(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
STREETS. Shall include all highways, alleys, rights-of-way, and public places within the township.
TELECOMMUNICATION PROVIDER. A person or an affiliate of the person each of which for compensation provides one or more telecommunication services.
TELECOMMUNICATION SERVICE. Shall include regulated and unregulated services offered to customers for the transmission of 2-way interactive communication and associated usage.
UTILITY. A public service such as a steam heat, electric, power, gas, water, telegraph, communications, pipeline, or gas producing company regulated by the Public Service Commission, whether private, corporate, or cooperative, except a municipally-owned utility.
UTILITY COMPANY. Any public or private person, firm, political subdivision of the State of Michigan, municipality, or corporation whose purpose it is to transmit and maintain any appurtenance for the use of any transmission of a utility.
(Ord. 121, passed 5-17-1999)
(B) It shall be unlawful for any person, firm, political subdivision of the State of Michigan, municipality or corporation or any of its subdivisions to use, enter upon, excavate, construct, lay out, or use for the construction and maintenance, any roadway or street for any telegraph, telephone, or power lines, pipe lines, wires, cables, poles, conduits, sewers, and like structures upon, over, across, or under any public road, bridge, street, or public place in the Township of Montrose; provided that every such telephone, telegraph, power, and other public and private utility company, person, firm, political subdivision of the State of Michigan, municipality, or corporation, before any of the work of the construction or erection shall commence, shall first obtain a permit from the Township of Montrose authorizing the lines, poles, sewers, wires, cables, conduits, or such like structures to be constructed and erected.
(C) Lines, poles, sewers, wires, cables, conduits, or such like structures constructed or erected without the necessary permit or in violation thereof, shall be removed. Lines, poles, sewers, wires, cables, conduits, or such like structures constructed or erected under terms of the permit shall be removed, altered, relocated at the expense of the party to whom the permit is issued if requested by the Township of Montrose to do so.
(D) The applicant shall submit 2 sets of complete design plans with proof of approval of the Genesee County Road Commission to the Township of Montrose, and upon approval and issuance of a permit by the Township Board, shall display their County Road Commission permit to any designated official of the county as the township has hereinafter provided. Ninety days from the date of completion, the applicant must submit the reproducible finished set of plans of the project as constructed to the Township of Montrose.
(E) It shall be the duty of the person, firm, political subdivision of the State of Michigan, municipality, or corporation, to do the construction, maintenance, erection, and the like, in a workmanlike manner and that they shall repair and replace as near as possible the roadway in as near the same condition as is possible and shall do the work on condition that such shall be considered as an agreement on the part of the person, firm, political subdivision of the state, municipality or corporation with the Township of Montrose to keep the same in good repair and condition at all times during their control thereof, to indemnify and save harmless the Township of Montrose from any and all damages actions, claims at law which may arise or be brought by reason of the control, use, construction, and maintenance of the utility.
(F) The Building Inspector is hereby designated as the enforcement officer of this section and it shall be his or her duty to perform all the acts necessary and appropriate for the enforcement of this section. The Township of Montrose may designate some other person to serve at the pleasure of the Township Board as the Building Inspector under this section, in which case, the person shall act as the enforcement officer for this section, and it shall be his or her duty to perform all the acts necessary and appropriate for the enforcement of this section.
(G) This section is to take effect on 1-21-1972.
(Ord. 47, passed 12-13-1971) Penalty, see § 50.99