It shall be unlawful for any person to throw, place or leave in any street, highway or public place any broken glass or bottles, tacks, nails, broken earthenware or sharp or jagged metal objects or any other object likely to cause injury to pedestrians or to bicycle or motor vehicle tires or to animals. When any of said vehicles shall be in any alley, it shall be the duty of every owner and occupant of any lot or premises to remove the same from his half of the alley adjoining the lot or premises within twelve (12) hours after having been notified to do so by any official of the township.

(Ord. No. 20, § 1, 1-19-54)

State Law reference— Placing injurious substances on public property, MCL 750.493a, MSA 28.761(l).

This article shall be known and may be cited as the "Township of West Bloomfield Right-of-Way Management Ordinance."

(Ord. No. C-553-A, § 1, 2-9-04)

(1)

Pursuant to Section 29 of Division 7 of the Michigan Constitution of 1963, and other applicable state and federal legislation, including but not limited to, MCL 247.183, the township has the authority to exercise reasonable control over its highways, streets, alleys and public places. The township finds that, in the furtherance of control and to ensure and protect the public health, safety and welfare, it is appropriate for the township to monitor, review and regulate activities and persons that disrupt and/or use a township right-of-way.

(2)

This article is further intended to minimize disruption, disturbance and damage to the township's rights-of-way, to exercise reasonable control over and monitor the use of the same, and to maintain aesthetic, quality, and property values by requiring those persons who seek to disrupt and/or use a township right-of-way by constructing, installing, locating, operating, using and or maintaining improvements, including utilities and telecommunications, gas, and/or electric transmission systems therein, to obtain a disruption permit and/or a use permit and pay fair and reasonable permit fees.

(3)

The township further finds that requiring the payment of the application and permit fees when authorized by law will assist in protecting the township's interests in its rights-of-way, by allowing the township to cover some of its costs of maintaining, monitoring, and ensuring quality control with regard to its rights-of-way and related records.

(4)

This article is further intended to regulate access to and ongoing use of public rights-of-way by telecommunications providers for their telecommunications facilities while protecting the public health, safety, and welfare and exercising reasonable control of the public rights-of-way in compliance with the Metropolitan Extension Telecommunications Rights-of-Way Act No. 48 of the Public Acts of 2002) ("Act") and other applicable law, and to ensure that the township qualifies for distributions under the Act by modifying the fees charged to providers and complying with the Act.

(Ord. No. C-553-A, § 1, 2-9-04)

The following words, terms and phrases when used in this article shall have the meanings indicated. Other terms used in this article shall have the same meaning as defined or provided in the Act.

Act means the Metropolitan Extension Telecommunications Rights-of-Way Oversight Act (Act No. 48 of the Public Acts of 2002), as amended from time to time.

Authority means the Metropolitan Extension Telecommunications Rights-of-Way Oversight Authority created pursuant to Section 3 of the Act.

Disruption means a physical change, modification, alteration, disturbance, injury and/or damage to or in a township right-of-way, including but not limited to, construction, installation, location, maintenance, modification, alteration, replacement or repair of improvements, and the removal or alteration of a right-of-way surface grade or material, tree, sign, marker, hydrant or other material or object.

Disruption permit, which may also be called or referred to as a construction permit, means a nonexclusive limited permit issued by the township to a person pursuant to this article allowing an activity which will result in disruption to the township's right-of-way.

Franchise means a nonexclusive limited township board approved authorization to transact, conduct and/or operate a use in the township, including but not limited to, the operation or use of improvements in the township's right-of-way.

Franchise disruption means disruption that is necessary for the franchisee to satisfy or comply with its rights or duties under a franchise and which is performed by the franchisee or its authorized contractor whose authority is disclosed in writing to the township in advance of the disruption.

Improvement means any equipment, conduit, facility, pipe, pole, structure, wire, cable, fiber, building or any other man-made or placed material or object, including but not limited to any water or sewer main, pipe, catch basin, manhole or other structure used for the accumulation or transportation of water, storm-water, sewage, liquid or gas and any overhead or underground cable, wire and/or a combination thereof, for the transmission or distribution of electrical energy, telephone service, telecommunications services or other utility or communication services or signals, including service connections and any other material protecting said cable or wire used in connection therewith.

Minor disruption means disruption in connection with work or an improvement on an individual lot or parcel that: (1) will not extend beyond the property's right-of-way frontage, (2) will not result in any obstruction or interference with the traveled portion of the right-of-way, (3) as determined by the township, will not have any impact on existing or planned township utilities or other existing or permitted improvements in the right-of-way, and (4) as determined by the township, is not of sufficient size or consequence and has no other aspects or components that warrant or necessitate compliance with otherwise applicable disruption permit requirements.

MPSC means the Michigan Public Service Board in the Department of Consumer and Industry Services, and shall have the same meaning as the term "commission" in the Act.

Ordinances means all laws, codes and regulations duly enacted and adopted by the township.

Permittee means a person who has been issued a disruption or use permit pursuant to the terms and provisions of this article and all employees, agents, contractors and other persons that direct or perform any activity covered by the permit.

Person means a natural person, company, corporation, partnership, joint venture, voluntary association, organization or other form of legal entity.

Public easement means any area of land which has been granted or dedicated to the township or to public use, including but not limited to, road or right-of-way, utility, water main, sewer line, access, drainage, recreation, conservation and other public areas, whether as easements or in fee.

Public place means any area owned, under the jurisdiction of, or controlled by the township.

Street means the paved area or area designated for vehicular travel within the right-of-way, and the word "street" shall be synonymous with the words "highway" and "road."

Telecommunication facilities or facilities means the equipment or personal property, such as copper and fiber cables, lines, wires, switches, conduits, pipes, and sheaths, which are used to or can generate, receive, transmit, carry, amplify, or provide telecommunication services or signals. Telecommunication facilities or facilities do not include antennas, supporting structures for antennas, equipment shelters or houses, and any ancillary equipment and miscellaneous hardware used to provide federally licensed commercial mobile service as defined in Section 20-332(d) of Part I of Title III of the Communications Act of 1934, Chapter 652, 48 Stat. 1064, 47 U.S.C. 332 and further defined as commercial mobile radio service in 47 CFR 20.3, and service provided by any wireless, two-way communication device.

Telecommunications provider, provider and telecommunications services mean those terms as defined in Section 20-102 of the Michigan Telecommunications Act, 1991 PA 118, MCL 484.2102. Telecommunication provider does not include a person or an affiliate of that person when providing a federally licensed commercial mobile radio service as defined in Section 20-332(d) of Part I of the Communications Act of 1934, Chapter 652, 48 Stat. 1064, 47 U.S.C. 332 and further defined as commercial mobile radio service in 47 CFR 20.3, or service provided by any wireless, two-way communication device. For the purpose of the Act and this article only, a provider also includes, (a) a cable television operator that provides a telecommunications service, (b) except as otherwise provided by the Act, a person who owns telecommunication facilities located within a public right-of-way and (c) a person providing broadband internet transport access service.

Telecommunication system means conduit, improvements and other materials which are designed and/or used to provide telecommunications services.

Township means the Charter Township of West Bloomfield, and unless this ordinance or resolution of the township board indicates otherwise, means the township director of engineering or director of engineering's designee for purposes of reviews, decisions and actions on all permit and ordinance issues and applications.

Township or township's right-of-way or right-of-way means any and all public rights-of-way, streets, highways, roads, sidewalks, alleys, thoroughfares, public easements and public places located within the Township, including within any curbs, shoulders, landscaped areas and/or other areas incidental and/or appurtenant thereto. Right-of-way" shall not include federal and state highways for purposes of telecommunication permit applications.

Use may be limited by the Act to meaning the ownership of an improvement by a telecommunications provider. For all other persons, use means the ownership, lease or rental, possession, operation, occupancy or use of all or part of an improvement.

Use permit means a nonexclusive limited permit issued by the township to a person pursuant to this or a prior ordinance, allowing use of the township's right-of-way for an improvement therein, and includes a use permit described in division 3 and a telecommunications permit described in division 4.

(Ord. No. C-553-A, § 1, 2-9-04)

This article applies to all disruption or use of township right-of-way, regardless of whether persons are excepted or exempted from the disruption and/or use permit requirements, with the provisions of division 4 applying to telecommunications providers and controlling in the event of any conflict or inconsistency with other provisions of this article.

(Ord. No. C-553-A, § 1, 2-9-04)

(1)

Generally. Except as otherwise provided in this division, no person, including persons who have or are exempt from having a use permit, shall direct or perform any activity which causes or results in any disruption to any township right-of-way unless the consent of the township board is first obtained, as evidenced by a disruption permit issued by the township pursuant to this article. Activity shall be performed in accordance with the disruption permit and in the manner provided for in this article.

(2)

Exemptions and emergencies. A disruption permit is not required for:

(a)

Activities by or under contract with the Michigan Department of Transportation or Road Board of Oakland County.

(b)

Activities that have been disclosed and described to the extent required by this article and that are thereafter approved as part of a permit, site plan, plat or other approval under another township ordinance.

(c)

Temporary obstructions which are incidental to the expeditious movement of divisions and things to and from abutting premises.

(d)

The lawful operation and parking of vehicles within a township right-of-way.

(e)

The lawful and customary use of property by adjoining property owners for such things as landscaping and lawful repairs, maintenance and other activities of, for or on a sidewalk, driveway or other similar improvement in a township right-of-way, provided that all other township required permits are first obtained.

In an emergency, including, but not limited to natural disaster, civil disorder, flood, war and/or severe weather condition, a person and/or a permittee may disrupt a township right-of-way without first receiving a disruption permit from the township provided that the township has approved the emergency repairs before the disruption takes place.

(3)

Violations. Failure to obtain a disruption permit under this section shall constitute a violation of this division and shall subject the violating person to the penalties provided for in this article. A person who violates this section shall pay the required application fee and disruption permit fee, as well as any additional charge established by resolution of the township board for that period of time that the person did not have a valid disruption permit pursuant to this division.

