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HomeMy WebLinkAbout2006 ATM-Article 44-FORM 2 -#1-EXISTING CHAPTER 170 UNDERGROUND UTILITIES OF NORTH qti et.lEO is U p 0^yq9 9SSNCHUSES TOWN OF NORTH ANDOVER OFFICE OF THE TOWN CLERK 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Joyce A.Bradshaw,CMMC Telephone(978)688-9501 Town Clerk Fax (978)688-9557 E-mail Bradshaw(dtownofnorthandover.com This is to certify that the following was the text of Chapter 170 — Underground Utilities of the General Bylaws for the Town of North Andover on May 8, 2006: CHAPTER 170 UNDERGROUND UTILITIES [HISTORY: Adopted by the Town of North Andover as Chapter 170, of the General Bylaws. Annual Town Meeting—May 12 1999—Approved by Attorney General—July 27, 1999] [Amended by Articles 20 and 21 2001 Annual Town Meeting. Approved by Attorney General - September 12, 2001.] [Section E -Amended by Article 20 November 17,2003 Special Town Meeting. Approved by Attorney General - January 22, 2004.][Section 3, Paragraph D — Amended May 10, 2004 Annual Town Meeting Article 34-Approved by Attorney General—August 19,2004] Chapter 170 - Underground Utilities Bylaw of the Town of North Andover Code, subject to the provision of Massachusetts General Laws, Chapter 166, Section 22A — 22N, inclusive, forbidding new construction of overhead wires and structures and/or requiring the removal of overhead wires and structures and replacement with underground conduit and facilities in portions of North Andover, including but not limited to the Downtown Business District and the Old Town Center/Historic District. Section 1. Definitions For purposes of this Bylaw, 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. Alternative Coordination Plan - A plan to coordinate the implementation of the utility specific plans required by this underground bylaw. In the event that the utilities and the Town are not able to reach agreement on any aspects of a negotiated project coordination plan, the Town will use reasonable discretion to establish an alternative coordination plan. The objective of this alternative coordination plan will be to use a single qualified general contractor to perform the excavation and civil work necessary for the installation of all of the underground facilities, including cable facilities, electric facilities, telephone facilities, and municipal facilities, contemplated by this underground bylaw, as well as a proposed formula for apportioning the cost of that qualified general contractor. This alternative project coordination plan will assume that each utility will directly install and energize its own cable and wire in the conduits and manholes constructed by the qualified general contractor. In establishing such alternative coordination plan, the Town shall be guided by the objective of achieving efficient coordination among the utilities, a cost effective underground project, with the minimum disruption of the public way. Company Specifications - Detailed specifications provided by the each utility regarding the number and size of duct banks, the type and quantity of cable or wire, and the number and precise specifications of manholes and hand holes, the description of and quantification of the equipment necessary to construct and install customer's service facilities, and all other specifications regarding all other facilities necessary to replace overhead service in the area of the community covered by this bylaw, with underground service, all prepared in sufficient detail to be included in a request for bid for a qualified general contractor. Cost Per Linear Foot - When reporting the cost of demolition or construction per linear foot, the cost should be reported per linear foot of the overhead or underground system. For example the 1,000 feet of overhead or underground facilities that are located on 1,000 feet of one side of a public way would be reported as 1,000 feet of overhead facilities or underground facilities removed or constructed. If a particular utility has two lines or two conduits on a given set of poles or in a given duct bank, and therefore 2,000 feet of overhead wire or underground wire in this 1,000 foot span of the public way, the cost per linear foot must be reported using the 1,000 feet of the public way as the denominator, and must not be reported using the 2,000 feet of wire as the denominator. Customer's Service Facilities - The facilities required to connect a customer's building or structure to the underground service mandated by this bylaw, which customer's service facilities are more specifically defined in Section 22I of Chapter 166 of the Massachusetts General Laws; Direct Cost of Demolition and Construction - The direct cost of construction labor, construction materials, and construction equipment used to implement the demolition and construction mandated by this bylaw. This shall include the direct cost of construction labor, construction materials, and construction equipment used to install the customer's service facilities defined by Section 22I of Massachusetts General Laws Chapter 166. Direct costs of demolition and construction shall also include the