw.
(c) Any way in which the wires and facilities of any utility have been placed underground since the passage of this bylaw.
(d) Any way in which an underground conduit and manhole system or its functional equivalent has been or is being installed and is not yet fully utilized, or for which active plans have been or are being made for such conduit and manhole system.
Section 3. Any person who installs or constructs any poles and overhead wires and associated overhead structures which are in violation of this bylaw shall be punished by a fine of not less than one thousand dollars ($1,000.00) and not more than five thousand dollars ($5,000.00).
Section 4. Any person who fails to remove immediately any poles and overhead wires and associated overhead structures which are in violation of this bylaw shall be punished by a fine of not less than one thousand dollars ($1,000.00) and not more than five thousand dollars ($5,000.00) for each consecutive fifteen-day period during which the failure continues.
Section 5. This bylaw implements M.G.L. Chapter 166, Section 22C, and shall be construed in a manner consistent with the definitions in Section 22A of Chapter 166.
Article 28, Annual Town Meeting, April 1987
(became effective on January 1, 1989, in accordance with the provisions of MGL, Ch. 166, §22N)
Amended by Article 31, Annual Town Meeting, April 23, 2001
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