(Ord. No. C-553-A, § 1, 2-9-04)

(1)

Applications. A person that wants to direct or perform any activity which will or may result in any disruption to a township right-of-way shall apply to the township for a disruption permit pursuant to this division and division 5.

(2)

Franchise disruptions. An annual disruption permit may be applied for and issued for all franchise disruptions in a calendar year under a single franchise, provided that the plans and other applicable information for each disruption are filed with the township sufficiently in advance of the work that they may be reviewed.

(3)

Minor disruptions. Permits for minor disruptions may be approved and issued by the township without requiring full compliance with the application requirements in division 5.

(Ord. No. C-553-A, § 1, 2-9-04)

(1)

At the time of filing an application, the applicant must pay the township a nonrefundable application fee in an amount established by resolution of the township board. In addition, after the application has been reviewed by the township, the applicant shall pay an application review and processing fee in an amount necessary to reimburse the township for the costs in reviewing, processing, investigating, granting or denying and issuing the disruption permit, as estimated by the township based on rates and factors established by resolution of the township board. If review and processing costs exceed the township's estimate, they shall be paid by the applicant prior to permit issuance.

(2)

In addition to the nonrefundable application fee and application review and processing fees, at or prior to the time the township issues the disruption permit, the permittee shall pay the township a disruption permit fee in an amount which will cover all of the township's administrative, inspection, consulting, plan review, monitoring and other costs in conjunction with the permittee's disruption of the township right-of-way. The disruption permit fee shall be based on rates and factors established by resolution of the township board in an amount representing the township's estimate of what its costs in connection with the disruption are likely to be. Additional disruption permit fees may be required by the township during construction to cover unanticipated inspection costs, and shall be paid by the permittee within three (3) calendar days of the township's notice. If they are not, the permittee shall immediately restore the work site to a safe condition and suspend activities authorized under the permit until the additional inspection fees are paid. Upon completion of the disruption activities, the permittee shall pay to the township any costs incurred in connection with the disruption activities that are over and above the amount paid to the township by the permittee as estimated or additional disruption permit fees.

(Ord. No. C-553-A, § 1, 2-9-04)

(1)

The disruption permit granted to the permittee by the township shall be for a specified time period established by the township after taking into consideration the information in the permittee's disruption permit application.

(2)

Prior to the expiration of the term of the disruption permit, a permittee may apply in writing to the township for an extension of the permit, which shall be granted by the township if the permittee demonstrates a valid reason and explanation for why the disruption activities could not be completed during the term initially established. For purposes of seeking an extension of its disruption permit, the applicant, shall pay an extension application fee to the township in an amount established by resolution of the township board. The township shall have the right to impose additional conditions on disruption permit extensions.

(Ord. No. C-553-A, § 1, 2-9-04)

In addition to any individual conditions included by the township in a permit as provided in division 5, all disruption permits shall be considered to include and require compliance with all terms and conditions set forth in division 6.

(Ord. No. C-553-A, § 1, 2-9-04)

All disruption permits shall be subject to stop work orders and/or revocation under the standards and procedures contained in division 7.

(Ord. No. C-553-A, § 1, 2-9-04)

(1)

Generally. Except as modified for telecommunications permits under division 4 and as otherwise provided in this division, no person shall use a township right-of-way for any improvements therein unless the consent of the township board is first obtained, as evidenced by a use permit issued by the township pursuant to this article.

(2)

Exemptions. An exemption described in this section shall not apply until it has been documented and proven in written form by the person claiming it to the township's satisfaction. A use permit is not required for any person that has a valid, effective and current franchise from the township to use the township's rights-of-way for improvements.

(3)

Board permit decisions. Applications to use and/or occupy township rights-of-way that do not abut real property owned by the applicant, shall be approved, approved with conditions or denied for issuance by the township board as provided in division 5.

(4)

Violations. Failure to obtain a use permit under this section shall constitute a violation of this division and shall subject the violating person to the penalties provided for in this article. A person who violates this section shall pay the required application and use permit fee, as well as any additional charge established by resolution of the township board for that period of time that the person did not have a valid permit pursuant to this article.

(Ord. No. C-553-A, § 1, 2-9-04)

(1)

A person that wants to use a township right-of-way shall apply to the township for a use permit as provided in the permit application requirements and procedures in division 5.

(2)

At the time of filing an application, the applicant must pay to the township a nonrefundable application fee in an amount established by resolution of the township board. In addition, after the application has been reviewed by the township, applicant shall pay an application review and processing fee in an amount necessary to reimburse the township for the costs in reviewing, processing, investigating, granting or denying and issuing the use permit, as estimated by the township based on rates and factors established by resolution of the township board. If review and processing costs exceed the township's estimate, they shall be paid by the applicant prior to permit issuance.

(Ord. No. C-553-A, § 1, 2-9-04)

(1)

Except for telecommunications permits under division 4, in addition to the nonrefundable application fee and application review and processing fees, for each year the use permit is in effect, the permittee shall pay an annual use permit fee to the township in an amount established by resolution of the township board. The annual use permit fee shall be paid prior to use permit issuance, and for each year thereafter, on or before the last township business day prior to January 1, said fee being payable in advance of the year it is for.

(2)

The amount of the use permit fee shall be fair and reasonable, competitively neutral, nondiscriminatory and reasonably related to the township's costs in connection with the permit and township right-of-way involved and shall not exceed what is authorized by applicable laws. Upon the written request of the township or applicant, the fees established by the township board resolutions shall be reviewed on a case-by-case basis for the purpose of determining whether the fee should be more or less. In making such determination, the township board shall take into consideration the following factors:

(a)

The annual fixed and variable cost to the township in maintaining the right-of-way in, under or over which the permittee's use occurs.

(b)

The total amount of area that the permittee will be using and occupying in the township right-of-way, including but not limited to, the length of right-of-way and the number and size of the improvements to be used.

(c)

The frequency and unit cost of monitoring the rights-of-way on a regular basis to ensure that the use by permittee conforms with applicable law, ordinance and permit conditions, and that such use has not created the need for public attention.

(d)

The proportionate cost of maintaining and administering records of right-of-way use, including administration to assist in the avoidance of conflicts in the use of the rights-of-way by other users, and auditing of the extent of permittee's use.

(e)

Any unique aspects of permittee's use or improvements that are likely to affect the cost to the township of permittee's use of the rights-of-way.

(Ord. No. C-553-A, § 1, 2-9-04)

(1)

Except for telecommunications permits under division 4, a use permit shall be issued for a term of ten (10) years, with the first year ending on December 31 of the year the use permit is issued. The permittee may apply to the township for ten-year renewals of its use permit, which renewal periods would run from January 1 to December 31 of each ten (10) year term. Unless earlier terminated by the permittee or the township, a permittee must file an application for renewal of its use permit with the township not less than one hundred twenty (120) days before the expiration of the current term, and pay a renewal application fee to the township in an amount established by resolution of the township board. The township shall review all renewal applications and, not later than December 1 of each year, shall approve or deny all renewal applications. Decisions on renewal applications shall be made by the township in the same manner as the original permit. The township shall have the right to impose additional reasonable conditions on those use permit renewals.

(2)

Although permits are to be granted for a ten (10) year term, the township may conduct an interim review at the end of the third and sixth years of a permit to determine whether the use permit fee then in effect should be revised and/or to require the permittee to affirmatively demonstrate that it is complying with all permit and ordinance terms and conditions. If the township determines that the fee should be revised, a resolution to do so shall be presented to the township board, and upon approval, shall be established and be effective for the balance of the permit term. If a permittee fails to demonstrate ordinance and permit compliance, the township may impose further conditions upon the use permit, or, where the review reveals a material failure of compliance, may initiate revocation proceedings as provided in division 7.

(Ord. No. C-553-A, § 1, 2-9-04)

In addition to any individual conditions imposed by the township on a permit as provided in division 5, all permits shall be considered to include and require compliance with all terms and conditions set forth in division 6.

(Ord. No. C-553-A, § 1, 2-9-04)

All use permits shall be subject to stop use orders and/or revocation under the standards and procedures contained in division 7.

(Ord. No. C-553-A, § 1, 2-9-04)

(1)

Generally. Except as otherwise provided in the Act, a telecommunications provider using or seeking to use township rights-of-way for its telecommunications facilities shall apply for and obtain a telecommunications permit, which is a form of use permit, pursuant to this division.

(2)

Previously issued permits. Pursuant to Section 5(1) of the Act, authorizations or permits previously issued by the township under Section 251 of the Michigan Telecommunications Act, 1991 PA 118, MCL 484.2251 and authorizations or permits issued by the township to telecommunications providers prior to the 1995 enactment of Section 251 of the Michigan Telecommunications Act but after 1985 shall satisfy the permit requirements of this article.

(Ord. No. C-553-A, § 1, 2-9-04)

(1)

Application. Telecommunications providers shall apply for a permit on an application form approved by the MPSC in accordance with Section 6(1) of the Act by filing three (3) copies with the township clerk. Upon receipt, the township clerk shall make and distribute copies of the application to other township staff and consultants as necessary. Applications shall be complete and include all information required by the Act, including without limitation a route map showing the location of the provider's existing and proposed facilities in accordance with Section 6(5) of the Act.

(2)

Confidential information. If a telecommunications provider claims that any portion of the route maps submitted by it as part of its application contain trade secret, proprietary, or confidential information, which is exempt from the Freedom of Information Act, 1976 PA 442, MCL 15.231 to 15.246, pursuant to Section 6(5) of the Act, the telecommunications provider shall prominently so indicate on the face of each map.

(3)

Application fee. Except as otherwise provided by the Act, the application shall be accompanied by a one-time nonrefundable application fee in the amount of five hundred dollars ($500.00).

