(A) Complete applications required. Permit applications shall not be considered as complete for any purposes, including the time periods in division (C) of this section, until the application fee has been paid and all of the application information specified in division (B) of this section has been provided.
(B) Application information. At a minimum, applications for disruption and use permits shall include all of the following information on an application form or by attachment to the form of applicable documents and plans, marked and in the order set forth below. With the Village Clerk’s approval, an applicant may rely on information submitted in connection with a specifically identified, previously issued permit, upon a written certification to the Village Clerk that the information has not changed and remains accurate.
(1) Applicant information.
(a) The name, age, if an individual, and address of the applicant, and if the applicant is not a natural person, the date, state and form of business organization.
(b) The character of the business the applicant engages in and the lengths of time and locations where that business has been conducted.
(c) Copies of certificates, articles, last annual report and other written documentation of
applicant’s lawful incorporation, organization, existence, authorization and good standing to conduct its business in the State of Michigan.
(d) Copy of a current financial statement for the applicant.
(e) The names, phone numbers, fax numbers, addresses, E-mail addresses, if applicable, and position, relationship or affiliation with applicant for the following persons:
1. Applicant’s contact person(s);
2. The person(s) that is authorized to and will sign and agree to permits that are issued on behalf of applicant;
3. Applicant’s resident agent for service of process;
4. The person(s) responsible for preparation and revisions of applicant’s maps and plans;
5. All contractors that will be performing any work in village right-of-way for the applicant under the permit(s) requested;
6. The construction and Clerking personnel that will be responsible for supervision of disruption, maintenance and repair work in village right-of-way and for communication with the village regarding such work.
(f) Identification of all other permits the applicant has been issued by the village and proof of full compliance with them.
(2) Plan, work and schedule information.
(a) An 8½-inch x 11-inch paper, a scaled drawing or map of the village that shows or contains:
1. The general route and location of improvements to be installed and/or used;
2. The relationship of the improvements to existing and proposed improvements in adjoining municipalities;
3. The length or other applicable measurement of village right-of-way that will be used by the applicant, expressed in lineal feet of aerial and under ground portions of proposed and existing improvements;
(b) Detailed plans and a separate list or index of same at a scale of no less than one inch equals 100 feet for the improvements applicant proposes to construct and/or use, with each plan to clearly show or contain all of the following information:
1. The name and address of the person that prepared the plan, the dates of preparation and revisions, a job/work title and/or number and a drawing/sheet number;
2. Whether the improvements are existing or proposed;
3. All village right-of-way lines and property lines if within the village right-of-way and the location of the improvements in relation thereto;
4. The lineal feet or other area of village right-of-way occupied or proposed to be occupied by the improvements shown on the plan, expressed separately for aerial and underground portions;
5. Match lines by which each plan can be related to the applicant’s other plans;
6. A description of the improvements shown on the plan that includes the size, components, capacity, ownership and existing, proposed and potential uses;
7. For aerial improvements, all existing and new poles or structures to which the improvements are or will be attached shall be shown and designated as such together with the owner of each such pole or structure;
8. For aerial improvements, elevations shall be depicted on a drawing that shows applicant’s improvements in relation to all other existing improvements and the poles or structures to which they are or will be attached;
9. For underground improvements, in addition to the applicant’s, the plans shall show all other existing underground appliances, conduits and improvements, it being the applicant’s responsibility to determine the existence and location of such other improvements. The plans shall show the applicant and other existing improvements by reference to the horizontal and vertical location and separation between improvements that exist or are proposed;
10. The locations of rivers, streams, drains, bodies of water and state or village regulated wetlands crossed by applicant’s improvements;
11. The location of all village rights-of-way that will or may be disrupted by the installation, use, maintenance or repair of applicant’s improvements;
12. The location of any above ground structures or landscaping, including but not limited to trees, shrubs, signs, hydrants, mail boxes and driveways within or adjoining the village right-of way that will or may be disrupted or damaged by the installation, use, maintenance or repair of the applicant’s improvements.
(c) A description of the manner in which the improvements will be installed, maintained and repaired by reference to the number and types of vehicles, equipment and personnel involved and the area of village right-of-way within which disruption activities will be occurring at any given time.
(d) A description of the time and manner in which applicant will restore village rights-of-way that may be disrupted or damaged by applicant’s activities.
(e) If the applicant is proposing to construct new aerial poles or new underground conduit or pipe improvements, a description of why it is not physically and financially feasible for applicant to utilize existing poles, pipes, conduits and improvements.
(f) Such other information as may be required for the village to issue and establish individual terms and conditions for a permit.
