(A) A permittee shall apply for a new, renewed, or amended permit to install, construct, expand, extend, maintain, repair, or operate a system pursuant to this chapter. The application shall be made on an application form provided by the village. The application shall be filed in triplicate with the Village Clerk. As used in this section, MAINTAIN and REPAIR do not include routine or emergency repair or maintenance work on lines, wires, conduits, or other facilities which were previously placed in the public rights-of-way under an authorization or which were placed in the public rights-of-way by an existing provider prior to the effective date of this chapter, provided the work does not involve replacement of more than minimal lengths of lines, wires, conduits, or other facilities.
(B) In addition to other information required by the application form or otherwise required by the village or this chapter, the application shall include, without limitation, the following information:
(1) The name and address of the applicant. If the applicant is not a natural person, the name and address of each of its officers, directors, stockholders beneficially holding more than 5% of its outstanding voting shares; each general partner, and each limited partner holding an equity interest of more than 5%;
(2) Copies of the most recent financial statements of the applicant;
(3) A description of the services to be provided, the types of wires and other facilities to be used or located in the public rights-of-way, and a statement whether the facilities are owned by the applicant, or if not owned by the applicant, a copy of the agreement or legal instrument granting the applicant the right to use the facilities;
(4) A map setting forth the specific public rights-of-way in which the applicant proposes to locate its facilities or which the applicant otherwise proposes to use. The map shall identify where facilities are proposed to be located above ground, where facilities are proposed to be located underground, and the side or portion of the public rights-of-way (north side, south side, under sidewalk, and the like) on which they are proposed to be located; and
(5) Evidence of all required regulatory approvals, permits, authorizations, and licenses for the offering or provision of the services from the appropriate federal, state, and local authorities.
(C) The application will be accompanied by a nonrefundable application fee in an amount established from time to time by resolution of the Village Council. The nonrefundable application fee shall be used to off-set the villages costs to process the application and issue the permit.
(D) The Village Council shall approve or deny access to the public rights-of-way within 90 days from the date a completed application for a permit is filed with the Village Clerk. Within 30 days after the application is received by the Village Clerk, the Public Utility Director and Village Engineer will determine whether the application is complete, or whether additional information is required to process the application. If additional information is required, the applicant shall be informed in writing of the additional information or materials requested and the 90-day application review period provided for in Metropolitan Extension Telecommunications Rights-of-Way Act, Public Act 48 of 2002, being M.C.L.A. §§ 484.3105, 484.3115, 484.3119; and this chapter shall be tolled until the requested information and materials are provided.
(E) The Public Utility Director, Village Engineer, Village President, or Village Council may request an applicant to submit additional information pertinent to the application and the proposed use of the public rights-of-way which the Public Utility Director, Village Engineer, Village President, or Village Council deems reasonably necessary or relevant to review the application. The applicant shall comply with all the requests. If the applicant fails to provide the requested information or materials, the incomplete application will be returned to the applicant.
(F) Before acting on the application, the Village Council may hold a public hearing in which event notice of the public hearing shall be published in a newspaper of general circulation and mailed to the applicant not less than 10 days before the public hearing. The applicant and any other interested parties may appear in person, by agent, or by letter at the hearing to submit comments on the application.
(G) Before acting on the application, the Public Utility Director and Village Engineer shall submit a report and/or proposed permit to the Village Council for its review, a copy of which shall be mailed to the applicant. The Village Council shall not unreasonably deny an application for a permit. The failure of the village to comply strictly with the procedural requirements of this section shall not invalidate the decision or proceedings of the village.
(H) The Village Council may impose reasonable conditions on the use of the public rights-of-way to ensure the public health, safety, and welfare. Without limitation, these conditions may include the posting of a bond which shall not exceed the reasonable cost to ensure that the right-of-way is returned to its original condition during and after permittee's access and use. An irrevocable letter of credit may be provided in lieu of a bond. All bonds and letters of credit shall be in a form acceptable to the Village Attorney.
(I) The constructions plans submitted by the applicant shall be approved, signed, and dated by the Public Utility Director, Village Engineer, and Village President, filed with the Village Clerk, and incorporated by reference into the permit.
(Ord. 236, passed 4-17-2000) Penalty, see § 158.99