(4)

Additional information. The township may request an applicant to submit such additional information required for use permit applications under division 5, which the township deems reasonably necessary or relevant. The applicant shall comply with all such requests in compliance with reasonable deadlines for such additional information established by the township. If the township and the applicant cannot agree on the requirement of additional information requested by the township, the township or the applicant shall notify the MPSC as provided in Section 6(2) of the Act.

(5)

Existing providers. A telecommunications provider with facilities located in a township right-of-way in the township that as of November 1, 2002, the effective date of the Act, has not previously obtained authorization or a permit under Section 251 of the Michigan Telecommunications Act, 1991 PA 118, MCL 484.2251, shall submit to the township an application for a permit in accordance with the requirements of this division and within the time required or extended under Sections 5(3) and 5(4) of the Act. Pursuant to Section 5(3) of the Act, a telecommunications provider submitting an application under this subsection is not required to pay the five hundred dollars ($500.00) application fee required under subsection (3) above.

(Ord. No. C-553-A, § 1, 2-9-04)

(1)

Approval or denial. The township shall have the authority to approve or deny an application for a permit. Pursuant to Section 15(3) of the Act, the township shall approve or deny an application for a permit within forty-five (45) days from the date a telecommunications provider files an application for a permit under section 20-62, for access to a township right-of-way within the township. Pursuant to Section 6(6) of the Act, the township shall notify the MPSC when the township 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 township shall not unreasonably deny an application for a permit.

(2)

Form of permit. If an application for permit is approved, the township shall issue the permit in the form approved by the MPSC, with or without additional or different permit terms, in accordance with Sections 6(1), 6(2) and 15 of the Act.

(3)

Conditions. Pursuant to Section 15(4) of the Act, the township may impose conditions on the issuance of a permit, which conditions shall be limited to the telecommunications provider's access and usage of the township right-of-way.

(4)

Bond requirement. Pursuant to Section 15(3) of the Act, the township 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 township right-of-way is returned to its original condition during and after the telecommunications provider's access and use.

(Ord. No. C-553-A, § 1, 2-9-04)

A telecommunications provider shall not commence construction in a township right-of-way without first obtaining a disruption permit as provided in divisions 2 and 5. Unless authorized by law, no otherwise applicable fees may be charged by the township for such a disruption permit.

(Ord. No. C-553-A, § 1, 2-9-04)

Pursuant to Section 4(3) of the Act, obtaining a permit or paying the fees required under the Act or under this ordinance does not give a telecommunications provider a right to use conduit or utility poles.

(Ord. No. C-553-A, § 1, 2-9-04)

Pursuant to Section 6(7) of the Act, a telecommunications provider shall, within ninety (90) days after the substantial completion of construction of new telecommunications facilities in the township, submit route maps to the MPSC and township, showing the location of the telecommunications facilities. The route maps shall be in the format (electronic, paper or otherwise) as finally determined by the MPSC (or a court of competent jurisdiction) in accordance with Section 6(8) of the Act.

(Ord. No. C-553-A, § 1, 2-9-04)

Pursuant to Section 15(5) of the Act, a telecommunications provider undertaking an excavation or construction or installing telecommunications facilities within a township right-of-way or temporarily obstructing a township right-of-way in the township, as authorized by a permit, shall promptly repair all damage done to the street surface and all installations under, over, below, or within the township right-of-way and shall promptly restore the public right-of-way to its preexisting condition.

(Ord. No. C-553-A, § 1, 2-9-04)

In addition to the nonrefundable application fee paid to the township set forth in section 20-62, a telecommunications provider with telecommunications facilities in the township's rights-of-way shall pay an annual maintenance fee to the authority pursuant to Section 8 of the Act.

(Ord. No. C-553-A, § 1, 2-9-04)

In compliance with the requirements of Section 13(1) of the Act, the township hereby modifies, to the extent necessary, any fees charged to telecommunications providers after November 1, 2002, the effective date of the Act, relating to access and usage of the township rights-of-way, to an amount not exceeding the amounts of fees and charges required under the Act, which shall be paid to the authority. In compliance with the requirements of Section 13(4) of the Act, the township also hereby approves modification of the fees of providers with telecommunication facilities in township rights-of-way within the township's boundaries, so that those providers pay only those fees required under Section 8 of the Act. To the extent any fees are charged telecommunications providers in excess of the amounts permitted under the Act, or which are otherwise inconsistent with the Act, such imposition is hereby declared to be contrary to the township's policy and intent, and upon application by a provider or discovery by the township, shall be promptly refunded as having been charged in error.

(Ord. No. C-553-A, § 1, 2-9-04)

Pursuant to Section 13(5) of the Act, if Section 8 of the Act is found to be invalid or unconstitutional, the modification of fees under section 20-69, shall be void from the date the modification was made.

(Ord. No. C-553-A, § 1, 2-9-04)

Pursuant to Section 10(4) of the Act, all amounts received by the township from the authority shall be used by the township solely for right-of-way related purposes.

(Ord. No. C-553-A, § 1, 2-9-04)

As required by Section 10(5) of the Act, the township shall file an annual report with the authority on the use and disposition of funds annually distributed by the authority.

(Ord. No. C-553-A, § 1, 2-9-04)

Pursuant to Section 13(6) of the Act, the township shall not hold a cable television operator in default or seek any remedy for its failure to satisfy an obligation, if any, to pay after November 1, 2002, the effective date of this Act, a franchise fee or similar fee on that portion of gross revenues from charges the cable operator received for cable modem services provided through broadband internet transport access services.

(Ord. No. C-553-A, § 1, 2-9-04)

Pursuant to Section 4(2) of the Act, except as expressly provided herein with respect to fees, this article shall not affect any existing rights that a telecommunications provider or the township may have under a permit issued by the township or under a contract between the township and a telecommunications provider related to the use of the township rights-of-way. Upon the written request of a telecommunications provider holding such a permit, the township shall issue a replacement permit in the form approved by the MPSC in accordance with Sections 6(1), 6(2) and 15 of the Act, with the effective date of the replacement permit to be the same date as the original permit.

(Ord. No. C-553-A, § 1, 2-9-04)

The township hereby declares that its policy and intent in adopting this article is to fully comply with the requirements of the Act, and the provisions hereof should be construed in such a manner as to achieve that purpose. The township shall comply in all respects with the requirements of the Act, including but not limited to the provisions referenced in this division.

(Ord. No. C-553-A, § 1, 2-9-04)

Pursuant to Section 15(2) of the Act, this division shall not limit the township's right to review and approve a telecommunication provider's access to and ongoing use of a public right-of-way or limit the township's authority to ensure and protect the health, safety, and welfare of the public.

(Ord. No. C-553-A, § 1, 2-9-04)

Failure to obtain or violation of a permit under this division shall be subject to the penalties and procedures provided for in the Act, and to the extent authorized by law, to the penalties and procedures in division 7.

(Ord. No. C-553-A, § 1, 2-9-04)

At least three (3) copies of a permit application, and more if necessary to secure all township staff and consultant reviews, shall be filed with the township clerk and shall not be considered as complete for any purposes, including any time periods for township reviews and decisions, until the required application fee and information has been provided.

(Ord. No. C-553-A, § 1, 2-9-04)

(1)

Except for telecommunications use permits and as provided in this section, permit applications shall include all of the following information, as applicable, on a township application form or by attachment to the form of applicable documents and plans.

(2)

With the township's approval, an applicant may rely on information submitted in connection with a specifically identified, previously issued permit, upon a written certification to the township that the information has not changed and remains accurate.

(3)

Upon an applicant's written request and demonstration to the township's satisfaction that one or more application requirements serve no useful purpose or have been adequately addressed in an alternative manner or form, and for minor disruptions, the township may waive or modify one or more of the information requirements, with or without conditions.

(Ord. No. C-553-A, § 1, 2-9-04)

(1)

The name, age if an individual, and address of the applicant, and if the applicant is not a natural person, the date, state and form of business organization.

(2)

The character of the business the applicant engages in and the lengths of time and locations where that business has been conducted.

(3)

Written documentation of the applicant's lawful existence, authorization and good standing to conduct its business in the State of Michigan.

(4)

The names, phone numbers, fax numbers, addresses, e-mail addresses if applicable, and position, relationship or affiliation with applicant for the following persons:

(a)

Applicant's contact person(s).

(b)

The person(s) that is authorized to and will sign and agree to permits that are issued on behalf of applicant.

(c)

Applicant's resident agent for service of process.

(d)

The person(s) responsible for preparation and revisions of applicant's maps and plans.

(e)

All contractors that will be performing any work in township right-of-way for the applicant under the permit(s) requested.

(f)

The construction and engineering personnel that will be responsible for supervision of disruption, maintenance and repair work in township right-of-way and for communication with the township regarding such work.

(g)

Identification of all other permits the applicant has been issued by the township and proof of full compliance with them.

(5)

For proposed aboveground improvements, the application shall demonstrate that they can not be placed underground or that the applicant is exempted by law from the requirement of this article that all new improvements be placed underground.

(Ord. No. C-553-A, § 1, 2-9-04)

Use permit applications shall include a textual description and scaled drawing or map on eight and one-half by eleven (8½" × 11") paper or other size accepted by the township that shows or contains:

(1)

The general route and horizontal and vertical (above or below ground) location within the right-of-way of improvements to be installed and/or used.

(2)

The relationship of the improvements to existing and proposed improvements in adjoining municipalities.

(3)

The length, area or other applicable measurement of township right-of-way that will be used by applicant, expressed in lineal feet of aerial and under ground portions of proposed and existing improvements, and for improvements that are not measurable in lineal feet, the number of square feet of right-of-way that will be used.

(4)

If the applicant is proposing to construct new aerial poles or new underground conduit or pipe improvements, a description of why it is not physically and financially feasible for applicant to utilize existing poles, pipes, conduits and improvements.

