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PERMITS; FEES
(A) Permit required. Except as otherwise provided in the Act, a telecommunications provider using or seeking to use public rights-of-way in the township for its telecommunications facilities shall apply for and obtain a permit pursuant to this chapter.
(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, being M.C.L.A. § 484.3106(1). A telecommunications provider shall file one copy with the Township Clerk, Township Supervisor and one copy with the Township Attorney. 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, being M.C.L.A. § 484.3106(5).
(C) Confidential information. If a telecommunication provider claims that any portion of the route maps submitted by it as part of its application contain trade secret, propriety or confidential information, which is exempt from the Freedom of Information Act, Public Act 442 of 1976, being M.C.L.A. §§ 15.231 to 15.246, pursuant to § 6(5) of the Act, being M.C.L.A. § 484.3106(5), 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 one-time non-refundable application fee in the amount of $500.
(E) Additional information. The Township Supervisor may request an applicant to submit such additional information which the Township Supervisor deems reasonably necessary or relevant. The applicant shall comply with all such requests in compliance with reasonable deadlines for such additional information established by the Township Supervisor. If the township and the applicant cannot agree on the requirement of additional information requested by the township, the township or the applicant shall notify the MPSC as provided in § 6(2) of the Act, being M.C.L.A. § 484.3106(2).
(F) Previously issued permits. Pursuant to § 5(1) of the Act, being M.C.L.A. § 484.3105(1), authorizations or permits previously issued by the township under § 251 of the State Telecommunications Act, Public Act 179 of 1991, being M.C.L.A. § 484.2251, and authorizations or permits issued by the township 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 chapter.
(G) Existing providers. Pursuant to § 5(3) of the Act, being M.C.L.A. § 484.3105(3), within 180 days from 11-1-2002, the effective date of the Act, a telecommunications provider with facilities located in a public right-of-way in the township as of such date, that has not previously obtained authorization or a permit under § 251 of the State Telecommunications Act, Public Act 179 of 1991, being M.C.L.A. § 484.2251, shall submit to the township an application for a permit in accordance with the requirements of this chapter. Pursuant to § 5(3) of the Act, being M.C.L.A. § 484.3105(3), a telecommunications provider submitting an application under this division (G) is not required to pay the $500 application fee required under division (D) above. A provider under this division (G) 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 being M.C.L.A. § 484.3105(4).
(Prior Code, Ch. XXIX, § 4) (Ord. 1-2003, passed 5-14-2003)
(A) Approval or denial. The authority to approve or deny an application for a permit is hereby delegated to the Township Supervisor. Pursuant to § 5(3) of the Act, being M.C.L.A. § 484.3105(3), the Township Supervisor 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 § 93.15(B) of this chapter for access to a public right-of-way within the township. Pursuant to § 6(6) of the Act, being M.C.L.A. § 484.3106(6), the Township Supervisor shall notify the MPSC when the Township Supervisor 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 Township Supervisor shall not unreasonably deny an application for a permit.
(B) Form of permit. If an application for permit is approved, the Township Supervisor 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, being M.C.L.A. §§ 484.3106(1), (2) and 484.3115.
(C) Conditions. Pursuant to § 15(4) of the Act, being M.C.L.A. § 484.3115(4), the Township Supervisor 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.
(1) Pursuant to § 15(3) of the Act, being M.C.L.A. § 484.3115(3), and without limitation on division (C) above, the Township Supervisor may require that a bond be posted by the telecommunications provider as a condition of the permit.
(2) If a bond is required, it shall not exceed the reasonable cost to ensure the public right-of-way is returned to its original condition during and after the telecommunications provider’s access and use.
(Prior Code, Ch. XXIX, § 5) (Ord. 1-2003, passed 5-14-2003)
Pursuant to § 4(3) of the Act, being M.C.L.A. § 484.3104(3), obtaining a permit or paying the fees required under the Act or under this chapter does not give a telecommunications provider a right to use conduit or utility poles.
(Prior Code, Ch. XXIX, § 7) (Ord. 1-2003, passed 5-14-2003)
Pursuant to § 6(7) of the Act, being M.C.L.A. § 484.3106(7), a telecommunications provider shall, within 90 days after the substantial completion of construction of new telecommunications facilities in the township, submit route maps showing the location of the telecommunications facilities to both MPSC and to the township. The route maps should be in paper or electronic format unless and until the MPSC determines otherwise, in accordance with § 6(8) of the Act, being M.C.L.A. § 484.3106(8).
(Prior Code, Ch. XXIX, § 8) (Ord. 1-2003, passed 5-14-2003)
Pursuant to § 15(5) of the Act, being M.C.L.A. § 484.3115(5), 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 township, 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.
(Prior Code, Ch. XXIX, § 9) (Ord. 1-2003, passed 5-14-2003)
In addition to the non-refundable application fee paid to the township set forth in § 93.15(D) of this chapter, a telecommunications provider with telecommunications facilities in the township’s public right-of-way shall pay an annual maintenance fee to the Authority pursuant to § 8 of the Act, being M.C.L.A. § 484.3108.
(Prior Code, Ch. XXIX, § 10) (Ord. 1-2003, passed 5-14-2003)
(A) In compliance with the requirements of § 13(1) of the Act, being M.C.L.A. § 484.3113(1), the township hereby modifies, to the extent necessary, any fees charged to telecommunications providers after 11-1-2002, 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 to the Authority.
(B) In compliance with the requirements of § 13(4) of the Act, being M.C.L.A. § 484.3113(4), the township also hereby approves modification of the fees of providers with telecommunication facilities in public rights-of-way within the township’s boundaries, so that those providers pay only those fees required under § 8 of the Act, being M.C.L.A. § 484.3108. The township shall provide each telecommunications provider affected by the fee with a copy of this chapter, in compliance with the requirement of § 13(4) of the Act, being M.C.L.A. § 484.3113(4). 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 township’s policy and intent and, upon application by a provider or discovery by the township, shall be promptly refunded as having been charged in error.
(Prior Code, Ch. XXIX, § 11) (Ord. 1-2003, passed 5-14-2003)
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