(a) (1) Each person with equipment in the right-of-way permit shall pay an annual right-of-way management fee to compensate the township for its costs incurred in connection with the ongoing use and occupancy of the right-of-way. Such annual right-of-way management fee shall be determined by the township and authorized by resolution of the Township Board of Commissioners.
(2) A. This fee is directly related to the township’s costs in reviewing the application and managing the rights-of-way with respect to each permit holder.
B. Such costs in managing the rights-of-way include, but are not limited to:
1. Costs of maintaining the rights-of-way;
2. Costs of degradation of streets and right-of-way property;
3. Administrative costs related to the rights-of-way; and
4. Traffic control costs pertaining to work in the rights-of-way.
(b) Each applicant for a construction permit shall include with its application an application fee in the amount of $500. This fee is directly related to the township’s costs in reviewing the application and determining time, place and manner restrictions on the construction activity. If the application for a construction permit is denied, this fee shall not be refunded. If the application is granted, then the applicant shall also pay, within 30 days of the presentation of a statement, the township’s actual costs directly related to the applicant’s construction activity based on the hourly rate established by resolution of the Township Board of Commissioners. Such actual costs include, but are not limited to, costs of disruption and rerouting of traffic, inspection costs and administrative costs.
(c) Extraordinary expenses: in addition to the fees set forth above, a person shall pay, within 30 days of the presentation of a statement, any extraordinary or unusual expenses reasonably incurred by the township as a result of the person’s use of the rights-of-way, provided that the township notifies the person of the expected expenses prior to them being incurred and provides such person with an opportunity to mitigate such expenses. Examples of extraordinary or unusual costs include, but are not limited to, the cost of obtaining and operating a backhoe, dump truck or other heavy equipment used to repair the right-of-way, overtime or special pay for public safety and/or public works personnel and/or the cost of hazardous waste cleanup or other emergency services. The statement of such expenses presented to the person shall be directly related to the township’s actual costs.
(d) Fee considerations:
(1) Persons sharing the same conduit shall each pay a full fee;
(2) Persons sending signals over another permit holder’s existing line or a line that is leased to another and upon which fees are already paid are not subject to additional fees; and
(3) Persons using the same line to provide cable television service and to provide telecommunications services shall be subject to a cable television franchise fee, but not a right-of-way management fee. Such persons shall be subject to all other fees set by this chapter.
(e) In the event that payment of any of the fees identified above is not made upon submission of the application or by the date due, the person shall pay a late payment penalty of 2% per month of the total amount past due. Such penalty shall be in lieu of any other monetary penalty.
(Ord. 985, passed 11-20-2018)