[Code 1974, § 126-5]
(a)
No person shall use the public rights-of-way to provide telecommunications services without a permit issued pursuant to this article or a consent agreement under § 70-182(3) of this article. For purposes of this article, use of the public rights-of-way includes the installation, construction, maintenance, repair, or operation of a telecommunications system within the public rights-of-way.
In addition, a person providing local exchange service or other local telecommunications services is using the public rights-of-way for purposes of this article whether such person owns the facilities in the public rights-of-way outright or obtains the use of or access to the facilities from a third party under lease, contract, interconnection, or wholesale or retail or other similar arrangement, or acts as a reseller of telecommunications services. Failure to comply with the permit requirement of this section shall constitute a violation of this article. A person who violates this requirement shall comply with all requirements of this article applicable to a permittee and shall pay the annual fee plus late payment charges as provided by § 70-185 for the time period in which the violator did not have a permit plus the actual costs incurred by the Township in enforcing this article against the person.
(b)
If a telecommunications provider negotiates a consent agreement with the Township under the provisions of § 70-182(3), and the Township determines that the consent agreement substantially satisfies the obligations of a telecommunications provider under this article, giving due regard to any special circumstances involving the telecommunications provider, the consent agreement will be deemed to satisfy the requirement of a permit under this article and under the Michigan Telecommunications Act (MCL § 484.2101 et seq.). When a consent agreement is no longer in effect, the telecommunications provider shall be required to comply with all terms and conditions of this article as it may be amended from time to time.
[Code 1974, § 126-2]
The issuance of a permit or permits under this article and the
access to and use of the public rights-of-way by a telecommunications
provider shall not constitute a waiver of or otherwise adversely affect
the following reserved rights:
(1)
Right to require franchise. Article VII, § 29 of the 1963
Michigan Constitution requires that all public utilities obtain a
franchise to conduct a local business within the Township. The applicability
of this requirement to telecommunications providers may be challenged
under § 102(dd) of the Michigan Telecommunications Act (MCL
§ 484.2102(dd)) which purports to define telecommunications
services as not constituting public utility services. Due to this
and other legal and regulatory issues, and to avoid the expense and
delay of litigation that may be unnecessary, the Township hereby determines
that telecommunications providers shall not be required at this time
to obtain franchises for the transaction of local business within
the Township. Telecommunications providers shall be required to obtain
and maintain a permit for access to and ongoing use of the public
rights-of-way and to otherwise comply with the terms of this article.
Such a permit shall not constitute a franchise. The Township reserves
the right to require telecommunications providers to obtain a franchise
in the future to transact local business within the Township. The
permittee shall not provide cable service without obtaining a franchise
from the Township.
(2)
Rights regarding takings claim. Certain cable or telecommunications providers have initiated or supported legal proceedings in which they contend that federal law grants them the right to physically occupy the rights-of-way and other property of a municipality for the purpose of providing telecommunications service without compensating the municipality for the use or value of the property so occupied or the cost of acquiring and maintaining such property. Municipalities dispute that claim. The Township believes that if such a claim were sustained it would, among other things, constitute an unlawful taking by the United States in violation of the Fifth Amendment of the United States Constitution. The legal issues involved in such disputes have not been finally decided. The Township desires to act on applications for permits granting access to its public rights-of-way at this time rather than wait for determination of these issues, provided this can be done without waiver or loss of any rights of the Township or a permittee. Therefore, notwithstanding any other provision hereof, a permittee is not precluded by this article from seeking relief from the fee provisions of § 70-185 from any court or agency of competent jurisdiction. If a permittee seeks such relief, the Township reserves the right to assert a takings claim and to take all action it deems necessary in support thereof. Neither this article nor the issuance or acceptance of a permit under this article constitutes or will be claimed to constitute a waiver or relinquishment of any rights or defenses of either the Township or the permittee in connection with these disputed issues, and the acceptance of a permit constitutes an acknowledgment and agreement thereto by the permittee.
(3)
Option to obtain consent agreement. The Township finds that legislative,
legal, and regulatory issues in connection with use of the public
rights-of-way by telecommunications providers and the resulting potential
for litigation and delay are likely to have an adverse impact on the
development of a healthy, competitive telecommunications infrastructure
in the community. This would be detrimental to the Township and its
residents as well as to telecommunications providers. The issues affect,
among other things, both the cost to telecommunications providers
and compensation to the Township for the maintenance and use of its
public rights-of-way. In order to promote certainty, encourage competition
and avoid litigation, the Township will, at the request and sole option
of an applicant or permittee, consider entering into a consent agreement
for use of the public rights-of-way for the provision of telecommunications
services on terms and conditions mutually acceptable to the Township
and the telecommunications provider. It is the Township's intent
that such an agreement would satisfy the requirement for a permit
under this article and would include, among other things, a fee of
up to 5% of the applicable gross revenues of the telecommunications
provider, which would include the permit fee; an extended term of
up to 15 years; authorization to conduct a local business in the Township
pursuant to Article VII, § 29 of the 1963 Michigan Constitution;
and a covenant to abide by the terms of the agreement as a compromise
of disputed issues and uncertain outcomes, notwithstanding the resolution
of these legislative, regulatory and legal requirements in the future.
