[Adopted 2-25-2015 by Ord. No. 317 as Ch. 28, Art. III, of the 2015 Pittsfield
Charter Township Code]
For purposes of this article, the following words shall have
the meanings respectively ascribed to them by this section:
A person or entity required to obtain a permit under this
article.
The document prepared by the Township which is submitted
by an applicant for a permit under this article.
The Local Community Stabilization Authority.
One-way transmission to subscribers of video programming
or other programming services and subscriber interaction for the selection
of video programming or other programming services.
The Public Service Commission.
A corporation (public and private), partnership, association,
joint venture, unincorporated organization, municipality (other than
Pittsfield Charter Township), or other business form.
An applicant who is using the public rights-of-way on the
effective date of this article.
Any plant, works, systems, improvements, structure, and equipment
owned, leased or used by a person or entity, including poles, wires,
fixtures, pipes, underground circuits, conduits and other property
used or installed in the public rights-of-way, which is necessary
or convenient for the transmission and distribution of services or
energy by means of lines, pipes or similar structures.
All laws enacted by the Township which include, but are not
limited to, building, electrical, plumbing, mechanical and maintenance
codes, fire code, zoning ordinances, and all duly promulgated regulations,
rules and fee schedules.
The document issued by the Township pursuant to this article
which provides the Township's nonexclusive, revocable consent
to use the public rights-of-way within the corporate limits of the
Township.
The person or entity granted a permit.
Highways, streets, alleys, municipal easements, or other
public places within the corporate limits of the Township.
A person designated by the Township Board of Trustees to
review the application and run the day-to-day operations of the Utility
Department and oversee the use of the public rights-of-way.
An activity which is required by federal or state law to
obtain the consent of the Township to use the public rights-of-way
and shall include, by way of illustration and not limitation, electricity,
gas, telephone, telegraph, potable water, sanitary and storm sewer,
and cable service ("television").
Includes regulated and unregulated services offered to customers
for the transmission of two-way interactive communication and associated
usage, but does not include cable service ("television").
Pittsfield Charter Township, a Michigan municipal corporation,
situated in the County of Washtenaw, Michigan.
The legislative body of the Township.
A person designated by the Township Board of Trustees to
review the application and advise the Township on engineering matters.
The purpose of this article is to regulate access to, activities
within, and use of public rights-of-way to ensure and protect the
public health, safety, and welfare by exercising reasonable control
over certain activities within the public rights-of-way:
A.
To provide for the public peace and health and for the safety of
persons and property within the public rights-of-way.
B.
To prescribe the terms and conditions upon which a permit to use
the public rights-of-way may be granted, suspended, or revoked.
C.
To promote aesthetics, reliable services and efficient, economical
use of the public rights-of-way.
D.
To provide for the orderly construction, installation, operation,
and removal of fixtures within the public rights-of-way.
E.
To minimize disruption caused by installation, operation, use and
removal of fixtures within the public rights-of-way.
F.
To provide sound and reasonable engineering standards to facilitate
the present and future use of the public rights-of-way.
G.
To ensure the Township and public are protected from liability for
use of the public rights-of-way.
H.
To provide bonds to ensure that the rights-of-way, municipal easements,
or public places are returned to its original condition during and
after the permittee's access and use.
I.
To establish reasonable classifications of uses within the public
rights-of-way.
J.
To require and exact payment of such reasonable sums for the permit
as deemed proper.
K.
To provide information to permittee concerning the public rights-of-way
and provide for a fair and nondiscriminatory policy for permitting
the use of the public rights-of-way.
The authorization granted by the Township under this article
is the nonexclusive, revocable right of a permittee to use the public
rights-of-way within the corporate limits of the Township as designated
in a permit.
This article is intended to provide authorization to use the
public rights-of-way and is not intended to grant a franchise to transact
business in the Township, as required by Article VII, Section 29 of
the Michigan Constitution of 1963.
A.
A permittee shall not install, construct, maintain, repair, or operate
a system within the public rights-of-way or within any public place
under the control and jurisdiction of the Township without authorization
issued pursuant to this article, except as otherwise permitted by
law. Such persons and entities shall include those persons or entities
required to obtain the consent of the Township to use the public rights-of-way
pursuant to Article VII, Section 29 of the Michigan Constitution of
1963; Metropolitan Extension Telecommunications Rights-of-Way Oversight
Act, being MCL 484.3101 et seq.; or other federal or state statutes,
rules or regulations and shall include, by way of illustration and
not limitation, providers of electricity, gas, telephone, telegraph,
cable service (television), potable water, storm and sanitary sewers,
other than owned or managed by the Township.
C.
For purposes of this article, a person or entity is using the public
rights-of-way if facilities in the public rights-of-way are used by
the person or entity and federal, state or local law requires that
person or entity to obtain the consent of the Township to conduct
or transact business in the Township.
D.
For purposes of this article, a person or entity is using the public
rights-of-way whether such person owns the facilities in the public
rights-of-way outright or obtains the use of the facilities from a
third party under lease, contract or other arrangement.
E.
References to the Metropolitan Extension Telecommunications Rights-of-Way
Act and the fees and permits contained therein are intended to apply
only to telecommunication providers. Except as otherwise required
by law, fees and permits for other uses of rights-of-way shall be
as determined by the Township Board of Trustees.[1]
A.
A permittee shall apply for a new, renewed or amended permit to install,
construct, expand, extend, maintain, repair or operate a system pursuant
to this article. The application shall be made on an application form
provided by the Township. The application shall be filed in triplicate
with the Township Clerk. As used in this section, "maintain" and "repair"
do not include routine or emergency repair or maintenance work on
lines, wires, conduits or other facilities which were previously placed
in the public rights-of-way under an authorization or which were placed
in the public rights-of-way by an existing provider prior to the effective
date of this article, provided such work does not involve replacement
of more than minimal lengths of lines, wires, conduits or other facilities.[1]
B.
The application will be accompanied by a nonrefundable application
fee established by MCL 484.3106, for applications by telecommunication
providers, or established by the Township Board of Trustees for all
other applications.[2]
C.
The Township Board of Trustees shall approve or deny access to the
public rights-of-way within 45 days from the date a completed application
for a permit is filed with the Township Clerk. Within 30 days after
the application is received by the Township Clerk, the Public Utility
Director and Township Engineer will determine whether the application
is complete, or whether additional information is required to process
the application. If additional information is required, the applicant
shall be informed in writing of the additional information or materials
requested by the Township.
D.
Before acting on the application, the Township Board of Trustees
may hold a public hearing in which event notice of the public hearing
shall be published in a newspaper of general circulation and 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.
E.
