VOTED: that the Town adopt a bylaw in accordance with M.G.L. Chapter 166, §22D, as follows.
Section 1.
Any utility having poles, overhead wires or associated overhead structures which are located upon, along or across any public or other way or ways within the Town shall, in accordance with the schedule and timing set forth below in this Section 1, remove such poles, overhead wires and associated overhead structures. Any utility in providing replacement facilities of any poles and overhead wires and associated overhead structures required to be removed shall install customer’s service facilities.
Using existing conduit, Main Street from the intersection with Forest Ridge Road to the intersection with Harrington Avenue , by April 30, 2004;
Using existing conduit, Harrington Avenue from the intersection with Main Street to the intersection with Old Marlborough Road , by April 30, 2004;
Using existing conduit, Old Marlborough Road from the intersection with Harrington Avenue to the intersection with Old Road to Nine Acre Corner, by April 30, 2004;
Using existing conduit, Virginia Road from the intersection with Old Bedford Road to the Town line, by December 31, 2004;
Using existing conduit, Main Street from the intersection with Keyes Road to the intersection with Old Road to Nine Acre Corner by May 31, 2006;
Using existing conduit, the entire length of Stow Street by May 31, 2006;
Using existing conduit, the entire length of Everett Street by May 31, 2006;
Using existing conduit, Sudbury Road from the intersection with Main Street to the intersection with Stow Street by May 31, 2006;
For all other projects, 12 months after receiving notice by Certified Mail Return Receipt Requested from the Concord Municipal Light Plant.
Section 2.
Any utility which fails to remove any poles and overhead wires and associated overhead structures as required by this bylaw shall be punished by a fine of not less than one thousand dollars and not more than five thousand dollars for each consecutive fifteen-day period during which such failure continues.
Section 3.
Any utility may enter into, and from time to time amend, and perform a cooperation agreement with the Town, pursuant to M.G.L. Chapter 166, §22E. No utility which enters into a cooperation agreement under said §22E shall be deemed to have violated this bylaw during the term the payments provided in the cooperation agreement are to be made, so long as the utility shall not be in default under said cooperation agreement.
Section 4.
Commencing one (1) year from the original effective date of this bylaw, any utility affected hereby shall impose and collect a surcharge of two percent (2%) on its total billing to each customer located in the Town to apply towards the cost of construction required under this bylaw, provided said utility is not in violation of the provisions of this bylaw.
Section 5.
This bylaw implements M.G.L. Chapter 166, §22D, and shall be construed in a manner consistent with the definitions in §§22A and 22I of Chapter 166.
Article 29, Town Meeting, April 1987
Article 27, Town Meeting, April 2003
Notes: This bylaw became effective on January 1, 1989, in accordance with the provisions of M.G.L. Chapter 166, §22N. The utility surcharges of 2% became effective January 1, 1990.
| 