A permittee may request a consent agreement at any time.
[Code 1974, § 126-3]
Annual maintenance permits issued to a telecommunications provider
shall not be renewed upon expiration. Upon expiration of the annual
maintenance permit, telecommunications providers shall be required
to comply with all terms and conditions of this article as it may
be amended from time to time.
[Code 1974, § 126-6]
(a)
Application. A telecommunications provider shall apply for a permit
pursuant to this article. The application shall be made on an application
form provided by the Township. 14 copies of the application shall
be filed with the Township Clerk and two additional copies each shall
simultaneously be filed with the Township Attorney.
(b)
Required information. In addition to other information required by
the application form or otherwise required by the Township or this
article, the application shall include, without limitation, the following
information:
(1)
The name and address of the applicant and each person exercising
control over the applicant, and if the applicant or any person or
persons exercising control is not a natural person, each of its officers,
directors, stockholders beneficially holding more than 5% of the outstanding
voting shares, general partners, and limited partners holding an equity
interest of more than 5%.
(2)
Copies of the most recent financial statements of the applicant.
(3)
A description of the applicant's existing and proposed
telecommunications system and telecommunications services in the Township,
the types of existing and proposed wires and other facilities in the
public rights-of-way, and a statement whether such facilities are
owned by the applicant or if not owned by the applicant, a copy of
the agreement or legal instrument granting the applicant the right
to the use of or access to such facilities.
(4)
A map setting forth the specific location of the facilities
in the public rights-of-way. The map shall identify the location of
aboveground and underground facilities. The map shall be a detailed
plan of the proposed work with the locations of all underground and
overhead utilities prepared and sealed by a registered land surveyor
or registered professional engineer. Additional information to include
maintenance of traffic shall be included. Such plans shall be on twenty-four-inch
by thirty-six-inch bond paper and shall be accompanied by a computer
diskette or compact disc of the drawing in AutoCAD format compatible
with the Township's geographic information system. All plans
shall be submitted to the office of engineering for review.
(c)
Application fee. The application will be accompanied by a nonrefundable
application fee in an amount established by resolution of the Township
Board. The nonrefundable application fee shall be designed to reimburse
the Township for the costs of reviewing an application for a permit
and issuance of a permit in accordance with the procedures of this
article.
(d)
Administrative completeness. An application shall not be deemed to
be filed for purposes of the ninety-day permit application review
period in § 251(3) of the Michigan Telecommunications Act
(MCL § 484.2251(3)) unless and until the application is
determined by the Township Clerk to be administratively complete.
A determination whether the application is administratively complete
shall be made by the Township Clerk within 10 business days after
the application is received by the Township. If the Township Clerk
determines that the application is not administratively complete,
the Township Clerk shall so advise the applicant in writing and shall
identify the items which must be furnished by the applicant for an
administratively complete application.
(e)
Additional information. The Township Clerk may request an applicant to submit such additional information that the Township Clerk deems reasonably necessary or relevant to review the application. The applicant shall comply with all such requests in compliance with reasonable deadlines for such additional information established by the Township Clerk. If the applicant fails to provide the requested additional information by the deadline established by the Township Clerk, the ninety-day period for acting on the application under subsection (g) of this section shall be extended by the number of days after the deadline that the information was provided to the Township Clerk.
(f)
Misleading statements. A person who provides information to the Township in connection with a permit application or any other matters under this section that contains an untrue statement of a material fact or omits a material fact necessary to make the information not misleading shall be in violation of this article and shall be subject to all remedies for violation of this article and the Township Code including, without limitation, denial of the requested action and permit revocation pursuant to § 70-190. Each day that a person fails to correct an untrue statement of a material fact or the omission of a material fact necessary to make the information not misleading shall constitute a separate violation of this article.