Before acting on the application, the Public Utility Director and
Township Engineer may submit a report and/or proposed permit to the
Township Board of Trustees for its review, a copy of which shall be
mailed to the applicant. The Township Board of Trustees shall not
unreasonably deny an application for a permit. Except as otherwise
provided by law, the failure of the Township to comply strictly with
the procedural requirements of this section shall not invalidate the
decision or proceedings of the Township.
F.
The Township Board of Trustees may impose reasonable conditions on
the use of the public rights-of-way to ensure the public health, safety
and welfare. Without limitation, these conditions may include the
posting of a bond which shall not exceed the reasonable cost to ensure
that the right-of-way is returned to its original condition during
and after permittee's access and use. An irrevocable letter of
credit may be provided in lieu of a bond. All bonds and letters of
credit shall be in a form acceptable to the Township Attorney.
G.
The constructions plans submitted by applicant shall be approved,
signed and dated by the Public Utility Director, Township Engineer
and Township Supervisor, filed with the Township Clerk and incorporated
by reference into the permit.
A.
This article shall apply to all existing providers not in possession
of a previously issued permit on and after the effective date of this
article in the same manner as those provisions apply to permittees,
except as specifically provided otherwise for existing permittees.
B.
All existing providers shall file an application with the Township
Clerk within six months after the effective date of this article on
a form prepared by the Township.
D.
Unless exempt under MCL 484.3105(3), an application will be accompanied
by a nonrefundable application fee in an amount established by the
Local Community Stabilization Authority or Township Board of Trustees.[2]
E.
Before acting on the application, the Township Board of Trustees
may hold a public hearing in which event notice of the public hearing
shall be published in a newspaper of general circulation and 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.
F.
Before acting on the application, the Public Utility Director and
Township Engineer may submit a report and/or proposed permit to the
Township Board of Trustees for its review, a copy of which shall be
mailed to the applicant. The Township Board of Trustees shall not
unreasonably deny an application for a permit. Except as otherwise
provided by law, the failure of the Township to comply strictly with
the procedural requirements of this section shall not invalidate the
decision or proceedings of the Township.
G.
The Township Board of Trustees may impose reasonable conditions on
the use of the public rights-of-way to ensure the public health, safety
and welfare. Without limitation, these conditions may include the
posting of a bond which shall not exceed the reasonable cost to ensure
that the right-of-way is returned to its original condition during
and after permittee's access and use. An irrevocable letter of
credit may be provided in lieu of a bond. All bonds and letters of
credit shall be in a form acceptable to the Township Attorney.
H.
The construction plans submitted by applicant shall be approved,
signed and dated by the Public Utility Director, Township Engineer
and Township Supervisor, filed with the Township Clerk and incorporated
by reference into the permit.
A.
A permit and the rights, privileges, authority and responsibilities
established by such permit shall take effect and be in force only
after acceptance by the applicant and approval by the Township Board
of Trustees. A permit shall take effect and be in force for the term
established in the permit if, within 30 days after the date of the
Township Board of Trustees' approval of the permit, applicant
files with the Township Clerk all required letters of credit, bonds,
and certificates of insurance. If applicant fails to comply with all
the requirements of this section, including the thirty-day time limit,
the permit shall be null and of no effect, and the applicant shall
acquire no rights whatsoever from the Township. For purposes of this
subsection only, "applicant" means a person or entity for whom a permit
has been approved by the Township Board of Trustees.
B.
The term of a permit granted under this article shall be for a period
not exceeding two years and end December 31 following the first 12
months ("original term"). Upon expiration of the original term, the
permit shall automatically renew on a year-to-year basis (renewal
periods) until the termination date specified in the permit, provided
permittee is in full compliance with the terms of the permit, this
article and all sums due Township are paid in full.
C.
Applications to extend the term of a permit past the termination date shall be filed in the same manner as original applications in § 28-17 and shall be filed with the Township not more than one year and not less than 120 days before the termination date stated in the permit. The Township expressly reserves all rights to approve, approve with conditions, or deny an application to extend the permit pursuant to this article and to impose additional conditions. In deciding whether to deny or to approve with conditions an application for extension, the Township may consider the applicant's history of violations of this article, including but not limited to the frequency and severity of such violations, the applicant's promptness in acting to remedy violations, and the adequacy of the applicant's remedial actions, whether or not the Township has sought revocation of the applicant's permit as a consequence of any of such violations.
A.
A permit shall be nonexclusive. The Township expressly reserves the
right to approve, at any time, additional permits for access to, activities
within, and ongoing use of the public rights-of-way. The issuance
of additional permits shall not be deemed to amend, modify, revoke,
or terminate the terms and conditions of any permit previously issued.
B.
A permit approved by the Township Board of Trustees 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 or applicable state and federal law.
The permittee shall not use in any way any public rights-of-way not
authorized by the permit. Any installation, construction, maintenance,
repair, operation, or removal of a system within the public rights-of-way
and any use or activity within the public rights-of-way shall be performed
only as authorized by the permit.
C.
A permittee shall not commence construction upon, over, across or
under the public rights-of-way or otherwise in the Township without
first obtaining all construction permits as required under the Township's
ordinances. The issuance of a permit pursuant to this article shall
not substitute for or waive any of the requirements of any other ordinance
adopted by the Township, as may be amended from time to time, including
the requirements imposed by a public agency other than the Township.
D.
A permittee shall not lease, provide service to, or otherwise allow a person or entity to use its facilities, if that person or entity is required to obtain a permit pursuant to § 28-16 of this article. A permittee shall notify the Township Clerk in writing at least 60 days prior to the date it proposes to lease, provide services to, or otherwise allow such a person or entity to use its system. Within 30 days after receiving such notice, the Township Clerk shall notify the permittee in writing of the Township's determination that the person or entity does or does not require authorization to use the public rights-of-way. For the purposes of this section, the Township may from time to time give written notice to a permittee of a list of the entities (by proper name or by description) whom it contends need authorization. A permittee shall abide by the terms of any court order, injunction or decree obtained by the Township with respect to any person who obtains (or proposes to obtain) services from a permittee or who uses (or proposes to use) any portion of the permittee's system.
E.
A permittee shall not allow the property of a third party to be overlashed,
affixed or attached to any portion of a permittee's system, and
shall not allow other actions with a similar result without the prior
written consent of the Township. With respect to facilities located
within the public rights-of-way, a permittee shall notify the Township
Clerk in writing at least 60 days prior to the proposed date of such
action. Within 30 days after receiving such notice, the Township Clerk
shall notify the permittee in writing of the Township's decision
to grant or deny consent.
F.
A permittee shall submit to the Township as-built maps and plans,
in electronic format for portions of the system as soon as maps and
plans are completed by the permittee and in no event later than 90
days after completion of such construction or reconstruction of any
portion of its system.
G.
