(A) No burden on public utility easements and rights-of-way. A permittee and its contractors and subcontractors and a permittee’s telecommunications system shall not unduly burden or interfere with the present or future use of any of the public utility easements and rights-of-way within the township. A permittee shall erect and maintain its telecommunications system so as to cause minimum interference with the use of the public utility easements and rights-of-way and with the rights and reasonable convenience of property owners. The permittee’s cables and wires shall be suspended or buried so as to not endanger or injure persons or property in the public utility easements and rights-of-way. If the township in its reasonable judgment determines that any portion of the telecommunications system constitutes an undue burden or interference, the permittee at its sole cost and expense shall modify its telecommunications systems or take other actions as the township may determine are in the public interest to remove or alleviate the burden, and the permittee shall do so within the time period established by the township.
(B) Restoration of property. A permittee and its contractors and subcontractors shall immediately restore, at the permittee’s sole cost and expense and in a manner approved by the township, any portion of the public utility easements and rights-of-way that is in any way disturbed, damaged, or injured by the construction, operation, maintenance or removal of the telecommunications system to as good or better condition than that which existed prior to the disturbance. In the event that the permittee, its contractors or subcontractors fail to do so within the time specified by the township, the township shall be entitled to complete the work and the permittee shall reimburse the township for the costs of doing so.
(C) Easements. Any easements over or under private property necessary for the construction or operation of a telecommunications system shall be secured by the permittee. Any use or intrusion on private property without an easement or other instrument evidencing permission of the property owner shall constitute a trespass by the permittee and a violation of this subchapter. Any easements over or under property owned by the township other than the public utility easements and rights-of-way shall be separately negotiated with the township.
(D) Tree trimming. A permittee may, with the permission of the county and state, trim trees upon and overhanging the public utility easements and rights-of-way so as to prevent the branches of the trees from coming into contact with its telecommunications system. The permittee shall minimize the trimming of trees to trimming only those trees that are essential to maintain the integrity of its telecommunications system. No trimming shall be done in the public utility easements and rights-of-way without previously informing the township.
(E) Pavement cut coordination/additional fees.
(1) A permittee shall coordinate all construction work in the public utility easements and rights-of-way with the township’s program for sidewalk and/or street construction, rebuilding, resurfacing and repair. A permittee shall meet with the official of the township primarily responsible for the public utility easements and rights-of-way at least twice per year to this end. The goals of the coordination shall be to require a permittee to conduct all work in the public utility easements and rights-of-way in conjunction with or immediately prior to any sidewalk or street construction or repair planned by the township, and to prevent the public utility easements and rights-of-way from being disturbed by a permittee for a period of years after the construction or repair.
(2) In addition to any other fees or payments required by this subchapter, a permittee shall pay to the township the sum of $1,250 for each 50 feet cut into or excavation of any public utility easements and rights-of-way, or portion thereof, which was subject to construction or repair within 18 months prior to the cut or excavation. This fee is in addition to and not in lieu of the obligation to restore the public utility easements and rights-of-way and is in addition to all other fees required by this subchapter or the township code.
(F) Marking. A permittee shall mark any installations of its telecommunications system which occur after the effective date of this subchapter as follows.
(1) Aerial portions of its telecommunications system shall be marked with a marker on its lines on alternate poles which shall state the permittee’s name and provide a toll-free number to call for assistance.
(2) Direct buried underground portions of its telecommunications system shall have:
(a) A conducting wire placed in the ground at least several inches above the permittee’s cable (if the cable is non-conductive);
(b) At least several inches above that a continuous colored tape with the permittee’s name and a toll-free phone number and a statement to the effect that there is buried cable beneath; and
(c) Stakes or other appropriate above-ground markers with the permittee’s name and a toll-free number indicating that there is buried telephone cable below.
(3) Portions of its telecommunications system located in conduit, including facilities of others used by a permittee, shall be marked at each manhole with the permittee’s name and toll-free telephone number to call for assistance.