(g)
Permit approval or denial. Within 30 days after the Township Clerk determines that the application is administratively complete, subject to any adjustments for delays in providing additional information as provided in subsection (e) of this section, the Township Planning Commission shall review the application and all submitted material and make a recommendation to Township Board. Within 75 days after the Township Clerk determines that the application is administratively complete, subject to any adjustments for delays in providing additional information as provided in subsection (e) of this section, the Township Board shall hold a public hearing on the application. Notice of the public hearing shall be published in a newspaper in general circulation not less than 10 days before the public hearing. Notice of the public hearing shall also be mailed to the applicant not less than 10 days before the public hearing. Any report or recommendation on the application obtained or prepared by the Township Clerk and/or the Township Planning Commission shall be mailed to the applicant not less than 10 days before the public hearing. The applicant and any other interested parties may appear in person, by agent, or by letter at such hearing to submit comments on the application.
Following the public hearing, the Township Board shall approve, approve with conditions, or deny the application within 90 days after the Township Clerk determines that the application is administratively complete pursuant to subsection (d) of this section, subject to any adjustments for delays in providing additional information as provided in subsection (e) of this section. The Township Board shall not unreasonably deny an application for a permit. The failure of the Township to comply strictly with the procedural requirements of this section for the review of permit applications shall not invalidate the decision or proceedings of the Township.
(h)
Conditions. The Township Board may impose conditions on a permit
to protect the public health, safety, and welfare. Without limitation,
these conditions may include the posting of a bond by the telecommunications
provider in an amount that shall not exceed the reasonable cost to
ensure that the public rights-of-way are returned to their original
condition during and after the telecommunications provider's
access and use.
(i)
Modification. The Township Board may, in its discretion, grant a modification of a specific requirement of § 70-186, 70-187, 70-188, or 70-217 if the applicant requests such modification in its application for a permit and if the applicant demonstrates that there are exceptional or extraordinary circumstances that warrant a modification, the modification will not be detrimental to the public health, safety, and welfare, and the modification will not impair the intent and purposes of this article and its several sections. The application shall describe the applicant's request for a modification and the reasons for the request with specificity. A modification granted by the Township Board pursuant to this section shall expire upon the expiration of the permit or earlier if so determined by the Township Board. A modification shall modify only those requirements expressly set forth in the approval of the Township Board and shall not modify any other provisions of this article. If a request for a modification is denied by the Township Board the telecommunications provider shall comply with all requirements of this article without exception.
(j)
Waiver. The Township Board shall grant a waiver of any requirement of this article if an applicant or permittee requests a waiver and the Township Board finds that unless waived the requirement will prohibit or have the effect of prohibiting the ability of the applicant or permittee to provide any telecommunications service within the meaning of § 253(a) of the Federal Telecommunications Act, 47 USC 253(a), the requirement is not within the scope of any state or local authority referenced in § 253(c) of the Federal Telecommunications Act, 47 USC 253(c), and the requirement is not necessary to protect the public safety and welfare or safeguard the rights of consumers. A request for a waiver may be included in an application for a permit. A request for a waiver shall include a detailed statement of the facts and circumstances forming the basis for the request. If the request is made in connection with an application for a permit, the provisions of subsections (d)—(g) of this section shall apply to the request, except that submission of a request for a waiver shall constitute consent that the time periods provided in subsection (g) of this section for holding a public hearing and acting on an application are extended by 90 days. Subsections (a),(c), and (f) of this section shall apply to a waiver request that is not made in connection with a permit application, and the request may be denied for violation of or failure to comply with any of those provisions. Subsection (g) of this section shall also apply to such a request, with the exception of the seventy-five-day and ninety-day time periods set forth in that subsection, but the Township Board may by resolution establish different or additional procedures for conducting the public hearing and acting on the request.
[Code 1974, § 126-7]
(a)
Establishment of annual fees; payment. In addition to the nonrefundable application fee set forth in § 70-184(c) and any other fees for other permits or authorizations required by the Township Code, the permittee shall pay an annual fee in an amount established by ordinance or resolution of the Township Board. The annual fee may be modified from time to time by ordinance or resolution of the Township Board. The amount of the annual fee shall not exceed the fixed and variable costs to the Township in maintaining the public rights-of-way used by a telecommunications provider unless otherwise permitted by law. The annual fee shall be payable quarterly as follows:
(1)
First quarter, January 1—March 31: April 30.
(2)
Second quarter, April 1—June 30: July 31.
(3)
Third quarter, July 1—Sept. 30: October 31.
(4)
Fourth quarter, Oct. 1—Dec. 31: January 31.
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When a permit is issued during a calendar year, the annual fee
shall be prorated for the balance of the calendar year. In the event
that a quarterly payment is not paid when due, the permittee shall
pay a late payment charge of the greater of $100 or interest at the
rate of 1% over the prime rate then charged by NBD Bank or its successor
bank and computed monthly. A person who violates this article by failing
to obtain a permit shall pay the annual fee plus late payment charges,
as required by this section, for the time period in which the violator
did not have a permit plus the actual costs of the Township in enforcing
this article against the person.