A permittee shall submit to the Township a digital geographical information
system (GIS) layer, using a program, format and computer media acceptable
to Township and containing such information and data as the Township
may require, which accurately displays the permittee's as-built
system. The Township may request that such information and data include
information and data regarding facilities within rights-of-way owned
by other governmental entities which are inside the Township's
geographic boundaries and in which Township-owned pipes, lines, wires,
cables, conduits and other facilities are located. Thereafter, a permittee
shall update such layer, data and information at least quarterly,
and more frequently upon request by the Township. All such GIS data,
media and information, including but not limited to all databases,
plots and computer disks, will be provided at no cost to Township
and become the property of the Township. As used herein, "GIS" and
"GIS layer" shall include, at the Township's option, other computer
programs, data and information which fulfill similar functions. If
requested by the Township, such information and data shall be provided
in metric measurements.
H.
By issuing a permit, the Township does not agree to restrict the
number of utilities, telecommunications, systems, cable service (television)
systems, franchises, licenses or permits of any types in any part
or all of the Township. The permission and authority granted by a
permit are not intended to limit or modify any franchise, license
or permit previously granted by the Township to any other occupant
of the public rights-of-way. A permittee, recognizing the rights of
other franchisees, licensees and permittees in the public rights-of-way,
shall exercise the authority granted it in a manner that does not
unreasonably interfere with the rights of other prior or future franchisees,
licensees and permittees in the public rights-of-way and that does
not endanger or impair the facilities of any other such franchisee,
licensee or permittee.
I.
By acceptance of a permit, a permittee acknowledges that it has not
been induced to obtain a permit by any understanding or promise or
other statement, whether oral or written, by or on behalf of the Township
or by any third person on behalf of the Township concerning any term
or condition of a permit not expressed in this article.
J.
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.
K.
A permit does not establish any priority for the use of the public
rights-of-way by a permittee or any present or future permittees.
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, 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.
L.
Permittee acknowledges that, by accepting a permit, it obtains no
rights to or further use of the public rights-of-way other than those
expressly granted herein.
M.
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 system is located
in a manner inconsistent with permittee's use of such public
rights-of-way for its placement and use of its system and that in
such event the permittee will not be entitled to compensation from
the Township. Permittee intentionally, knowingly and voluntarily waives
any such claim. In the event of such inconsistent use, the Township
will use its best efforts to accommodate the permittee, including
efforts to assist the permittee in relocating its affected facilities
to other available rights-of-way and amending the permit to show such
relocation.
A.
No burden on public rights-of-way. A permittee shall not construct
or install its system in a manner that unduly burdens the present
or future use of the public rights-of-way. A permittee shall erect
and maintain its system so as to cause minimum interference with the
use of public rights-of-way and with the rights or reasonable convenience
of property owners. In the event that the Township determines that
any portion of the system, as either planned or constructed, unduly
burdens any portion of the public rights-of-way for present or future
use, a permittee shall modify its system or plans for construction
of its system and eliminate the burden within a reasonable time.
B.
Police powers reserved. By acceptance of a permit, a permittee acknowledges
that its rights hereunder are subject to the police power of the Township
to adopt and enforce laws to protect the health, safety and welfare
of the public, and a permittee shall comply with all ordinances, resolutions,
rules, regulations, directives, orders, memoranda and permits enacted
by or issued by the Township in accordance with such power.
C.
Location of system. A permittee shall install its system along those portions of the routes as described in the permit, subject to all modifications required by the Township for purposes of issuing construction permits in accordance with §§ 28-20C, 28-21J, and other applicable ordinances, resolutions, regulations and rules of the Township.
D.
Changes in location. A permit issued pursuant to this article authorizes
only the construction and use of those rights-of-way set forth in
the permit. To change or extend the location of the facilities within
the rights-of-way, permittee shall submit to the Township Clerk in
triplicate the application and such other information as may be requested
by the Public Utility Director, Township Engineer, and Township Board
of Trustees. The request shall be accompanied by a nonrefundable fee,
established by MCL 484.3106(4). Within 45 days from the date permittee
delivers all requested information, the Public Utility Director, Township
Engineer and Township Supervisor shall approve the change or extension,
provided it meets the standards set forth in this article, rules and
regulations of the Township. The permittee, Public Utility Director,
Township Engineer and Township Supervisor shall each:
(1)
Sign and date a revised map which clearly shows the present and changed
or extended location of the system; and
(2)
Sign and date the construction plans, which documents shall be attached
to, become part of, and subject to the terms and conditions of the
permit. The Township Board of Trustees reserves the right to modify
existing, delete, or add new conditions to the permit to ensure public
health, safety and welfare.
E.
Change in other permit conditions and terms. A permittee may request a change in the terms, as opposed to a change in location, by submitting a written request to the Township Board of Trustees. The request shall set forth the sections to be changed, deleted or added and the reason for each change. The Township Board of Trustees may request a recommendation/report from the Public Utility Director, Township Engineer, Township Attorney or such other persons as it deems advisable and may hold a public hearing in the manner provided in §§ 28-17D and 28-18E. The Township shall be under no obligation to change the terms of the permit.
F.
Construction. A permittee shall bear the entire cost and expense
of installing its system and the covering and resurfacing of any excavation
which may be necessary in the public rights-of-way. A permittee shall
submit to the Township its full plans and specifications for such
installation. A permittee shall not commence the installation under
such plans and specifications until the same shall have been approved
by the Township and all necessary construction permits have been approved
and issued, which approval shall be neither unreasonably withheld
nor unduly delayed. The installation shall be done at such depth and
in such manner so as not to interfere with other systems, such as
water, gas and sewer pipes, electric system, cable television, traffic
signal, streetlight and other conduits, or with any other facilities
which may be located in the public rights-of-way or other locations
at the time of installation. A permittee shall have sole responsibility
for the maintenance, repair and upkeep of all of its installations
during the term of any permit.
G.
Relocation of the system. A permittee shall, at its own cost and
expense, protect, support, disconnect, or remove from the public rights-of-way
any portion of its system when required to do so by the Township due
to street or other public excavation, construction, repair, grading,
regrading, traffic conditions, the installation of sewers, drains,
water pipes, cables, municipally owned power or signal lines, trackways,
tracks, or other municipally owned facilities, or the vacation, construction
or relocation of streets or any other type of structure or improvement
of a public agency, or any other type of improvement necessary for
the public health, safety or welfare. The Township shall endeavor
to give reasonable advance notice to permittee of any such required
action.
H.
Emergencies. The Township may remove or damage a permittee's
system in the case of fire, disaster or other emergencies. In such
event, neither the Township nor any agent, contractor, or employee
thereof shall be liable to a permittee or any of its customers for
any damages caused to a permittee or the system. Any applicant or
permittee waives any liability the Township may have.[1]
I.
