(A) This chapter shall apply to all existing providers on and after the effective date of this chapter in the same manner as those provisions apply to permittees, except as specifically provided otherwise for existing permittees.
(B) All existing providers shall file an application with the Village Clerk within 6 months after the effective date of this chapter on a form prepared by the village.
(C) The application may require the information provided for in § 158.18(B) and the additional information and materials as the Public Utility Director, Village Engineer, Village President, or Village Council may deem pertinent or relevant to process the application and issue a permit.
(D) The application will be accompanied by a nonrefundable application fee in an amount established by resolution of the Village Council. The nonrefundable application fee shall be used to off-set the village's costs to process the application.
(E) 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.
(F) 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.
(G) 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.
(H) The constructions plans submitted by 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.
(I) Unless otherwise provided by a court of competent jurisdiction, the village's right to deny a permit under this chapter, and the village's right to deny renewal of a permit, shall not apply to a provider which has, either itself or through its predecessor(s) interest, continuously engaged in providing services within the village pursuant to Public Act 129 of 1883, being M.C.L.A. § 484.4; since before the adoption of the Michigan Constitution of 1908, and which has a bona fide claim of entitlement under a grant of authority by the state predating the Michigan Constitution of 1908. This division (I) shall not limit the rights of the village to deny the entity a new or renewed permit, or to revoke the right of the provider in accordance with applicable state or federal law. The rights of the provider under this division (I) may not be assigned or transferred except with the assignment or transfer of the provider's business in the village. The rights of the provider under this division (I) do not apply to lessees, assignees, or users of a portion of the wires or other facilities of the provider in the village.
(Ord. 236, passed 4-17-2000) Penalty, see § 158.99