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(b)
Option to pay annual fee based upon gross revenues. If the permittee's activities in the Township will generate gross revenues as defined in § 70-155, the permittee, at its option, may elect to pay an annual fee of 4% of its annual gross revenues as set forth below, in lieu of and in full satisfaction of the annual fee established by the Township Board pursuant to subsection (a) of this section. Permittees may elect this annual fee option only if the resulting annual fee is equal to or greater than the annual fee established by Township Board pursuant to subsection (a) of this section. Permittees may elect this annual fee option for administrative convenience in computing the fee or for any other reason.
(1)
An election shall be made within 45 days of applying for a permit
or at least 60 days before the start of any calendar year after issuance
of a permit.
(2)
Any election, once made, shall continue in effect until the
end of the next three calendar years, such that an election made in
a permit application in 1997 would continue in effect through the
end of the year 2000.
(3)
An election shall be made on a form provided by the Township. Copies of the form shall be submitted in the manner provided in Subsection 70-184(a). The permittee shall supply all information requested on the form and any additional information that the Township Clerk deems reasonably necessary or relevant, including information on affiliates of the permittee relating to the requirements of subsections 70-184(a) and subsections (b)(6),(7), and (c) of this section. After providing notice and an opportunity to be heard the Township may reject or revoke an election for failure to comply with this subsection (b)(3).
(4)
The annual fees shall be paid quarterly by the same due dates
as are set forth in subsection (a) of this section.
(5)
An election shall apply to all affiliates of a permittee. In
making its election, a permittee shall expressly affirm that it has
the authority to bind, and does bind, its affiliates to the obligations
of subsection (b) of this section including subsection (b)(6) and
the audit and records provisions of subsections (b)(7) and (c) of
this section.
(7)
If a permittee or any affiliate of a permittee refuses to pay
the fees due under this option or prohibits or effectively prohibits
the Township from auditing the permittee or its affiliates under subsection
(c) of this section to verify the accuracy of annual fees, then the
Township at its option may revoke the election for all or any portion
of the time period in question. The annual fees computed under subsection
(a) of this section shall then become immediately due and payable,
less a credit for any sums paid by the permittee or its affiliates,
plus the late payment charges set forth in subsection (a) of this
section and any additional sums due under subsection (c) of this section.
(c)
Records. All records, including those of affiliates, reasonably necessary to verify the accuracy of annual fees paid by the permittee under either subsection (a) or subsection (b) of this section shall be made available by a permittee at a location within the Township. The Township, by itself or in combination with other municipalities, reserves the right to audit any permittee (or any affiliate of a permittee) to verify the accuracy of annual fees paid or to be paid to the Township. Any additional amount due the Township shall be paid within 30 days of submission of an invoice. If the additional amount due exceeds 2% of the total annual fee which the audit determines should have been paid for a calendar year, the permittee shall pay the Township's costs in connection with the audit within 30 days of submission of an invoice.
(d)
Other payments. The nonrefundable application fees and the annual
fees established pursuant to this article shall be in addition to
any tax, charge, fee, or payment due, or to become due, to the Township
by a permittee under the Township Code or the laws of the state.
(e)
Misleading statements. A person who provides information to the Township in connection with any matter under this section which contains an untrue statement of a material fact or omits a material fact necessary to make the information not misleading shall be in violation of this article and shall be subject to all remedies for violation of this article and the Township Code including, without limitation, rejection or revocation of an election under subsection (b) of this section and permit revocation pursuant to § 70-190. Each day that a person fails to correct an untrue statement of a material fact or the omission of a material fact necessary to make the information not misleading shall constitute a separate violation of this article.
[Code 1974, § 126-8]
A permit shall remain in effect until December 31 following the tenth anniversary of the issuance of the permit, unless the permit expires pursuant to Subsection 70-187(k) or the permit is earlier revoked pursuant to § 70-190. Applications for renewal of permits shall be filed in the same manner as original applications in § 70-184 and shall be filed with the Township not less than 120 days before the expiration of the permit. The Township expressly reserves all rights to approve, approve with conditions, or deny applications for permit renewals pursuant to this article and to impose additional conditions on renewed permits.
[Code 1974, § 126-9]
(a)
Nonexclusive; additional permits. A permit shall be nonexclusive.
The Township expressly reserves the right to approve, at any time,
additional permits for access to and ongoing use of the public rights-of-way
by telecommunications providers and to enter into agreements and grant
franchises for such access and use. The issuance of additional permits,
entry into agreements, or grant of franchises shall not be deemed
to amend, modify, revoke, or terminate the terms and conditions of
any permits previously issued to telecommunication providers.
