CHAPTER 90:
STREETS AND SIDEWALKS
Section
Access to and Use of Rights-of-Way for Telecommunications Facilities
   90.001   Purpose
   90.002   Conflict
   90.003   Definitions
   90.004   Permit required
   90.005   Permit issuance
   90.006   Construction or engineering permit
   90.007   Conduit or utility poles
   90.008   Route maps
   90.009   Damage; restoration
   90.010   Maintenance fee
   90.011   Modification of existing fees
   90.012   Disposition of funds; annual report
   90.013   Cable television operators
   90.014   Existing rights
   90.015   Compliance with Act
   90.016   Reservation of powers
   90.017   Civil infraction citation; authorized officials
Use of Rights-of-Way; Construction
   90.030   Structures in rights-of-way; permit required
   90.031   Permit application
   90.032   Proof of insurance; indemnification
   90.033   Work; city requirements apply; fees
   90.034   Noncompliance; cease and desist order; appeal
Driveway Culverts
   90.050   Driveway or other obstruction; culvert pipe required; specifications
   90.051   Construction of driveway or other obstruction; permit required; installation
   90.052   Pavement without curbs; pipe installation required
   90.053   Installation by city; costs of installation
Vacation of Public Ways
   90.065   Intent to vacate; notice of hearing
   90.066   Written objections
   90.067   Vacation; recording of resolution
   90.068   Easement and right of use preserved
   90.069   Vacation petition; fee
Sidewalks
   90.080   Snow and ice; removal required
   90.081   Sidewalk and crosswalk construction; permit; regulations
Sanitary Sewer and Water Main Installation
   90.095   Installation in highways; minimum requirements
   90.096   Tunneling beneath roads; supplemental requirements
   Appendix A:   Lot Terms
   90.098   Consumption of alcohol on public streets, sidewalks and parking lots; a municipal civil infraction
ACCESS TO AND USE OF RIGHTS-OF-WAY FOR TELECOMMUNICATIONS FACILITIES
§ 90.001   PURPOSE.
   The purposes of this ordinance are 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, Public Act 48 of 2002 (“the Act”), 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.
§ 90.002   CONFLICT.
   Nothing in this ordinance shall be construed in a manner so as to conflict with the Act or other applicable law.
§ 90.003   DEFINITIONS.
   (A)   For the purpose of this ordinance, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      ACT.  The Metropolitan Extension Telecommunications Rights-of-Way Oversight Act, Public Act 48 of 2002, as amended from time to time.
      CITY COUNCIL.  The City Council of this city, or its designee.  This section does not authorize delegation of any decision or function that is required by law to be made by the City Council.
      MAYOR.  The Mayor of this city, or his or her designee.
      PERMIT.  A non-exclusive permit issued pursuant to the Act and this ordinance to a telecommunications provider to use the public rights-of-way in the city for its telecommunications facilities.
   (B)   All other terms used in this ordinance shall have the same meaning as defined or as provided in the Act, including without limitation the following:
      AUTHORITY.  The Metropolitan Extension Telecommunications Rights-of-Way Oversight Authority created pursuant to § 3 of the Act.
      MPSC.  The State Public Service Commission in the Department of Consumer and Industry Services, and shall have the same meaning as the term COMMISSION in the Act.
      PERSON.  An individual, corporation, partnership, association, governmental entity, or any other legal entity.
      PUBLIC RIGHT-OF-WAY.  The area on, below, or above a public roadway, highway, street, alley, easement, or waterway.  PUBLIC RIGHT-OF-WAY does not include a federal, state, or private right-of-way.
      TELECOMMUNICATION FACILITIES or FACILITIES.  The equipment or personal property, such as copper and fiber cables, lines, wires, switches, conduits, pipes, and sheaths, which are used to or can generate, receive, transmit, carry, amplify, or provide telecommunication services or signals.  TELECOMMUNICATION FACILITIES or FACILITIES do not include antennas, supporting structures for antennas, equipment shelters or houses, and any ancillary equipment and miscellaneous hardware used to provide federally licensed commercial mobile service as defined in § 332(d) of part I of Title III of the Communications Act of 1934, Chapter 652, 48 Stat. 1064, 47 U.S.C. § 332, and further defined as commercial mobile radio service in 47 C.F.R. pt. 20.3, and service provided by any wireless, 2-way communication device.
   TELECOMMUNICATIONS PROVIDER or PROVIDER. A person or an affiliate of the person each of which for compensation provides 1 or more telecommunication services.
