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(A) Approval or denial. The authority to approve or deny an application for a permit is hereby delegated to the Village Council. Pursuant to Section 15(3) of the Act, the Village Council 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 § 111.03(B) for access to a public right-of-way within the village. Pursuant to Section 6(6) of the Act, the Village Council shall notify the MPSC when the Village Council has granted or denied a permit, including information regarding the date on which the application was filed and the date on which permit was granted or denied. The Village Council shall not unreasonably deny an application for a permit.
(B) Form of permit. If an application for permit is approved, the Village Council shall issue the permit in the form approved by the MPSC, with or without additional or different permit terms, in accordance with Sections 6(1), 6(2) and 15 of the Act.
(C) Conditions. Pursuant to Section 15(4) of the Act, the Village Council 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 Section 15(3) of the Act, and without limitation on division (C) above, the Village Council may require that a bond be posted by the telecommunication 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.
(Ord. 41, passed 11-8-02) Penalty, see § 111.99
A telecommunications provider shall not commence construction upon, over, across, or under the public rights-of-way in the village without first obtaining a construction or engineering permit as required for construction within the public rights-of-way. No fee shall be charged for such a construction or engineering permit.
(Ord. 41, passed 11-8-02) Penalty, see § 111.99
Pursuant to Section 4(3) of the Act, obtaining a permit or paying the fees required under the Act or under this subchapter does not give a telecommunications provider a right to use conduit or utility poles.
(Ord. 41, passed 11-8-02) Penalty, see § 111.99
Pursuant to Section 6(7) of the Act, a telecommunications provider shall, within 90 days after the substantial completion of construction of new telecommunications facilities in the village, submit route maps showing the location of the telecommunications facilities to both the MPSC and to the village. The route maps should be in paper format unless and until the Commission determines otherwise, in accordance with Section 6(8) of the Act.
(Ord. 41, passed 11-8-02) Penalty, see § 111.99
Pursuant to Section 15(5) of the Act, a telecommunications provider undertaking an excavation or construction or installing telecommunications facilities within a public right-of-way or temporarily obstructing a public right-of-way in the village, as authorized by a permit, shall promptly repair all damage done to the street surface and all installations under, over, below, or within the public right-of-way and shall promptly restore the public right-of-way to its preexisting condition.
(Ord. 41, passed 11-8-02) Penalty, see § 111.99
In addition to the non-refundable application fee paid to the village set forth in § 111.03(D), a telecommunications provider with telecommunications facilities in the village's public rights-of-way shall pay an annual maintenance fee to the Authority pursuant to Section 8 of the Act.
(Ord. 41, passed 11-8-02) Penalty, see § 111.99
In compliance with the requirements of Section 13 (1) of the Act, the village hereby modifies, to the extent necessary, any fees charged to telecommunications providers after November 1, 2002 the effective date of the Act, relating to access and usage of the public rights-of-way, to an amount not exceeding the amounts of fees and charges required under the Act, which shall be paid the Authority. In compliance with the requirements of Section 13(4) of the Act, the village also hereby approves modification of the fees of providers with telecommunication facilities in public rights-of-way within the village's boundaries, so that those providers pay only those fees required under Section 8 of the Act. The village shall provide each telecommunications provider affected by the fee with a copy of the chapter, in compliance with the requirement of Section 13(4) of the Act. To the extent any fees are charged telecommunications providers in excess of the amounts permitted under the Act, or which are otherwise inconsistent with the Act, such imposition is hereby declared to be contrary to the village's policy and intent, and upon application by a provider or discovery by the village, shall be promptly refunded as having been charged in error.
(Ord. 41, passed 11-8-02) Penalty, see § 111.99
Pursuant to Section 13(5) of the Act, if Section 8 of the Act is found to be invalid or unconstitutional, the modification of fees under § 111.10 above shall be void from the date the modification was made.
(Ord. 41, passed 11-8-02) Penalty, see § 111.99
Pursuant to Section 10(4) of the Act, all amounts received by the village from the Authority shall be used by the village solely for rights-of-way related purposes. In conformance with that requirement, all funds received by the village from the Authority shall be deposited into the Major Street Fund and/or the Local Street Fund maintained by the village under Act No. 51 of the Public Acts of 1951.
(Ord. 41, passed 11-8-02) Penalty, see § 111.99
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