For all improvements that do not have an annual rate set forth in 34 RCNY § 7-04(a), the annual rate of compensation for the first year of the term of each revocable consent shall be calculated in accordance with the following:
(a) Definitions and variables.
"A" means the maximum area of the improvement for which a consent has been or is proposed to be granted, as projected onto a horizontal plane (the "footprint").
"Benefited Property" means the real property which is adjacent to the improvement for which a revocable consent has been or is proposed to be granted, and which is benefited by the improvement.
"C" means 100 percent plus the percent change (plus or minus) in the Consumer Price Index for All Urban Consumers in New York and New Jersey published by the U.S. Department of Labor's Bureau of Labor Statistics ("CPI") on July 1 of the year for which the revocable consent annual rate is being calculated, compared to the CPI on July 1, 2003.
"E" means the standard escalating factor, which shall be a percentage equal to the average annual percentage increase in the CPI for the ten years immediately preceding the year for which the standard escalating factor is being determined; the Department shall determine the standard escalating factor on July 1 of the year to be applied to all consents granted or renewed between that July 1 and the next succeeding June 30, inclusive.
"L" means the Current Transitional Assessed Value or the Actual Assessed Value, whichever is lower, of the Benefited Property, in its unimproved state (in dollars and cents per square foot); provided, however, that if there is more than one Benefited Property, "L" shall be equal to the average of the Current Transitional Assessed Values of all the Benefited Properties in their unimproved states (in dollars and cents per square foot). Note: For cables contained within conduit owned by another entity, L=0.
"M" means the applicable multiplier. For pipes and conduits with up to 25 square feet in cross-sectional area, the applicable multiplier is 0.04. For all other improvements, the applicable multiplier is 0.08.
"Minimum Annual Charge" shall be assessed as follows: For improvements having a maximum cross-sectional area greater than four square feet, the Minimum Annual Charge shall be $3,000. For improvements having a maximum cross-sectional area of four square feet or less, the Minimum Annual Charge is $1,500, except that pipes and conduits having an outside diameter of three inches or less (inclusive of any protective sheath or casing) shall be assessed a Minimum Annual Charge of $750.
"R1" means the rate of compensation for the first year of the revocable consent agreement which shall be determined in accordance with 34 RCNY § 7-10(b), below.
"V" means the rate (in dollars and cents) obtained from Table A relating to the volume occupied by the improvement. For improvements exceeding nine feet in height, the computation will be made in units up to nine feet in height and then added together.
(b) Rate for first year. R1 shall equal C[V + (L × M × A)], or the Minimum Annual Charge, whichever is greater.
(c) Rate for each subsequent year.
second year = R1 + (E × R1)
third year = R1 + (2E × R1)
fourth year = R1 + (3E × R1)
fifth year = R1 + (4E × R1)
sixth year = R1 + (5E × R1)
seventh year = R1 + (6E × R1)
eighth year = R1 + (7E × R1)
ninth year = R1 + (8E × R1)
tenth year = R1 + (9E × R1)
third year = R1 + (2E × R1)
fourth year = R1 + (3E × R1)
fifth year = R1 + (4E × R1)
sixth year = R1 + (5E × R1)
seventh year = R1 + (6E × R1)
eighth year = R1 + (7E × R1)
ninth year = R1 + (8E × R1)
tenth year = R1 + (9E × R1)
(d) Consents granted on or prior to June 30, 1991. For those consents granted on or before June 30, 1991 which provide for annual fees to be computed based upon the rate schedule currently in effect, annual compensation shall equal R1 as calculated pursuant to 34 RCNY § 7-10(b).
(e) Revenue. All revocable consent revenue shall be collected by the Department.
