This ordinance shall be known and may be cited as the Thomas Township Utility Line Ordinance.

(Adopted March 2012)

It is the purpose of this ordinance to regulate the placement of utility lines within public rights-of-way and public property in order to promote the public health, safety and welfare as follows:

a.

To improve visual quality along major traveled ways and other areas in Thomas Township and diminish the visual blight and clutter created by above ground utility lines;

b.

To minimize the disruption of overhead utility services as a result of inclement weather and other factors;

c.

To bring about the removal of utility poles which present visual or physical inconvenience to the motoring or pedestrian public and pose possible safety hazards due to their location near sidewalks or intersections.

This ordinance is adopted pursuant to the authority set forth and granted by the State of Michigan.

Unless the context specifically indicates otherwise, the meaning of terms used in this ordinance shall be as follows:

a.

"Township" shall mean Thomas Township.

b.

"Installed Underground" shall mean the placement of utility lines, including individual service lines, transmission lines and distribution lines, below the finished grade of the right-of-way and the removal (if appropriate) of all poles, guy wires and related structures used to support overhead utility services. Utility apparatus, as defined in this ordinance, may be mounted on pads at ground level within the right-of-way, if such will not interfere with the convenience of the public.

c.

"Major Roadway Reconstruction" shall mean a project where an entire width of road surface and subsurface is to be opened or newly laid with a minimum length of ¼ mile.

d.

"Overhead Utility Service"h shall mean the location of utility lines, typically for electrical, telephone and cable services or for traffic signals, above ground, supported by utility poles and related structures.

e.

"Person" shall mean any individual, firm, company, association, society, corporation or group.

f.

"Public Improvement Project" shall mean any project undertaken by a local, state or federal body for the benefit of electrical, telecommunications, audio/visual or other signals, impulses or energy.

g.

"Utility Lines" shall include any wire, cable, conduit or other material for the transmission or distribution of electrical, telecommunications, audio/visual or other signals, impulses or energy.

h.

"Utility Apparatus" shall include equipment used in connection with a utility service such as transformers, switches, amplifiers and other similar equipment. "Utility Apparatus" shall not include utility lines or poles or related structures to be used to support lines of apparatus above ground.

i.

"SCRC" shall mean Saginaw County Road Commission.

j.

"MDOT" shall mean Michigan Department of Transportation or State of Michigan.

a.

All utility services shall be installed in the right-of-way of any road or highway hereafter constructed which is to be dedicated to the SCRC, MDOT, Thomas Township or private utility easement.

b.

All utility services located within the boundaries of a major roadway reconstruction or public improvement project undertaken by the Township, MDOT, SCRC or the US Federal Highway Administration shall be placed underground. The Township Board may waive this requirement for specific projects upon determination that placing utilities underground is not technically feasible.

c.

Any individual utility service line which originates in a public road right-of-way and extends to any building or structure hereafter constructed (including residential or commercial) shall be installed underground. The Township Board may waive this requirement for specific projects upon determination that placing utilities underground is not technically feasible.

d.

Areas of the Township affected by this Section also include the Thomas Township Downtown Development Authority (DDA) District as described on the DDA map.

e.

On all other Township streets, utilities should be placed underground during major roadway or public improvement projects. The Township Board may waive this requirement for specific projects upon determination that placing utilities underground is not technically feasible.

f.

Street lighting, if proposed for any project regulated under this ordinance, shall be served by underground electrical service.

All utility lines (as hereinafter defined) installed after the effective date of this ordinance within zoning district R-1, R-2, R-3, B-1, B-2 (Northside Business District Overlay), B-3, B-4, B-5, E-1, Great Lakes Tech Park Overlay District, Access/Parallel Overlay Zone, Conservation Development Overlay, Mobile Home Park, M-46 Overlay, M-1, A-1 and A-2 must be buried provided, however, nothing in this article shall prohibit:

a.

The temporary aboveground location of utility lines during construction or emergency conditions.

b.

Renewal, reinstallation, relocation, replacement, repair or maintenance of existing aboveground utility lines or installation of aboveground utility lines in location predominantly served by existing aboveground utility lines.

c.

Aboveground utility lines where underground location would not be feasible due to soil conditions, physical obstructions or terrain.

d.

The at or above grade location of transformers, service or meter pedestals and similar accessory installations, including any aboveground utility lines necessarily or customarily extending above grade in an underground utility line system.

Further provided, however, the property owner shall provide adequate access for such underground installation at no cost to the utility.

Further provided, however, such underground installation shall not be required in the case of any land area for which a determination of exception has been obtained from the Thomas Township Board.