(a) A right-of-way permit for non-PUC regulated persons shall only be granted after an applicant has completed an application in the form that has been prescribed by the township, which form may be revised from time to time. Upon request, an applicant shall be provided with a copy of the then current application for a right-of-way permit. The application shall request information regarding the applicant’s proposed or actual physical use and occupation of the rights-of-way. The applicant shall provide specific information regarding the equipment it proposes to place or currently maintains in the rights-of-way. If the completed application does not fully provide such requested information, the township may request such additional information as is necessary to enable it to make a determination regarding the physical use and occupation of the rights-of-way by the applicant. For purposes of determining the commencement of the township’s review process, the application shall be deemed to have been filed on the day all information requested by the township has been received by the township.
(b) Upon the filing of a fully completed application to the township and the accompanying fee, the township shall review the application as follows. This fee will be refunded in the event the application is denied. If the application is granted, the application fee will apply to the full term of the right-of-way permit of one year. The township shall grant or deny such applications within 45 days of its filing. If the township denies the application, it shall provide a written response to the applicant explaining the basis for denial. If the township fails to grant or reject such application within the time period specified above, the application shall be deemed approved. In each case, the township shall review the application to determine whether such use would have a detrimental effect on public safety as it relates to the rights-of-way or would place an undue physical burden on the rights-of-way.
(c) In considering an application, the township may use such experts as it deems appropriate to make an informed decision. In the event the township deems it necessary to employ an outside expert or experts to advise the township with respect to a particular application, the reasonable costs of such expert or experts shall be borne by the applicant.
(d) A person shall have no recourse whatsoever against the township for any loss, cost, expense or damage arising out of the failure to grant a permit. By applying for a permit, the applicant acknowledges that it has not been induced to apply for or accept a permit by any understanding or promise or other statement, whether verbal or written, by or on behalf of the township or by any other third person concerning any term or condition of a permit not expressed in this chapter.
(Ord. 985, passed 11-20-2018)