following costs: (A) the direct cost of completing an "Existing Conditions Plan", to the extent such cost is incurred at the request of the Town in order to expedite the schedule for the underground project, or incurred directly by the Town in order to expedite said schedule, and then reimbursed by the utility; (B) interest on any amounts spent for such direct costs in excess of the two (2%) annual expenditure required by Section 5A of this bylaw, to the extent such excess expenditure is directly associated with in an effort expedite the actual construction schedule at the request of the Town. (C) The direct cost of any communication ducts installed at the request of the Town, which communication ducts are to be reserved municipal use. Petition - The petition, timely filed, that is required by section 22D of Massachusetts General Laws Chapter 166, and Section 5B clause (1) of this bylaw, relating to the permission to install underground facilities mandated by this by-law. Such petition shall request permission for the shared use of common duct banks and common trenches by and among other utilities and the Town, or include a justification explaining why such shared use of common duct banks and common trenches is not possible. Plan for Continuation of its Services, for their Replacement with Underground Facilities - The plan, timely filed, that is required by section 22D of G.L. Chapter 166, and Section 5B clause (2) of this bylaw, relating to the removal of that particular utility's overhead wires and associated overhead equipment and the construction of a particular utility's underground equipment to provide service to consumers in the geographic area covered by this by-law. This utility specific plan that meets the requirements of this bylaw must include at a minimum the following required components: 1) The company's specifications for the underground project; 2) An estimate of the total direct cost of demolition and construction of the project which includes the cost of installing customer's service facilities; 3) An estimate of the total salvage value of the overhead property to be removed; 4) A statement of the total company revenues received in the community in the preceding calendar year, and an estimate of the total company revenues to be received in the community in the current year; 5) An estimate of the total duration of the demolition and construction project assuming that the company allocates and expends 2% of such annual revenues (plus the reasonable salvage value of the removed overhead equipment) to the direct cost of demolition and construction of that company's project; 6) A proposed coordination plan that describes a plan for utilizing a single qualified general contractor to perform the excavation and civil work necessary for the installation of all of the underground facilities, including cable facilities, electric facilities, telephone facilities, and municipal facilities, contemplated by this underground by-law, as well as a proposed formula for apportioning the cost of that qualified general contractor among the various users of the underground facilities constructed; 7) A statement that the utility will participate in good faith in a negotiation conducted by the Town, that includes all of the utilities covered by this bylaw, in which the Town attempts to develop a negotiated coordination plan that is acceptable to each utility and to the Town; 8) A statement that the company's plan will be implemented in a fashion that complies with any alternative coordination plan that may be established by the Town; Such plan must be filed no later December 31 of the calendar year prior to the calendar year in which the first expenditures for the direct cost of demolition and construction are required to made. Negotiated Project Coordination Plan - The Town will review the coordination plans that are included in the cable company plan, electric company plan, and telephone company plan filed with the Board of Selectmen pursuant to this by law. The Town will host a project coordination meeting to be attended by representatives of the Town and each of said utilities, and use reasonable efforts to negotiate project coordination plan that is acceptable to each of said utilities and the Town. The objective of this negotiated coordination plan will be to use a single qualified general contractor to perform the excavation and civil work necessary for the installation of all of the underground facilities, including cable facilities, electric facilities, telephone facilities, and municipal facilities, contemplated by this underground by-law, as well as a proposed formula for apportioning the cost of that qualified general contractor. This negotiated project coordination plan will assume that each utility will directly install and energize its own cable and wire in the conduits and manholes constructed by the qualified general contractor. In negotiating such coordination plan, the Town shall be guided by the objective of achieving efficient coordination among the utilities, a cost effective project, with the minimum disruption of the public way. Qualified General