(g) The length of time it will take applicant to complete the installation and required restoration under a proposed disruption permit, expressed in terms of the number of weeks from the date the permit is issued and noting any changes to the schedule that may be needed based on the time of year the permit is issued or any other variable that is not within applicant’s control.
(3) Miscellaneous information and documentation.
(a) Copies of Michigan Department of Transportation, Oakland County and other governmental permits that are required for applicant’s improvements or documentation that such permits have been applied for.
(b) If applicant proposes to locate its improvements on, within or as part of poles, conduits or improvements of other persons, copies of applicant’s written agreements with those persons, confirming applicant’s rights and the capacity of those poles, conduits or improvements to safely accommodate applicant’s improvements in addition to existing and other approved improvements, shall be filed with the Village Clerk. If the written agreement does not contain the safety confirmation, a separate written safety certification by the utility company owning the poles, conduits or improvements to be used by applicant must be provided.
(c) A detailed description of the services to be provided by the applicant’s improvements, which shall include a description of the system those improvements will be a part of and the categories or classifications and locations of existing, intended and potential customers or persons that are or may be served by the improvements. A description of how disputes between persons owning, operating, using or benefitting from the improvements will be resolved so as to avoid an interruption in the product or service provided by the improvements.
(C) Application reviews and permit decisions. Except as otherwise provided in this section, the Village Clerk shall approve or deny a permit for issuance within 90 days from the date the applicant files a complete application. Approval of a permit for issuance does not authorize any disruption or use of village right-of-way.
(1) Within 60 days after the date that the applicant files an application, the Village Clerk shall
review the application and notify the applicant of any deficiencies. The applicant shall be entitled to present any information, evidence or comments in response to the notice of deficiencies and otherwise in support of its application.
(2) The Village Clerk may not approve a permit for issuance to an applicant that is in violation
of or has unsatisfied obligations to the village under a prior permit.
(3) The Village Clerk shall not unreasonably deny an application for a permit. The Village Clerk review and decision on an application shall be based on this subchapter, which establishes the terms and conditions under which the village consents to disruption in and use of the village rights-of-way. The Village Clerk’s review of an application may include and incorporate reviews by other village staff or consultants.
(4) The 90-day time requirement for the Village Clerk to make a decision and the 60-day time
period for Village Clerk initial review may be waived or extended by Village Clerk and applicant in writing.
(D) Permit conditions and bonds. The Village Clerk may impose conditions on any permit necessary to ensure and protect the public health, safety and welfare from the applicant’s disruption and/or use of the village’s right-of-way. The Village Clerk may require as a condition of any permit that a bond be posted by the applicant, which shall not exceed the reasonable costs to ensure the village’s rights-of-way are restored to their original condition after the permitted disruption or use. The Village Clerk may require, as a condition to the issuing of any permit, that wires, cables or fiberoptic wires be laid in underground conduits.
(E) Permit issuance. Upon approving a permit for issuance, the Village Clerk shall provide the applicant with two copies of a completed permit form and documents that contain or incorporate all terms and conditions under § 96.032 and any individual conditions imposed by the Village Clerk. To obtain permit issuance, the applicant shall accept and agree to the permit by signing both copies of the permit and applicable permit documents in the form and manner specified and delivering them to the Village Clerk, together with any required fees, bonds, insurance certificates and any other documents that were specified by the Village Clerk as conditions for permit issuance. When all requirements for permit issuance have been satisfied, the Village Clerk shall issue the permit by dating and signing each of the permit forms, keeping one for Village Clerk records and mailing or delivering the second to the permittee. Copies shall be retained by the Village Clerk and filed with the Mayor and Village Attorney.
(F) Appeal. Any person, firm or corporation denied a permit as provided in this section may appeal the denial to the Village Council by filing a written application with the Village Clerk not more than ten days after permit denial. The application for appeal shall fully and particularly set forth the nature and grounds upon which the appeal is based. The Village Council shall, within 30 days after the filing of such notice of appeal, hold a hearing on the appeal. No filing fee shall be required for such appeal. Upon hearing the appeal, Village Council shall either grant or deny the permit, with or without conditions.
(G) Permit display. A disruption permit or copy thereof, together with the approved plans, shall be in the possession of the permittee’s employee or representative at each work location at all times.
(H) Permit amendments. Disruption permit amendments are in the discretion of the Village Clerk, who for more than minor changes or alterations may require that a new permit be applied for and obtained. Use permits may be amended by the Village Clerk upon a written application of the permittee as provided in this section to include additional rights-of-way, with the rights to use the additional right-of-way being only for the remainder of the original use permit term. All application, application review and processing and annual use permit fees shall be paid in connection with such an amendment.
(Ord. 169, passed 11-27-00)