[Adopted 11-13-2002 by Ord. No. 18-2002; amended in its entirety 1-8-2014 by Ord. No. 3-2014]
The purposes of this article are 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 to exercise reasonable control of the public rights-of-way in compliance with the Metropolitan Extension Telecommunications Rights-of-Way Oversight Act [Act No. 48 of the Public Acts of 2002 (MCLA § 484.3101 et seq.)]; Public Act 143 of 2012 (MCLA § 125.3514); and Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. § 1455), 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.
Nothing in this article shall be construed in such a manner as to conflict with the Act; Public Act 143 of 2012 (MCLA § 125.3514); Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. § 1455); or other applicable law.
A. 
The terms used in this article shall have the following meanings:
ACT
The Metropolitan Extension Telecommunications Rights-of-Way Oversight Act [Act No. 48 of the Public Acts of 2002 (MCLA § 484.3101 et seq.)], as amended from time to time.
PERMIT
A nonexclusive permit issued pursuant to the Act and this article to a telecommunications provider to use the public rights-of-way in the Township for its telecommunications facilities.
TOWNSHIP
Cascade Charter Township.
TOWNSHIP BOARD
The Township Board of Cascade Charter Township or its designee. This section does not authorize delegation of any decision or function that is required by law to be made by the Township Board.
TOWNSHIP MANAGER
The Township Manager or his or her designee.
B. 
All other terms used in this article shall have the same meaning as defined or as provided in the Act, and MCLA § 125.3514, including without limitation the following:
AUTHORITY
The Metropolitan Extension Telecommunications Rights-of-Way Oversight Authority created pursuant to the Act.
CO-LOCATE
To place or install wireless communications equipment on an existing wireless communications support structure or in an existing equipment compound. "Co-location" has a corresponding meaning.
EQUIPMENT COMPOUND
An area surrounding or adjacent to the base of a wireless communications support structure and within which wireless communications equipment is located.
MPSC
The Michigan Public Service Commission in the Department of Consumer and Industry Services and shall have the same meaning as the term "Commission" in the Act (MCLA § 484.3102).
PERSON
An individual, corporation, partnership, association, governmental entity, or any other legal entity.
PUBLIC RIGHT-OF-WAY
The area on, below, or above a public roadway, highway, street, alley, easement, or waterway. Public right-of-way does not include a federal, state, or private right-of-way.
TELECOMMUNICATION FACILITIES or FACILITIES
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 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 communications device.
TELECOMMUNICATIONS PROVIDER, PROVIDER and TELECOMMUNICATIONS SERVICES
Those terms as defined in Section 102 of the Michigan Telecommunications Act, 1991 PA 179, MCLA § 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 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 all of the following:
(1) 
A cable television operator that provides a telecommunications service.
(2) 
Except as otherwise provided by the Act, a person who owns telecommunication facilities located within a public right-of-way.
(3) 
A person providing broadband internet transport access service.
WIRELESS COMMUNICATIONS EQUIPMENT
The set of equipment and network components used in the provision of wireless communications services, including, but not limited to, antennas, transmitters, receivers, base stations, equipment shelters, cabinets, emergency generators, power supply cables, and coaxial and fiber optic cables, but excluding wireless communications support structures.
WIRELESS COMMUNICATIONS SUPPORT STRUCTURE
A structure that is designed to support, or is capable of supporting, wireless communications equipment, including a monopole, self-supporting lattice tower, guyed tower, water tower, utility pole, or building.
A. 
Permit required. Except as otherwise provided in the Act, or in MCLA § 125.3514, a telecommunications provider using or seeking to use public rights-of-way in the Township for its telecommunications facilities shall apply for and obtain a permit pursuant to this article.
B. 
Application. Telecommunications providers shall apply for a permit on an application form approved by the MPSC in accordance with the Act and MCLA § 125.3514. A telecommunications provider shall file one copy of the application with the Township Clerk, one copy with the Township Manager, and one copy with the Township Attorney. 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 the Act.