(b)
Expansion requests. A permit approved by the Township Board shall
authorize access to and ongoing use of the public rights-of-way described
in the permit, subject to strict compliance with the conditions of
the permit, the requirements of this article, and any other applicable
requirements of the Township Code or applicable state and federal
law. The permittee shall not use any public rights-of-way not expressly
authorized by the permit. Any use of the public rights-of-way, including
any installation, construction, maintenance, repair, or operation
of a telecommunication system within the public rights-of-way, to
provide telecommunications services shall be performed only as authorized
by the permit. A permittee may, however, expand its telecommunications
system to public rights-of-ways not described in its permit by obtaining
approval of an amended permit from the Township. Such approval may
be granted in writing by the Township Board in response to a written
request from the permittee for expansion to specific portions of named
public rights-of-way. The Township Board may establish by resolution
a nonrefundable application fee for such a request. The Township Board
may grant, grant with conditions, or deny such request. The Township
Board shall not unreasonably deny any request. A denial of any request
may be appealed to the Township Board which shall make the final decision.
Any expansion into additional public rights-of-way shall be subject
to all terms and conditions of the original permit and this article
including, without limitation, the application of the annual fee to
the expanded public rights-of-way used by the permittee.
(c)
Construction permit. A permittee shall not commence construction
upon, over, across, or under the public rights-of-way in the Township
without first obtaining a construction permit as required under the
Township Code for construction within the public rights-of-way.
(d)
Lease or use of facilities; overlashing. A permittee shall not lease, sublease, license, or otherwise allow the use of wires, conduit, poles, or facilities in the public rights-of-way by a person who is required to obtain a permit under § 70-181 or is required by law to obtain the Township's permission or consent to transact local business in the Township and who lacks such permit, permission, or consent. A permittee shall not allow the property of a third party or nontelecommunications system wires or any other facilities to be overlashed, affixed, or attached to any portion of a permittee's telecommunications system or allow other actions with a similar result without the written consent of the Township Clerk.
(e)
As built maps. Without expense to the Township, a permittee shall
provide the Township with as-built maps, records, and plans showing
its telecommunications system or portions thereof within the Township,
including those of affiliates used by the permittee, and maps and
descriptive information of facilities of other persons used by the
permittee. The Township Clerk may waive part or all of this requirement
if satisfactory records of the location of the telecommunications
system were previously provided to the Township. The as-built maps,
records, and plans shall be provided within 60 days of the completion
of the telecommunications system and any extensions, additions, or
modifications to the telecommunications system. In addition to the
foregoing, a permittee, without expense to the Township, shall upon
48 hours' notice give the Township access to all as-built maps,
records, plans, and specifications showing its telecommunications
system or portions thereof within the Township. Upon request by the
Township, a permittee shall inform the Township as soon as possible,
but no more than one business day after the request, of any changes
from previously supplied maps, records, or plans and shall mark up
maps provided by the Township so as to show the location of its telecommunications
system. As built plans shall be submitted on mylar (minimum three
mils thick) accompanied by a computer diskette or compact disc of
the drawings in AutoCAD format compatible with the Township's
geographic information system. All plans shall be submitted to the
office of engineering for review.
(f)
No recourse. A permittee shall have no recourse whatsoever against
the Township for any loss, cost, expense, or damage arising out of
the failure of the Township to have the authority to grant all or
any part of a permit or the authority to grant permission to use all
or part of the public rights-of-way. A permittee expressly acknowledges
that on accepting a permit it did so relying on its own investigation
and understanding of the power and authority of the Township.
(g)
No inducement. By acceptance of a permit, a permittee acknowledges
that it has not been induced to obtain the permit by any understanding
or promise or other statement, whether verbal or written, by or on
behalf of the Township or by any third person concerning any term
or condition of a permit not expressed in this article.
(h)
Acceptance of terms and conditions. Permittee acknowledges by the
acceptance of a permit that it has carefully read its terms and conditions
and does accept all of such terms and conditions.
(i)
No priority. A permit does not establish any priority of use of the
public rights-of-way by a permittee over any present or future permittees
or parties having agreements with the Township or franchises for such
use. In the event of any dispute as to the priority of use of the
public rights-of-way, the first priority shall be to the public generally,
the second priority to the Township, the third priority to the state
and its political subdivisions in the performance of their various
functions, and thereafter as between permittees, other permit holders,
parties having agreements with the Township, and franchisees, as determined
by the Township in the exercise of its powers, including the police
power and other powers reserved to and conferred on it by the state.
(j)
Future use by Township. A permittee acknowledges, by accepting a
permit, that it obtains no rights to or further use of the public
rights-of-way other than those expressly granted in this article.
