Windsor Municipal Code Art. 1 Definitions; Removal; Districts

As used in this chapter:

Commission shall mean the Public Commission of the State.

Person shall mean individuals, firms, corporations, partnerships and their agents and employees.

Poles, overhead wires and associated overhead structures shall mean poles, towers, supports, wires, conductors, guy stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments and appurtenances located above ground within a district and used or useful in supplying electric, communication or similar or associated service.

Underground utility district or district shall mean that area in the Town within which poles, overhead wires and associated overhead structures are prohibited as such area is described in a resolution adopted pursuant to the provisions of Section 15-3-110.

Utility shall mean all persons or entities supplying electric, communication or similar service by means of electrical materials or devices.

The Town Council may from time to time call public hearings to ascertain whether the public necessity, health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures within designated unincorporated areas of the Town and the underground installation of wires and facilities for supplying electric, communication, or similar or associate service. The Clerk shall notify all affected property owners as shown on the last equalized assessment roll and utilities concerned by mail of the time and place of such hearings at least ten (10) days prior to the date thereof. Each such hearing shall be open to the public and may be continued. At each such hearing all persons interested shall be given an opportunity to be heard. The decision of the Board shall be final and conclusive.

If, after any such public hearing, the Town Council finds that the public necessity, health, safety or general welfare requires such removal and such underground installation within a designated area, the Council, by resolution, shall declare such designated area an underground utility district and order such removal and underground installation. Such resolution shall include a description of the area comprising such district and shall fix the time within which such removal and underground installation shall be accomplished and within which affected property owners must be ready to receive underground service. A reasonable time shall be allowed for such removal and underground installation, having due regard for the availability of labor, materials and equipment necessary for such removal and for the installation of such underground facilities as may be occasioned thereby.