§ 39-2-15.1 - Temporary removal of wires and supporting fixtures by nonprofit housing development corporation.
SECTION 39-2-15.1
§ 39-2-15.1 Temporary removal of wires andsupporting fixtures by nonprofit housing development corporation. – (a) Whenever, in order to move a building to be used as affordable housing forlow and moderate income persons for a period of not less than ten (10) years, anonprofit housing development corporation desires that the pipes, mains, poles,wires, conduits or fixtures, of a public utility be cut, disconnected, orremoved, the public utility shall cut, disconnect, or remove the same at itsown expense.
(b) A nonprofit housing development corporation which desiresthe cutting, disconnection, or removal of mains, poles, conduits, wires, orfixtures of a public utility shall give written notification thereof to thecommission and the utility company. The written notification must contain thelocation of the site where the structure is presently located, the location ofthe final destination of the structure, the path of the proposed move,described in reference to the crossings of streets or highways, and the date ofthe required cutting, disconnection or removal.
(c) Upon receipt of the written notification described insubsection (b) of this section, the commission shall promptly determine whetherthe applicant is a nonprofit housing development corporation within the meaningof this chapter, and shall also determine whether the structure to be movedwill be maintained as affordable housing for a period of not less than ten (10)years. A resolution, issued by the board of directors of the nonprofit housingdevelopment corporation and recorded at the land records office of the localityto where the structure is to be moved, stating that the structure will be usedas affordable housing for a period of not less than ten (10) years, shall besatisfactory evidence that the requirements of this section have beensatisfied. If the commission determines that the applicant satisfies therequirements of this section, it shall give notice thereof to the publicutilities and require the applicant to coordinate its building move with thepath(s), date(s) and time(s) as determined by the public utilities; however,the date(s), and time(s) shall be no later than thirty (30) days from the datethe public utilities have received notice of the commission's determination.
(d) If, at any time during the ten (10) year period followingthe cutting, disconnection, or removal of the pipes, mains, poles, wires,conduits, or fixtures of a public utility, the nonprofit housing developmentcorporation shall utilize the structure for any purpose other than affordablehousing, the nonprofit housing development corporation shall reimburse thepublic utility for the cost of the cutting, disconnection, or removal of thesame.