(5)

A detailed description of the services to be provided by applicant's improvements, which shall include a description of the system those improvements will be a part of and the categories or classifications and locations of existing, intended and potential customers or persons that are or may be served by the improvements.

(6)

Copy of a current financial statement for the applicant.

(Ord. No. C-553-A, § 1, 2-9-04)

Detailed construction plans and a separate list or index of same, at a scale of no less than one (1) inch = one hundred (100) feet for the improvements applicant proposes to construct and/or use, with each plan to clearly show or contain all of the following information:

(1)

The name and address of the person that prepared the plan, the dates of preparation and revisions, a job/work title and/or number and a drawing/sheet number.

(2)

Whether the improvements are existing or proposed.

(3)

All township right-of-way lines and property lines if within the township right-of-way and the location of the improvements in relation thereto.

(4)

The lineal feet or other area of township right-of-way occupied or proposed to be occupied by the improvements shown on the plan, expressed separately for aerial and underground portions.

(5)

Match lines by which each plan can be related to the applicant's other plans.

(6)

A description of the improvements shown on the plan that includes the size, components, capacity, ownership and existing, proposed and potential uses.

(7)

For aerial improvements, all existing and new poles or structures to which the improvements are or will be attached shall be shown and designated as such together with the owner of each such pole or structure.

(8)

For aerial improvements, elevations shall be depicted on a drawing that shows applicant's improvements in relation to all other existing improvements and the poles or structures to which they are or will be attached.

(9)

For underground improvements, in addition to the applicant's, the plans shall show all other existing underground appliances, conduits and improvements, it being the applicant's responsibility to determine the existence and location of such other improvements. The plans shall show the applicant and other existing improvements by reference to the horizontal and vertical location and separation between improvements that exist or are proposed.

(10)

The locations of rivers, streams, drains, bodies of water and state or township regulated wetlands crossed by applicant's improvements.

(11)

The location of all township right-of-way that will or may be disrupted by the installation, use, maintenance or repair of applicant's improvements.

(12)

The location of any above ground structures or landscaping including but not limited to, trees, shrubs, signs, hydrants, mail boxes and driveways within or adjoining the township right-of-way, that will or may be disrupted or damaged by the installation, use, maintenance or repair of the applicant's improvements.

(Ord. No. C-553-A, § 1, 2-9-04)

(1)

A description of the manner in which the improvements will be installed, maintained and repaired by reference to the number and types of vehicles, equipment and personnel involved and the area of township right-of-way within which disruption activities will be occurring at any given time.

(2)

A description of the time and manner in which applicant will restore township rights-of-way that may be disrupted or damaged by applicant's activities.

(3)

If the applicant is proposing to construct new aerial poles or new underground conduit or pipe improvements, a description of why it is not physically and financially feasible for applicant to utilize existing poles, pipes, conduits and improvements.

(4)

The cost of the improvements to be installed and such other information as may be required for the township to issue and establish individual terms and conditions for a permit.

(5)

The length of time it will take applicant to complete the installation and required restoration under a proposed disruption permit, expressed in terms of the number of weeks from the date the permit is issued, and noting any changes to the schedule that may be needed based on the time of year the permit is issued or any other variable that is not within applicant's control.

(6)

Copies of Michigan Department of Transportation, Road Commission for Oakland County, and other governmental permits or approvals that are required for applicant's improvements, or documentation that such permits have been applied for.

(7)

If applicant proposes to locate its improvements on, within or as part of poles, conduits or improvements of another person, that person's written confirmation of applicant's rights to do so.

(8)

Notes on the plans requiring traffic control devices in accordance with township ordinance, the most recent edition of the Michigan Manual of Uniform Traffic Control Devices Guide, and reasonable engineering specifications required by the township.

(Ord. No. C-553-A, § 1, 2-9-04)

If the township determines it to be necessary to the proper and efficient administration of this article, it may also require an applicant for a disruption permit to provide plans on a larger scale, elevations, locations and topography at specified contours for existing and proposed improvements, landscaping and natural features, property lines and other relevant information for areas within one hundred (100) feet of the proposed improvement.

(Ord. No. C-553-A, § 1, 2-9-04)

(1)

Except as otherwise provided in this division, the township shall approve, conditionally approve or deny a permit for issuance within forty-five (45) days from the date the applicant files a complete application. The time limit for the township to make a decision may be extended with the applicant's written agreement, and except for telecommunications permits under division 4, by the township for good cause. Approval of a permit for issuance does not authorize any disruption or use of township right-of-way.

(2)

The township review and decision on an application shall be based on this article, which establishes the terms and conditions under which the township board consents to disruption in and use of the township rights-of-way. The township will not approve a permit for issuance to an applicant that is in violation of or has unsatisfied obligations to the township under a prior permit.

(3)

Approval of a permit for issuance does not authorize any disruption or use of township right-of-way and may be subject to conditions that must be satisfied prior to permit issuance and the commencement of permitted activities.

(4)

Complete use permit applications requiring township board decision shall be scheduled for the first regular meeting that allows the township to provide at least ten (10) days written notice to the applicant of the location, day and time of that meeting, at which the applicant and other interested persons will have the right to present evidence, information, comments, statements and questions regarding, in support of or in opposition to the application.

(Ord. No. C-553-A, § 1, 2-9-04)

The township may impose conditions on any permit it approves as it determines necessary to ensure and protect the public health, safety and welfare. Subject to any limitations for telecommunications permits under division 4, the township may require, as a condition of the permit, that a bond in the form of cash, letter of credit or other security acceptable to the township be posted by the applicant, which bond shall not exceed the reasonable costs to ensure that the township's rights-of-way that are to be disrupted and/or used by the applicant are returned and restored to their original condition after the applicant's disruption and or use of the rights-of-way, that all required fees are paid, that all permit conditions are satisfied and that acceptable as-built plans are provided to the township.

(Ord. No. C-553-A, § 1, 2-9-04)

Upon approving a permit for issuance, the township shall provide the applicant with two (2) copies of a completed permit form and documents that contain or incorporate all terms and conditions under division 6 of this article and any individual permit conditions. To obtain permit issuance, the applicant shall accept and agree to the permit by signing both copies of the permit and applicable permit documents in the form and manner specified and delivering them to the township together with any required fees, bonds, insurance certificates and any other documents that were specified by the township as conditions for permit issuance. When all requirements for permit issuance have been satisfied, the township shall issue the permit by dating and signing each of the permit forms, keeping one for township records and mailing or delivering the second to the permittee.

(Ord. No. C-553-A, § 1, 2-9-04)

A disruption permit or copy thereof, together with the approved construction plans shall be in the possession of the permittee's employee or representative at each work location at all times.

(Ord. No. C-553-A, § 1, 2-9-04)

Disruption permit amendments are at the discretion of the township, who for more than minor changes or alterations, may require that a new permit be applied for and obtained. Use permits may be amended by the township upon a written application of the permittee, to include the right to use additional right-of-way for the remainder of the original use permit term. All application, application review and processing and annual use permit fees shall be paid in connection with such an amendment.

(Ord. No. C-553-A, § 1, 2-9-04)

Any person, firm or corporation whose permit application is denied or approved with conditions the applicant wishes to challenge, may appeal to the township board by filing a written appeal with the township not more than ten (10) days after the decision. The application for appeal shall fully and particularly set forth the nature and grounds upon which the appeal is based. The township board, shall, within thirty (30) days after the filing of such notice of appeal, hold a hearing on the appeal. Upon hearing the appeal, township board shall either approve, conditionally approve or deny the permit for issuance, and in doing so, may in its sole discretion, on the applicant's request or its own motion, waive or modify ordinance requirements that were the basis for permit denial.

(Ord. No. C-553-A, § 1, 2-9-04)

Except for telecommunications permits issued under division 4, the following terms and conditions shall apply to all persons directing or performing disruption or use of township right-of-way, regardless of whether they have or are required to have a permit, and shall be considered a part of every disruption and use permit issued under this article.

(1)

Nonexclusive. A permit shall be nonexclusive and does not restrict the township from at any time issuing additional permits to other persons to disrupt and/or use the same township right-of-way. The issuance of a permit does not establish any priority for the disruption and/or use of a township right-of-way and permittees shall coordinate their work to avoid conflicts with the township and all other persons lawfully working in the right-of-way.

(2)

Compliance with permits and laws. All persons shall strictly comply with all of the terms and conditions of a permit and with all applicable laws, codes, restrictions and ordinances, including the public utility notification provisions of Act 53 of the Public Acts of 1974, as amended, and Part 91, Soil Erosion and Sedimentation Control, of the Natural Resources and Environmental Protection Act, Act 451 of the Public Acts of 1994, as amended, and no person shall disrupt and/or use any township right-of-way without first obtaining all other required township or other governmental permits and approvals and paying all other applicable fees.

(3)

Permit fees and taxes. A permittee shall timely pay all annual use and other permit fees and all personal and real property taxes and any other obligations due and payable to the township.

(4)

Transfer/assignment. A disruption permit shall not be assigned or transferred without the written consent of the township which it shall have no obligation to grant. Prior to completion of the construction of the improvements in the township public rights-of-way covered by a use permit, there shall not be any transfer, conveyance or assignment of the permit or the rights/privileges granted by it or any change in control of permittee, in whole or in part, voluntarily, involuntarily, or by operation of law, merger, consolidation, substantial change in the ownership or control or other means, without prior written consent of the township, which shall not be unreasonably withheld for reasons unrelated to the ability and/or willingness of the proposed transferee/assignee to comply with the permit and all of its terms and conditions. After the completion of such construction, such a conveyance, transfer, assignment or change in control may be done without township consent provided that permittee provides written notice to the township of same no later than thirty (30) days after such occurrence and:

(a)

Any transferee or assignee shall be qualified to perform under the permit terms and conditions and comply with applicable law, shall be subject to the obligations of the permit, including responsibility for any defaults which occurred prior to the transfer or assignment, shall supply the township with written notice of the same identification, address and contact information required of a permittee and shall comply with any updated insurance and performance bond requirements under the permit which the township reasonably deems necessary; and

(b)

A change in control shall not be to an entity lacking the qualifications to assure permittee's ability to perform under the terms and conditions of the permit and comply with applicable law and shall be subject to compliance with any updated insurance and performance bond requirements which the township reasonably deems necessary.

