(A) Every registrant shall pay the fees associated with permitting under this chapter annually based upon the provisions of this chapter so as to equitably assess the impact of the activities performed in the right-of-way by all registrants and permittees. Franchisees may elect to pay these fees as either a portion of their franchise fees, or in addition to their franchise fees, as so allowed by their franchise agreement and consistent with state laws.
(B) Annual general permit.
(1) Unless otherwise prohibited by law, or otherwise exempted, each registrant that occupies the right-of-way shall obtain an annual general permit. The type of annual general permit that the registrant shall be required to obtain shall be based upon the level of both documented and undocumented maintenance and repair activities the registrant would be anticipated to perform within the right-of-way; and, as a corollary for such, the extent to which the registrant's facilities occupied the right-of-way as it existed at the end of the preceding calendar year. The extent of occupation of the registrant's facilities shall be determined by measuring the enclosed surface of the registrant's existing service area as defined by mapping provided annually by the registrant. Registrants with facilities occupying three hundred ninety and four-tenths (390.40) acres, the equivalent of ten (10) percent of the area of the City of Mt. Washington, or less shall pay an annual fee of five hundred dollars ($500.00) in order to obtain a Type I annual general permit. Registrants with facilities occupying more than three hundred ninety and four-tenths (390.40) acres, the equivalent of more than ten (10) percent of the area of the City of Mt. Washington, shall pay an annual fee of two thousand five hundred dollars ($2,500.00) in order to obtain a Type II annual general permit. Any registrant, as determined by the city, with facilities occupying less than three hundred ninety and four-tenths (390.40) acres, the equivalent of less than one tenth of one (0.10) percent of the area of the City of Mt. Washington, shall be, if so requested, exempt from obtaining an annual general permit and shall only be required to pay a registration fee annually. Any registrant exempted from obtaining an annual general permit shall be required to obtain either a surface cut permit or an installation permit for each and every occupation of the right-of-way regardless of the scope of the occupation. Facility installation by a non-registrant for a property owner pursuant to a contractual agreement shall not require possession of an annual general permit by either the non-registrant contractor or the property owner.
(2) It is the intent of the city that its permit fees shall be in compliance with the applicable federal law or regulation as it may be amended from time to time. The annual fee for the annual general permit shall be no greater than the annual fees presumed reasonable by the Federal Communications Commission, per small wireless facility installed during the applicable calendar year. The city reserves the right to require payment of the full amount if the results of a cost study, or similar administrative review, show that the additional cost is necessary to recoup the costs of maintaining the right-of-way, maintaining the structures within the right-of-way, and the administrative costs associated with the issuance and regulation of annual general permits and the activities allowed by the permits, or the federal regulations relating to the "reasonable" governmental fees for small wireless facilities are amended by the federal government or invalidated by a valid court order.
(C) Installation permit. Unless otherwise prohibited by law, every party obtaining an installation permit shall pay a fee of one hundred dollars ($100.00) for each installation permit. Any immediately adjoining real property owner cited to replace, repair, restore, or otherwise maintain any sidewalk, curb, apron, or utility strip for which that real property owner is legally responsible shall be exempt from paying and fees for obtaining an installation permit for these activities. This fee shall be re-assessed in the event that any work commences without approval as provided in § 53.18(A).
(D) Surface cut permit. Unless otherwise prohibited by law, every party obtaining a surface cut permit shall pay a fee of two hundred fifty dollars ($250.00) for each surface cut permit. This fee shall be re-assessed each time a party fails to comply with § 53.07
(B)(4), or in the event that any work commences without approval as provided in § 53.09
(A).
(E) The installation and surface cut permit fees required by this section shall be paid at the time of application for the permit unless such fees have been paid in accordance with division (A) of this section.
(F) Permit display. Permits issued pursuant to this chapter shall be conspicuously displayed or otherwise available at all times at the indicated work site and shall be available for inspection by the Director or other city employees or officials upon request.
(Ord. 2020-07, passed 6-8-20)