Chapter 23.40
FEES
Sections:
23.40.010 Preapplication conference and application fee.
23.40.040 Reserved compensation for rights-of-way.
23.40.050 Compensation for City property.
23.40.060 Construction permit fee.
23.40.070 Regulatory fees and compensation not a tax.
23.40.080 Fee review process and Hearings Examiner.
23.40.010 Preapplication conference and application fee.
Prior to the acceptance of an application by the City, applicants shall participate in a preapplication conference pursuant to UPMC Title 22, Administration of Development Regulations, for the purpose of establishing the application fee. The purpose of the application fee is to ensure the recovery of actual City costs and expenses associated with the review of the application, including but not limited to actual costs of City staff time and resources as well as any outside consultation expenses which the City reasonably determines are necessary to adequately review and analyze the application. The application fee shall be set by staff based on the complexity of the application and the estimate of the number of staff hours times the staff’s hourly rate including benefits and 15 percent for overhead and administration plus expenses for any outside consultant needed to process the application. In no case shall the fee be set higher than the most reasonable estimate for the costs of processing the permit application. Disputes in the amount required by City shall be resolved by the Hearings Examiner established pursuant to UPMC 23.40.080. All franchisee and licensee applicants shall deposit the application fee with the City. This application fee shall be applied towards actual expenses and costs of the City. If there is a dispute between the applicant and the staff regarding the fee, the applicant shall deposit $2,500 or the staff estimate, whichever amount is less, pending resolution of the fee dispute by the Hearings Examiner. Any unencumbered application fees shall be refunded to the applicant upon written request of the applicant, but in no event earlier than 60 days after granting or denial of the permit.
(Ord. 360 § 1, 2002).
23.40.020 Refund.
An applicant whose license or franchise application has been withdrawn, abandoned or denied shall, within 60 days of its application and review fee payment, be refunded the balance of its deposit under this section, less:
A. The application and review fee; and
B. All ascertainable costs and expenses incurred by the City in connection with the application.
(Ord. 360 § 1, 2002).
23.40.030 Other City costs.
All grantees shall, within 30 days after written demand therefor, reimburse the City for all direct and indirect costs and expenses incurred by the City in connection with any modification, amendment, renewal or transfer of the license or franchise.
(Ord. 360 § 1, 2002).
23.40.040 Reserved compensation for rights-of-way.
To the extent permitted by law, the City reserves its right to fix a fair and reasonable compensation to be paid for the authorization granted to a grantee. Nothing in this title shall prohibit the City and a grantee from agreeing upon the compensation.
(Ord. 360 § 1, 2002).
23.40.050 Compensation for City property.
If the right is granted, by lease, license, franchise or other manner, to use and occupy City property, other than rights-of-way, for the installation or use of telecommunications facilities, the compensation to be paid shall be fixed by the City.
(Ord. 360 § 1, 2002).
23.40.060 Construction permit fee.
Prior to issuance of a construction permit, the permittee shall pay a permit fee equal to $1,000 or 0.75 percent of the estimated cost of constructing underground telecommunications facilities, as certified by the applicant’s engineer and approved by the City Engineer, whichever is greater. The purpose of the construction permit fee shall be to recover the City’s actual attributable costs for construction inspections for underground installations. A permittee may request review of the fees required herein by initiation of the fee review process of UPMC 23.40.080.
(Ord. 360 § 1, 2002).
23.40.070 Regulatory fees and compensation not a tax.
The regulatory fees and costs provided for in this title, and any compensation charged and paid for the rights-of-way provided for herein, are separate from, and additional to, any and all Federal, State, local and City taxes as may be levied, imposed or due from a telecommunications carrier or service provider, its customers or subscribers, or on account of the lease, sale, delivery or transmission of telecommunications services.
(Ord. 360 § 1, 2002).
23.40.080 Fee review process and Hearings Examiner.
Any applicant or permittee may initiate a review of the fees established by City in UPMC 23.40.010 or 23.40.070. A permit will issue pending a final determination of any appeal of the fee. Within 10 days of notice of the fee, applicant or permittee may appeal to the City’s Hearings Examiner if the fees applied to applicant by staff are in error or do not comply with the circumstances or facts of the application or permit. The procedures and appeal fee shall be as established in UPMC Title 22, Administration of Development Regulations. The processing fee for a telecommunications fee appeal shall be $500.00.
(Ord. 360 § 1, 2002).