(G) Compliance with laws. A permittee shall comply with all laws, statutes, ordinances, rules and regulations regarding the installation, construction, ownership and use of its telecommunications system, whether federal, state or local, now in force or which hereafter may be promulgated (including, without limitation, any ordinance requiring the installation of additional conduit when a permittee installs underground conduit for its telecommunications system). Before any installation is commenced, the permittee shall secure all necessary permits, licenses and approvals from all appropriate departments, agencies, boards or commissions of the township or other governmental entity as may be required by law, including, without limitation, all utility line permits and highway permits. A permittee shall comply in all respects with applicable codes and industry standards, including but not limited to the National Electrical Safety Code (latest edition) and the National Electric Code (latest edition). A permittee shall comply with all zoning and land use ordinances and historic preservation ordinances as may exist or may hereafter be amended.
(H) Street vacation. If the township vacates or consents to the vacation of public utility easements and rights-of-way within its jurisdiction, and the vacation necessitates the removal and relocation of a permittee’s facilities in the vacated right-of-way, the permittee shall, as a condition of the permit, consent to the vacation and move its facilities at its sole cost and expense when ordered to do so by the township or a court of competent jurisdiction. The permittee shall relocate its facilities to such alternate route as the township, acting reasonably and in good faith, shall designate.
(I) Relocation. If the township requests a permittee to relocate, protect, support, disconnect, place underground or remove its facilities because of street or utility work, or other public projects, the permittee shall relocate, protect, support, disconnect, place underground or remove its facilities, at its sole cost and expense, to such alternate route as the township, acting reasonably and in good faith, shall designate. The work shall be completed within the time period designated by the township.
(J) Public emergency. The township shall have the right to sever, disrupt, dig-up or otherwise destroy facilities of a permittee, without any prior notice, if the action is deemed necessary by the Supervisor, Police Chief or Fire Chief or their designees because of a public emergency. PUBLIC EMERGENCY shall be any condition which, in the opinion of any of the officials named, poses an immediate threat to life, health or property caused by any natural or human-made disaster, including, but not limited to, storms, floods, fire, accidents, explosions, major watermain breaks, hazardous material spills and the like. The permittee shall be responsible for repair at its sole cost and expense of any of its facilities damaged pursuant to any action taken by the township.
(K) Miss dig. If eligible to join, a permittee shall subscribe to and be a member of “MISS DIG,” the association of utilities formed pursuant to Public Act 53 of 1974, as amended, being M.C.L.A. §§ 460.721 et seq., and shall conduct its business in conformance with the statutory provisions and regulations promulgated thereunder.
(L) Use of existing facilities; undergrounding. A permittee shall utilize existing poles, conduits and other facilities wherever practicable, and shall not construct or install any new, different or additional poles or other facilities unless expressly authorized by the permit. Where utility wiring is or is required to be located underground, either at the time of initial construction or subsequent thereto, a permittee’s telecommunications system shall also be located underground unless otherwise expressly authorized by the permit. All undergrounding shall be at the sole cost and expense of the permittee.
(M) Underground relocation. If a permittee has its facilities on poles of Detroit Edison or another public utility company and Detroit Edison or other public utility company relocates its facilities underground, the permittee shall relocate its facilities underground in the same location at no cost to the township or its residents.
(N) Pole/conduit license agreement; notification. If a permittee forfeits or otherwise loses its rights under a pole/conduit license agreement with Detroit Edison or other entity, then permittee shall notify the Building Official in writing within 30 days.
(O) Identification. All personnel of a permittee and its contractors or subcontractors who have as part of their normal duties contact with the general public shall wear on their clothing a clearly visible identification card bearing their name and photograph. A permittee shall account for all identification cards at all times. Every service vehicle of a permittee and its contractors or subcontractors shall be clearly identified as to the public with the permittee’s name.
(P) 9-1-1 emergency service. As a condition of a permit, a permittee providing local exchange service shall arrange for the provision of 9-1-1 service within the township in accordance with the provisions of the applicable 9-1-1 service plan and the rules and orders of the State Public Service Commission.
(Prior Code, § V-2.08)