If a permit is assigned in whole or in part, its terms and conditions shall be binding upon the successors or assigns of the permittee. A security interest in a permit and the improvements covered by it may be granted at any time without notice to the township.

(5)

As-built plans. A permittee shall deliver to the township, as-built plans in a form and at a scale acceptable to the township for the permitted improvements which are in the township right-of-way within sixty (60) days after completion of installation or commencement of use, whichever first occurs.

(6)

G.I.S. Within sixty (60) days of completion of improvements, a permittee shall provide the township with a geographical information system layer in a media form acceptable to the township, which accurately portrays the permittee's as-built improvements and shall be updated to accurately reflect any changes to the same which are approved by the township.

(7)

Additional and/or future use. The issuance of a permit does not confer rights to any additional disruption and/or use of the township's right-of-way, except as specifically granted and described in the permit.

(8)

Township modifications and future use. The issuance of a permit does not prohibit the township from requiring modifications to permittee's construction activities or from using the township's right-of-way in a manner which may interfere with, disrupt or prevent the permittee's disruption and or use of the same. Permittees acknowledge and accept this risk and shall not be entitled to receive any compensation from the township in the event that the township uses the township right-of-way in that manner. The expense of making any necessary modifications of its improvements in order to accommodate a conflict shall be borne by the permittee.

(9)

No interference in township rights-of-way. No person shall disrupt a right-of-way or construct, install, locate, maintain, use or operate its improvements in the township's rights-of-way in a manner that interferes with township or other lawful use, existing water mains, gas lines, sanitary sewer lines, drains or drain pipes, or other improvements that are existing in the township's right-of-way. Any portion of improvements that so interfere, or that will interfere with a proposed public utility or street improvement project, shall, at the request of the township, be removed or modified by a permittee or owner of the improvements at its cost, without entitlement to receive any compensation from the township. Such removal or modification shall be made within a reasonable time of request, as stated in a written notice from the township. If the removal or modification is not made within such time, the township may remove or modify the interfering improvement(s) to the extent required, and bill the permittee or owner of the improvements for the expenses incurred in doing so. If such a bill is not paid in full within thirty (30) days of the date of billing, township may recover its expenses from a permittee's bond and/or by an action at law. With regard to interference with the use of the right-of-way for pedestrian, vehicular or other related purposes, all activities of a permittee shall be undertaken in a manner to minimize interference, and all due precautions shall be taken to maximize public safety.

(10)

Plan, schedule and permit compliance; costs. The installation of improvements in, and the permittee's disruption and/or use of the township's rights-of-way, shall be in compliance with the plans submitted to and approved and all permits issued by the township. All costs of the permittee's improvements in use of the right-of-way shall be the sole responsibility of the permittee. All construction and installation of improvements in the township's rights-of-way, shall be performed by the permittee in compliance with the schedule submitted to and approved by the township, shall be done and maintained with all necessary precautions to prevent injury or damage to persons and property and in a good and workmanlike fashion in accordance with recognized construction industry and other applicable standards and shall be subject to inspection and final approval of the township.

(11)

Restoration of property. Any portion of the township's right-of-way that is disrupted by the construction, installation, location, maintenance, use or operation of improvements shall be restored to its prior condition by the permittee, owner of the improvements and/or the persons that caused or directed the disruption. The disrupted right-of-way shall be restored and returned to a condition that is as good or better than that which existed at the time the disruption occurred. The time period and the manner in which the restoration is to take place shall be established by the township, and, in the event the permittee does not complete the restoration in that time and/or does not undertake the restoration in the manner approved by the township, upon written notice the township may complete the repair and restoration and recover its costs from any bond posted by the permittee and/or by an action at law. If the bond does not cover all of the costs incurred by the township, the permittee shall immediately pay the outstanding balance of the costs to the township, and reinstate the required bond.

(12)

Maintenance and repair. During the term of a permit, the permittee shall maintain and repair its improvements in a good and workmanlike condition. If permittee fails to do so, the township may send a written notice to the permittee to correct the defective condition within a specified time. If the defective condition is not corrected within the time allowed, the township shall be entitled, as its sole discretion, to perform said maintenance and repair, correct the defect and or remove the improvement, and bill the cost of the same to the permittee. If such a bill is not paid in full within thirty (30) days of the date of billing, the township may recover its costs from any bond posted by permittee. In the event the bond does not cover all of the costs incurred by the township, the permittee shall immediately pay the outstanding balance of the costs to the township and reinstate the required bond.

(13)

Removal and/or relocation for or by township. A permittee or owner of improvements shall remove, relocate and/or disconnect any portion of its improvements located in the township's rights-of-way when the permittee is advised in writing by the township that the same is necessary for the township to do any construction, excavation, maintenance, repair or other work in furtherance of the public health, safety and welfare. The township may remove, relocate, damage, disrupt and/or disconnect a permittee's or owner's improvements in the event of an emergency, including but not limited to civil disorder, war, disaster, accident, fire, flood or severe weather occurrence, if the same is determined to be necessary to protect the public health, safety and welfare, with the township not being liable to the permittee, owner or any persons receiving services from the improvements, for any damages or injuries caused by the township's actions.

(14)

Vacation/abandonment. If a right-of-way is vacated, discontinued, abandoned, terminated and/or released, the permittee's right to use that area of land shall immediately terminate and the permittee shall remove its improvements therefrom.

(15)

Removal upon expiration or termination of use permit. Upon the expiration or termination of a permit, or if the permittee abandons or ceases operating or using its improvements in the township's rights-of-way, within three (3) months or a longer time period established by the township board, permittee shall remove all of its improvements from the township's right-of-way and restore the area to a condition that is as good or better than that which existed prior to the installation and use of its improvements in the township right-of-way. If the permittee and township agree that it would not be in the best interest of the public health, safety and welfare for permittee to remove its improvements and the township agrees to accept ownership of same, at no cost to the township, permittee shall convey the improvements to the township, who may thereafter use the improvements. The decisions as to whether a permittee shall remove its improvements from the township's right-of-way and whether the township will accept ownership, and if so, any conditions, is in the sole discretion of the township board.

(16)

Notice of commencement and completion of permitted activities. At least forty-eight (48) hours prior to commencing or performing activities allowed by a permit, the permittee shall notify the township to arrange for inspection of the activities by the township. Within five (5) days of completing permitted activities, permittee shall notify the township so that final inspection may be made.

(17)

Personnel and equipment identification. Personnel, including contractors and subcontractors of permittee conducting permitted activities shall at all times wear or have clearly visible identification as a representative of permittee, and all vehicles and equipment used in the activities shall be clearly identified with permittee's name.

(18)

Prohibited work days. Except for emergencies, no disruption activities shall be performed on Sundays or legal holidays without the written authorization of the township.

(19)

Traffic control. The permittee shall furnish, install and maintain all necessary traffic controls and protection during disruption activities in accordance with the current edition of the Michigan Manual of Uniform Traffic Control Devices and any special instructions set forth in the permit.

(20)

Private property. A permit does not authorize entry upon private property or the use of private water supplies.

(Ord. No. C-553-A, § 1, 2-9-04)

(1)

The township and its officials, officers, employees, agents, volunteers, representatives and contractors shall not be liable or responsible for any damages or injuries that occur to or are suffered by any person or property which are caused by or result from the permittee's or its contractor's construction, installation, location, use or maintenance of improvements in the township right-of-way.

(2)

Permittees shall indemnify, defend and hold the township and its officials, officers, employees, agents, volunteers, representatives and contractors harmless from any claims or encumbrances which may be imposed as a result of any indebtedness by the permittee to any contractors, subcontractors or any other persons providing services, labor or materials to the permittee. If the township discovers that such a claim or encumbrance has been placed on or against a township right-of-way, the township shall notify the permittee in writing to remove the same within thirty (30) days from said notice, with failure to remove such a claim grounds for revocation of permit. If the permittee fails to remove the claim or encumbrance from the township's right-of-way within thirty (30) days from the township's written notice, the township may apply any bond posted by the permittee towards the township's cost of completely removing the claim or encumbrance. The permittee shall have the affirmative obligation to inform the township of any claims or encumbrances that the permittee is aware have been placed on or against the township's right-of-way.

(3)

Permittees shall indemnify, defend and hold the township, its officers, agents, employees and officials harmless from any and all claims, losses, liabilities, causes of action, demands, judgments, decrees, proceedings, and expenses, including attorney fees, of any nature ("claims") arising out of or resulting from the acts or omissions of permittee, its officers, agents, employees, contractors, successors, or assigns or the permittee's use or installation of improvements in the township right-of-way. Township shall notify permittees of any such claims and shall cooperate and consult with permittees in the defense and resolution of them, including the selection and direction of legal counsel. Township shall not settle any claim subject to indemnification under this section without the advance written consent of the permittee, which shall not be unreasonably withheld, with permittees, at their expense, having the right to defend or settle any claim against the township for which permittee is responsible.

(4)

The indemnification obligations of a telecommunications provider that has obtained a telecommunications permit from the township as provided in the act and this article shall be as described in that permit.

(Ord. No. C-553-A, § 1, 2-9-04)

(1)

The permittee shall, at its own cost, maintain in full force and effect during the term of each permit, the following kinds of insurance with the limits set forth, with the company providing same to be licensed and admitted to do business in the State of Michigan and acceptable to the township:

(a)

Comprehensive commercial general liability insurance on an occurrence basis, with liability limits in an amount established by resolution of the township board, which liability insurance coverage shall include coverage for operations, products and completed operations, contractual liability, independent contractors and for explosion, collapse and underground liabilities, commonly referred to as "XCU" coverage.

