For purposes of this article, the following words shall have
the meanings respectively ascribed to them by this section:
APPLICANT
A person or entity required to obtain a permit under this
article.
APPLICATION
The document prepared by the Township which is submitted
by an applicant for a permit under this article.
AUTHORITY
The Local Community Stabilization Authority.
CABLE SERVICE OR TELEVISION
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.
ENTITY
A corporation (public and private), partnership, association,
joint venture, unincorporated organization, municipality (other than
Pittsfield Charter Township), or other business form.
EXISTING PROVIDER
An applicant who is using the public rights-of-way on the
effective date of this article.
FIXTURE or FACILITIES
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.
ORDINANCES
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.
PERMIT or AUTHORIZATION
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.
PERMITTEE
The person or entity granted a permit.
PUBLIC RIGHTS-OF-WAY
Highways, streets, alleys, municipal easements, or other
public places within the corporate limits of the Township.
PUBLIC UTILITY DIRECTOR
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.
SYSTEM
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").
TELECOMMUNICATIONS SERVICES
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").
TOWNSHIP
Pittsfield Charter Township, a Michigan municipal corporation,
situated in the County of Washtenaw, Michigan.
TOWNSHIP ENGINEER
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.
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.
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.