This chapter shall be known and may be cited as the City of
Royal Oak "Right-of-Way Ordinance."
A.
Pursuant to Section 29 of Article 7 of the Michigan Constitution,
as may be amended, and other applicable state and federal legislation,
including but not limited to MCLA § 247.183, as may be amended,
and the City Charter, as may be amended, the City of Royal Oak has
the authority to exercise reasonable control over its highways, streets,
alleys and public places. The City of Royal Oak finds that, in the
furtherance of control and to ensure and protect the public health,
safety and welfare, it is appropriate for the City to monitor, review
and regulate activities and persons that disrupt and/or use a City
right-of-way.
B.
This chapter is further intended to minimize disruption, disturbance
and damage to the City's rights-of-way, to exercise reasonable
control over and monitor the use of the same, and to maintain aesthetic,
quality, and property values by requiring those persons who seek to
disrupt and/or use a City right-of-way by constructing, installing,
locating, operating, using and/or maintaining improvements, including
sewer and water service leads, sidewalks, driveways and approaches,
landscaping, utilities and telecommunications, gas, and/or electric
transmission systems therein, to obtain a permit and pay fair and
reasonable permit fees.
C.
The City further finds that requiring insurance coverage, performance
guarantees and bonds, warrantees and the payment of the application
and permit fees will assist in protecting the City's interests
in its rights-of-way, by allowing the City to cover the fixed and
variable costs of maintaining, monitoring, and ensuring quality control
with regard to its rights-of-way and related records.
D.
This chapter is further intended to regulate access to and ongoing
use of public rights-of-way by telecommunications providers for their
telecommunications facilities while protecting the public health,
safety, and welfare and exercising reasonable control of the public
rights-of-way in compliance with the Metropolitan Extension Telecommunications
Rights-of-Way Oversight Act (Act No. 48 of the Public Acts of 2002)
("Metro Act" or "Act"),[1] as may be amended, and other applicable law, and to ensure
that the City qualifies for distributions under the Act by modifying
the fees charged to providers and complying with the Act.
[1]
Editor's Note: See MCLA § 484.3101 et seq.
As used in this chapter, the following words shall be defined
as follows:
The paved area or area designated for vehicular travel within
the right-of-way between the street and the sidewalk, driveway, alley
or adjoining any private property.
An agreement also referred to as a performance guarantee,
pledging that a permittee or other entity will become legally liable
for financial loss caused to the City by the act or default of the
permittee or permit requirements. Bonds acceptable to the City shall
be in the amount established by code, contract or other agreement,
based on the value of the proposed work or as required by the City
Engineer. Bond format shall be currency or irrevocable letter of credit
and, in some instances, surety when allowed.
The City of Royal Oak City Charter.
The City of Royal Oak, and when used in this chapter in connection
with any filing, submittal, delivery or payment to, or review, approval
or other action, refers to the City Engineer as defined herein.
The City of Royal Oak City Commission.
The City of Royal Oak Standard Specifications for Construction,
as amended, which include requirements for utility construction, excavation,
backfill and compacting backfill, pavement removal and replacement,
sidewalk and driveway approach removal and replacement, restoration
of lawn and landscape areas and for trimming, protecting and replacing
trees and other vegetation.
The City of Royal Oak Downtown Development Authority.
The City of Royal Oak Engineering Site Plan Design Standards,
as amended, which include specific requirements for the material,
type, layout, positioning, extent and use of the public right-of-way,
for public and private utilities, utility service leads, pavements,
sidewalks, landscaping, trees, etc.
The Director of Community Development, or his designee.
A physical change, modification, alteration, disturbance,
injury and/or damage to or in a City right-of-way, including but not
limited to construction, installation, location, maintenance, modification,
alteration, replacement or repair of improvements, and the removal
or alteration of a right-of-way surface grade or material, tree, sign,
marker, hydrant or other material or object.
Any area of land, typically on another's real property,
which has been granted or dedicated to the City or to public use,
including but not limited to road or right-of-way, utility, water
main, sewer line, access, drainage, recreation, conservation and other
public areas, whether as easements or in fee.
The City Engineer of the City of Royal Oak, or his designee.
Any appliance, conduit, facility, pipe, pole, post, pavement,
plant, structure, wire, cable, fiber, building or any other man-made
or placed material or object.
The City Manager of the City of Royal Oak, or his designee.
All laws, codes and regulations duly enacted and adopted
by the City.
A real person or corporate entity who has been issued a disruption
or use permit pursuant to the terms and provisions of this chapter
and all employees, agents, contractors and other persons that direct
or perform any activity covered by the permit.
Includes all natural persons, firms, co-partnerships, corporations,
and all associations of natural persons, incorporated or unincorporated,
whether acting by themselves or by a servant, agent or employee. All
persons who violate any of the provisions of this chapter, whether
as owner or as agent, servant or employee, shall, except as herein
otherwise provided, be equally liable as principals.
An easement upon another's real property acquired by
continued public use with or without permission of the owner for a
time period provided by state law to establish the easement. Continued
public use may include, but is not limited to, a road or right-of-way,
sidewalk, utility, access, drainage, recreation, conservation and
other public areas.
Land or real property which by deed, conveyance, agreement,
easement, dedication, usage or process of law is reserved and dedicated
for a defined use by another person or persons, typically for right-of-way,
utility, water main, sewer line, access, drainage, etc.
Any area owned, under the jurisdiction of, or controlled
by the City.
Land which by deed, conveyance, agreement, dedication, usage
or process of law is reserved and dedicated to the general public
for street, highway, alley, public utility, or pedestrian walkway
purposes, whether or not said land has been improved or accepted for
maintenance by the City; any and all public rights-of-way, streets,
highways, roads, sidewalks, alleys, thoroughfares, and public places
located within the City, including within any curbs, shoulders, landscaped
areas and/or other areas incidental and/or appurtenant thereto, but
not including federal, state or private rights-of-way.
A nonexclusive limited permit issued by the City to a person
pursuant to this chapter allowing an activity which will result in
a blockage or disruption to the City's right-of-way, public easement,
public place or property.
Includes any paved pathway, sidewalk, crosswalk, or driveway
adjoining any public street or alley and abutting or adjoining any
private property for pedestrian and nonmotorized access and movement.
The paved area or area designated for vehicular travel within
the right-of-way or easement. The word "street" shall be synonymous
with the words "thoroughfare," "highway" and "road."
The City Treasurer of the City of Royal Oak, or his designee.
A nonexclusive limited permit issued by the City to a person
pursuant to this chapter allowing use of the City's right-of-way
for an improvement therein.
A service (such as sewer or water, irrigation, traffic control
systems, light, power, communications, etc.) provided by a public
agency or equipment or a piece of equipment to provide such service
or a comparable service.
The City of Royal Oak Zoning Ordinance, City Code Chapter 770, as may be amended.