Each permittee acknowledges and accepts as its own risk that the Township
may make use in the future of the public rights-of-way which a permittee
is using or in which a permittee's telecommunications system
is located in a manner inconsistent with the permittee's use
of such public rights-of-way and that in such event the permittee
will not be entitled to compensation from the Township.
(k)
Expiration of permit. Unless the Township grants an extension, a
permit shall expire one year from the date of issuance unless prior
thereto the permittee either commences construction, installation,
or operation of its telecommunications system within the public rights-of-way
authorized by the permit and diligently pursues completion of construction
or installation or commences use of the public rights-of-way to provide
telecommunications services as authorized by the permit.
(l)
Access to telecommunications system. A grantee shall permit connections
to the telecommunications system from any Township buildings, police
stations, fire stations, other public buildings, traffic signals,
each school licensed by the state, and each public library within
500 feet of the telecommunications system for the purpose of obtaining
services on terms and conditions set forth in the permit.
[Code 1974, § 126-10]
(a)
No burden on public rights-of-way. A permittee and its contractors
and subcontractors and a permittee's telecommunications system
shall not unduly burden or interfere with the present or future use
of any of the public rights-of-way within the Township. A permittee
shall erect and maintain its telecommunications system so as to cause
minimum interference with the use of the public rights-of-way and
with the rights and reasonable convenience of property owners. Permittee's
cables and wires shall be suspended or buried so as to not endanger
or injure persons or property in the public rights-of-way. If the
Township in its reasonable judgment determines that any portion of
the telecommunications system constitutes an undue burden or interference,
the permittee at its sole cost and expense shall modify its telecommunications
systems or take such other actions as the Township may determine are
in the public interest to remove or alleviate the burden, and the
permittee shall do so within the time period established by the Township.
(b)
Restoration of property. A permittee and its contractors and subcontractors
shall immediately restore, at the permittee's sole cost and expense
and in a manner approved by the Township, any portion of the public
rights-of-way that is in any way disturbed, damaged, or injured by
the construction, operation, maintenance, or removal of the telecommunications
system to as good or better condition than that which existed prior
to the disturbance. In the event that the permittee, its contractors,
or subcontractors fail to do so within the time specified by the Township,
the Township shall be entitled to complete the work and the permittee
shall reimburse the Township for the costs of doing so.
(c)
Easements. Any easements over or under private property necessary
for the construction or operation of a telecommunications system shall
be arranged and paid for by the permittee. Any use or intrusion on
private property without an easement or other instrument evidencing
permission of the property owner shall constitute a trespass by the
permittee and a violation of this article. Any easements over or under
property owned by the Township other than the public rights-of-way
shall be separately negotiated with the Township.
(d)
Tree trimming. A permittee may trim trees upon and overhanging the
public rights-of-way so as to prevent the branches of such trees from
coming into contact with its telecommunications system. The permittee
shall minimize the trimming of trees to trimming only those trees
that are essential to maintain the integrity of its telecommunications
system. No trimming shall be done in the public rights-of-way without
previously informing the Township. The permittee's right to trim
trees is subject to the supervision of the county road commission
and Township Engineer.
(e)
Pavement cut coordination/additional fees. Open cuts of any pavement
shall generally not be allowed. If expressly permitted in writing
by the Township, state of the art directional boring methods shall
be utilized wherever possible. A permittee shall coordinate all construction
work in the public rights-of-way with the county's program for
street construction, rebuilding, resurfacing, and repair (collectively,
street resurfacing). A permittee shall meet with the official of the
Township primarily responsible for the public rights-of-way at least
twice per year to this end. The goals of such coordination shall be
to require a permittee to conduct all work in the public rights-of-way
in conjunction with or immediately prior to any street resurfacing
planned by the Township or county and to prevent the public rights-of-way
from being disturbed by a permittee for a period of years after such
street resurfacing. In addition to any other fees or payments required
by this article, a permittee shall pay to the county the sum established
by the county's schedule of permit fees for each such cut or
excavation. This fee is in addition to and not in lieu of the obligation
to restore the public rights-of-way and is in addition to all other
fees required by this article or the Township Code.
(f)
Marking. A permittee shall mark any installations of its telecommunications
system which occur after the effective date of this article as follows:
(1)
Aerial portions of its telecommunications system shall be marked
with a marker on its lines on alternate poles which shall state the
permittee's name and provide a toll-free number to call for assistance.
(2)
Direct buried underground portions of its telecommunications
system shall have a conducting wire placed in the ground at least
several inches above the permittee's cable, if such cable is
nonconductive, at least several inches above that a continuous-colored
tape with the permittee's name and a toll-free phone number and
a statement to the effect that there is buried cable beneath, and
stakes or other appropriate aboveground markers with the permittee's
name and a toll-free number indicating that there is buried telephone
cable below.