C. 
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 Michigan's Freedom of Information Act, Act No. 442 of the Public Acts of 1976 [See MCLA § 15.231 et seq. as amended, pursuant to Section 6(5) of the Act,; MCLA § 484.3106(5).], the telecommunications provider shall prominently so indicate on the face of each map.
D. 
Application fee. Except as otherwise provided by the Act, an application shall be accompanied by a one-time nonrefundable application fee in the amount of $500.
E. 
Administratively complete application. After an application for a permit is filed with the Township, the Township shall determine whether the application is administratively complete. Unless the Township proceeds as provided under Subsection F below, the application shall be considered to be administratively complete when the Township makes that determination or 14 business days after the Township receives the application, whichever is first.
F. 
Additional information. As set forth above, the Township may request an applicant to submit such additional information which the Township Manager 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 Manager. 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. [See MCLA § 484.3106, Sec. 6, (2).] If, before the expiration of the fourteen-day period under Subsection E, the Township notifies the applicant that the application is not administratively complete, specifying the information necessary to make the application administratively complete, or notifies the applicant that the fee required to accompany the application has not been paid, specifying the amount due, the running of the fourteen-day period under Subsection E is tolled until the applicant submits to the Township the specified information or fee amount due. The notice shall be given in writing or by electronic notification.
G. 
Response deadline. The Township shall approve or deny the application not more than 60 days after the application is considered to be administratively complete and not more than 90 days after the application is considered to be administratively complete if special land use approval is required. If the Township fails to timely approve or deny the application, the application shall be considered approved and the Township shall be considered to have made any determination required for approval.
H. 
Previously issued permits. Pursuant to MCLA § 484.3105, Sec. 5, (1), authorizations or permits previously issued by the Township under Section 251 of the Michigan Telecommunications Act, {Act No. 179 of the Public Acts of 1991, as amended, [MCLA § 484.2251 (repealed by P.A. 2002, No. 48, effective 11-1-2002)]}, 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. With the exception of fee provisions, which are now covered by 2002 P.A. 48, all provisions of Part 16, Ordinance No. 3-1998 of the Compilation of Ordinances of Cascade Charter Township (old Part 16), shall remain in full force and effect with regard to telecommunications providers that obtained permits or consent agreements prior to November 1, 2002.
I. 
Existing providers. Pursuant to Section 5(3) of the Act, within 180 days from November 1, 2002, the effective date of the Act, a telecommunications provider with facilities located in a public right-of-way in the Township as of such date, that has not previously obtained authorization or a permit under Section 251 of the Michigan Telecommunications Act, Act No. 179 of the Public Acts of 1991, as amended, and MCLA § 125.3514, shall submit to the Township an application for a permit in accordance with the requirements of this article. Pursuant to MCLA § 484.3105, Sec. 5, (3), a telecommunications provider submitting an application under this subsection is not required to pay the application fee of $500 required under Subsection D above. A provider under this subsection shall be given up to an additional 180 days to submit the permit application if allowed by the Authority for good cause, as provided in Section 5(4) of the Act. (MCLA § 484.3105, Sec. 5, (4)).
J. 
Special land use approval of wireless communications equipment described above is expressly conditional only on the wireless communications equipment's meeting the requirements of other local ordinances and of federal and state laws before the wireless communications equipment begins operation.
K. 
Permit not required. As set forth in MCLA § 125.3514, wireless communications equipment that meets all of the following conditions is a permitted use of the property and is not subject to special land use permit requirements or other approval by the Township:
(1) 
The wireless communications equipment will be co-located on an existing wireless communications support structure or in an existing equipment compound;
(2) 
The existing wireless communications support structure or existing equipment compound is in compliance with the local unit of government's zoning ordinance or was approved by the appropriate zoning body or official for the local unit of government;
(3) 
The proposed co-location will not do any of the following:
(a) 
Increase the overall height of the wireless communications-support structure by more than 20 feet or 10% of its original height, whichever is greater; or
(b) 
Increase the width of the wireless communications support structure by more than the minimum necessary to permit co-location; or
(c) 
Increase the area of the existing equipment compound to greater than 2,500 square feet;
(4) 
The proposed co-location complies with the terms and conditions of any previous final approval of the wireless communications support structure or equipment compound by the appropriate zoning body or official of the local unit of government.
