§ 153.007 PERMIT FEES.
   (A)   (1)   Before a permit is issued pursuant to this code, the applicant shall pay to the town a permit fee, which shall be determined in accordance with a fee schedule adopted by the Board of Trustees by resolution.
      (2)   Fees will be reasonably related to the costs inherent in managing the public rights-of-way. As used in this chapter, these costs include, but are not necessarily limited to, the costs of permitting rights-of-way occupants, verifying rights-of-way occupation, mapping rights-of-way occupations, inspecting job sites and rights-of-way restorations, administering this chapter and costs incurred by the town relating to the degradation of the rights-of-way (i.e., the cost to achieve a level of restoration as determined by the town at the time the permit is issued).
   (B)   The portion of the permit fee relating to degradation/restoration costs shall be reduced by the town in cases where the applicant demonstrates to the satisfaction of the Director that the excavation proposed will be used by two or more entities, legally and financially unrelated, for the installation, maintenance or repair of facilities.
   (C)   Any permit for temporary use or occupation of the public rights-of-way, where there is no construction involved, shall not require payment of a degradation fee as part of the permit fee.
   (D)   An applicant may avoid the imposition of a degradation/restoration fee if it agrees to perform the required restoration of the public right-of-way to the town’s standards. The applicant shall decide at the time of application whether the applicant will perform the required restoration, and the applicant’s decision shall be final.
      (1)   In the roadway, the disturbed pavement area will be removed and the subgrade will be scarified and recompacted.
      (2)   A minimum of 12 feet wide of pavement will be removed and the subgrade will be scarified and recompacted if the necessary removal is in excess of five feet wide and the overall length exceeds 40 feet.
      (3)   For cuts in gravel roadways, the subbase must be scarified and recompacted and dressed with a minimum of four inches of suitable road base material.
   (E)   The portion of any permit fee relating to degradation/restoration costs shall be segregated by the town into an account to cover general street maintenance and construction.
(Prior Code, § 165.6) (Ord. 503, passed 7-7-2005; Ord. 577, passed 11-6-2014)