HomeMy WebLinkAbout2006 ATM-ARTICLE 44-FORM 2-#4-COMPARE-UNDERGROUND UTILITIES OF NORTH qti
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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 iswas the text of Chapter 170 —
Underground Utilities of the General Bylaws for the Town of North Andover
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N °. o May 8, 2006, ne 5, 406 " ,
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 across 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.-E d----Ju- ,
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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]
D. 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.