(b)

Motor vehicle insurance covering all owned and non-owned vehicles used in the permitted activities, including Michigan no-fault coverage, with liability limits in amounts established by resolution of the township board.

(c)

Owner's and contractor's protective liability insurance with liability limits established by resolution of the township board.

(d)

Worker's compensation insurance, including employer's liability coverage, in accordance with applicable Michigan statutes.

(2)

The township and its officials, officers, employees, agents, contractors and representatives shall be named as additional insureds on the comprehensive commercial general liability insurance, owner's and contractor's protective liability insurance and the motor vehicle liability insurance to be obtained by permittee.

(3)

The permittee shall furnish to the township certificates of insurance and, upon request, certified copies of each insurance policy that the permittee is required by this section to obtain. No insurance policy and coverage that the permittee is required to obtain and keep in full force and effect by this section shall be cancelled, changed or subject to cancellation or reduction without at least thirty (30) days prior written notice to the township. If any coverage will expire during the term of a permit, the permittee shall deliver renewal certificates to the township engineer at least ten (10) days prior to the expiration date.

(4)

The insurance obligations of a telecommunications provider that has obtained a telecommunications permit from the township as provided in the Act and this article shall be as described in that permit.

(Ord. No. C-553-A, § 1, 2-9-04)

All permits shall be subject to the issuance of stop work or stop use orders by the township engineer and revocation as provided in division 7.

(Ord. No. C-553-A, § 1, 2-9-04)

In addition to any other rights or remedies the township may have pursuant to this article or other applicable law, the township, upon finding the existence of an imminent threat to the public health, safety or welfare, may order a stoppage of work and/or use pending (i) removal or elimination of the threat and/or (ii) a hearing on the order before the township board under section 20-113.

(Ord. No. C-553-A, § 1, 2-9-04)

The township board may revoke a permit for any of the following reasons, subject to undertaking the procedure in section 20-113.

(1)

Permittee's violation of and/or non-compliance with this article or a stop work or stop use order of the township.

(2)

Permittee's failure to comply with any of the terms, conditions and/or requirements of its permit.

(3)

Permittee's failure to obtain permits and other approvals and to timely pay any fees required by this article and/or any other applicable ordinances, codes, statutes or laws.

(4)

Violation of any ordinance, code, state or federal law or any other applicable law or legal requirement.

(5)

A change to or cancellation of an insurance policy or coverage required by this article without the prior written approval of the township.

(6)

The cessation of operation, termination, dissolution or disbanding of the permittee.

(7)

Causing, allowing and/or maintaining a nuisance as determined by the township in the township's right-of-way.

(8)

Failure to timely pay to the township any real property taxes, personal property taxes, assessments and/or other obligations.

(9)

Failure to remove any liens or encumbrances from the township's right-of-way.

(10)

A material change of circumstance relating to the right-of-way which results in a material adverse condition in which to permit a continuation of permittee's use.

(Ord. No. C-553-A, § 1, 2-9-04)

In the event a stop work or use order is issued or the township determines that a permit is subject to revocation under this division, the township shall do the following:

(1)

Mail or deliver a written notice of hearing to the permittee at the last address furnished to the township by permittee, at least ten (10) days prior to the hearing and containing the following information:

(a)

Notice of the township's proposed action and stop work or use order, if applicable.

(b)

Reasons for the township's proposed action and stop work or use order, if applicable.

(c)

Date, time and location of hearing.

(d)

A statement that at the hearing the permittee may present witnesses, evidence, information and arguments on its behalf, and that the permittee has the right to be represented by counsel.

(2)

At the hearing the permittee shall be given an opportunity to be represented by counsel and to present witnesses, evidence, information and arguments. Other interested persons shall also be permitted to attend the hearing and may present evidence, information and comments on the matters addressed at the hearing.

(3)

Following the hearing, the township board shall make a decision to continue, modify or dissolve a stop work or use order and/or revoke a permit, as applicable. In the event the township board decides to revoke a permit or to continue or modify a stop work or use order, the township board shall state the reasons for its decision on the record and shall mail or deliver written notice of its decision and reasons to the permittee.

(Ord. No. C-553-A, § 1, 2-9-04)

(1)

Any person determined to be in violation of this article or a permit issued under it shall be responsible for a municipal civil infraction, and shall pay a fine in the following amount:

(a)

First offense .....$1,000.00

(b)

Second or subsequent offense ..... 5,000.00

(2)

Any person in violation of this article or a permit issued under it shall be responsible for restoration of the right-of-way to the condition that existed prior to the violation. If such person fails or refuses to restore the right-of-way after thirty (30) days notice from the township, and if the township determines that the civil infraction remedy is inadequate under the circumstances, the township may initiate proceedings in the appropriate court to recover the cost estimated to accomplish the restoration, or recover such costs as have been actually expended by the township in achieving the restoration, as the case may be. Such costs shall include finance and reasonable administrative costs estimated or incurred.

(3)

Each occurrence of a violation, and each day a violation exists, shall constitute a separate violation of this article.

(4)

Violations of this article, are considered to be a nuisance per se with such violations and correction of any conditions resulting from violations subject to abatement by injunctive or other appropriate order by a court of competent jurisdiction.

(Ord. No. C-553-A, § 1, 2-9-04)

Violations of this article and permits or orders issued under it subject the violator to township enforcement through one or more of the remedies provided in this division, and the election by the township to pursue one form of remedy does not waive or restrict the township's option to pursue other remedies at the same or later time.

(Ord. No. C-553-A, § 1, 2-9-04)

Nothing in this article shall be construed as a waiver of any of the rights, remedies and/or authority of the township pursuant to any laws, ordinances, codes or regulations of the township, and the township reserves the right to exercise all authority and take any and all action granted to it by any constitution, law, township ordinance, code and/or regulation. Nothing in this division shall be construed to limit and/or preclude the township from exercising its right of eminent domain.

(Ord. No. C-553-A, § 1, 2-9-04)

Any notices required to be sent to the permittee by this article may be delivered, or may be sent by first-class mail to the permittee at the address listed in the permittee's disruption and/or use permit application.

(Ord. No. C-553-A, § 1, 2-9-04)

If any section, clause or provision of this article shall be declared to be unconstitutional, void, illegal or ineffective by any court of competent jurisdiction, such section, clause or provision declared to be unconstitutional, void or illegal shall thereby cease to be a part of this article, but the remainder of this article shall stand and be in full force and effect.

(Ord. No. C-553-A, § 1, 2-9-04)

All ordinances or parts of ordinances in conflict herewith are hereby repealed only to the extent necessary to give this article full force and effect.

(Ord. No. C-553-A, § 1, 2-9-04)

All proceedings pending and all rights and liabilities existing, acquired or incurred at the time this article takes effect are saved and may be consummated according to the law when they were commenced. As hereby amended, the Township of West Bloomfield Right-of-Way Management Ordinance, shall continue in full force and effect, with all rights and liabilities that existed under permits and sections of the ordinance being amended, hereby saved and preserved for all purposes related to the terms and conditions of those permits and the township's permit authority. Should any portion of the right-of-way management ordinance, as hereby amended, be declared invalid, that portion shall cease to be a part of the ordinance, the remainder of which shall be unaffected.

(Ord. No. C-553-A, § 1, 2-9-04)

This division is adopted pursuant to the township's constitutional and proprietary rights and interests in public rights-of-way located within the township and the reasonable control thereof under Article VII, Section 29 of the Michigan Constitution of 1963, and other applicable laws for the purpose of establishing a franchise license requirement for access to, and ongoing use of, public rights-of-way for wireless facilities in a manner that complies with applicable state and federal regulations including the Federal Telecommunications Act, 47 U.S.C. 151 et seq. (Telecommunication Act), Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012, as amended (Spectrum Act) and applicable Federal Communication Commission ("FCC") rulings. The scope of this division is limited to wireless facilities established and/or maintained within the public rights-of-way that are not considered to be telecommunications facilities covered by the Metropolitan Extension Telecommunications Rights-of-Way Oversight Act, MCL 484.3101 et. seq. ("Metro Act"), and permits applied for and issued under the Metro Act and division 4 of this chapter.

(Ord. No. C-553-B, § 1, 12-17-18)

This division shall not be interpreted or applied in a manner that prohibits or may have the effect of prohibiting the ability of a wireless provider to provide interstate or intrastate telecommunications wireless service contrary to Section 253 of the Telecommunications Act, 47 U.S.C. 253.

(Ord. No. C-553-B, § 1, 12-17-18)

As used in this division, the following words and phrases shall have the indicated meanings:

Collocation means to place or install wireless transmission equipment on an eligible support structure or pole for the purpose of transmitting and/or receiving radio frequency signals for communications purposes as defined by the Federal Telecommunications and Spectrum Acts.

DAS/small cells means any distributed antenna system or small cell telecommunication or data wireless network and all wireless facilities or related equipment installed and/or operated by a wireless provider for the provision of commercial mobile radio service ("CMRS") carriers and including cables, antennas, brackets, devices, conduits, poles, support structures, shelters, houses, cabinets and all other related equipment to be deployed, installed and/or operated by a wireless provider.

Eligible facilities request means a request for modification of a lawfully existing wireless support structure or lawfully existing wireless equipment (base station) in a public right-of-way that involves collocation, removal or replacement of wireless equipment that will not substantially change the physical dimensions of the wireless support structure or existing wireless equipment, with substantial change meaning any of the following:

a.

Increasing the height of a wireless support structure over the existing approved height by more than ten (10) percent or more than ten (10) feet, whichever is greater.

b.

Adding wireless equipment to a wireless support structure that would protrude from the edge of the structure by more than six (6) feet.

c.

The installation of new ground equipment cabinets if there are not pre-existing ground cabinets.

d.