Contractor - A contractor with extensive experience in designing and constructing underground utilities in Massachusetts, as evidenced by letters of recommendation from Massachusetts utilities that have contracted for the services of such qualified general contractor in the past. Statement — Annual statement, timely filed, that is required by section 22D of Chapter 166 of the Massachusetts General Laws, and Section 5B clause 4 of this bylaw. This annual statement must, at a minimum, include the following information regarding the removal of overhead facilities and construction of replacement underground facilities, completed by said utility in the prior calendar year: 1. a) Linear feet of overhead facilities removed; b) Street names on which such removal occurred; c) Direct cost of demolition associated with such removal for the calendar year in question; d) Direct cost of demolition associated with such removal per linear foot of overhead facilities removed; 2. a) Linear feet of underground facilities constructed; b) Street names on which underground construction occurred; c) Direct cost of construction for the calendar year in question; d) Direct cost of construction per linear foot of such construction completed; 3. a) Number of customer service facilities completed; b) Street names on which customer service facilities occurred; c) Direct cost of construction associated with customer service facilities demolition and construction spent in any year prior to the preceding calendar year, which amount was in excess of the 2% of the standard defined in section 22D of Chapter 166 of the General Laws, and which excess amount the utility is allocating as a credit to reduce the dollar expenditures required by this by-law for the direct cost of demolition and construction in the calendar year that is the focus of this financial report; 4. a) The dollar amount of the direct cost of demolition and construction spent in any year prior to the preceding calendar year, which amount was in excess of the 2% of the standard defined in section 22D of Chapter 166 of the General Laws, and which excess amount the utility is allocating as a credit to reduce the dollar expenditures required by this by-law for the direct cost of demolition and construction in the calendar year that is the focus of this financial report; 5. a) Gross Revenues derived from that utility's customers in North Andover in the calendar year preceding the expenditures reported in items 1, 2, and 3 above; b) Representation that the amounts spent by such utility for the direct cost of demolition and construction, as itemized above, in items 1, 2, and 3 plus any credit as described in item 4, equals or exceeds 2% of the gross revenue reported in 5a) above. Section 2. Prohibiting Installation of New Poles and Overhead Wires 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 acress any public way within the parts of the Town listed in Section 3. 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 3. Applicability of Section 2 applies to the following parts of Town: A. Any new public way approved by the Planning Board to the extent it is exclusively situated in an approved residential or non-residential subdivision. B. Any way in which the wires and utility facilities are underground as of the effective date of this bylaw. C. Downtown Area: Main Street from Sutton Street to Merrimac Street, including 200 feet from Main Street on the following side streets; Waverley Road, First Street, and Second Street, and on Water Street from Main Street to High Street. D. Old Common Area: along the former Essex Street from Academy Road to Great Pond Road; along Osgood Street from Bay State Road to the intersection of Andover Street. Along Andover Street from Academy Road to the intersection with Chestnut Street, along Massachusetts Avenue from 200 feet northwest of the intersection with Osgood Street through the Old Center to Salem Street and Johnson Street to Milk Street and along Great Pond Road from Academy Road 200 feet to the east toward Stevens Street. [Added by Article 21 2001 Annual Town Meeting. Approved by Attorney General September 12, 2001][Amended May 10, 2004 Annual Town Meeting - Article 34- Approved by Attorney General August 19, 2004] E. Those portions of the Lincoln Line that cross or are within the public way of the Lincoln Line from Dale Street substation South East to the corner of Salem and Foster, South West beyond Raleigh Tavern Lane and from the Woodchuck Hill substation to the corner of Salem and Foster Streets. [Section E -Amended by Article 20 November 17, 2003 Special Town Meeting. Approved by Attorney General January 22, 2004.] Section 4. Violation of Section 2 Any person who installs or constructs and poles and overhead wires and associated overhead structures which are in violation of Section 2 shall be punished by a fine of not less than one thousand ($1,000.00) dollars and not more than five thousand ($5,000.00) dollars. Any person who fails to remove immediately any poles and overhead associated overhead structures which are in violation of Section 2 shall be punished by a fine of not less than one