Vacation. If any public rights-of-way are vacated, eliminated, discontinued,
abandoned or closed, all rights of a permittee under a permit to use
the same shall terminate, and the permittee at its expense shall immediately
remove its system from such public rights-of-way unless the permittee
obtains easements or other written instrument evidencing permission
from the property owners to use the former public rights-of-way.
J.
Construction permits. No construction of a permittee's system,
or any part thereof, within the public rights-of-way shall be commenced
until the required written construction permits have been issued by
the proper departments of the Township, in addition to the permit
required by this article. As a condition of any construction permits
so issued, the Township may impose such conditions and regulations
as required for compliance with this article and may also impose such
conditions and regulations as are necessary for the purpose of protecting
any structures in the public rights-of-way, proper restoration of
the public rights-of-way and structures therein, protection of the
public or the continuity of pedestrian or vehicular traffic. No construction
permit shall be issued unless the location and depth of the system
within the public rights-of-way are approved by the Public Utilities
Director and Township Engineer to avoid or minimize interference with
existing or future sewers, water lines, utilities, or other public
improvements. No construction permit may be issued if a permittee
is not in compliance with the requirements of this article; provided,
however, that the Township in its sole discretion may waive this requirement.
K.
Easements. Any easements over or under private property necessary
for the construction or operations of a permittee's system shall
be arranged and paid for by a permittee. Any use of or intrusion on
private property without an easement or other written 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 negotiated with the Township. The Township shall be under
no obligation to grant such easements.
L.
Private property. A permittee shall be subject to all laws, ordinances
or regulations regarding private property in the course of its operations
and constructing, installing, operating or maintaining the system
in the Township. A permittee shall comply with all zoning and land
use restrictions as may exist or may hereafter be amended.
M.
Removal; abandonment.
(1)
Upon the expiration, termination, or revocation of a permit, the
Township shall have first right and option to purchase in place any
poles, wires, cables, conduits, fixtures and other facilities of the
system covered by said permit; provided that the Township shall be
under no obligation to purchase all or any part of a system if renewal
is denied, or upon termination or expiration of a permit. If the Township
and the permittee cannot agree on a price for the purchase of the
facilities, then the Township and permittee shall submit the issue
of price to arbitration by a panel of three appraisers. The Township
and the permittee shall each select one appraiser, and the two appraisers
shall together select the third. This right and option to purchase
shall not include any facilities of the system which also are used
to deliver cable or other services pursuant to a separate permit or
franchise.
(2)
Upon the expiration, termination, or revocation of a permit if the
Township determines that it does not want to purchase the system or
any part thereof, then without expense to the Township and within
such time as the Township may reasonably require, a permittee may
either:
(3)
If a permittee removes its system, the permittee shall not remove
any underground cable or conduit which requires trenching or other
opening of public rights-of-way along the extension of cable to be
removed, except as expressly ordered or permitted by the Township.
If a permittee abandons any of its system, the Township, after 30
days' prior written notice, may assume control over the abandoned
system as property of the Township. Upon such abandonment, the Township
shall have no duty to compensate a permittee for the system. Additionally,
a permittee shall have no claim for damages against the Township arising
from the Township's assumption of control over the abandoned
system, and a permittee by accepting a permit thereby intentionally,
knowingly and voluntarily waives such claim. Further, a permittee
shall not have any obligation to the Township or any third party for
the abandonment of the system.
N.
Underground relocation. If a permittee has its facilities on the
poles of another entity and said other entity relocates its facilities
underground, the permittee shall relocate its facilities underground
in the same location.
O.
Identification. All personnel of a permittee who have contact with
the general public as part of their normal duties 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 shall be clearly
identified as such to the public.
A.
Presentation of records. Without cost to the Township, permittee
shall deliver to the Township, within two business days of an oral
or written request, a complete set of accurate and current maps, records,
plans, specifications, drawings, technical data, other documents or
information as may be reasonably necessary to enable the Township
to fulfill its duties under applicable laws and regulations.
B.
Physical audit. The Township may directly, or through an engineering
firm, perform an annual physical audit of a permittee's system
to review the location of permittee's system within the public
rights-of-way. The audit report shall be provided to a permittee no
later than 90 days after the expiration of the permit year for which
the audit was conducted. To the extent permitted by law, the Township
will maintain on a confidential basis the contents of any audit reports
and all information disclosed by a permittee, and the Township will
not disclose same to any third parties without prior notice to a permittee.
C.
Discrepancies. If a material discrepancy exists between the audit
and the authorized routes described in the permit, the permittee shall,
within 30 days of its receipt of the audit report, either remove its
system from the public rights-of-way that are not authorized routes
described in the permit, or obtain Township consent to add such public
rights-of-way to the authorized routes. The permittee also shall reimburse
the Township for the cost of the audit.
D.
Challenges to physical audit. Within 20 days of its receipt of the audit report, a permittee shall have the right to file a written response to the audit and to request the review of another engineer. A permittee may retain at its sole cost an engineer or engineering firm of its own choice (the "reviewing engineer") to perform a physical audit of its system. The reviewing engineer's audit shall be completed within 60 days after permittee files its request for review by a reviewing engineer. If the reviewing engineer's audit confirms that a material discrepancy existed as of the date of the original audit, then within 10 days of permittee's receipt of the reviewing engineer's audit, § 28-22C shall apply.
To the extent feasible, to the extent allowed by state and federal
law, and subject to reasonable availability and agreement among permittees,
permittees and/or existing permittees concerning maintenance, access
and security, the system of a permittee shall be interconnected with
other similar systems within the Township and in adjacent communities.
A.
Disclaimer of liability. The Township shall not at any time be liable
for injury or damage occurring to any person or property from any
cause whatsoever arising out of the construction, maintenance, repair,
use, operation, condition or dismantling of a permittee's system
or due to the act(s) or omission(s) of any person or entity other
than the Township or those persons or entities for which the Township
is legally liable as a matter of law.
B.
Indemnification. A permittee shall, at its sole cost and expense,
indemnify and hold harmless the Township, all associated, affiliated,
allied and subsidiary entities of the Township now existing or hereafter
created, including, without limitation, their respective officers,
boards, commissions, employees, agents, attorneys, and contractors
(hereinafter referred to in this article as "indemnitees"), from and
against:
(1)
Any and all liability, obligation, damages, penalties, claims, liens,
costs, charges, losses and expenses (including, without limitation,
reasonable fees and expenses of attorneys, expert witnesses and consultants),
which may be imposed upon, incurred by or be asserted against the
indemnitees by reason of any act or omission of a permittee, its personnel,
employees, agents, contractors or subcontractors, resulting in personal
injury, bodily injury, sickness, disease or death to any person or
damage to, loss of or destruction of tangible or intangible property,
libel, slander, invasion of privacy, negligence, intentional torts,
and unauthorized use of any trademark, trade name, copyright, patent,
service mark or any other right of any person, firm or corporation,
which may arise out of or be in any way connected with the construction,
installation, operation, maintenance or condition of the system or
a permittee's failure to comply with any federal, state or local
statute, ordinance or regulation.