(3)
Portions of its telecommunications system located in conduit,
including facilities of others used by a permittee, shall be marked
at each manhole with the permittee's name and toll-free telephone
number to call for assistance.
(g)
Compliance with laws. A permittee shall comply with all laws, statutes,
ordinances, rules, and regulations regarding the installation, construction,
ownership, and use of its telecommunications system whether federal
state or local now in force or which hereafter may be promulgated,
including, without limitation, any ordinance requiring the installation
of additional conduit when a permittee installs underground conduit
for its telecommunications system. Before any installation is commenced,
the permittee shall secure all necessary permits, licenses, and approvals
from all appropriate departments, agencies, boards, or commissions
of the Township or other governmental entity as may be required by
law, including, without limitation, all utility line permits and highway
permits. A permittee shall comply in all respects with applicable
codes and industry standards, including, but not limited to, the National
Electrical Safety Code, latest edition, and the National Electric
Code, latest edition. A permittee shall comply with all zoning and
land use ordinances and historic preservation ordinances as may exist
or may hereafter be amended.
(h)
Street vacation. If the Township vacates or consents to the vacation
of public rights-of-way within its jurisdiction, and such vacation
necessitates the removal and relocation of a permittee's facilities
in the vacated right-of-way, the permittee shall, as a condition of
the permit, consent to the vacation and move its facilities at its
sole cost and expense when ordered to do so by the Township or a court
of competent jurisdiction. The permittee shall relocate its facilities
to such alternate route as the Township, acting reasonably and in
good faith, shall designate.
(i)
Relocation. If the Township requests a permittee to relocate, protect,
support, disconnect, place underground, or remove its facilities because
of street or utility work or other public projects, the permittee
shall relocate, protect, support, disconnect, place underground, or
remove its facilities, at its sole cost and expense, to such alternate
route as the Township, acting reasonably and in good faith, shall
designate. The work shall be completed within the time period designated
by the Township.
(j)
Public emergency. The Township shall have the right to sever, disrupt,
dig up, or otherwise destroy facilities of a permittee without any
prior notice if such action is deemed necessary by the supervisor,
Township Clerk, police chief, or Fire Chief or their designees because
of a public emergency. Public emergency shall be any condition which,
in the opinion of any of the officials named, poses an immediate threat
to life, health, or property caused by any natural or manmade disaster,
including, but not limited to, storms, floods, fire, accidents, explosions,
major water main breaks, hazardous material spills, etc. The permittee
shall be responsible for repair at its sole cost and expense of any
of its facilities damaged pursuant to any such action taken by the
Township.
(k)
Miss dig. If eligible to join, a permittee shall subscribe to and
be a member of "MISS DIG," the association of utilities formed pursuant
to Public Act No. 53 of 1974 (MCL § 460.701 et seq.) and
shall conduct its business in conformance with the statutory provisions
and regulations promulgated thereunder.
(l)
Use of existing facilities; undergrounding. To the maximum extent
possible, the telecommunications system shall be placed underground.
To the extent the permittee establishes to the satisfaction of the
Township in the Township's sole discretion that the telecommunications
system cannot be placed underground, the telecommunications system
shall be placed within and along the existing utility facilities of
Detroit Edison Company or Consumers Energy Company. A permittee shall
utilize existing poles, conduits, and other facilities wherever practicable
and shall not construct or install any new, different, or additional
poles or other facilities unless expressly authorized by the permit.
Where utility wiring is located underground, either at the time of
initial construction or subsequent thereto, a permittee's telecommunications
system shall also be located underground unless otherwise expressly
authorized by the permit. All undergrounding shall be at the sole
cost and expense of the permittee.
(m)
Underground relocation. If a permittee has its facilities on poles
of Detroit Edison Company, Consumer's Energy or another public
utility company and Detroit Edison Company, Consumer's Energy
or other public utility company relocates its facilities underground,
the permittee shall relocate its facilities underground in the same
location at permittee's sole cost and expense.
(n)
Pole/conduit license agreement; notification. If a permittee forfeits
or otherwise loses its rights under a pole/conduit license agreement
with Detroit Edison Company, Consumer's Energy or other entity,
then permittee shall notify the Township Clerk in writing within 30
days.
(o)
Identification. All personnel of a permittee and its contractors
or subcontractors who have as part of their normal duties contact
with the general public shall wear on their clothing a clearly visible
identification card bearing their name and photograph. A permittee
shall account for all identification cards at all times. Every service
vehicle of a permittee and its contractors or subcontractors shall
be clearly identified as such to the public with the permittee's
name and telephone number.