Table A
Cross-Section Area | |||||||
Length in feet | Up to 1.4 sq. ft. | 1.4 to 4 sq. ft. | 4 to 20 sq. ft. | 20 to 81 sq. ft. | 81 to 162 sq. ft. | 162 to 243 sq. ft. | Smaller Pipes up to 3" |
Cross-Section Area | |||||||
Length in feet | Up to 1.4 sq. ft. | 1.4 to 4 sq. ft. | 4 to 20 sq. ft. | 20 to 81 sq. ft. | 81 to 162 sq. ft. | 162 to 243 sq. ft. | Smaller Pipes up to 3" |
Up to 100' | $13.90 per ft. | $27.83 per ft. | $34.78 per ft. | $41.72 per ft. | $69.56 per ft. | $83.48 per ft. | $7.25 per ft. |
100' - 150' | $1,390 + $8.17 per ft over 100 ft. | $2,783 + $16.35 per ft over 100 ft. | $3,478 + $20.43 per ft over 100 ft. | $4,172 + $24.51 per ft over 100 ft. | $6,956 + $40.87 per ft over 100 ft. | $8,348 + $49.04 per ft over 100 ft. | $726 + $4.26 per ft over 100 ft. |
150' - 200' | $1,799 + $7.72 per ft. over 150 ft. | $3,600 + $15.45 per ft. over 150 ft. | $4,499 + $19.30 per ft. over 150 ft. | $5,397 + $23.16 per ft. over 150 ft. | $9,000 + $38.62 per ft. over 150 ft. | $10,800 + $46.34 per ft. over 150 ft. | $939 + $4.03 per ft. over 150 ft. |
200' - 250' | $2,185 + $7.29 per ft. over 200 ft. | $4,373 + $14.59 per ft. over 200 ft. | $5,464 + $18.23 per ft. over 200 ft. | $6,555 + $21.87 per ft. over 200 ft. | $10,931 + $36.46 per ft. over 200 ft. | $13,117 + $43.76 per ft. over 200 ft. | $1,140 + $3.80 per ft. over 200 ft. |
250' - 300' | $2,549 + $6.83 per ft. over 250 ft. | $5,102 + $13.67 per ft. over 250 ft. | $6,376 + $17.08 per ft. over 250 ft. | $7,649 + $20.49 per ft. over 250 ft. | $12,754 + $34.16 per ft. over 250 ft. | $15,305 + $41.00 per ft. over 250 ft. | $1,330 + $3.56 per ft. over 250 ft. |
300' - 350' | $2,891 + $6.40 per ft. over 300 ft. | $5,786 + $12.81 per ft. over 300 ft. | $7,230 + $16.00 per ft. over 300 ft. | $8,673 + $19.20 per ft. over 300 ft. | $14,462 + $32.01 per ft. over 300 ft. | $17,355 + $38.42 per ft. over 300 ft. | $1,508 + $3.34 per ft. over 300 ft. |
350' - 400' | $3,211 + $5.94 per ft. over 350 ft. | $6,426 + $11.89 per ft. over 350 ft. | $8,030 + $14.85 per ft. over 350 ft. | $9,633 + $17.82 per ft. over 350 ft. | $16,062 + $29.71 per ft. over 350 ft. | $19,276 + $35.66 per ft. over 350 ft. | $1,675 + $3.10 per ft. over 350 ft. |
400' - 450' | $3,508 + $5.70 per ft. over 400 ft. | $7,021 + $11.41 per ft. over 400 ft. | $8,772 + $14.25 per ft. over 400 ft. | $10,524 + $17.10 per ft. over 400 ft. | $17,548 + $28.51 per ft. over 400 ft. | $21,059 + $34.22 per ft. over 400 ft. | $1,830 + $2.97 per ft. over 400 ft. |
450' - 525' | $3,793 + $5.21 per ft. over 450 ft. | $7,591 + $10.43 per ft. over 450 ft. | $9,485 + $13.03 per ft. over 450 ft. | $11,379 + $15.63 per ft. over 450 ft. | $18,973 + $26.06 per ft. over 450 ft. | $22,770 + $31.28 per ft. over 450 ft. | $1,979 + $2.72 per ft. over 450 ft. |
525' - 600' | $4,183 + $4.33 per ft. over 525 ft. | $8,373 + $9.48 per ft. over 525 ft. | $10,462 + $11.85 per ft. over 525 ft. | $12,551 + $14.22 per ft. over 525 ft. | $20,928 + $23.71 per ft. over 525 ft. | $25,116 + $28.45 per ft. over 525 ft. | $2,183 + $2.47 per ft. over 525 ft. |
600' - 30,000' | $4,508 + $4.33 per ft. over 600 ft. | $9,084 + $8.66 per ft. over 600 ft. | $11,351 + $10.83 per ft. over 600 ft. | $13,618 + $12.99 per ft. over 600 ft. | $22,706 + $21.66 per ft. over 600 ft. | $27,249 + $25.99 per ft. over 600 ft. | $2,368 + $2.26 per ft. over 600 ft. |
For More Than | $134,408 + $2.82 per ft. over 30,000 ft. | $268,884 + $5.64 per ft. over 30,000 ft. | $336,251 + $7.05 per ft. over 30,000 ft. | $403,318 + $8.46 per ft. over 30,000 ft. | $672,506 + $14.11 per ft. over 30,000 ft. | $806,949 + $16.93 per ft. over 30,000 ft. | $70,168 + $1.47 per ft. over 30,000 ft. |