L. 
If the wireless communications equipment meets all of the conditions as set forth above in Subsection K, such that the use is a permitted use of the property not subject to special land use permit requirements or other approval by the Township, the applicant must still file with the Township a copy of the proposed site plan(s) and/or route map(s) for the wireless communications equipment no less than 30 days prior to the installation of such equipment and must provide the Township with a copy of the site plan and/or route map(s) within 90 days after installing the equipment if the equipment, as installed, does not comport with the previously disclosed site plan on file with the Township. (See also § 342-8 below.) This subsection shall not be interpreted to contradict the Act or MCLA § 125.3514, however is a means of insuring that the Township has a copy of all wireless equipment site plans for wireless equipment installed within the Township.
M. 
Non-co-located equipment and wireless support structures. For special land use approval for wireless communications equipment that is not co-located on an existing structure or compound, or for a request to install a wireless support structure, the same fourteen-day administrative window applies as outlined in Subsections E and F above; however, the period for approval or denial is 90 days, not 60 days.
A. 
Approval or denial. The authority to approve or deny an application for a permit is delegated to the Township Manager. Pursuant to MCLA § 484.3115(3) and MCLA § 125.3514, and as set forth above, the Township Manager shall approve or deny an application for a permit within 60 days (or 90 days under § 342-5, Subsection M) from the date the telecommunications provider's application for a permit for access to and usage of a public right-of-way within the Township is deemed administratively complete. The Township Manager shall notify the MPSC when the Township Manager has granted or denied a permit, including information regarding the date on which the application was filed and the date on which the permit was granted or denied. The Township Manager shall not unreasonably deny an application for a permit.
B. 
Form of permit. If an application for a permit is approved, the Township Manager shall issue the permit in the form approved by the MPSC, with or without additional or different permit terms, in accordance with MCLA §§ 484.3106, Sec. 6, (1) and (2) and 484.3115.
C. 
Conditions. Pursuant to MCLA § 484.3115(4), and MCLA § 125.3514, the Township Manager may impose conditions on the issuance of a permit, which conditions shall be limited to the telecommunications provider's access and use of the public right-of-way.
D. 
Bond requirement. Pursuant to MCLA § 484.3115(3), and without limitation on Subsection C above, the Township Manager may require that a bond be posted by the telecommunications provider as a condition of the permit. If a bond is required, it shall not exceed the reasonable cost to ensure that the public right-of-way is returned to its original condition during and after the telecommunications provider's access and use.
A telecommunications provider shall not commence construction upon, over, across, or under the public rights-of-way in the Township without first obtaining a construction or engineering permit as required under this Code, as amended, for construction within the public rights-of-way. No fee shall be charged for such a construction or engineering permit.
In accordance with the Act, obtaining a permit or paying the fees required under the Act or under this article does not give a telecommunications provider a right to use conduit or utility poles.
Pursuant to MCLA § 484.3106(7), a telecommunications provider shall, within 90 days after the substantial completion of construction of new telecommunications facilities in the Township, submit route maps showing the location of the telecommunications facilities to both the MPSC and to the Township. The route maps should be in electronic format unless and until the MPSC determines otherwise, in accordance with MCLA § 484.3106(8).
A telecommunications provider undertaking an excavation or construction or installing telecommunications facilities within a public right-of-way or temporarily obstructing a public 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 public right-of-way and shall promptly restore the public right-of-way to its preexisting condition.
In addition to the nonrefundable application fee paid to the Township set forth in § 342-4D above, a telecommunications provider with telecommunications facilities in the Township's public rights-of-way shall pay an annual maintenance fee to the Authority pursuant to MCLA § 484.3108.