(2)
Any and all liabilities, obligations, damages, penalties, claims,
liens, costs, charges, losses and expenses (including, without limitation,
reasonable fees and expenses of attorneys, expert witnesses and other
consultants), which is imposed upon, incurred by or asserted against
the indemnitees by reason of any claim or lien arising out of work,
labor, materials or supplies provided or supplied to a permittee,
its contractors or subcontractors, for the installation, construction,
reconstruction, operation or maintenance of the system and, upon the
written request of the Township shall cause such claim or lien to
be discharged or bonded within 15 days following such request.
C.
Assumption of risk. A permittee undertakes and assumes for its officers,
agents, contractors and subcontractors and employees all risk of dangerous
conditions, if any, on or about any Township owned or controlled property,
including public rights-of-way, and a permittee hereby agrees to indemnify
and hold harmless the indemnitees against and from any claim asserted
or liability imposed upon the indemnitees for personal injury or property
damage to any person arising out of the installation, operation, maintenance
or condition of the system or a permittee's failure to comply
with any federal, state or local statute, ordinance or regulation.
D.
Defense of indemnitees. In the event any action or proceeding shall
be brought against the indemnitees by reason of any matter for which
the indemnitees are indemnified hereunder, a permittee shall, upon
notice from any of the indemnitees, at the permittee's sole cost
and expenses, resist and defend the same with legal counsel selected
by the permittee and consented to by the Township Attorney, such consent
not to be unreasonably withheld; provided, further, however, that
the permittee shall not admit liability in any such matter on behalf
of the indemnitees without the written consent of the Township Attorney;
and indemnitees shall not admit liability for, nor enter into any
compromise or settlement of, any claim for which they are indemnified
hereunder without the prior written consent of the permittee.
E.
Notice, cooperation and expenses. The Township shall give a permittee
prompt written notice of the making of any claim or the commencement
of any action, suit or other proceeding covered by the provisions
of this section. The Township may cooperate with a permittee and participate
in the defense of any litigation by the Township's own counsel.
A permittee shall pay all expenses incurred by the Township in defending
itself with regard to any such actions, suits or proceedings. These
expenses shall include all out-of-pocket expenses such as attorney
fees and shall also include the reasonable value of any services rendered
by or on behalf of the Township Attorney, if such service is determined
necessary and appropriate by the Township Attorney, and the actual
expenses of the Township's agents, employees or expert witnesses,
and disbursements and liabilities assumed by the Township in connection
with such suits, actions or proceedings. No recovery by the Township
of any sum under a bond required as a condition of a permit shall
be any limitation upon the liability of a permittee to the Township
under the terms of this section, except that any sum so received by
the Township shall be deducted from any recovery which the Township
might have against a permittee under the terms of this section.
F.
Notice of possible liability. A permittee shall immediately advise
the Township Attorney of any claim or litigation that may result in
liability to the Township.
G.
Insurance. Except as otherwise provided by statute or other applicable
law, during the term of a permit, a permittee shall, as a condition
of its permit, maintain, or cause to be maintained, in full force
and effect and at its sole cost and expense, the following types and
limits of insurance;[1]
(1)
Workers' compensation insurance with state statutory limits,
including any employers' liability coverage.
(2)
Comprehensive general liability insurance with minimum limits of
$5,000,000 as the combined single limit for each occurrence of bodily
injury and personal injury, and $1,000,000 per occurrence for property
damage. The policy shall provide blanket contractual liability insurance
for all written contracts, and shall include coverage for products
and completed operations liability, independent contractors liability,
broad form general liability extensions or equivalent, and coverage
for property damage from perils of explosion, collapse or damage to
underground utilities, commonly known as XCU coverage.
(3)
Motor vehicle liability insurance covering all owned, hired, and
nonowned vehicles in use by a permittee, its employees and agents,
with personal protection insurance and property protection insurance
to comply with the provisions of the state no fault insurance law,
including residual liability insurance with minimum limits of $1,000,000
as the combined single limit for each occurrence for bodily injury
and property damage.
H.
Additional insureds. All policies, except for workers' compensation
policies, shall name the "Charter Township of Pittsfield, a Michigan
municipal corporation, including all elected and appointed officials,
boards, commissions, officers and employees" as additional insureds
(herein referred to in this article as the "additional insureds").
Each policy which is endorsed to add additional insureds hereunder
shall contain cross-liability wording, as follows: "In the event of
a claim being made hereunder by one insured for which another insured
is or may be liable, then this policy shall cover such insured against
whom a claim is or may be made in the same manner as if separate policies
had been issued to each insured hereunder."[2]
I.
Submission of certificates of insurance. Certificates showing the
permittee has, and continues to have in effect during the term of
the permit, the insurance policies required by this section, along
with written evidence of payment of required premiums, shall be filed
with the Township.[3]
J.
Cancellation of policies of insurance. The insurance certificates
for each policy maintained pursuant to this article shall contain
an unconditional endorsement that the insurer will give the Township
at least 30 days' prior written notice of any intention not to renew
the policy or to cancel, replace or materially alter the policy.[4]
K.
Review of requirements. The Township may annually review the insurance
coverage to be carried by a permittee. If the Township determines
that additional or other insurance is necessary to protect the interests
of the Township or the additional insureds, a permittee shall be so
notified and shall obtain the additional types and limits of insurance,
at its sole cost and expense.[5]
L.
Insurance companies. All insurance shall be effected under valid
and enforceable policies, insured by insurers licensed to do business
by the state or by surplus line carriers on the State Insurance Commissioner's
approved list of companies qualified to do business in Michigan. All
insurance carriers and surplus line carriers shall be rated A or better
by A. M. Best Company.[6]
M.
Deductibles; indemnification. All insurance policies may be written
with deductibles and self-insurance retentions comparable to businesses
of like character and size, if consistent herewith and approved by
the Township upon the recommendation of the Township Attorney. As
a condition of a permit, a permittee agrees to indemnify and save
harmless the additional insureds from and against the payment of any
deductible and from the payment of any premium on any insurance policy
required to be furnished by this article.[7]
N.
Contractors. A permittee shall require that each and every one of
its contractors and their subcontractors carry, in full force and
effect, workers' compensation, comprehensive general liability
and motor vehicle liability insurance coverage of the type which a
permittee is required to obtain under the terms of this section.[8]
A.
Transfer of ownership and control.
