(A) Disruption permit required.
(1) Generally. Except as otherwise provided in this section, no person, including persons who
have a use permit or may be exempt from the use permit requirements in § 96.031, shall direct or perform any activity which causes or results in any disruption to any village right-of-way unless the consent of the village is first obtained, as evidenced by a disruption permit issued by the Village Clerk pursuant to this subchapter. Activity shall be performed in accordance with the disruption permit and in the manner provided for in this subchapter.
(2) Exceptions. A disruption permit is not required for activities by or under contract with the Michigan Department of Transportation or Road Commission of Oakland County, temporary obstructions which are incidental to the expeditious movement of articles and things to and from abutting premises, the lawful operation and parking of vehicles within the part of the village’s right-of-way or the lawful and customary use of property by adjoining property owners for such things as landscaping and lawful repairs, maintenance and other activities of, for or on a sidewalk, driveway or other similar improvement in the village’s right-of-way. In the event of a disruption emergency, including, but not limited to a natural disaster, civil disturbance, flood and/or other severe weather condition, a person and/or a permittee may disrupt the village’s right-of-way without first receiving a disruption permit from the village, provided that the Village Clerk and/or his or her designee has approved the emergency disruption before it takes place. Copies of the utility company work orders or repairs shall be submitted to the Department of Building and Clerking as soon as possible after repairs are made.
(3) Violations. Failure to obtain a disruption permit under this section shall constitute a violation of this section and shall subject the violating person to the penalties provided for in this subchapter. A person who violates this section shall pay the required application fee and disruption permit fee, as well as any additional charge that may be established by resolution of the Village Council for that period of time that the person did not have a valid disruption permit.
(B) Disruption permit application procedures and fees.
(1) A person that wants to direct or perform any activity which will or may result in any disruption to the village’s rights-of-way shall apply to the village for a disruption permit pursuant to this section and § 96.031. Every applicant must complete and file six copies of an application with the Village Clerk’s office in a form designated or provided by the Village Clerk.
(2) At the time of filing an application, the applicant must pay to the Village Clerk a nonrefundable application fee, with the amount of the application fee to be established by resolution of the Village Council. In addition, after the application has been reviewed by the village, the applicant shall pay an application review and processing fee in an amount necessary to reimburse the village for the costs in reviewing, processing, investigating, granting or denying and issuing the disruption permit, as estimated by the Village Clerk based on rates and factors established by resolution of the Village Council. If review and processing costs exceed the Village Clerk’s estimate, they shall be paid by the applicant prior to permit issuance.
(C) Disruption permit fee. In addition to the nonrefundable application fee, application review and processing fees and any other applicable fees for permits or approvals required by other village ordinances and applicable laws, the permittee shall pay a disruption permit fee in an amount which will cover all of the village’s administrative, inspection, consulting, plan review, monitoring and other costs in conjunction with the permittee’s disruption of the village right-of-way. At or prior to the time the village issues the disruption permit, the permittee shall pay to the village a disruption permit fee in an amount that the Village Clerk has estimated that the village’s costs in conjunction with the disruption are likely to be. Additional disruption permit fees may be required by the Village Clerk during construction to cover unanticipated inspection costs and shall be paid by the permittee within three calendar days of the Village Clerk’s notice. If they are not, the permittee shall immediately restore the work site to a safe condition and suspend activities authorized under the permit until the additional inspection fees are paid. Upon completion of the disruption activities, the permittee shall pay to the village any costs incurred in conjunction with the disruption activities that are over and above the amount paid to the village by the permittee as the estimated disruption permit fee.
(D) Disruption permit term and extension.
(1) The disruption permit granted to the permittee by the village shall be for a specified time
period established by the Village Clerk after taking into consideration the information in the permittee’s disruption permit application.
(2) Prior to the expiration of the term of the disruption permit, a permittee may apply in writing to the Village Clerk for an extension of the permit, which shall be granted by the Village Clerk if the permittee demonstrates a valid reason and explanation for why the disruption activities could not be completed during the term initially established. For purposes of seeking an extension of its disruption permit, the applicant shall pay an extension application fee to the Village Clerk in an amount established by resolution of the Village Council. The Village Clerk shall have the right to impose additional conditions on disruption permit extensions.
(E) Disruption permit terms and conditions. In addition to any individual conditions imposed by the Village Clerk on a permit as provided in § 96.031, all disruption permits shall include and require compliance with all terms and conditions set forth in § 96.032.
(F) Revocation of permit and stop work orders. All disruption permits shall be subject to stop work orders and/or revocation under the standards and procedures contained in § 96.033.
(Ord. 169, passed 11-27-00)