ARTICLE IV. FACILITIES

36-208. Purpose.

(a) Finding. The board of trustees of the township finds that public utility facilities such as wires, poles, pipes, tracks and the like are located in almost all cases over, upon, under or through the streets, highways, alleys or other public places of the township. No local regulation as to these utility facilities has heretofore been exercised by the township which has resulted in the location and placement of these utility facilities in such a fashion as to interfere with the construction of other utilities and appurtenances. Recent excavations within the township in connection with a sanitary sewer system through a large area of the township has disclosed numerous instances where utility facilities have been:

(1)    Located in places other than those which appear on plans submitted to other governmental agencies;

(2)    Installed differently than what has been shown on plans;

(3)    Installed without the existence of plans showing their location; and

(4)    Installed so that their location hampers and hinders the reasonable and economic use of the public right-of-way by other utility facilities.

(b) Public interest threatened. The state of utility facility installation, as found by the board of trustees, poses a real and actual threat to the public interest of the citizens of the township because subsequent installation of utility facilities is hampered, impaired and made more expensive where an orderly and systematic plan of utility facility location is not present. It is to protect and preserve this public interest that this article is promulgated.

(Code 1987, § 6-06.01)

36-209. Definitions.

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:

Proprietor means any person, firm, corporation, public or private, trust or agency, engaged in the public utility business.

Public utility and public utility business means the activity of providing useful services and goods to the public and includes, by way of illustration and not as limitation, the ownership, control or management of any equipment, plant or generation machinery, except for private use, for the purpose of supplying telephone and telegraph services, potable water and sanitary sewer services, natural gas service, electric power, steam, cable television, railroad services, transportation of the public, petroleum product transportation by fixed pipelines, stormwater transportation, and the like.

Public utility facility means any wire, pole, pipe, track, conduit, excavation, ditch, drain or other appurtenance used in the public utility business which is located or will be located upon, over, under or through any highway, street, alley or other place.

(Code 1987, § 6-06.02)

36-210. Permit.

(a) Requirement established. No proprietor shall install, build, construct or otherwise place or attempt to place any public utility facility without a permit issued under this article.

(b) Application. Applications for a permit shall be obtained from the township clerk and shall be fully completed by the applicant and returned to the township clerk.

(1)    Content. The application for a permit shall require the submission by the applicant of the following information:

a.    The name and address of the applicant.

b.    A brief narrative description of the proposed public utility facility.

c.    A complete set of plans and specifications for the proposed public utility facility, showing the location, size, nature and interrelationship with other public utility facilities.

d.    A reliable estimate of the time required for completion of the project.

e.    Identification of special problems and difficulties as to vehicular and pedestrian traffic disruption and proposed solutions therefor.

f.    An estimate of the cost of the project.

g.    Copies of approvals, licenses or permits obtained from any other governmental agency for the project, if required.

h.    Plans for restoration of the public right-of-way.

i.    Such other information as may be reasonable necessary for analysis of the project under the standards of this article.

(2)    Review by township engineer. Upon receipt of an application, the clerk shall forward the same to the township engineer for his review and report.

(c) Fees. The township board shall establish from time to time by resolution such fees for permits issued hereunder as shall be calculated to fund the costs of administering and enforcing this article and which shall be paid with the application.

(d) Decision by board. Thereafter and upon the receipt of the township engineer’s report, the township board shall consider the application and grant, reject or grant with conditions, the permit.

(1)    Basis. The decision of the township board shall be based upon the following standards:

a.    That all submissions required by this article have been made by the applicant, sufficient to reassurably analyze the project.

b.    That the proposed public utility facility does not unreasonably interfere with or impair another public utility facility, in existence or planned.

c.    That disruption to travel by the public upon the right-of-way is not unreasonably impaired.

d.    That restoration of the public right-of-way to its previous condition is ensured.

e.    That the public health, safety and welfare is not unreasonably endangered by the construction of the public utility facility.

(2)    Conditional approval. Conditional approval of an application under this section shall impose only those conditions intended to ensure compliance with the foregoing standards.

(e) Suspension and revocation. If the township supervisor has probable cause to believe that a proprietor has violated any condition of a permit granted hereunder, varied substantially from filed construction plans, violated any condition of this article, or is endangering the public health, safety or welfare, he may suspend the permit for a period of not more than 14 days.

(1)    Public hearing. The township board shall conduct a public hearing upon the suspension. At the hearing the proprietor may appear and cross examine witnesses, be represented by counsel, and shall be given notice of the specifications of the charges and notice of the hearing.

(2)    Valid complaint not remedied. If it is found that the suspension of permit was warranted, and that the act or omission complained of is not remedied, the permit shall be revoked.

(Code 1987, § 6-06.03)

36-211. Periodic inspection for compliance.

Any public utility facility granted a permit under this article shall be inspected from time to time by representatives of the township to ensure compliance with the construction plans filed by the proprietor, the requirements of this article and any conditions imposed upon the proprietor by the permit.

(Code 1987, § 6-06.04)