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Fees for the various permits as specified in this section shall be paid by the Company prior to the occupation and use of the right-of-way by the Company for the provision of utility enterprise services.
1. Right-of-Way Permit Fee: A right-of-way permit fee as stipulated in Chapter 151 - Excavations shall be charged to the Company for each permit application.
2. Plan Review Fee: A plan review fee shall be charged to the Company when submitting plans and specifications for a new or expanded utility installation of at least 300 feet in length or for a utility equipment installation within the right-of-way that, in the opinion of the public works director, is of sufficient scope and complexity to require an in-depth review by city staff. The plan review fee is intended to recover the salary, benefits, and overhead costs to the city of the city employees reviewing such plans and specifications.
3. Occupancy Permit Fee: The Company shall pay an occupancy permit fee based on the amount of equipment that is proposed to be installed within the City of Ankeny street right-of-way, measured in equivalent lineal feet as stipulated as follows. The occupancy permit fee shall be determined by multiplying that user's number of equivalent lineal feet of equipment in city right-of-way by the fee amount set forth as follows.
A. The occupancy permit fee shall reflect the diminution in the functional utility of the right-of-way for use by the city and shall be based upon such factors as the value of private property abutting the right-of-way to be used and the Company's avoided cost in using the city right-of-way as opposed to establishing a private easement.
4. Schedule of Permit Fees: The following permit fees shall be paid by the Company for each separate utility installation, in conformance with the requirements of Iowa Code Chapter 480A. These fee amounts shall be in effect until such time that the fee amounts are amended by the city council by resolution:
A. Right-of-Way Permit Fee = (per Chapter 151)
B. Plan Review Fee = $300.00
C. Occupancy Permit Fee:
∙ $200.00 for linear utility installations within the right-of-way of a length of 1,500 feet or less.
∙ $0.15 per lineal foot for linear utility installations within the right-of-way of a length greater than 1,500 feet.
∙ The occupancy permit fees for linear underground installations that occupy a width greater than 2 feet and vault/manhole structures greater than 6 feet in width shall be prorated by the public works director, based on the width dimensions and the said fee for a 2-foot occupation width.
5. Small Wireless Facility Permit Fees: The Federal Communications Commission (FCC) issued a Declaratory Ruling and Third Report and Order dated September 18, 2018 which clarified the scope and meaning of the Communications Act Sections 253 and 332(c)(7). This document established the compensation to states and cities for permitting a Small Wireless Facility (SWF) to be installed within the said jurisdiction's rights-of-way or property. The total amount of fees for processing or issuing a single permit, including any fees charged by third parties, shall be as the following:
A. $500 for a single up-front application that incudes up to five SWFs.
B. $50 for each SWF beyond five in a single application.
6. Permit Fee Adjustments: The total amount of fees shall be adjusted every five years to reflect any increases or decreases in the consumer price index, and as dictated by Federal requirements as stipulated in the Communications Act Sections 253 and 332(c)(7).
7. The city reserves the right to adjust the schedule of permit fees by resolution at any time based on the management expenses expended by the city and the value of the property occupied by the Companies.
(Ord. 1984 - Nov. 19 Supp.)
The Utility Permits issued under this chapter shall be issued by the public works director for a maximum term of five years, with automatic renewal after the five-year term unless the city issues a notice of revocation per section 122.18 of this chapter.
(Ord. 1984 - Nov. 19 Supp.)
If, during the term of any permit, the public works director determines that the permit should be revoked due to the Company's failure to comply with the requirements stated in this chapter including, but not limited to, a failure to comply with the city on previous projects, failure to timely pay the required fees, or if continued use of the equipment would be a risk to public health, safety and welfare, the public works director shall provide a 90-day notice of intent to revoke such permit.
1. Upon the effective date of revocation as provided in the public works director's notice, the Company shall be required to cease its use and occupancy of the right-of-way and to remove or relocate its equipment within the following 120 days.
(Ord. 1984 - Nov. 19 Supp.)
This ordinance and the rights and privileges herein granted shall become effective and binding upon its approval and passage in accordance with Iowa law. Following City Council approval, this ordinance shall be published in accordance with the Code of Iowa. The effective date of this ordinance shall be the date of publication. If any section, provision, or part of this ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision, or part thereof not adjudged invalid or unconstitutional.
(Ord. 1970 - May 19 Supp.)
(Ch. 122 - Ord. 1855 – Jul. 15 Supp.)