(1)
Except as provided in this section, permittee shall not sell, transfer,
assign, lease, pledge, encumber, alienate or otherwise dispose of
substantially all of its assets, any permit under this article, or
the system in the Township, in any manner, nor shall title thereto,
either legal or equitable, or any right, interest or property therein
pass to or vest in any person or entity without the prior written
consent of the Township.
(2)
If the person or entity in control of permittee (transferor) is also
in control of the proposed permittee (transferee), then a transfer
may occur within the controlling person's or entity's corporate,
partnership or business structure without obtaining Township consent;
provided, however, at least 90 days before such transfer is to occur
the person or entity who is in control of both the permittee (transferor)
and proposed permittee (transferee) files a satisfactory document
with the Township Clerk stating that this transfer shall not affect
the financial, legal, technical or management abilities of permittee
to perform under the permit and ensures and guarantees the proposed
permittee's (transferee) compliance with the permit. In the absence
of such a document, there can be no change in, transfer of, or acquisition
of control of a permittee or of any entity, at whatever tier or level
which directly or indirectly controls a permittee without the prior
written consent of the Township.
(3)
The prior written consent of the Township, in any of the foregoing
instances (collectively referred to in this article as a "transfer"),
will not unreasonably be withheld nor unreasonably delayed.
(4)
For the purposes of this article, change in, transfer of, or acquisition
of control of a permittee, shall mean any change in identity of the
person or persons who directly or indirectly direct, or has the power
to direct, the management and policies of a permittee, whether through
the ownership of voting securities or other equity interest, by contract
or otherwise. Without limiting the generality of the foregoing, for
the purposes hereof, such a change shall be deemed to have occurred
at any point in time when there is:
(a)
A change in the effective shareholder voting control, in whatever
manner effectuated, of a permittee;
(b)
An agreement of the holders of voting stock of a permittee which
effectively vests or assigns policy decisionmaking in any person or
entity other than a permittee; or
(c)
A sale, assignment or transfer of any shares or interest in
a permittee which results in a change in the control of a permittee.
(5)
Notwithstanding this section, permittee may grant a security interest
in its rights under a permit in favor of a third party qualified financial
institution, as defined herein, without first obtaining the consent
of the Township. "Qualified financial institution" means an entity
which:
(a)
Does not operate and is not affiliated with any entity directly
or indirectly that operates a telecommunications, telephone, cable
service (televisions), or other communications delivery or reception
system;
(b)
Receives over 50% of its revenues from the provision of regulated
financial services;
(c)
Has assets of over $5,000,000,000; or
(d)
Is a manufacturer of telecommunications equipment who has lent
funds to permittee and obtained a reasonable secured interest. For
purposes of this subsection, "affiliated" means a person or entity
that directly or indirectly through one or more intermediaries controls,
is controlled by, or is under common control with a qualified financial
institution.
(6)
In the event a qualified financial institution must enforce its security
interest and execute on the collateral, such qualified financial institution
will assume the position of permittee with all of its rights and responsibilities
under the permit, and the terms and conditions of the permit shall
be binding on such qualified financial institution.
(7)
Township's prior written consent shall not be required prior
to such qualified financial institution's execution on the collateral;
provided, however, that such qualified financial institution shall
give Township written notice no less than 15 days prior to taking
possession on the collateral.
(8)
The qualified financial institution will use its best efforts to
expeditiously transfer or assign the collateral within 180 days to
a transferee or assignee who is engaged in the business of providing
the services defined in the permit, which terms and conditions shall
be binding upon the successors or assigns of permittee or of a qualified
financial institution.
B.
Applications for change in ownership, control, management or encumbrance
of the system.
(1)
Application. In the event a permittee seeks to obtain the consent of the Township to any transactions described in the preceding Subsection A, a permittee shall submit to the Township Clerk an application for such consent in the form required by the Township.
(2)
Conditions to approval. For purposes of determining whether the Township will consent to any matter described in the application, the Township Clerk may require additional reasonable information from a permittee and the parties involved in the proposed transaction. All information requested on behalf of the Township shall be submitted to the Township within 10 business days of such request. If the applicant fails to respond to the Township's request for information within 10 business days of such request, the thirty-day and forty-five-day periods for acting on the transfer under § 28-25B(3) below shall be extended by the number of days after the deadline that the requested information is provided to the Township.
(3)
Township approval. The Township Supervisor shall submit to the Township
Board of Trustees within 30 days after the filing of the application
his/her recommendation to approve or disapprove the transfer, along
a legal opinion on the matter from the Township Attorney. Approval
or disapproval of a transfer shall occur within 45 days after the
filing of the application. If the party assuming a permittee's
obligations and the Township cannot agree on the requirement of additional
information requested by the Township or the use of additional or
different permit terms, the Township shall notify the Commission.
(4)
Assumption of obligation. The Township's consent may contain
such provisions as may be approved by the Township Attorney under
which the party involved in the transaction will assume and agree
to perform and comply with all of the provisions, terms and conditions
of the permit and all applicable federal, state and local laws and
laws and regulations applicable to the ownership, operation or maintenance
of the system and, further, that any party assuming a permittee's
obligations under this article shall be primarily liable and obligated
to the Township for such performance.
C.
No waiver. The consent or approval of the Township to a transfer
shall not constitute a waiver or release of the rights of the Township
in and to the public rights-of-way, and any transfer or approval of
such transaction shall be deemed to be expressly subject to the terms
and conditions of this article. In connection with any request for
Township consent to a transfer, the Township shall have the right
to require the reimbursement of Township's costs and the satisfaction
of reasonable conditions as a prerequisite or condition of the approval
of the transaction.
D.
Unauthorized transfer. Any transaction described in Subsection A above which is entered into by a permittee without the required consent of the Township shall be a violation of this section and shall be null and void. In addition, such transaction shall make the subject permit, or permits covering the subject assets or system, null and of no effect.
A.
In addition to all other rights and powers reserved or pertaining
to the Township, the Township reserves as an additional, and as a
separate and distinct remedy, the right to revoke a permit and all
rights and privileges of a permit for any of the following reasons:
(1)
The failure of a permittee to pay the fees on or before the due dates
specified herein.
(2)
A permittee's violation of any provision in this article or
provision in a permit issued pursuant to this article.
(3)
The dissolution or termination, as a matter of law, of a permittee.
(4)
Failure of the permittee to pay any fines imposed by a court of competent
jurisdiction for violation of this article.
B.
No revocation shall be effective unless or until the Township Board
of Trustees shall have adopted a resolution setting forth the reason
for the revocation and the effective date, which resolution shall
not be adopted without 30 or more days' prior written notice to the
permittee and an opportunity for the permittee to be heard on the
proposed resolution.
C.
