(A) Approval or denial. The authority to approve or deny an application for a permit is hereby delegated to the Village Manager. Pursuant to § 15(3) of the Act, being Public Act 48 of 2002, being M.C.L.A. § 484.3115(3), the Village Manager shall approve or deny an application for a permit within 45 days from the date a telecommunications provider files an application for a permit under § 111.04(B) for access to a public right-of-way within the village. Pursuant to § 6(6) of the Act, being Public Act 48 of 2002, being M.C.L.A. § 484.3106(6) the Village Manager shall notify the MPSC when the Village Manager has granted or denied a permit, including information regarding the date on which the application was filed and the date on which permit was granted or denied. The Village Manager shall not unreasonably deny an application for a permit.
(B) Form of permit. If an application for permit is approved, the Village Manager shall issue the permit in the form approved by the MPSC, with or without additional or different permit terms, in accordance with §§6(1), 6(2), and 15 of the Act, being Public Act 48 of 2002, being M.C.L.A. §§ 484.3106(1), 484.3106(2), and 484.3115.
(C) Conditions. Pursuant to § 15(4) of the Act, being Public Act 48 of 2002, being M.C.L.A. § 484.3115(4), the Village Manager may impose conditions on the issuance of a permit, which conditions shall be limited to the telecommunications provider’s access and usage of the public right-of-way.
(D) Bond requirement. Pursuant to § 15(3) of the Act, being Public Act 48 of 2002, being M.C.L.A. § 484.3115(3) and without limitation on division (C) above, the Village Manager may require that a bond be posted by the telecommunications provider as a condition of the permit. If a bond is required, it shall not exceed the reasonable cost to ensure that the public right-of-way is returned to its original condition during and after the telecommunications provider’s access and use.
(2005 Code, § 32.006) (Ord. 2002-06, passed 10-30-2002)
Editor’s note:
A copy of the application form mentioned as division (B) above as approved by the Commission can be obtained on the Internet at http://www.cis.state.mi.us/mpsc/comm/ rightofway/rightofway.htm