[Ord. No. 2011-03, 3-1-2011]
The following words, terms, and phrases when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
A public or private service carried, transmitted, received,
or otherwise provided through the use of pipes, cables, wires, lines,
conduit, or other means. Such services include, but are not limited
to, cable or video services, electricity, gas, sewage, steam, telephone,
telecommunications, or water.
A cabinet, pedestal, manhole, meter pit, vault, or similar
structure used in conjunction with a utility.
[Ord. No. 2011-03, 3-1-2011]
The purpose of this article is to protect the health, safety
and welfare of the residents and traveling public by regulating the
location, installation, and design of utility structures, both above
and below ground. These regulations are necessary to assure utility
structures:
(1)
Are safely situated within rights-of-way or easements.
(2)
Are properly coordinated with existing utilities and essential services.
(3)
Are designed and installed in a location which promotes safe travel
on streets, sidewalks, and pathways.
(4)
Are designed, located, and maintained in a manner which enhances
the streetscape and which protects the property owner's rights to
attractive, well-maintained public spaces and rights-of-way, while
ensuring that the needs of utility companies are met.
[Ord. No. 2011-03, 3-1-2011]
The regulations and standards for utility structures shall apply
to all land located totally or partially within the boundaries of
the Charter Township of Meridian.
[Ord. No. 2011-03, 3-1-2011]
(a)
Permit requirement. Except as expressly exempted by this article and notwithstanding anything to the contrary in Chapter 86 of the code of ordinances, no person shall install, relocate, enlarge, or replace a utility structure without first obtaining a permit from the Department of Public Works and Engineering.
(b)
Exemptions. The following utility structures and equipment shall
be exempt from this article, subject to meeting all other requirements
of the code of ordinances and all other applicable regulations and
laws:
(c)
Emergency repairs. Emergency repairs may take place without first
obtaining a permit, provided a permit consistent with the requirements
of this article is obtained through the Department of Public Works
and Engineering within 10 days of the emergency repair. Any emergency
repair done pursuant to this section is not deemed approved by the
Township until and unless the Township issues a permit.
(d)
Utility permit and application fee. A separate application shall
be required for each utility permit. The application and fee authorized
by the Township Board shall be submitted to the Department of Public
Works and Engineering.
[Ord. No. 2011-03, 3-1-2011]
Upon receipt of an application, the Director of Public Works
and Engineering shall determine whether the application is complete
and whether it complies with this article, all other requirements
of the code of ordinances, and all other applicable regulations and
laws, including the Department of Public Works and Engineering design
and construction standards.
[Ord. No. 2011-03, 3-1-2011]
After reviewing the application, the Director of Public Works
and Engineering shall approve, approve with conditions, or deny the
utility permit. If denied, the Director of Public Works and Engineering
shall notify the applicant in writing of the decision and the reasons
therefor.
[Ord. No. 2011-03, 3-1-2011]
Any person aggrieved by an order, requirement, decision or determination
of the Director of Public Works and Engineering as it relates to this
article, may appeal to the Township Board in accordance with the following
procedure:
(1)
A written statement containing the specific reason for the appeal
must be filed with the Township Clerk within 10 days of the date of
the decision sought to be appealed.
(2)
The Township Board shall hold a hearing on the appeal, which shall
be open to public comment and shall include an opportunity for the
appealing party to present their appeal.
(3)
Notice of the time and place for consideration of an appeal shall
be sent by mail or personal delivery not less than five days prior
to the date of the hearing to the parties making the appeal. All notices
shall be sent to addresses listed on the most recent assessment roll.
(4)
The Township Board shall issue its decision on the appeal within
a reasonable time. In its determination of the appeal, the Township
Board may take, but is not limited to, any of the following actions:
(a)
Affirm the decision of the Director of Public Works and Engineering
with or without modification and with or without such conditions as
the board deems necessary or appropriate to further the intent and
purposes of this article.
(b)
Reverse the decision of the Director of Public Works and Engineering
and state its reasons for reversal.
(c)
Make any other decision, determination, order, or requirement
that the Director of Public Works and Engineering could have made
with respect to the subject matter of the appeal.
(5)
The Township Clerk shall notify the parties making the request in
writing of the Township Board's decision.
[Ord. No. 2011-03, 3-1-2011]
(a)
Any person who violates any provision of this article is responsible
for a municipal civil infraction, subject to payment of a civil fine,
as established by the Township Board, plus costs and other sanctions,
for each infraction.
(b)
Each act of violation and every day upon which such violation shall
occur shall constitute a separate offense or infraction. Abatements
shall not be considered as payment or part of a violation's penalty.
(c)
In addition to all other remedies, including penalties provided in subsection (a) of this section, the Township may commence and prosecute appropriate actions in the county circuit court or any other court having jurisdiction to restrain or prevent any noncompliance with or violation of any of the provisions of this chapter or to correct, remedy, or abate such noncompliance or violation.
