Amendment to Regulate Utilities Work in Public
Rights-Of-Way
City Council passes First Reading of
amendment to regulate utilities work in public rights-of-way
 The City Council passed the
First Reading of an amendment to the Novi Code of Ordinances,
Chapter 31, regulating utilities and work in the public
rights-of-way. These changes clarify and strengthen our
existing ordinance and establish a review standard similar to those
used for site plans.
The need for these amendments arose from advancements in
technology which have resulted in both several different service
providers offering new services and experience with administering
the existing right-of-way ordinance with the myriad of utilities and
interests in the public right-of-way. The recommended changes
are intended to regulate new installations in the right-of-way, as
well as protect public health, safety and welfare, address aesthetic
issues, and to preserve City property.
 All of these
requirements have been reviewed by the City engineers responsible
for administering private work in the public right-of-way based upon
experience and a commitment to protecting the public and City
assets, as well as continuing a commitment to working with all
utilities providing essential public services. In 2006, the
City of Novi processed 119 right-of-way applications. The
proposed amendments do not include an increase in application fees.
Review time by the City for issuing permits will not change from
current practices which average ten working days.
The ordinance does not specifically apply to any one user of the
right-of-way, but provides uniform standards for all users.
For example, under current ordinance requirements, an applicant
installing a water main is required to provide more information on
the plan than an applicant installing a gas main. The new
ordinance would apply the same standard to both installations.
Consistent regulations for all users will also result in more
efficient review and issuance of right-of-way permits.
The proposed ordinance will add a definition section for clarity
in meeting and administering the ordinance. There are new
requirements to specify what information is needed on a right-of-way
application. There are added standards for installations in
the right-of-way and standards for removal of installations.
Exemptions from permitting requirements are also being made
explicit. In the past, work has been performed in the City’s
rights-of-way without the City’s knowledge and in conflict with City
utilities. This posed a problem for maintenance of City
utilities and enforcing restoration efforts was difficult.
Both the METRO Act and newly enacted cable act clearly reserve to
municipalities the right to regulate the public rights-of-way.
Specifically, the METRO Act reserves a great deal of authority to
the City to make sure that installations in the right-of-way are
done in a proper manner which minimizes the burden on the
right-of-way and public. For example, Section 4.6 of the METRO
Act requires that work done in the right-of-way must be in
accordance with plans approved by the City. Additionally,
Section 4.8 requires applying for all local engineering permits.
Neither the intent nor anticipated impact of the proposed
amendments is to impede competition or service to the public.
To the contrary, the Novi City Council has long been on record as
inviting and encouraging competition of service providers.
Proposed amendment to add requirements to address franchise utility
construction in the City's rights-of way
If you have any questions, please contact
Sheryl Walsh, Community Relations Manager, at 248-735-5628 or
via email.
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