(A) Application. A telecommunications provider shall apply for a permit pursuant to this subchapter. The application shall be made on an application form provided by the Building Department. Ten copies of the application shall be filed with the Building Official.
(B) Required information. In addition to other information required by the application form or otherwise required by the township or this subchapter, the application shall include, without limitation, the following information:
(1) The name and address of the applicant and each person exercising control over the applicant, and if the applicant or any person or persons exercising control is not a natural person, each of its officers, directors, stockholders beneficially holding more than 5% of the outstanding voting shares, general partners and limited partners holding an equity interest of more than 5%;
(2) Copies of the most recent financial statements of the applicant;
(3) A description of the applicant’s existing and proposed telecommunications system and telecommunications services in the township, the type of existing and proposed wires and other facilities in the public utility easements and rights-of-way, and, a statement whether such 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 the use of or access to such facilities; and
(4) A map setting forth the specific location of the facilities in the public utility easements and rights-of-way. The map shall identify the location of above ground and underground facilities.
(C) Application fee. The application will be accompanied by a non-refundable application fee in the maximum amount allowed under Public Act 48 of 2002, being M.C.L.A. § 484.3106(4) or $500, whichever is greater. The non-refundable application fee shall be designed to reimburse the township for the costs of reviewing an application for a permit and issuance of a permit in accordance with the procedures of this subchapter.
(D) Administrative completeness. An application shall not be deemed to be filed for purposes of the 90-day permit application review period in § 251(3) of the Telecommunications Act, unless and until the application is determined by the Building Official to be administratively complete. A determination whether the application is administratively complete shall be made by the Building Official within ten business days after the application is received by the township, and written notice shall be sent to the applicant. If the Building Official determines that the application is not administratively complete, the Building Official shall so advise the applicant in writing and shall identify the items which must be furnished by the applicant for an administratively complete application.
(E) Additional information. The Building Official may request an applicant to submit additional information which the Building Official deems reasonably necessary or relevant to review the application. The applicant shall comply with all requests in compliance with reasonable deadlines for such additional information established by the Building Official. If the applicant fails to provide the requested additional information by the deadline established by the Building Official, the 90-day period for acting on the application under division (G) below shall be extended by the number of days after the deadline that the information was provided to the Building Official.
(F) Misleading statements. A person who provides information to the township in connection with a permit application or any other matters under divisions (B) and (E) above which contains an untrue statement of a material fact or omits a material fact necessary to make the information not misleading shall be in violation of this subchapter, and shall be subject to all remedies for violation of this subchapter and the township code including, without limitation, denial of the requested action and permit revocation pursuant to § 115.32. Each day that a person fails to correct an untrue statement of a material fact or the omission of a material fact necessary to make the information not misleading shall constitute a separate violation of this subchapter.
(G) Permit approval or denial. Within 75 days after the Building Official determines that the application is administratively complete (subject to any adjustments for delays in providing additional information as provided in division (E) above), the Township Board shall hold a public hearing on the application. Notice of the public hearing shall be published in a newspaper in general circulation not less than ten days before the public hearing. Notice of the public hearing shall also be mailed to the applicant not less than ten days before the public hearing. Any report or recommendation on the application obtained or prepared by the Building Official shall be mailed to the applicant not less than ten days before the public hearing. The applicant and any other interested parties may appear in person, by agent or by letter at such hearing to submit comments on the application. Following the public hearing, the Township Board shall approve, approve with conditions or deny the application within 90 days after the Building Official determines that the application is administratively complete pursuant to divisions (D) and (E) above, subject to any adjustments for delays in providing additional information as provided in divisions (D) and (E) above. The Township Board shall not unreasonably deny an application for a permit. The failure of the township to comply strictly with the procedural requirements of this section for the review of permit applications shall not invalidate the decision or proceedings of the township.
(H) Conditions. The Township Board may impose conditions on a permit to protect the public health, safety and welfare. Without limitation, these conditions may include the posting of a bond by the telecommunications provider in an amount which shall not exceed the reasonable cost to ensure that the public utility easements and rights-of-way are returned to their original condition during and after the telecommunications provider’s access and use.
(I) Modification.
(a) There are unusual or remarkable circumstances which warrant a modification;
(b) The modification will not be detrimental to the public health, safety and welfare; and
(c) The modification will not impair the intent and purposes of this subchapter and its several sections.
(2) The application shall describe the applicant’s request for a modification and the reasons for the request with specificity. A modification granted by the Township Board pursuant to this section shall expire upon the expiration of the permit or earlier if so determined by the Township Board. A modification shall modify only those requirements expressly set forth in the approval of the Township Board and shall not modify any other provisions of this subchapter. If a request for a modification is denied by the Township Board, the telecommunications provider shall comply with all requirements of this subchapter without exception.
(J) Waiver. The Township Board shall grant a waiver of any requirement of this subchapter if an applicant or permittee requests a waiver and the Township Board finds that unless waived the requirement will prohibit or have the effect of prohibiting the ability of the applicant or permittee to provide any telecommunications service within the meaning of § 253(a) of the Federal Telecommunications Act, 47 U.S.C. § 253(a); the requirement is not within the scope of any state or local authority referenced in § 253(c) of the Federal Telecommunications Act, 47 U.S.C. § 253(c); and, the requirement is not necessary to protect the public safety and welfare or safeguard the rights of consumers. A request for a waiver shall be separately filed and is subject to the requirements of divisions (A) and(C) above. A request for a waiver shall include a detailed statement of the facts and circumstances forming the basis for the request. If the request is made concurrent with an application for a permit, the provisions of divisions (D) through (G) above shall apply to the request, with the exception of the 75- and 90-day time periods set forth in division (G) above. The Township Board may by resolution establish different or additional procedures for conducting the public hearing and acting on the request.
(Prior Code, § V-2.04)