[Adopted 2-13-2018 by Ord. No. 350]
A.
Title. This article shall be known and cited as the "Village of New
Haven Right-of-Way Ordinance."
B.
Purpose.
(1)
The Village of New Haven recognizes that the public rights-of-way
(ROW) within its geographic boundaries are assets held in trust for
its citizens. The Village also recognizes that some persons, by placing
their equipment in the ROW and charging the citizens for goods and
services delivered thereby, are using this property held for the public
good. Although such services are often necessary or convenient for
the citizens, and although the installation of such facilities is
in most cases necessary and proper use of the ROW, the Village must
regulate and manage such uses.
(2)
To provide for the health, safety, and well-being of its citizens
and to ensure the structural integrity of its streets and the appropriate
use of the ROW, the Village strives to keep the ROW within its boundaries
in a state of good repair and free from unnecessary encumbrances.
Although the general population bears the financial burden for the
upkeep of the ROW, one of the causes for the early and excessive deterioration
of the ROW is frequent excavation and other intrusions into the subsurface
area.
(3)
This article imposes reasonable regulations on the placement and
maintenance of equipment currently within the ROW or to be placed
therein. It is intended to complement and not replace or contradict
the Macomb County Road Commission or the Michigan Department of Transportation
standards and regulations.
(4)
The provisions of this article shall not apply to ROW users exempted
by the statutes of the state of Michigan.
A.
Permit required.
(1)
No person, firm, or corporation shall conduct any operations in the
public right-of-way or easements of the Village of New Haven without
first obtaining a permit and filing with the Village the necessary
proof of insurance and bonds as hereinafter provided. All permits
shall be authorized by the Village Council or its designated representative.
(2)
Work is considered to be: installing/repairing/replacing/removing
overhead or underground utilities (wires, pipe, poles, culverts, etc.);
repairing or installing drive approaches/lane improvements, sidewalks,
mailboxes, irrigation lines, signs, planting or relocating trees,
shrubs, and other vegetation.
B.
Exceptions to permit requirements. A right-of-way permit is generally
not necessary for work performed by the Village personnel; regular
maintenance of landscaping (cutting grass, planting flowers, trimming
trees) by a property owner, when a contractor is working on behalf
of the Village performing work under a current contractual obligation;
when right-of-way work is being done in conjunction with another approved
permit (i.e., plot plan). All site development plans shall obtain
a right-of-way permit.
C.
Permit forms. Required permit application, conditions, specifications,
indemnity forms shall be provided to the applicant by the Village.
The Village Council may update all related forms from time to time
as necessary.
B.
Inspection deposits.
(1)
Projects less than $10,000: a cash deposit of 10% of the estimate
of cost of construction ($200 minimum).
(2)
Projects between $10,000 and $100,000: a cash deposit of 6% of the
estimate of cost of construction ($600 minimum).
(3)
Projects over $100,000: a cash deposit of 5% of the estimate of cost
of construction ($5,000 minimum).
C.
Security bond. Cash, certified check, or surety from an approved
financial institution acceptable to the Village shall be filed equal
in amount to the total cost of restoration ($500 minimum).
D.
These fees may be waived or reduced for individual homeowners performing
sidewalk replacement, mailbox or landscaping installation in front
of their residences themselves. Homeowners shall submit a sketch of
the proposed work along with a copy of their homeowner's insurance
policy.
A.
Each registrant shall immediately notify the Village and all other
affected parties or property owners of any event regarding its facilities
that it considers to be an emergency. The registrant may proceed to
take whatever actions are necessary to respond to the emergency. If
the registrant has not been issued the required permit, the registrant
shall, within two business days after the occurrence of the emergency,
apply for the necessary permits and fulfill the remaining requirements
necessary to bring itself into compliance with this article for the
actions it took in response to the emergency.
B.
If the Village becomes aware of an emergency regarding a registrant's
facilities, the Village shall attempt to contact the local representative
of each registrant affected, or potentially affected, by the emergency.
The Village may take whatever action deemed reasonably necessary to
respond to the emergency, the cost of which shall be borne by the
registrant whose facilities occasioned the emergency.
As set forth in Chapter 59, Municipal Civil Infractions, of the Village Code of Ordinances.
By registering with the Village and accepting a permit granted
under this article, a registrant or permit holder agrees as follows:
A.
Limitation of liability. By reason of the acceptance of a registration
or the grant of a ROW permit, the Village does not assume any liability
for: 1) injuries to persons, damage to property or loss of service
claims by parties; or 2) claims or penalties of any sort resulting
from the installation, presence, maintenance or operation of equipment
or facilities by registrants or permit holders or activities of registrants
or permit holders.
B.
Indemnification. A registrant or permit holder shall indemnify, keep
and hold the Village, its officials, employees and agents, free and
harmless from any and all costs, liabilities, and claims for damages
of any kind arising out of the construction, presence, installation,
maintenance, repair, or operation of its equipment and facilities,
or out of any activity undertaken in or near the ROW, whether or not
any act or omission complained of is authorized, allowed, or prohibited
by a ROW permit. The foregoing does not indemnify the Village for
its own negligence except for claims arising out of or alleging the
Village's negligence in issuing the permit or in failing to properly
or adequately inspect or enforce compliance with a term, condition
or purpose of a permit. This section is not, as to third parties,
a waiver of any defense or immunity otherwise available to the registrant,
permit holder or the Village, and registrant or permit holder, in
defending any action on behalf of the Village, shall be entitled to
assert in any action every defense or immunity that the Village could
assert on its own behalf.
If any article, section, subsection, clause, phrase or portion
of this article is for any reason held invalid or unconstitutional
by any court or administrative agency of competent jurisdiction, such
article, section, subsection, clause, phrase or portion shall be deemed
a separate, distinct, and independent provision and such holding shall
not affect the validity of the remainder thereof.
All ordinances, parts of ordinances, or sections of the New
Haven Village Book of Ordinances in conflict with this article are
repealed only to the extent necessary to give this article full force
and effect.
This article, or a summary hereof, shall be published within
30 days of adoption in a newspaper of general circulation in New Haven
Village and shall become effective 30 days after such publication,
as provided by law.