If there are existing ground equipment cabinets, the installation of ground cabinets that are ten (10) percent larger in height or overall volume than the existing cabinets.

e.

Excavation or deployment outside the perimeter of the area occupied by the wireless support structure and existing or related wireless equipment.

f.

A modification that does not comply with prior approval conditions for the wireless support structure or existing wireless equipment unless the noncompliance is limited to a modification that would not be a substantial change under the standards set forth in subsections (a) through (e) above.

g.

A modification that would defeat or be incompatible or inconsistent with existing elements of a wireless support structure or existing wireless equipment designed to conceal or minimize its appearance as a wireless support structure or wireless equipment.

License means a township approved right-of-way use for a wireless facility granted pursuant to a fully executed right-of-way wireless franchise agreement adopted by resolution of the township board, also referred to as a franchise license.

Public right-of-way means the surface of, air space above, and area below the entire width of any road, highway, street, alley, thoroughfare, easement, or other area that is dedicated, reserved, used, or open to use as a matter of right for public travel whether owned or controlled by, or under the jurisdiction of the township, the county, the state, or the federal government.

Utility pole or pole means a lawfully existing pole, other than a wireless support structure, in a public right-of-way that is owned, controlled, or under the jurisdiction of the township or other governmental entity, an entity recognized by state or federal law as a public utility, or other person or entity that has a franchise, license, or other proprietary authority granted by the township or by law, to have, maintain and use the pole in the public right-of-way including light poles, wooden power poles, traffic light poles, highway sign poles, utility poles, non-township owned lighting fixtures or other similar poles located in a public way, which poles are owned by the township or a wireless provider or any third parties and may refer to such facilities in the singular or plural as appropriate to the context in which used. The term "poles" excludes historically or architecturally significant poles owned by the township located on public ways or other similar street features. Wireless equipment may be installed on a pole as provided in this division.

Wireless equipment means equipment and components including antennas, transmitters, receivers, equipment shelters or cabinets, power supply, and ancillary equipment, poles, and miscellaneous hardware used to provide wireless service including DAS/small cells, but excluding emergency generators, wireless support structures, and telecommunication facilities as defined by the Metro Act.

Wireless facility or facilities means wireless equipment and wireless support structures.

Wireless provider means a person or entity that is licensed or authorized to provide wireless services.

Wireless service means a wireless communication service that is licensed or authorized by the Federal Communications Commission, which includes personal wireless services as defined in 47 U.S.C. 332 and further including broadband, licensed or unlicensed, terrestrial or satellite, commercial mobile, private mobile, broadcast, and public safety services, as well as fixed wireless service such as microwave backhaul or fixed broadband.

Wireless support structure means a structure in a public right-of-way, the sole or primary purpose of which is to support antennas and associated wireless equipment for the provision of wireless services and may include a pole or utility pole if, and only if, the sole or primary purpose of the pole is to support antennas and associated wireless equipment for the provision of wireless services.

(Ord. No. C-553-B, § 1, 12-17-18)

Based on the township's constitutional and proprietary rights and interests in its public rights-of-way and the reasonable control thereof under Article VII, Section 29 of the Michigan Constitution of 1963, the township charter, and other applicable laws, wireless facilities shall not be installed, used, operated, or maintained in a public right-of-way without a franchise license in a form and with such terms and conditions established by resolution of the township board. Such franchise license shall be applied for and obtained by each person or entity that will own, and each wireless provider that will be a user of the wireless facilities. Nothing herein shall be interpreted to require the township to issue a franchise license and the township reserves to itself discretion to grant, deny or modify a request for a license as it determines to be in the best interest of the township and its citizens taking into account such proprietary, safety and fiduciary interests as it deems warranted. It is the policy of the township to encourage the collocation of antennas and similar facilities first outside of public rights-of-way and, secondarily, within the public rights-of-way. The collocation of wireless facilities shall be a condition of approval of any franchise license granted for a new supporting structure in the public right-of-way according to terms and conditions set forth in a required right-of-way franchise agreement.

(Ord. No. C-553-B, § 1, 12-17-18)

Subject to its proprietary and reserved rights and discretion under section 20-149, the township provides notice that franchise licenses for the following wireless facilities in the public right-of-way may be applied for:

(1)

Collocation of wireless equipment on a new or existing wireless support structure or utility pole subject to the standards in section 20-151 and section 20-152. Unless a collocation qualifies as an eligible facilities request, an application for collocation on an existing support structure or pole shall be acted upon by the township within sixty (60) days of receiving a complete application. Applications for collocation on a new or previously unapproved support structure or pole shall be acted upon by the township within ninety (90) days of receiving a complete application. The township shall notify the applicant in writing within thirty (30) days of receiving an application if the application is determined to be incomplete and shall identify the incomplete items.

(2)

Eligible facilities requests subject to the standards and time requirements set forth in section 20-153.

(3)

A new or replacement wireless support structure or utility pole, including use of an existing support structure or pole previously unapproved for use as a wireless support structure or pole as provided in section 20-152 and section 20-154. Applications for placement/use of a new or previously unapproved support structure or pole shall be acted upon by the township within ninety (90) days of receiving a complete application. The township shall notify the applicant in writing within thirty (30) days of receiving an application if the application is determined to be incomplete and shall identify the incomplete items.

(Ord. No. C-553-B, § 1, 12-17-18)

Unless otherwise provided by this division, wireless equipment collocated on wireless support structures and utility poles shall be designed, installed, used, and maintained in compliance with, and be subject to, the following standards:

(1)

Shall only be used by entities with a franchise, license, or other proprietary authority granted by the township or by law to have access to and use of the public right-of-way in that location.

(2)

Shall be treated to match the supporting structure or pole by painting or other coating to be visually compatible with the support structure upon which it is to be attached.

(3)

Shall be compatible in scale and proportion to the structure or pole upon which it is to be attached using the smallest and least intrusive technology available.

(4)

Up to three (3) antennas may be collocated on a utility pole if technically and structurally feasible and designed in a manner that complies with all requirements of this section.

(5)

For wireless support structures, the number of antennas that may be added is limited to the number the structure was designed and constructed to accommodate.

(6)

No antenna or other wireless equipment shall extend more than four (4) feet above the existing height of the structure or pole upon which it is to be attached.

(7)

No antenna or other wireless equipment shall project more than one (1) foot from any side of the utility pole or wireless support structure upon which it is to be attached.

(8)

No antenna or other wireless equipment shall project closer than two (2) feet from an existing sidewalk/face of curb.

(9)

No antenna or other wireless equipment shall be closer than five (5) feet from any driveway.

(10)

The wireless equipment shall be located at a height above grade that complies with section 20-152, does not pose a hazard or obstruction to persons or vehicles, and provides sufficient separation distance from power lines and similar facilities.

(11)

In residential districts, collocations shall only be on wireless support structures or utility poles located in line with a side lot line to avoid placement in front of houses.

(12)

Structural modification of the utility pole or wireless support structure must not be necessary to safely accommodate the collocation in compliance with all building codes.

(13)

Must obtain and comply with all conditions of any required permits from other governmental entities that also have an ownership, control or jurisdictional interest in the public right-of-way.

(14)

Any franchise license for collocation of wireless equipment on a utility pole shall not deem or cause the utility pole to be considered or claimed to be a wireless support structure or existing wireless equipment (base station) for purposes of any future eligible facilities request.

(Ord. No. C-553-B, § 1, 12-17-18)

Township rights-of-way generally consist of four (4) separate classifications which will allow three (3) distinct corresponding categories for wireless installations. These guidelines may be modified by the township as needed on a case-by-case basis to accommodate an otherwise permissible collocation and/or reduce the need for placement of new wireless support structures and poles within the right-of-way. Existing available poles and support structures shall be utilized whenever feasible. Township owned poles/support structures and/or property may be utilized at the township's proprietary discretion subject to a franchise agreement and terms approved by the township. Requests for new and/or replacement poles/support structures within a public right-of-way shall be evaluated on a case-by-case basis according to the need, the availability of existing support structures, the availability of placement on land outside the public right-of-way and other relevant site and technical factors. As a condition to approval, new or previously unapproved support structures and/or poles approved by the township shall be made available for technically feasible collocations by other providers on commercially reasonable terms. In addition to other terms and conditions set forth in an applicable permit, franchise agreement or provision of this division, the following dimensional and placement guidelines shall be observed:

(1)

Category 3 wireless-principal arterial/minor arterial roads. Category 3 rights-of-way are typically the largest and most flexible. Most will have adequate space to accommodate larger wireless equipment without negatively impacting the safety and aesthetics of the environment. Wireless facilities in these areas may occupy up to twenty-seven (27) cubic feet of total area. This total includes the antenna and any supporting or ancillary equipment, including any ground mounted equipment. Category 3 installations may include a separate equipment cabinet that can be ground mounted adjacent to a supporting structure for the wireless facility. No other structure and/or equipment can be mounted lower than ten (10) feet above grade. All installation requests are subject to existing requirements, including franchise license and agreement requirements, and necessary permitting requirements. The total overall height of a category 3 wireless facility shall not exceed fifty (50) feet.

(2)

Category 2 wireless-major collector roads. Category 2 rights-of-way typically serve as transition roads between local streets and arterial roads. Category 2 installations may occupy up to twenty-seven (27) cubic feet of total area. Ground mounted installations are not allowed. Antennas and cabinets shall be pole/structure mounted at least ten (10) feet above grade. Wireless facilities shall be set back at least fifty (50) feet from an existing residential building. All installation requests are subject to existing requirements, including franchise license and agreement requirements, and necessary permitting requirements. The total overall height of a category 2 wireless facility shall not exceed fifty (50) feet.

