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(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)
Pursuant to § 13(5) of the Act, being M.C.L.A. § 484.3113(5), if found to be invalid or unconstitutional, the modification of fees under § 93.21 of this chapter shall be void from the date the modification was made.
(Prior Code, Ch. XXIX, § 12) (Ord. 1-2003, passed 5-14-2003)
ADMINISTRATION AND ENFORCEMENT
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