[HISTORY: Adopted by the Township Board of the Township of Grosse Ile as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-11-1980 by Ord. No. 137 as Ch. 19 of the Grosse Ile Township Code]
A permit shall be required and obtained from the Township for and prior to the change of location of, or the erection, construction, alteration, replacement, or maintenance of, or for and prior to any such or other work being done on or with respect to any underground, surface or overhead gas, electrical or telephone transmission or distribution system or portion, part or component thereof located within the Township; except, however, that routine maintenance of any portion thereof not involving a change of location and being done as part of or associated with normal or emergency repair or servicing of such system or portion thereof shall be excluded from the provisions of this article.
Application for the permit required by this article shall be made to the Township's Department of Community Development and shall:
Identify the street, roadway or other location within the Township where the proposed work is to be done;
Contain a description of the proposed work or project and a schematic drawing showing the work proposed to be done and its relation to any street, roadway or other location within the Township;
Contain specifications and an estimated value of the work proposed to be done under the permit applied for;
Set forth the contemplated date of starting and the estimated time for completion thereof.
The work proposed to be done pursuant to the permit applied for under the provisions of this article shall be done in accordance with any requirements established by the Township as a condition of the issuance of the permit and shall be inspected by the Township Engineer in accordance with an inspection schedule established by the Engineer and recorded on the permit. Final approval of the work done under permit issued pursuant to this article shall be obtained from the Township Engineer prior to use of the work or any portion thereof covered by such permit.
Prior to the issuance of the permit provided for in this article, the permit applicant shall pay to the Township such permit and inspection fees as are established under the Township's schedule of inspection and permit fees for general construction within the Township.
[Adopted 4-7-2001 by Ord. No. 298]
This article may be entitled "Public Right-of-Way."
Unless otherwise indicated, the terms used in this article are defined as follows:
- A public or legally established thoroughfare other than a street affording a secondary method of vehicular access to abutting property and not intended for general traffic circulation.
- A part of the street usually of the same elevation as the center of the street which is parallel to the street which separates the portion of the roadway established for vehicular traffic from the adjacent greenbelt area designed to keep vehicular traffic from the greenbelt area.
- FACILITIES AND STRUCTURES
- Poles, towers, monitoring wells, pipes, conduits, guy wires, anchors, pedestals, utility boxes, manholes, handholes, vaults, utility pits, nodes, junction boxes, buildings and enclosures, including fences.
- PUBLIC RIGHT-OF-WAY
- The entire area owned or dedicated by the Township or other governmental agency or entity for public use as a highway, street, alley or other public place.
- PUBLIC UTILITY
- Any company engaged in providing steam, heat, electricity, gas, water, sewer, telephone, telegraph, cable television, open video service, telecommunications, pipeline or other similar service using the public right-of-way.
- That portion of a public thoroughfare improved, designed or ordinarily used for vehicular traffic including curbs on paved roads and shoulders on unimproved thoroughfares.
- UTILITY EASEMENT
- A right or privilege over a specific portion of land area granted by the owner to the public, a corporation or some particular person or persons for specific uses and purposes and which is designated a public or private easement depending on the nature of the use.
No person, partnership, association or corporation, public or private, operating a public utility may use the highways, streets, alleys or other public places in the Township for wires, poles, pipes, tracks, conduits or other utility facilities without the consent of the Township.
No person, partnership, association or corporation, public or private, operating a public utility may transact local business in the Township without first obtaining a franchise from the Township. Competitive suppliers of natural gas or electricity with customers in the Township shall obtain a franchise from the Township. A public utility providing transmission or distribution services to any person, partnership, association or corporation, public or private, offering any public utility, natural gas or electric supply service to customers in the Township shall promptly notify the Township Clerk in writing of the name and address of such person, partnership, association or corporation.
Providers of telecommunications services using the highways, streets, alleys, or other public places in the Township shall obtain a permit from the Township as required by Section 254 of Act No. 179 of the Public Acts of 1991, as amended. It is unlawful to accept any telecommunications services from a provider of telecommunications services using the highways, streets, alleys or other public places in the Township which does not have a permit from the Township.
Applications for permits and franchises under this article shall be made to the Director of Public Works on a form prepared by the Director of Public Works. Applications for a right-of-way permit under § 258-8 shall require the payment of a nonrefundable application fee to be determined by the Director of Public Works based upon the size and cost of each project. Applications for a franchise under § 258-9 shall require the payment of a nonrefundable application fee as set from time to time by the Township Board. Applicants for a telecommunications permit under § 258-10 shall pay a fee not exceeding the fixed and variable costs to the Township in granting a permit by depositing with the Township a refundable application fee as set from time to time by the Township Board. The Township will keep a record of the costs to the Township in each case and render a refund or submit an invoice to the applicant.
