§ 99.009  FEES FOR USE OF RIGHTS-OF-WAY.
   (A)   (1)   The fees for the use of the city's rights-of-ways will be limited to the direct, actual, and reasonably incurred costs inherent in managing the public rights-of-way.  As used in this chapter, the term "management costs" includes but is not limited to the costs of registering rights-of-way occupants, verifying rights-of-way occupation, mapping rights-of-way occupations, inspecting job sites and rights-of-way restorations, restoring work inadequately performed after providing notice and the opportunity to correct the work, administering this chapter, and the management costs associated with the implementation of this chapter. The fees for the use of the public rights-of-way shall be as follows:
 
Excavation permit, asphalt pavement, concrete pavement, chip-seal pavement; per surface   
$ 140
Excavation permit, grass, dirt, gravel pavement; per surface   
65
Commercial access permit, new construction   
200
Commercial access permit, new construction with aux lanes   
400
Commercial access permit, reconstruction   
100
Residential access permit, new construction   
40
Sidewalk permit, new construction   
25
Sidewalk permit, reconstruction   
10
Parking lot permit, under 100,000 square feet   
75
Parking lot permit, over 100,000 square feet   
150
Poleline permit, per pole added   
50
Oversize/Overweight permit   
50
Barricade/temporary obstruction permit (varies, most basic)   
20
Permanent encroachment permit   
50
Access Standards Manual    
3
 
      (2)   Two copies of said fees are available for inspection in the office of the City Clerk.
   (B)   Public rights-of-way rental policy.
      (1)   Any individual, company, or organization not included under § 99.031 (J) may request permission from the Board of Public Works to place private facilities within the public rights-of-way, subject to the following fees:
         (a)   Initial application fee of $200.  This fee is to reimburse the city for administrative expenses necessary for the review and routing of the application through the engineering departments and is non-refundable regardless of the outcome of the application.
         (b)   Contract preparation fee of $100.  This fee is to reimburse the city for legal contract preparation expenses and will be refunded should the final approval not be granted.
         (c)   An annual rental fee will be assessed that is dependant on the size of the encroachment, the type of facility to be placed, and the classification of the street right-of-way.  Base fees are as follows:
            1.   Communication cable, excluding fiber optics cable, $0.54/l.f.;
            2.   Parking lots or other temporary structures, $0.54/sq. ft.;
            3.   Underground pipe and duct, $0.8l/sq. ft., computed at a minimum width of 1 ft.;
            4.   Fiber optics cable, $1.08/l.f.
         The base fee is multiplied by a factor of one if the encroaching facility is on a residential street; by a factor of two if on a collector street; and by a factor of three if on an arterial street.
      (2)   The owners of any approved encroachments will be encouraged to join the Indiana Underground Plant Protection Service so as to be aware of any excavations scheduled in the vicinity of their facilities.  However, should the applicant not want to join the Indiana Underground Plant Protection Service but desire notification of any work near their facilities, the city - at the city's option - can provide the service for an additional annual fee of $5,750.  This fee is to recover the administrative costs inherent in monitoring the Indiana Underground Plant Protection Service on behalf of the encroachment holder.
      (3)   For good and sufficient cause, the city can elect to waive all or part of the annual fee.  If any portion of the fee is to be waived, written documentation specifying the reasoning behind such a determination shall be attached to the rental/encroachment agreement.
      (4)   Rental/encroachment applications are to be submitted to the Board of Public Works, in a form as specified by the city.  Upon payment of the application fees, the request will be routed to the engineering departments, the Community and Economic Development department, and the Right of Way department in order to solicit staff recommendations and comments pertaining to the possible consequences of approving or denying the request.
      (5)   Staff recommendations will be forwarded to the Legal department for contract preparation. The Legal department will be responsible for negotiating and documenting any deviations from the prescribed fee schedule.
      (6)   A contract or a memorandum prepared by the Legal department detailing the reasons agreement was not obtained will be forwarded to the Board of Public Works for a final determination of approval or denial, with such determination to be made at the regularly scheduled Board of Public Works meeting.
      (7)   Any approved rental/encroachment agreements will be conditional until such time as any and all necessary construction permits are obtained and until such time as the first annual payment is submitted to the city's accounting department.  Subsequent annual payments will fall due on the anniversary date of the initial payment.  The annual invoicing and the tracking of same will be performed by the accounting department.
      (8)   Any public utility or municipally owned utility as defined by IC 8-1-2-1 is excluded from coverage of this policy.
   (C)   The fees established herein shall not in any way limit the ability of the city to charge additional sums for other use of its rights-of-way as referenced herein.
('74 Code, § 25-01)  (Ord. S-54-85, passed 4-23-85; Am. Ord. R-76-91, passed 12-17-91; Am. Ord. G-33-93, passed 12-14-93; Am. Ord. G-17-97, passed 12-9-97; Am. Ord. G-24-98, passed 6-9-98)