§ 1036.05 FEES.
   (a)   Fees shall be as follows:
      (1)   No annual fees shall be required for the installation of banners/flags within the public right-of-way or for uses deemed by the City to be private amenities to the public right-of-way including but not limited to flower boxes, planters, and benches.
      (2)   For uses deemed by the City to be commercial in nature including but not limited to sidewalk or shared-use path advertising, dining, kiosks, and shoeshine stands an initial fee of one hundred dollars ($100.00), due at the time the original application is submitted and a fee of fifty dollars ($50.00) for any subsequent annual renewal will be required. Any material change in the scope or purpose for which the original license was issued will require a one hundred dollar ($100.00) fee to process the modification.
   (b)   Fees shall remain reasonable and nondiscriminatory.
   (c)   Fees shall be submitted in a manner and place established by the Director of Public Works & Utilities or their designee.
   (d)   Total revenues generated by such fees shall represent a reasonable allocation of public right-of-way related costs as determined by the Director of Public Works & Utilities and/or their designee.
   (e)   The Director of Public Works & Utilities and/or their designee must receive all fees before any placement of privately owned amenities to or limited use and occupation of sidewalk or other real property within the public right-of-way of the City of Middletown will be permitted.
   (f)   Fees shall not be refundable in the event of any revocation or City required removal of facilities as specified in §§ 1036.08 and 1036.09.
(Ord. O2015-06, passed 2-3-2015)