The written notice provided for in § 28-26B shall specify the reason(s) for the proposed revocation and may specify steps which the permittee must take to cure or otherwise remedy the reason(s) for the proposed revocation. If the Township Board of Trustees is satisfied at the time of the hearing on the proposed revocation that the permittee has fully cured or otherwise remedied the reason(s) for the proposed revocation in accordance with the written notice, then the Township Board of Trustees shall not adopt the resolution for revocation. In the event the Township Board of Trustees determines that the permittee has taken substantial steps to cure or otherwise remedy the reason(s) for the proposed revocation in accordance with the written notice, the Township Board of Trustees may postpone action on the resolution for revocation to a later date to allow the permittee a reasonable amount of time to further cure or otherwise remedy the reason(s) for the proposed revocation. This § 28-26 shall not require the Township to specify any steps to cure or otherwise remedy the reason(s) for the proposed revocation if the Township determines that a cure or other remedy is not possible, or if the Township, in consideration of the severity of the violation and/or the permittee's history of violations and actions or failure to act to remedy such violations, determines that extending an opportunity for the permittee to cure or otherwise remedy the reason(s) for the proposed revocation would not be in the best interests of the Township. If the notice does not state any steps to cure or otherwise remedy the reason(s) for the proposed revocation, the notice shall state the reason(s) why the opportunity for cure or remedy is not being provided.
A.
Compliance with all applicable laws. At all times during the term
of a permit, a permittee shall comply with the Federal and State Constitutions,
this article, all statutes, codes, ordinances, rules and regulations
of the federal, state and Township governments and their respective
agencies or commissions, including but not limited to zoning ordinances
and to any others which are now or may be applicable hereafter to
the construction, operation or maintenance of its system, whether
or not such statutes, codes, ordinances, rules and regulations are
expressly cited in this article. Further, a permittee shall comply
with all resolutions adopted by the Township Board of Trustees and
all other Township-issued directives, orders, memoranda and permits
applicable to it or its business.
B.
Industry standards. A permittee shall comply with all applicable
construction standards, industry standards and technical standards
and in particular shall comply with the construction codes.
C.
MISS DIG. A permittee shall participate in and be a member of the
MISS DIG utility notification program provided by MCL 460.721 et seq.,
as it may be amended, and following any subsequent statutes.
A.
No waiver. Nothing in this article shall be construed as a waiver
of any codes, ordinances or regulations of the Township or the Township's
right to require permittee or persons using a system or system services
to secure appropriate permits or authorization for such use.
B.
Police powers; reasonable control. The Township fully reserves its
police powers to ensure and protect the public health, safety, and
welfare and fully reserves its authority and power to amend this article
at any time. The terms and conditions of any permit shall be subject
to compliance with all future amendments of this article and of other
ordinances adopted by the Township. The Township fully reserves its
right to exercise the reasonable control of the public rights-of-way
and transaction of business pursuant to Article VII, Section 29, of
the 1963 Michigan Constitution and regulate activities pursuant to
Section 15 of the Charter Township Act, Act 359 of 1947, as amended,
being MCL 42.15, and Section 15 of the Metropolitan Extension Telecommunications
Rights-of-Way Oversight Act, as amended, being MCL 484.3115.
C.
Eminent domain. Nothing in this article or any permit shall limit
any right the Township may have to acquire by eminent domain any property
of a permittee.
D.
Taxes, fees, assessments, licenses, permits. Nothing in this article
shall be construed to limit the authority of the Township to impose
a tax, fee, or other assessment of any kind on any person. A permittee
shall pay all fees necessary to obtain all federal, state, and local
licenses, permits, and authorizations required for the construction,
installation, maintenance, or operation of its system within the public
rights-of-way.
E.
No liability or warranty. Neither this article nor any act or omission
of the Township shall be construed to create or hold the Township
responsible or liable for any damage to persons or property by reason
of any inspection or reinspection by the Township required or authorized
by this article or failure of the Township to conduct such inspection
or reinspection. The issuance of any authorization, permit or license
by the Township, or other action or transaction of the Township, shall
not constitute any representation, guarantee or warranty by the Township
of any kind to any person, customer or a permittee.
F.
No recourse. A permittee shall have no recourse against the Township
for any loss, expense or damage resulting from the terms and conditions
of this article or because of the Township's enforcement thereof.
The Township makes no warranty as to the scope or effectiveness of
the dedication of any part of the public rights-of-way, some of which
may have been taken by user and in which the rights of a permittee,
the Township and/or the public may be claimed by adjacent property
owners or others to be limited. Furthermore, the rights granted by
any permit are subject to such restrictions as may exist, now or in
the future under the laws and common law of the state and the United
States of America. By accepting a permit, a permittee acknowledges
that it is relying upon its own investigation and understanding of
the power and authority of the Township to grant a permittee its rights
under this article and permit.
G.
Availability of books and records. In addition to material required
to be furnished to the Township, a permittee shall fully cooperate
in making available at reasonable times, and the Township shall have
the right for any purpose specified in this article or in the Township's
other ordinances, to inspect during normal business hours the books,
records, maps, plans, and other like materials of a permittee applicable
to its system located within the public rights-of-way or its operation.
A.
A permittee, its contractors and subcontractors, may not open or
otherwise disturb the surface of any street, sidewalk, alley, public
right-of-way or other public place for any purpose whatsoever, except
emergency repairs, without first obtaining all necessary permits in
accordance with applicable provisions of the Township's ordinances,
or otherwise with written approval from the Public Utility Director.
A permittee shall promptly notify the Public Utility Director upon
making emergency repairs and shall seek approval as otherwise specifically
provided in this section and the Township ordinances, accepting all
risks involved.
B.
If a permittee fails to complete any repair or maintenance work required
by law or by the provisions of this article to be done in any public
rights-of-way, the Public Utility Director may file a complaint with
the Public Services Commission to compel the permittee to complete
the repair or maintenance work.
C.
The Public Utility Director shall give a permittee notice of improvements
where paving, regrading or resurfacing of a permanent nature is involved.
The notice shall describe the nature and character of said improvements,
the public rights-of-way over, under and within which they shall be
made, the extent of the improvements and the work schedule for the
improvements.
D.
The Township shall allow the permittee a reasonable time to make
such additions, alterations, or repairs to its facilities as the permittee
deems necessary in advance of the Township's commencement of
said improvements so as to allow the permittee to maintain continuity
of service.
E.
A permittee shall coordinate its construction program and all other
work in the public rights-of-way with the state and county construction,
rebuilding, resurfacing and repair.
F.
A permittee shall not endanger or interfere with the safety of persons
or property within the Township. A permittee shall replace and restore
all paving, sidewalk, driveway, landscaping or surface of any property
disturbed by construction or maintenance of its system in a good and
professional manner within 24 hours after any damage is incurred.