In compliance with the requirements of MCLA § 484.3113(1), the Township hereby modifies, to the extent necessary, fees charged to telecommunications providers after November 1, 2002, the effective date of the Act, relating to access and use of the public 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 MCLA § 484.3113(4), the Township also hereby approves modification of the fees of providers with telecommunication facilities in public rights-of-way within the Township's boundaries, so that those providers pay only those fees required under MCLA § 484.3108. The Township shall provide each telecommunications provider affected by the fee a copy of this article, in compliance with the requirement of Section 13(4) 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. In all other respects, the provisions of Part 16, Ordinance No. 3-1998 of the Compilation of Ordinances of Cascade Charter Township (old Part 16), shall remain in full force and effect with regard to telecommunications providers that obtained permits or consent agreements prior to November 1, 2002.
Pursuant to Section 13(5) of the Act, if MCLA §§ 484.3113(5) and 484.3108, is found to be invalid or unconstitutional, the modification of fees under § 342-11 above shall be void from the date the modification was made.
Pursuant to MCLA § 484.3110(4), all amounts received by the Township from the Authority shall be used by the Township solely for rights-of-way related purposes.
Pursuant to MCLA § 484.3110(5), the Township Manager shall file an annual report with the Authority on the use and disposition of funds annually distributed by the Authority.
Pursuant to MCLA § 484.3113(6), 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.
Pursuant to MCLA § 484.3104(2), 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 public rights-of-way.
The Township declares that its policy and intent in adopting this article is to fully comply with the requirements of the Act; MCLA § 125.3514; and Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. § 1455), and the provisions of this article 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; MCLA § 125.3514; and Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. § 1455), including but not limited to the following:
A. 
Exempting certain route maps from disclosure consistent with the Act and state law as provided in § 342-4C of this article;
B. 
Allowing certain previously issued permits to satisfy the permit requirements hereof, in accordance with § 342-4F of this article;
C. 
Approving or denying an application for a permit within 60 days (or 90 days under § 342-4, Subsection M) from the date the telecommunications provider's application for a permit for access to and usage of a public right-of-way within the Township is deemed administratively complete, in accordance with § 342-5A of this article;
D. 
Notifying the MPSC when the Township has granted or denied a permit, in accordance with § 342-5A of this article;
E. 
Not unreasonably denying an application for a permit, in accordance with § 342-5A of this article;
F. 
Issuing a permit in the form approved by the MPSC, with or without additional or different permit terms, as provided in § 342-5B of this article;
G. 
Limiting the conditions imposed on the issuance of a permit to the telecommunications provider's access and use of the public right-of-way, in accordance with § 342-5C of this article;
H. 
Not requiring a bond of a telecommunications provider which exceeds the reasonable cost to ensure that the public right-of-way is returned to its original condition during and after the telecommunication provider's access and use, in accordance with § 342-5D of this article;
I. 
Not charging any telecommunications providers any additional fees for construction or engineering permits, in accordance with § 342-6 of this article;
J. 
Providing each telecommunications provider affected by the Township's right-of-way fees with a copy of this article, in accordance with § 342-11 of this article;
K. 
Submitting an annual report to the Authority, in accordance with § 342-14 of this article; and
L. 
Not holding a cable television operator in default for a failure to pay certain franchise fees, in accordance with § 342-15 of this article.
Pursuant to MCLA § 484.3115(2), this article 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.
The Township Manager or his or her designee is hereby designated as the authorized Township official to issue municipal civil infraction citations (directing alleged violators to appear in court) for violations under this article as provided by the Township Code.
Any person who violates any provision of this article shall be responsible for a municipal civil infraction, subject to the penalties in Chapter 40, Article IV, Penalties for Misdemeanors and Municipal Civil Infractions. Nothing in this section shall be construed to limit the remedies available to the Township in the event of a violation by a person of this article or a permit.