Upon receiving a completed application, the Director of Public Works will advise the Township Attorney who will draft the appropriate permit or franchise and schedule the matter for consideration by the Township Board of Trustees.
A right-of-way permit under § 258-8 will contain such terms and conditions as deemed appropriate by the Township Attorney and the Director of Public Works. The Township Board of Trustees may require payment of an annual right-of-way fee determined by resolution from time to time. A right-of-way permit is revocable at will by the Township and may be issued for a term not exceeding 15 years.
A franchise under § 258-9 will contain such terms and conditions as deemed appropriate by the Township Attorney and Director of Public Works. The Township Board of Trustees may require payment of a franchise fee. Unless submitted to the voters and approved by a 3/5 majority, franchises are revocable at will by the Township. Franchises may be issued for a term not exceeding 15 years.
The Township Board of Trustees will approve or deny a permit under § 258-10 within 90 days from the date a provider files an application. A permit under § 258-10 will contain such terms and conditions as deemed appropriate by the Township Attorney and Director of Public Works. The Township Board of Trustees may require payment of a permit fee not exceeding the fixed and variable costs to the Township of maintaining the rights-of-way, easements and other public places used by a provider. The Township may require as a condition of a permit under § 258-10 that a bond be posted by a provider of telecommunications services to ensure that the right-of-way, easements and other public places used by a provider are returned to their original condition during and after a provider's access and use.
In the event that the holder of a permit or franchise (or any subsidiary, affiliate or other related company) pays a fee, charge, or other payment of any kind on a periodic basis (i.e., monthly, quarterly, or annually) to any municipality in the State of Michigan which is higher or in addition to any fees or charges set forth in a permit or franchise with the Township, the holder of a permit or franchise shall notify the Township in writing of the details of such other arrangement within 60 days of its effective date. Upon receipt by the Township of such notice, a revocable permit or franchise may be revoked upon notice from the Township. As a condition for a new permit or franchise, the Township may require payment of a similar fee or charge as provided to the third party.
A person, partnership, association or corporation granted a permit or franchise shall obtain all other necessary permits or approvals for construction, maintenance and operation in the Township required by this chapter, the Township Code, and state and federal law.
The purpose of this article is to regulate the construction, maintenance and repair activities in the public right-of-way by public utilities and others used by the Township for sidewalks, bike paths, sewer, water or other facilities and to establish permit procedures and standards pertaining to the installation of facilities and structures within the public right-of-way and utility easements, encouraging joint planning of public utility, cable television and telecommunication construction projects in the public right-of-way, coordinating and standardizing the location of particular kinds of facilities and structures in the public right-of-way and minimizing their interference and impairment of sidewalks, streets, sanitary sewer, storm drain or water pipes.
It is unlawful for anyone listed in § 258-8 to work within any public right-of-way or utility easement without a permit from the Township.
It is unlawful for anyone to make any excavation or opening in or to tunnel under any public right-of-way without a permit from the Township. The Township Manager or a designee may, if public safety requires, grant immediate permission to a person to make a necessary excavation or opening within the public right-of-way provided that a permit is obtained by the next business day.
No unnecessary damage or injury may be done to any tree, shrub, other vegetation, land or other structures in the public right-of-way. If any sidewalk is blocked by any work, a temporary accessway shall be constructed or provided which must be safe and convenient for travelers.
Owners of any underground facilities and structures within a public right-of-way must participate in the Miss Dig System and respond to and stake or locate its facilities and structures within the rules and regulations as prescribed by the Miss Dig System and hold the Township, its agents and contractors harmless for any damage to facilities and structures which may be damaged as a result of the Township repairing or maintaining its sanitary sewers, storm drains or water mains located in any public right-of-way if due to untimely or incorrect locations being staked or identified.
The placement of facilities and structures within public right-of-way and utility easements is subject to approval by the Township Engineer. The location of aboveground facilities and structures are subject to review and approval by the Township for visibility, traffic and pedestrian safety, landscaping, screening and other site conditions.
All openings, excavations or obstructions in a public right-of-way must be properly barricaded and illuminated as required by the Michigan Manual of Uniform Traffic Control Devices to prevent injury or damage to persons or vehicles. Safety devices must be installed at all construction sites to provide adequate notice and warning to both pedestrians and motorists.
All openings, excavations and tunnels in a public right-of-way must be properly shored and braced in accordance with all standards promulgated by the Occupational Safety and Health Administration (OSHA) and the Michigan Occupational Safety and Health Administration (MIOSHA) to insure the safety of all workers and prevent cave-ins and washouts which would likely cause damage to the surface grade of the street or adjoining portions of the right-of-way. If it appears that there is a danger to the public safety, the Township has the authority to install any and all barricades, warning signs and other such devices that it may deem necessary and may charge the permit holder for costs incurred in protecting the public and may revoke the permit.
