(A) Registration fee. The registration fee shall be established to recover the cost of administration, review and recording of the permit.
(B) Excavation permit fee. The excavation permit fee shall be established by the city in an amount sufficient to recover the following costs:
(1) The city cost;
(2) The degradation of the right-of-way that will result from the excavation; and
(3) Restoration, if done or caused to be done by the city.
(C) Obstruction permit fee. The obstruction permit fee shall be established by the city and shall be in an amount sufficient to recover the city cost including, but not limited to, administration, plan review, recording of permit, map review, testing result review and inspection.
(D) Small wireless facility permit fee.
(1) The small wireless facility permit fee shall be established by the city and shall be in an amount sufficient to recover a reasonable approximation of the objectively reasonable and nondiscriminatory city cost, including, but not limited to, administration, equipment and facilities review, recording of permit, map review, and inspection.
(2) No small wireless facility permit shall be issued without full payment of the small wireless permit fees. The city may allow the applicant to pay such fees within 30 days of billing.
(3) Small wireless facility permit fees that were paid for a permit that has been revoked for a breach as stated in § 152.38 are not refundable.
(4) A "rental" fee will be charged for each small wireless facility attached to a wireless support structure owned by the city, in addition to the other fees and charges in this chapter, consisting of:
(a) $150 per year for rent to occupy space on a wireless support structure;
(b) $25 per year for maintenance associated with the space occupied on a wireless support structure; and
(c) A monthly fee for electricity used to operate a small wireless facility, if not purchased directly from a utility company, at the rate of:
1. $73 per radio node less than or equal to 100 max watts;
2. $182 per radio node over 100 max watts; or
3. The actual costs of electricity, if the actual costs exceed the amount in divisions (a) or (b).
(d) Notwithstanding the foregoing fees, the rental fee per year for each small wireless facility will not exceed a reasonable approximation of the objectively reasonable and nondiscriminatory city cost.
(E) Disruption fees. The city may establish and impose a disruption fee as a penalty for unreasonable delays in excavations, obstructions or restoration. Disruption fees will not be imposed if the delay in completion is due to circumstances beyond the control of the applicant, including without limitation inclement weather, acts of God or civil strife.
(F) Payment of permit fees. No right-of-way permit shall be issued without payment of all fees required prior to the issuance of such a permit unless the applicant shall agree (in a manner, amount and substance acceptable to the city) to pay such fees within 30 days of billing therefor. All permit fees shall be doubled during a probationary period. Permit fees that were paid for a permit revoked for a breach are not refundable. Any refunded permit fees shall be less all city cost, up to and including the date of refund.
(G) Use of permit fees. All right-of-way permit fees shall be used solely for city costs, including any management, construction, maintenance and restoration costs of the right-of-way.
(H) Fees and costs limitations. Fees and costs collected from a telecommunications right-of-way user or owner of a cable communications system awarded a franchise under M.S. Ch. 238 will be:
(1) Based on the actual costs incurred by the city;
(2) Based on an allocation among all users of the public right-of-way, including the city, which shall reflect the proportionate costs imposed on the city by each of the various types of uses of the public rights-of-way;
(3) Imposed on a competitively neutral basis; and
(4) Imposed in a manner so that aboveground uses of public rights-of-way do not bear costs incurred by the city to regulate underground uses of public rights-of-way.
(Ord. 2004-09, passed 11-23-2004; Ord. 2019-02, passed 1-8-2019)