(3)

Category 1 wireless-local roads. Category 1 rights-of-way typically consist of local/residential roads with limited capacity to support additional and/or new facilities. Category 1 installations shall be self-contained equipment that can be attached to existing structures/poles. Category 1 installations shall not exceed eight (8) cubic feet of total volume and shall not be within fifty (50) feet of an existing residential building. All installation requests are subject to existing requirements, including franchise license and agreement requirements, and necessary permitting requirements. The total overall height of a category 1 wireless facility shall not exceed thirty-five (35) feet.

(Ord. No. C-553-B, § 1, 12-17-18)

(a)

The sixty (60) day time period under federal law, 47 U.S.C. 1455(a) and 47 CFR 1.40001, for the township to review and approve or deny an eligible facilities request shall begin to run upon submission of a complete application which shall include an application for a right-of-way disruption permit and any other required permit for construction under applicable codes and ordinances. If the township determines the application to be incomplete, or a supplemented application remains incomplete, the sixty (60) day time period shall be tolled during the period of incompleteness as provided in subsection (e) below.

(b)

As defined, an eligible facilities request is not available for collocation on a pole unless the pole qualifies as a wireless support structure. Eligible facility requests are available for collocations on or modifications to existing approved support structures or base stations only.

(c)

An application for an eligible facilities request shall include all the documents, plans, specifications, and statements necessary to establish that:

(1)

The wireless support structure or wireless equipment (base station) is existing.

(2)

The wireless support structure or wireless equipment (base station) to be modified is in compliance with all applicable township, state, and other local zoning, siting, and regulatory reviews, permits, and approvals.

(3)

Modification is limited to collocation, removal or replacement of wireless equipment.

(4)

There will be no "substantial change" to the wireless support structure or wireless equipment (base station).

(d)

An application for eligible facilities request will be reviewed and the decision to approve or deny will be based on compliance with the requirements for approval of this division, other applicable ordinances, and all other required permits.

(e)

The time allowed for review and decision on an application for eligible facilities request will be tolled if the township provides written notice to the applicant within thirty (30) days of receipt of the request that the application is incomplete and identifies missing documents and information required for the application to be complete under subsection (c) above. The time period allowed for review will begin to run again upon the applicant submitting the documents and information needed for the application to be complete. If the supplemental submission remains incomplete, a new notice of incompleteness will be issued within seven (7) days of the supplemental submission, and the time period for review and decision will remain tolled until the documents and information required for a complete application is submitted.

(Ord. No. C-553-B, § 1, 12-17-18)

Wireless support structures and poles shall be designed, installed, used, and maintained in compliance with, and shall be subject to the following guidelines:

(a)

Shall only be used by entities with a franchise, license, or other proprietary authority granted by the township or by law to have access to and use the public right-of-way in that location.

(b)

Replacement structures/poles shall not be taller than the height of the structure or pole being replaced by more than ten (10) percent or ten (10) feet, whichever is greater.

(c)

Shall be subject to the township specifying a location in the same general public right-of-way area, but different than the exact location of the structure or pole being replaced, or newly established for any of the following reasons:

(1)

To comply with any setback, separation, or isolation distance requirement from existing or planned public utilities or other lawful structures in the public right-of-way.

(2)

To provide a separation distance of at least five (5) feet from a sidewalk and the back of a curb, or if there is no curb, from the edge of the public right-of-way improved and used for motor vehicle travel.

(3)

To provide a separation distance of at least five (5) feet from the edge of any driveway.

(4)

To comply with a traffic safety clear vision standard under any township ordinance or code.

(5)

To avoid a location that may cause a physical or visual obstruction or safety hazard to pedestrian or vehicular traffic.

(6)

To locate the replacement pole aligned with, or in a desired relationship to, other structures or poles in the public right-of-way.

(7)

To avoid location on privately owned land occupied by the public right-of-way.

(8)

To comply with any applicable restrictions and conditions for a designated public right-of-way under section 20-152.

(d)

Must obtain and comply with all conditions of any required permits from other governmental entities that also have an ownership, control, or jurisdictional interest in the public right-of-way.

(e)

Approval of the replacement of a utility pole with a wireless support structure or utility pole with wireless equipment collocated on it shall not be considered or claimed to be a wireless support structure or existing wireless equipment (base station) for purposes of any future eligible facilities requests.

(f)

A replacement utility pole with wireless equipment collocated on it shall not be altered, expanded, or changed in appearance without township approval unless any state or federal statute, rule or law allows such modifications without township approval.

(Ord. No. C-553-B, § 1, 12-17-18)

Applications for a franchise license for wireless facilities under this division shall be filed with the township clerk in a form and quantity determined by the clerk and shall include the documents and information described in this section. Eligible facilities requests shall also include the documents, plans, specifications, and statements described in section 20-153.

(a)

A legible and scaled location map accurately showing each site for which the license is requested by reference to the sides and locations on named streets, and containing a summary description of what is existing and proposed for each site.

(b)

For each site shown on the location map, identification of:

(1)

The owner of the wireless support structure or utility pole.

(2)

Owners of wireless equipment to be collocated at the site.

(3)

Wireless providers that will use wireless equipment at the site.

(c)

For each person or entity required to be identified in subsection (b), the following information:

(1)

Legal and any assumed names and resident agent name, if any.

(2)

Local, mailing and registered office addresses.

(3)

Name and title of authorized person that will sign license if approved.

(4)

Contact person name, address, phone number and email address.

(d)

For each site shown on the location map, scaled and accurate detailed plans and elevation drawings of existing conditions that show:

(1)

The wireless support structure or utility pole proposed for collocation or replacement and attachments to it.

(2)

The closest wireless support structures or utility poles on the same side of the public right-of-way to the structure or pole proposed for collocation or replacement.

(3)

Trees and existing structures on or above the ground within fifty (50) feet of the structure or pole proposed for collocation or replacement including, but not limited to the improved roadway, curbs, buildings, driveways, sidewalks, signs, utility cabinets, utility pole guy wires, shelters, and benches.

(4)

Existing below-ground structures within fifty (50) feet of the structure or pole proposed for collocation or replacement including, but not limited to water, sanitary sewer, storm sewer, electric, gas, cable, and communication lines, conduit, or other installations.

(e)

For each site shown on the location map, scaled and accurate detailed plans, specifications, and elevation drawings of proposed conditions that establish compliance with the applicable standards in section 20-151 through section 20-154 would be sufficient to obtain a right-of-way disruption permit and any other required construction permits which, if approved, shall be attached to and made a part of the approved franchise license.

(f)

Documentation that each wireless support structure or utility pole proposed for collocation can structurally accommodate the collocation, and for each proposed replacement structure or pole, documentation of its sufficiency to accommodate the proposed and any future wireless equipment.

(g)

For each site shown on the location map, documentation that the owner of the wireless support structure or utility pole has approved the information disclosed in the plans, specifications, and drawings described in subsection (f).

(h)

Any license application, review, or processing fee established by resolution of the township board.

(Ord. No. C-553-B, § 1, 12-17-18)

(a)

After a complete license application is submitted, it will be reviewed by township staff and/or consultants for compliance with the standards in this division and for eligibility for the township board to consider approval of a franchise license. A franchise license applicant will be notified by the township of any areas of non-compliance and allowed the opportunity to correct and supplement incomplete or non-compliant items.

(b)

Upon the township staff/consultant review determining compliance with the standards in this division, a wireless facilities right-of-way franchise agreement containing terms and conditions and in a form as approved by resolution of the township board will be prepared by the township and presented to the license applicant for authorized signature by the owner and each wireless provider of the wireless facilities that would be authorized by the franchise license. The presentation of a form franchise agreement by the township shall not be considered or claimed to represent any determination or representation that the township has approved or will approve the franchise license.

(c)

Upon a right-of-way franchise agreement being signed by the required persons or entities and returned to the township clerk, it will be presented to the township board at its first available regular meeting for review and its discretionary decision to approve, approve with required changes or conditions, or deny the requested franchise license.

(d)

Township board approved right-of-way franchise agreement for wireless facilities shall be executed by the supervisor and clerk on behalf of the township.

(Ord. No. C-553-B, § 1, 12-17-18)

The form, terms, conditions, and fees for use of the public right-of-way for a wireless facility shall be established and set forth in a uniform right-of-way franchise agreement adopted by resolution of the township board. The execution of a uniform right-of-way franchise agreement by the township and a wireless provider shall constitute and confer a license to use and occupy the public right-of-way as provided in the uniform right-of-way franchise agreement. A wireless provider shall comply with all terms and conditions set forth in an executed uniform right-of-way franchise agreement. Any material breach of a term or condition of a uniform right-of-way franchise agreement shall constitute: 1) a breach of contract; and 2) a violation of this division.

(Ord. No. C-553-B, § 1, 12-17-18)

A person that has applied for and obtained a license shall not commence construction upon, over, across, or under the public right-of-way without first applying for and obtaining a required right-of-way disruption permit, and any required construction permit(s) as may be required under applicable township codes and ordinances.

(Ord. No. C-553-B, § 1, 12-17-18)

Compliance with permit conditions is required, and a violation of permit conditions is a violation of this section.

(Ord. No. C-553-B, § 1, 12-17-18)

A bond may be required to be posted as a condition of a required permit in an amount and form determined by the township to ensure that the public right-of-way is returned to its original condition during and after the wireless provider's access and use. In addition to any fees or charges that are payable to the township under a franchise license for access to and use of the public right-of-way, fees for making application, review, permit issuance, and/or inspection shall be payable in amounts established by resolution of the township board. Fees include professional review fees and costs incurred by the township in processing an application. The township may require an escrow payment at the time of application to cover anticipated professional review fees. An application shall be deemed incomplete until the applicant has paid all required fees and posted all required bonds.

(Ord. No. C-553-B, § 1, 12-17-18)

A violation of any section in this division shall be a misdemeanor. Nothing in this section shall be construed to limit the remedies available to the township under a franchise license or otherwise by law or equity in the event of a violation of this division, or any issued permit.

(Ord. No. C-553-B, § 1, 12-17-18)