(p)
911 emergency service. As a condition of a permit, a permittee providing
local exchange service shall provide 911 service within the Township
in accordance with the provisions of the applicable 911 service plan
and the rules and orders of the Michigan Public Service Commission.
[Code 1974, § 126-13]
A permittee shall not assign or transfer a permit or any of
its rights under a permit, in whole or in part, voluntarily, involuntarily,
or by operation of law, including by merger or consolidation or by
other means, nor shall there be a transfer of control of a permittee
or its business without the prior written consent of the Township,
which shall not be unreasonably withheld. The permittee shall reimburse
the Township for reasonable, actual costs incurred in the review of
a request by the permittee for consent to an assignment or transfer
of the permit or a transfer of control of a permittee or its business.
Notwithstanding anything in this section to the contrary, the permittee
may grant a security interest in its rights under a permit in favor
of a third party without first obtaining the consent of the Township.
If a permit or any rights thereunder is assigned or transferred in
whole or in part with the approval of the Township, the terms and
conditions of the permit and of this article shall be binding upon
the successors and assigns of the permittee.
[Code 1974, § 126-14]
(a)
In addition to all other rights and powers reserved or pertaining
to the Township, the Township reserves as an additional separate and
distinct remedy the right to revoke a permit and all rights and privileges
of a permittee in any of the following events or for any of the following
reasons:
(2)
A permittee becomes insolvent, unable or unwilling to pay its
debts, or is adjudged bankrupt;
(3)
All or part of a permittee's facilities are sold under
an instrument to secure a debt and are not redeemed by the permittee
within 90 days from such sale;
(5)
The Township condemns all of the property of a permittee within
the Township by the lawful exercise of eminent domain;
(6)
A permittee abandons its telecommunication system or fails to
seek renewal of its permit;
(7)
A permittee fails to pay any fines due for violations of this
article;
(8)
A permittee fails to pay any civil fines imposed by a court
of competent jurisdiction, such as pursuant to an ordinance providing
for civil infractions; or
(9)
The Township provides for termination, with or without cause,
by delivering notice at least 60 days prior to the effective date
of such termination.
(b)
No revocation, except for reason of condemnation, shall be effective
unless the Township Board shall have adopted a resolution setting
forth the reason for the revocation and the effective date, which
resolution shall not be adopted without 60 days prior notice to the
permittee and a hearing at which the permittee receives rudimentary
due process.
[Code 1974, § 126-15]
(a)
Removal; underground. Upon revocation of a permit, or upon expiration
of a permit if the permit is not renewed, the permittee may remove
any underground cable from the public rights-of-way which has been
installed in such a manner that it can be removed without trenching
or other opening of the streets along the extension of cable to be
removed. Except as otherwise provided, the permittee shall not remove
any underground cable or conduit which requires trenching or other
opening of the public rights-of-way along the extension of cable to
be removed. The permittee shall remove, at its sole cost and expense,
any underground cable or conduit which is ordered to be removed by
the Township based upon a determination, in the sole discretion of
the Township, that removal is required in order to eliminate or prevent
a hazardous condition or promote future utilization of the streets
for public purposes. Any order by the Township to remove cable or
conduit shall be mailed to the permittee not later than 30 calendar
days following the date of revocation or expiration of the permit.
A permittee shall file written notice with the Township Clerk not
later than 30 calendar days following the date of expiration or termination
of the permit of its intention to remove cable and a schedule for
removal by location. The schedule and timing of removal shall be subject
to approval and regulation by the Township. Removal shall be completed
not later than 12 months following the date of revocation or expiration
of the permit. Underground cable and conduit in the public rights-of-way
which is not removed within such time period shall be deemed abandoned
and, at the option of the Township, title shall be vested in the Township.
For purposes of this subsection, the term "cable" means any wire,
coaxial cable, fiber optic cable, feed wire, or pull wire.
(b)
Removal; aboveground. Upon revocation of a permit, or upon expiration
of a permit if the permit is not renewed, a permittee, at its sole
cost and expense, shall, unless relieved of the obligation by the
Township, remove from the public rights-of-way all above ground elements
of its telecommunication system, including, but not limited to, poles,
pedestal-mounted terminal boxes, and lines attached to or suspended
from poles.
(c)
Permits; restoration; completion. A permittee shall apply for and
obtain such encroachment permits, licenses, authorizations, or other
approvals and pay such fees and deposit such security as required
by applicable laws or ordinances of the Township, shall conduct and
complete the work of removal in compliance with all such applicable
laws or ordinances, and shall restore the public rights-of-way to
the same condition they were in before the work of removal commenced.
