Windsor Municipal Code Art. 2 Unlawful Acts; Exceptions

Whenever the Council creates an underground utility district and orders the removal of poles, overhead wires and associated overhead structures, therein as provided in Section 15-3-110, it shall be unlawful for any person or utility to erect, construct, place, keep, maintain, continue, employ or operate poles, overhead wires and associated overhead structures in the district after the date when such overhead facilities are required to be removed by such resolution, except as such overhead facilities may be required to furnish service to an owner or occupant of property prior to the performance by such owner or occupant of the underground work necessary for such owner or occupant to continue to receive utility service as provided in Section 15-3-310, and for such reasonable time required to remove such facilities after the work has been performed, and except as otherwise provided in this chapter.

Notwithstanding the provisions of this chapter, overhead facilities may be installed and maintained for a period, not to exceed ten (10) days, without authority of the Town Council in order to provide emergency services. The Council may grant special permission, on such terms as the Council may deem appropriate, in cases of unusual circumstances, without discrimination as to any person or utility, to erect, construct, install, maintain, use or operate poles, overhead wires and associated overhead structures.

The chapter and any resolution adopted pursuant to Section 15-3-110 shall, unless otherwise provided in such resolution, not apply to the following types of facilities:

a. Any municipal facilities or equipment installed under the supervision and to the satisfaction of the Director of Public Works.

b. Poles or electroliers used exclusively for street lighting.

c. Overhead wires (exclusive of supporting structures) crossing any portion of a district within which overhead wires have been prohibited, or connecting to buildings on the perimeter of a district, when such wires originate in an area from which poles, overhead wires and associated overhead structures are not prohibited.

d. Poles, overhead wires and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of thirty-four thousand five hundred (34,500) volts.

e. Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and extending from one (1) location on the building to another location on the same building or to an adjacent building without crossing any public street.

f. Antennae, associated equipment and supporting structures, used by a utility for furnishing communication services.

g. Equipment appurtenant to underground facilities, such as surface mounted transformers, pedestal mounted terminal boxes and water cabinets, and concealed ducts.

h. Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction projects.