   TELECOMMUNICATIONS SERVICES or SERVICES. Services regulated or unregulated, offered to customers for the transmission of 2-way interactive communication and associated uses. A TELECOMMUNICATION SERVICE is not a public utility service.
§ 90.004   PERMIT REQUIRED.
   (A)   Permit required.  Except as otherwise provided in the Act, a telecommunications provider using or seeking to use public rights-of-way in the city for its telecommunications facilities shall apply for and obtain a permit pursuant to this ordinance.
   (B)   Application.  Telecommunications providers shall apply for a permit on an application form approved by the MPSC in accordance with § 6(1) of the Act.  A telecommunications provider shall file 1 copy of the application with the City Clerk, 1 copy with the Mayor, and 1 copy with the City Attorney.  Upon receipt, the City Clerk shall make 2 copies of the application and distribute a copy to the Director of the Department of Public Works and the Treasurer of the city.  Applications shall be complete and include all information required by the Act, including without limitation a route map showing the location of the provider’s existing and proposed facilities in accordance with § 6(5) of the Act.
   (C)   Confidential information.  If a telecommunications provider claims that any portion of the route maps submitted by it as part of its application contain trade secret, proprietary, or confidential information, which is exempt from the Freedom of Information Act, Public Act 442 of 1976, being M.C.L.A. §§ 15.231 - 15.246, pursuant to § 6(5) of the Act, the telecommunications provider shall prominently so indicate on the face of each map.
   (D)   Application fee.  Except as otherwise provided by the Act, the application shall be accompanied by a 1-time nonrefundable application fee in the amount as set by the City Council, and amended by resolution from time to time.
   (E)   Additional information.  The Mayor may request an applicant to submit additional information which the Mayor deems reasonably necessary or relevant.  The applicant shall comply with all such requests in compliance with reasonable deadlines for the additional information established by the Mayor.  If the city and the applicant cannot agree on the requirement of additional information requested by the city, the city or the applicant shall notify the MPSC as provided in § 6(2) of the Act.
   (F)   Previously issued permits.  Pursuant to § 5(1) of the Act, authorizations or permits previously issued by the city under § 251 of the State Telecommunications Act, Public Act 179 of 1991, § 251, being M.C.L.A. § 484.2251, and authorizations or permits issued by the city to telecommunications providers prior to the 1995 enactment of § 251 of the State Telecommunications Act but after 1985, shall satisfy the permit requirements of this ordinance.
   (G)   Existing providers.  Pursuant to § 5(3) of the Act, within 180 days from November 1, 2002, the effective date of the Act, a telecommunications provider with facilities located in a public right-of- way in the city as of that date, that has not previously obtained authorization or a permit under § 251 of the State Telecommunications Act, Public Act 179 of 1991, § 251, being M.C.L.A. § 484.2251, shall submit to the city an application for a permit in accordance with the requirements of this ordinance.  Pursuant to § 5(3) of the Act, a telecommunications provider submitting an application under this subsection is not required to pay the application fee required under subsection (D) above.  A provider under this subsection shall be given up to an additional 180 days to submit the permit application if allowed by the Authority, as provided in § 5(4) of the Act.
§ 90.005   PERMIT ISSUANCE.
   (A)   Approval or denial.  The authority to approve or deny an application for a permit is hereby delegated to the Mayor.  Pursuant to § 15(3) of the Act, the Mayor shall approve or deny an application for a permit within 45 days from the date a telecommunications provider files an application for a permit under § 90.004(B) of this code for access to a public right-of-way within the city.  Pursuant to § 6(6) of the Act, the Mayor shall notify the MPSC when the Mayor has granted or denied a permit, including information regarding the date on which the application was filed and the date on which the permit was granted or denied.  The Mayor shall not unreasonably deny an application for a permit.
   (B)   Form of permit.  If an application for permit is approved, the Mayor shall issue the permit in the form approved by the MPSC, with or without additional or different permit terms, in accordance with §§ 6(1), 6(2), and 15 of the Act.
   (C)   Conditions.  Pursuant to § 15(4) of the Act, the Mayor may impose conditions on the issuance of a permit, which conditions shall be limited to the telecommunications provider’s access and usage of the public right-of-way.
   (D)   Bond requirement.  Pursuant to § 15(3) of the Act, and without limitation on subsection (C) above, the Mayor may require that a bond be posted by the telecommunications provider as a condition of the permit.  If a bond is required, it shall not exceed the reasonable cost to ensure that the public right- of-way is returned to its original condition during and after the telecommunications provider’s access and use.
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