NOTICE IS HEREBY GIVEN that at its regular meeting on April 23, 2019, at the Township Hall located at 6483 Waldon Center Drive, Independence, MI  48346, the Charter Township of Independence Board of Trustees approved the Second Reading and Adoption of an Ordinance amending the Code of Ordinances, Chapter 42, to add a definition, specify penalties and the relationship of the regulations to telecommunication and wireless facilities under Chapter 44, and amend regulations applicable to disruption and use permits

This is a summary of the Ordinance:

STATE OF MICHIGAN

COUNTY OF OAKLAND

CHARTER TOWNSHIP OF INDEPENDENCE

ORDINANCE NO. 2019-42-001

Sec. 42-52(d) Purpose/legislative findings. Specifies that Chapter 42, Article III of the Code of Ordinances is not intended to apply to telecommunications facilities regulated under the Metropolitan Extension Telecommunications Rights-of-Way Act (Act No. 48 of the Public Acts of 2002) and by Section 44-430 of this Code.

Sec. 42-53 Definitions. Adds a definition for the term “Township.”

Sec. 42-54 Telecommunication and Wireless Facilities. Specifies that the regulations in Chapter 44, Article II, Telecommunications and Wireless Facilities in Public Right-of-Way, supplement and where a conflict exists control the regulations in this Article. Except where a conflict exists, the regulations in this Article, including disruption and use permit provisions, apply to applications for, reviews, decisions, terms, conditions, notices, and revocations of permits under Chapter 44, Article II.

Sec. 42-55 Violations. A violation of this Ordinance is a municipal civil infraction.

Sec. 42-80(b) Disruption Permit Required. This Section is amended to state that this Section does not apply to disruptions that comply with the terms of this Article and any applicable Telecommunications Permit or Use Permit issued under Chapter 44, Article II or Article III of this Code for which the Road Commission of Oakland County (RCOC) or Michigan Department of Transportation (MDOT) has issued a construction permit.

Sec. 42-81(e) and (f) Permit Application Procedures. Paragraph (e) is amended to eliminate references to the Township Clerk, add a reference to Chapter 44 of this Code, and eliminate subparagraphs (1) and (2). Paragraph (f) is amended to eliminate references to the Township Clerk.

Sec. 42-83(a) and (b) Permit Application Procedures. Paragraphs (a) and (b) are amended to eliminate references to the Township Clerk.

Sec. 42-88 Revocation of Permit. This Section is amended to eliminate a reference to the Township Board.

Sec. 42-111(d) and (e) Use Permit – Application Procedures. Paragraph (d) is amended to add a reference to Chapter 44 of this Code, eliminate a reference to the Township Board, and allow the Township to approve a permit application with conditions. This Section is further amended to specify whether the Township Supervisor or Township Board shall act on an application. Paragraph (e) is amended to eliminate references to the Township Board.

Sec. 42-112 Same – Fee. Specifies standards that apply if a written challenge or objection is made to an annual permit fee.

Sec. 42-113 Same – Term and Renewal. Specifies regulations that apply to permit renewals and eliminates provisions requiring interim permit reviews after three and six years.

Sec. 42-115 Permittee’s Use and Occupancy of Township Right-of Way. Eliminates reference to the Township Board.

Sec. 42-118 Revocation of Permit. Eliminates references to the Township Board.

The Ordinance shall be effective upon publication.

Ayes: Tedder, Kittle, Pallotta, Brown

Nays:  None

Abstentions: None

Absent: Aliaga, Loughrin, Ritchie

A true copy of the Ordinance can be inspected or obtained at the office of the Township Clerk, Independence Township Hall, 6483 Waldon Center Drive, Clarkston, Michigan 48346 between the hours of 8:00 a.m. – 5:00 p.m., Monday through Friday

CHARTER TOWNSHIP OF INDEPENDENCE

By: Barbara A. Pallotta, Clerk

Introduced: April 9, 2019

Published: April 17, 2109-Clarkston News

Adopted:  April 23, 2019

Published: May 1, 2019-Clarkston News

Effective:            May 1, 2019