§ 52.143 RIGHT-OF-WAY PERMIT FEES.
   A permit fee, as listed in the Codified Ordinances, Chapter 156, § 156.14 entitled Fees for Work in the Public Rights-of-Way, shall be charged for the issuance of each Right-of-Way Permit, except as otherwise provided by law.
   (A)   Beginning on January 1, 2005, the city shall annually calculate Right-of-Way Permit Fees and appropriately revise § 156.14 based upon the formula and calculations described in this section. Right-of-Way Permit Fees in place as of January 1, 2005, shall remain in effect until the city's next annual modification.
   (B)   The city, on or about January 1 of each year, shall calculate all the actual and incurred Right-of-Way Permit issuance, inspection, oversight, enforcement and regulation costs for the previous calendar year including the value of the degradation and reduction in the useful life of the rights-of-way that will result from construction that takes place therein. DEGRADATION AND THE REDUCTION IN THE USEFUL LIFE for the purpose of this section means the accelerated depreciation of the rights-of-way caused by construction in or disturbance of the rights-of-way, resulting in the need to reconstruct or repair such rights-of-way earlier than would be required if the construction did not occur.
   (C)   The city, on or about January 1 of each year, shall total all the Right-of-Way Permit Fee receipts received in accordance with the scheduled fees required by § 156.14 for the previous calendar year.
   (D)   The city shall divide the calculated costs referenced in division (B) of this section by the total Right-of-Way Permit Fees received as referenced in division (C) of this section to arrive at a numerical factor representing the previous years cost versus receipts analysis.
   (E)   The city shall multiply the then currently codified Permit Fees in § 156.14 by the numerical factor as referenced in division (D) of this section to calculate revised Permit Fees for the new calendar year.
   (F)   The city shall act, on or about January 31 of each year, in accordance with the results of division (E) of this section, to codify new annual Permit Fees by appropriately increasing or decreasing the previous years Permit Fees as then listed on the schedules contained in § 156.14. Revised Permit Fees shall be effective upon passage. Any permit requests pending on the date of any Permit Fee modification shall be subject to all new Permit Fees as modified.
   (G)   No Right-of-Way Permit shall be issued without payment of Right-of-Way Permit Fees except to the city which shall be exempt. Right-of-Way Permit Fees that were paid for a permit that the city has revoked due to breach and in accordance with the terms of this chapter are not refundable.
   (H)   The current schedule of Right-of-Way Permit Fees is available from the Public Works Department.
(Ord. 24-2004, passed 12-20-04; Am. Ord. 03-2019, passed 1-22-19)