thousand ($1,000.00) dollars and not more than five thousand ($5,000.00) dollars for each consecutive fifteen day period during which the failure continues. Section 5. Removal of Existing Poles and Overhead Wires A. Any utility presently owning or operating poles and overhead wires and associated overhead structures along or across any public way within the parts of the Town listed in Section 3 on May 3, 1999 shall begin to remove such poles and overhead wires and associated overhead structures following the effective date of this bylaw in accordance with M.G.L. Chapter 166, Section 22D. In preparation for making the minimum expenditures required by Section 5A, each utility covered by this bylaw, shall, file with the Board of Selectmen the petition as required by Section 22 of Chapter 166 of the Massachusetts General Laws, and by Section 513, clause (1) of this bylaw, and also file the plan as required by Section 22D of Chapter 166 of the Massachusetts General Laws, and by Section 5B clause (2) of this bylaw. In order to enable the Town to monitor compliance with this bylaw, each utility covered by this bylaw shall file the statement with the Board of Selectmen, that is required by Section 22D of Chapter 166 of the Massachusetts General Laws, and Section 513, clause (4) of this bylaw. Any petition, plan, or statement filed by a utility pursuant to this bylaw must meet the minimum content requirements and timely filing requirements defined in this bylaw. [Amended by Article 20 2001 Annual Town Meeting. Approved by Attorney General September 12, 2001] B. Any utility that fails to remove any poles or overhead wires and associated overhead structures required to be removed; pursuant to Section 5A of this bylaw shall be punished by fine of not less than one thousand ($1,000.00) dollars and not more than five thousand ($5,000.00) dollars for each consecutive fifteen day period during which such failure continues; provided however, that no utility shall have been deemed to have violated this bylaw, 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 sixty (60) days after the effective date of this bylaw, petition the Board of selectmen pursuant to Section 22 of Chapter 166 of the General Laws for permission to install, erect, or construct under the public ways replacement facilities for such poles and overhead wires and associated structures; and 2) The utility shall file with the Board of Selectmen a plan (which shall be consistent with Section 5A of this bylaw), for continuation of its service, for their replacement with underground facilities; and 3) In each calendar year beginning with the calendar year next following the effective date of this bylaw and until all such poles and overhead wires and associated overhead structures shall have been removed, 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 two percent (2%) of its gross revenues derived during the next preceding calendar year from its customers in the Town of North Andover; and 4) The utility shall, on or before the last day of March in each year, file with the Board of Selectmen 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 during the immediately preceding calendar year; provided, however, that no utility which enters into a cooperation agreement under Section 22E of Chapter 166 of the General Laws shall be deemed to have violated this bylaw during the term such payments are to be made, so long as said utility shall not be in default of said cooperation agreement. C. Notwithstanding the effective date of this bylaw, any utility may, in its sole discretion, cooperate with the Town's plans for early construction and may commence the removal of its poles, overhead wires and associated overhead structures and proceed to perform the undergrounding work following this bylaw's adoption and prior to its effective date. Any such early cooperation by any utility will be subject to the utility's rights to recover its expenditures and impose and collect a billing surcharge under M.G.L. Chapter 166, Sections 2D and 22M. Section 6. Installation of Customer's Service Facilities Any utility providing underground replacement facilities pursuant to this bylaw, shall also install customer's service facilities as defined by Section 22I of chapter 166 of the General Laws. Such installation of customer's service facilities shall be incorporated into the plan filed with board of selectmen pursuant to Section 5B clause (2) of this bylaw, and the cost associated with such installation of customer's service facilities shall be included in the report of direct cost of demolition and construction reported to the board of selectmen pursuant to Section 5B clause (4) of this bylaw. It is the intent of this Section that the cost of the installation of customer service facilities shall be reimbursed to the utility through the 2% surcharge contemplated by section 22D of Chapter 166 of the General Laws. Section 7. Severability If any provision of this bylaw is determined to be invalid, such determination shall not affect the validity of the other provisions of this bylaw, which other provisions shall remain in full force and effect.