Underground facilities and structures constructed of nonmetallic material are required to have a traceable metallic wrap or accompanying wire for the purpose of tracing and locating with conventional locating equipment. When placed in the public right-of-way, facilities and structures constructed of material susceptible to breakage (i.e., fiber optic line) may be encased in a protective shell as approved by the Township.
The applicant must agree to abide by all of the terms and conditions as set by the Township of Grosse Ile. Such terms and conditions will be provided to the applicant upon receipt of the permit.
Application for a construction or maintenance permit under the terms and conditions of this article and any other applicable provision of the Township ordinances shall be made on forms provided by the Township and shall be accompanied by plans and specifications showing the proposed work to be performed within the public right-of-way.
Application for a permit may not be accepted unless it contains all of the required information, is accompanied by required plans which conform to the applicable provisions of the Township ordinances and regulations and is accompanied by the payment of a permit fee as established by resolution of the Township Board of Trustees from time to time. The applicant shall pay applicable plan review and inspection fees. The proposed plans and specifications shall be reviewed by the appropriate Township departments and Township Engineer depending on the nature of the work to be performed.
Adequate self-insurance or liability policies naming the Township and its agents as additional insured shall be required by the Township. A properly executed certificate of insurance containing evidence that the pertinent policy of insurance or endorsement applies to the provisions under which the permit is issued and approved as to form by the Township Attorney shall be filed with the Director of Public Works. Provision for explosion, collapse, and underground hazard shall be required on all permits.
As a condition of obtaining a permit under §§ 258-13 through 258-22, the applicant shall be required to file with the Township a cash construction and restoration bond in an amount of at least $1,000 or 5%, whichever is greater, as established by the Township Engineer based on the applicant's approved estimated cost of the project plus restoration, including labor, materials and overhead. The bond may be utilized to pay all valid claims for damages resulting from activity within the public right-of-way. The estimated cost of the project shall be consistent with the installed cost of the project as reported for state and local tax purposes. The cash bond shall be conditioned to pay for restoration and for all damages to the public right-of-way of the Township and to hold the Township harmless of every damage of every other nature whether to persons or property for which such Township may be held liable by reason of or which is occasioned by the doing of a thing or the exercise of the privilege for which the permit upon which the cash bond was based was granted. The applicant must execute an agreement to defend, indemnify and hold the Township harmless in the event a claim arises out of an activity conducted by the applicant within the right-of-way.
The owner of any facilities and structures within a public right-of-way may obtain an annual blanket work permit (January 1 to December 30) covering all maintenance and repair activities but not new construction upon payment of a fee set by resolution of the Township Board of Trustees, the posting of a cash construction and restoration bond in the amount of $2,500 or such other amount established by the Township Engineer based upon experience with a particular public utility and the filing of detailed maps describing the location of all the owner's facilities and structures within the Township. The holder of an annual blanket work permit must file with the Township, upon request, a report describing the nature and location of the maintenance and repair work. The bond shall be conditioned to pay for restoration and all damages to the public right-of-way of the Township and to hold the Township harmless of every damage of every other nature whether to persons or property for which such Township may be held liable by reason of or which is occasioned by the doing of a thing or the exercise of the privilege for which the permit upon which the cash bond was based was granted. The applicant must execute an agreement to defend, indemnify and hold the Township harmless in the event a claim arises out of an activity conducted by the applicant within the right-of-way.
All construction work done pursuant to any permit issued pursuant to this article shall be inspected by a qualified Township official to determine that the work conforms with the applicable Township ordinance provisions. The Township may suspend or revoke any permit where the workmanship or materials used do not conform to the approved plans and specifications and the applicable provisions of this article or other applicable ordinances. Violation of the terms and conditions contained in this article or any other applicable ordinance or ordinance provision may result in the permit being revoked. It is unlawful to perform any work authorized by any permit or cause any work to be performed after a permit has been suspended or revoked.
As-built or engineering maps and plans must be submitted by the applicant to the Township Engineer as soon as they are completed, but no later than 90 days after completion of the work. If available, a digital geographical information system layer, using a program, format and computer media acceptable to the Township and containing such information and data as the Township may require, which accurately displays the work may be required. Proprietary information may be submitted under a promise of confidentiality as provided by the Freedom of Information Act.
The Director of Public Works may issue a stop-work order to anyone violating this article, the Township Code, or state or federal law. All operations for which a permit is granted pursuant to the terms of this article are under the supervision of the Director of Public Works. If a permit is refused, suspended or revoked, the applicant may within 10 days of the denial, suspension or revocation appeal that determination to the Township Board of Trustees. The Township Board of Trustees may, after proper notice to all interested parties, conduct a hearing concerning the refusal, suspension or revocation. After conducting the public hearing the Township Board of Trustees may either affirm, modify or reverse the decision of the Director of Public Works. The decision of the Township Board of Trustees is final.