(A) The Township Board hereby establishes a policy regarding the use of highways, streets, alleys and public places located within its borders and consent to such use.
(B) No request to use said right-of-way will be considered for approval until the completed application for such has been filed with the Township Clerk.
(C) A completed application shall include the following:
(1) Application fee to reimburse the township for anticipated expenses and costs to process such application;
(a) The application fee shall be $2,500 and shall not be refundable even if the township does not incur such expenses or costs.
(b) If, during the application process, the township, at its sole discretion, incurs fees in excess of $2,500, such additional fees/costs shall be billed to the applicant and must be paid prior to the Township Board granting consent to the construction.
(2) Plans prepared by a registered engineer certifying that such project is in compliance with all federal, state, county and municipal statutes and regulations;
(3) Signed agreement which states:
(a) That the applicant and its successors or assigns will pay the sum of $0.15 per foot annually to the township to compensate it for the use of the right-of-way so long as such is being used by the utility;
(b) That the applicant will reimburse and hold harmless the township for all expenses, including but not limited to actual costs and actual attorney fees, review by engineers and other experts, incurred as a result of the use of the right-of-way; and
(c) The applicant will provide the township with a written statement signed by a qualified registered engineer verifying that the project has been completed in accordance with the plans and specifications presented with the application.
(4) The applicant will provide a written statement acceptable to the township setting forth how the project will be maintained; and
(5) The Board may change the amount of the application fee, amount of the yearly user fee and any and all other terms of this section by motion adopted by a majority of the Board.
(Res. 146, passed 12-14-2000) Penalty, see § 93.99