G.
All working facilities, conditions and procedures used or occurring
during construction and operation of a system shall comply with the
standards of both the federal and state occupational safety and health
administrations.
H.
Construction and maintenance of a system shall be performed in an
orderly and professional manner, and in close coordination with public
and private utilities serving the Township following accepted industry
construction procedures and practices and working through existing
committees and organizations.
I.
A permittee shall maintain all wires, conduits, cables, pipes and
other real and personal property and facilities in good condition,
order and repair.
J.
Nothing in this article shall be construed as authorizing a permittee
to erect and maintain new poles in areas serviced by existing poles.
K.
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
provided for in the construction plans incorporated into the permit.
Where utility or other wiring is located underground, either at the
time of initial construction, subsequent thereto, or at the direction
of the Township, a permittee's system shall also be located underground
unless expressly provided for in the construction plans incorporated
into the permit.
L.
All cable and wires shall be installed in accordance with industry
safety standards and shall be installed, where possible, parallel
with cable, electric or other utility lines, and multiple cable configurations
shall be arranged in parallel and bundled with due respect for engineering
consideration. All underground wire or cable shall be placed in conduits
unless and except as this requirement is specifically waived in the
permit.
M.
Where no pole, conduit, line or wire of a utility, cable services
provider or other permittee already is in place, all construction
shall be underground unless expressly waived by the Township Board
of Trustees.
N.
Mini-hubs, switches, nodes and other equipment shall be installed
in underground enclosures whenever possible. The Public Utilities
Director's and Township Engineer's approval shall be required
for any buildings, mini-hubs, switches, nodes and other equipment
installed above ground in public rights-of-way.
O.
House drops shall be grounded and installed in a neat and workmanlike
manner. Buried drops shall be at least 30 inches deep within the public
rights-of-way, and shall be at least 12 inches deep in all other locations.
P.
A permittee who provides electrical, cable service (television) or
communication services shall identify its system and subscriber, customer
drops by color code, stamping, engraving, tags, stickers, or other
appropriate method selected by a permittee or provide in a permit
to distinguish among systems, utilities, and other services.
Q.
A permittee shall, at the request of any person holding a permit
to move a building, temporarily remove, raise or lower its wires to
permit the moving of said building.
(1)
Such temporary removal, raising, or lowering of wires shall be at
the sole cost and expense of the person requesting the same, and the
permittee shall have the authority to request payment for the same
in advance before complying with such request.
(2)
Any person making such a request from the permittee shall give not
less than 15 business days' notice of the contemplated move.
(3)
Any interruption in service caused by the temporary removal, raising
or lowering of a permittee's wires in accordance with this subsection
shall not subject the permittee to any penalty. Any interruption in
service occasioned under this subsection shall be done, as far as
is practicable, at a time when interruption of service will be minimized.
(4)
If temporary removal of wires is required to permit the moving of
a building, the person making the request shall be liable to the permittee
for any loss of revenues to the permittee for the interruption of
service caused by said temporary removal.
R.
A permittee may trim trees or other vegetation to prevent their branches
or leaves from touching or otherwise interfering with its wires, cable
or other structures in accordance with the Township's ordinances
and regulations.
(1)
All trimming or pruning shall be at the sole cost of the permittee.
(2)
A person engaged by the permittee to provide tree trimming or pruning
services shall be deemed an agent of the permittee when engaged in
said activity.
(3)
The permittee shall obtain the written permission of the owner of
any privately owned tree before it trims or prunes the same, unless
otherwise provided by the permit. The permittee shall notify the Township
prior to trimming or pruning any tree located within the public rights-of-way.
(4)
If any tree is substantially damaged or disfigured due to permittee's
trimming, permittee, at the request of the Township, shall replace
the tree with a tree of mature size.
The Township hereby declares that its policy and intent in adopting
this article is to fully comply with the requirements of the Metropolitan
Extension Telecommunications Rights-of-Way Oversight Act (METRO) (MCL
484.3101 et seq.), and the provisions of this article should be construed
in such a manner as to achieve that purpose. The Township shall comply
in all respects with the requirements of the METRO Act, including
but not limited to the following:
A.
Exempting certain route maps from the Michigan Freedom of Information
Act, MCL 15.231 to 15.246;
B.
Allowing certain previously issued permits to satisfy the telecommunications
permit requirements hereof;
C.
Allowing existing telecommunications providers additional time in
which to submit an application for a telecommunications permit and
excusing such existing telecommunications providers from the application
fee;
D.
Approving or denying an application for a permit within 45 days from
the date a telecommunications provider files an application for a
permit for access to and usage of public rights-of-way within the
Township;
E.
Notifying the Michigan Public Service Commission when the Township
has granted or denied a telecommunications permit;
F.
Not unreasonably denying an application for a telecommunications
permit;
G.
Issuing a telecommunications permit in the form approved by the Michigan
Public Service Commission, with or without additional or different
permit terms;
H.
Limiting the conditions imposed on the issuance of a telecommunications
permit to the telecommunications permittee's access and usage
of the public right-of-way;
I.
Not requiring a bond of a telecommunications permittee which exceeds
the reasonable cost to ensure that the public right-of-way is returned
to its original condition during and after the telecommunication permittee's
access and use;
J.
Not charging any telecommunications providers any additional fees
for construction, engineering or similar permits;
K.
Providing each telecommunications provider affected by the Township's
right-of-way fees with a copy of this article;
L.
Submitting an annual report to the authority; and
M.
Not holding a cable television operator in default for a failure
to pay certain franchise fees.
A.
Notwithstanding any other provisions of the Township's ordinances,
a violation of any provision of this article is a municipal civil
infraction punishable by a fine of not more than $500 plus all costs
of the action. The court may issue and enforce any judgment, writ,
or order necessary to enforce this article. These may include orders
to restrain, prevent, or abate any violation of this article, to pay
overdue fees, to restore public rights-of-way or otherwise remedy
damage to, or unauthorized entry onto or intrusions into, private
property, and other relief the court deems appropriate.
B.
Each day on which any violation of this article continues constitutes
a separate infraction and shall be subject to penalties and other
remedies as a separate infraction.
C.
Any material, false or misleading statement or representation knowingly
made by an applicant or permittee in an application, in any report,
or in any other documents submitted to the Township pursuant to this
article, or permit issued under this article, shall be a violation
of this article and, if made by a permittee, a material breach of
its permits, and shall subject the applicant or permittee to all penalties
and remedies, legal or equitable, which are available to the Township,
including but not limited to denial of the application or revocation
of the permit.
D.
In addition to any remedies under this article or available at law,
the Township may bring an action for an injunction or other process
against a person to restrain, prevent, or abate any violation of this
article.
