(A) Non-exclusive; additional permits. A permit shall be non-exclusive. The township expressly reserves the right to approve, at any time, additional permits for access to and ongoing use of the public utility easements and rights-of-way by telecommunications providers and to enter into agreements and grant franchises for such access and use. The issuance of additional permits, entry into agreements or grant of franchises shall not be deemed to amend, modify, revoke or terminate the terms and conditions of any permits previously issued to telecommunication providers.
(B) Expansion requests. A permit approved by the Township Board shall authorize access to and ongoing use of the public utility easements and rights-of-way described in the permit, subject to compliance with the conditions of the permit, the requirements of this subchapter and any other applicable requirements of the township code or applicable state and federal law. The permittee shall not use any public utility easements and rights-of-way not expressly authorized by the permit. Any use of the public utility easements and rights-of-way (including any installation, construction, maintenance, repair or operation of a telecommunication system within the public utility easements and rights-of-way) to provide telecommunications services shall be performed only as authorized by the permit. A permittee may, however, expand its telecommunications system to public utility easements and rights-of-way not described in its permit by obtaining approval of an amended permit from the township. The approval may be granted in writing by the Building Official in response to a written request from the permittee for expansion to specific portions of named public utility easements and rights-of-way. The Township Board may establish by resolution a non-refundable application fee for such a request. The Building Official may grant, grant with conditions or deny the request. The Building Official shall not unreasonably deny any request. A denial of any request may be appealed to the Township Board which shall make the final decision. Any expansion into additional public utility easements and rights-of-way shall be subject to all terms and conditions of the original permit and this subchapter including, without limitation, the application of the annual fee to the expanded public utility easements and rights-of-way used by the permittee.
(C) Construction permit. A permittee shall not commence construction upon, over, across or under the public utility easements and rights-of-way in the township without first obtaining any construction permit as may be required under the township administered and enforced State Construction Code.
(D) Lease or use of facilities; overlashing. A permittee shall not lease, sublease, license or otherwise allow the use of wires, conduit, poles or facilities in the public utility easements and rights-of-way by a person who is required to obtain a permit under § 115.23 or is required by law to obtain the township’s permission or consent to transact local business in the township, and who lacks such permit, permission or consent. A permittee shall not allow the property of a third party or non-telecommunications system wires or any other facilities to be overlashed, affixed or attached to any portion of a permittee’s telecommunications system; or allow other actions with a similar result without the written consent of the Building Official.
(E) “As-built” maps. Without expense to the township, a permittee shall provide the township with “as-built” maps, records and plans showing its telecommunications system or portions thereof within the township, including those of affiliates used by the permittee, and maps and descriptive information of facilities of other persons used by the permittee. The Building Official may waive part or all of this requirement if satisfactory records of the location of the telecommunications system were previously provided to the township. The “as-built” maps, records and plans shall be provided within 30 days of the completion of the telecommunications system and any extensions, additions or modifications to the telecommunications system. In addition to the foregoing, a permittee, without expense to the township, shall, upon 48 hours’ notice, give the township access to all “as-built” maps, records, plans and specifications showing its telecommunications system or portions thereof within the township. Upon request by the township, a permittee shall inform the township as soon as possible (but no more than one business day after the request) of any changes from previously supplied maps, records or plans and shall mark up maps provided by the township so as to show the location of its telecommunications system.
(F) No recourse. A permittee shall have no recourse whatsoever against the township for any loss, cost, expense or damage arising out of the failure of the township to have the authority to grant all or any part of a permit or the authority to grant permission to use all or part of the public utility easements and rights-of-way.
(G) No inducement. By acceptance of a permit, a permittee acknowledges that it has not been induced to obtain the permit by any understanding or promise or other statement, whether verbal or written, by or on behalf of the township or by any third person concerning any term or condition of a permit not expressed in this subchapter.
(H) Acceptance of terms and conditions. The permittee acknowledges by the acceptance of a permit that it has carefully read its terms and conditions and does accept all of the terms and conditions.
(I) No priority. A permit does not establish any priority of use of the public utility easements and rights-of-way by a permittee over any present or future permittees or parties having agreements with the township or franchises for such use. In the event of any dispute as to the priority of use of the public utility easements and rights-of-way, the first priority shall be to the public generally, the second priority to the township, the third priority to the state and its political subdivisions in the performance of their various functions, and thereafter as between permittees, other permit holders, parties having agreements with the township, and franchisees, as determined by the township in the exercise of its powers, including the police power and other powers reserved to and conferred on it by the state.
(J) Future use by township. A permittee acknowledges, by accepting a permit, that it obtains no rights to or further use of the public utility easements and rights-of-way other than those expressly granted herein. Each permittee acknowledges and accepts as its own risk that the township may make use in the future of the public utility easements and rights-of-way which a permittee is using or in which a permittee’s telecommunications system is located in a manner inconsistent with the permittee’s use of the public utility easements and rights-of-way and that in such event the permittee will not be entitled to compensation from the township.
(K) Expiration of permit. Unless the township grants an extension, a permit shall expire one year from the date of issuance unless prior thereto the permittee either:
(1) Commences construction, installation or operation of its telecommunications system within the public utility easements and rights-of-way authorized by the permit and diligently pursues completion of construction or installation; or
(2) Commences use of the public utility easements and rights-of-way to provide telecommunications services as authorized by the permit.
(Prior Code, § V-2.07)