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 44, to change the name of the Chapter from “Telecommunications” to “Telecommunications and Wireless Facilities in Public Right-of-Way,” and establish requirements, standards, regulations, and fees for access to and use of the public right-of-way for wireless facilities and other infrastructure, specify the permits or approvals required for such facilities, and provide for penalties for violations of the Ordinance.

This is a summary of the Ordinance:

STATE OF MICHIGAN

COUNTY OF OAKLAND

CHARTER TOWNSHIP OF INDEPENDENCE

ORDINANCE NO. 2019-44-001

Article I.   In General

Sec. 44-1 Scope and application of regulations. Chapter 44, Article II of the Code of Ordinances applies to wireless facilities and related structures and utility poles that are not telecommunication facilities.

Sec. 44-2 Right of Way regulations. The Right-of-Way Regulations in Chapter 42, Article III apply to this Chapter.

Sec. 44-3 Disruption permits. The Township may rely on documents submitted to and issued by the Road Commission of Oakland County (RCOC) and Michigan Department of Transportation (MDOT).

Sec. 44-4 Violations. A violation of this Ordinance is a municipal civil infraction.

Article II.  Wireless facilities in right-of-way

Sec. 44-21 Purpose. This Ordinance is adopted for the purpose of complying with new State and Federal regulations by providing for and regulating access to and use of public rights-of-way for wireless facilities that are not telecommunications facilities regulated under the Metropolitan Extension Telecommunications Rights-of-Way Act (Act No. 48 of the Public Acts of 2002).

Sec. 44-22 Definitions. Defines the following terms: applicant, collocation, eligible facilities request, micro wireless facility, public right-of-way, small wireless facility, supervisor, utility pole, wireless facility or facilities, wireless provider, wireless service, wireless service provider, and wireless support structure.

Sec. 44-23 Required permits and approvals to be applied for and complied with. Identifies permits and approvals required under this Ordinance.

Sec. 44-24 Types of wireless facilities and applicable standards. Specifies the type of wireless facilities regulated under the Ordinance.

Sec. 44-25 Applications for use and disruption Permits.  Specifies the procedure and materials required for a permit application.

Sec. 44-26 Public, utility, traffic and pedestrian safety protection standards. Specifies standards intended to prevent material interference with the safe operation of traffic equipment, sight lines and clear vision areas, Americans with Disabilities Act compliance regarding pedestrian access or movement, and the maintenance and unobstructed use of public utility and drainage infrastructure.

Sec. 44-27 Aesthetic, spacing and undergrounding standards. Identifies aesthetic, spacing, and undergrounding standards that shall apply to wireless facilities, wireless support structures, utility poles, and related equipment in the public right-of-way.

Sec. 44-28 Collocation of small wireless facilities on existing structures and poles. Specifies standards that apply to the collocation of small wireless facilities on existing wireless support structures or utility poles.

Sec. 44-29 Collocation of small wireless facilities on replacement/new structures and poles. Specifies standards that apply to the collocation of small wireless facilities on new or replacement wireless support structures or utility poles.

Sec. 44-30 Eligible Facilities Requests. Specifies standards that apply to eligible facilities requests.

Sec. 44-31 Collocation of wireless facilities other than small wireless facilities and eligible facilities requests. Specifies standards that apply to collocation of wireless facilities not described in Sections 44-28 through 44-30.

Sec. 44-32 Replacement and new wireless support structures and utility poles not involving small wireless facilities and eligible facility requests. Specifies standards that apply to new and replacement wireless support structures and utility poles not involving collocation of wireless facilities under Sections 44-28 through 44-30.

Sec. 44-33 Review and decisions on use permit applications. Specifies standards by which the Township Supervisor may approve or deny a permit application.

Sec. 44-34 Permit terms and conditions. Identifies the terms and conditions of a permit issued under this Ordinance.

Sec. 44-35 Bond. States that the Township may require a bond prior to issuance of a permit under this Ordinance in an amount not to exceed $1,000 per wireless facility.

Sec. 44-36 Fees. Application, review, inspection and annual fees shall be payable to the Township in amounts established by Township Board Resolution.

Sec. 44-37 Shot clock appendix. the Shot Clock Appendix attached to the Ordinance is part of Article II.

Sec. 44-38 Construction permits. The applicant shall provide the Township with copies of all RCOC and MDOT permits issued for work in the right-of-way within three days of issuance and shall not commence work until all Township permits have been issued.

Sec. 44-39 Township administration and enforcement. The Township shall provide the RCOC and MDOT with copies of this Ordinance, provide written notice of noncompliance to the RCOC and MDOT as applicable, and may request that the RCOC and MDOT enforce the terms and conditions of permits.

The Ordinance shall be effective upon publication.

Ayes: Kittle, Pallotta, Brown, Tedder

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