(a) Compensation. The Village may levy a public way fee under Ohio R.C. 4939.05 based upon the amount of actual costs incurred by the Village that were directly caused by construction activity performed by a provider or other person who conducts construction activity within the public way and which the Village was not able to recover by way of any other recovery mechanism.
(b) Calculation of Annual Public Way Fee. Each year, the Village shall calculate the amount of the actual and incurred costs caused by public way construction activity in the prior year that the Village was not able to recover through other recovery mechanisms. To the extent that such costs were caused by a provider or other person who performed construction activity within the public right-of-way, the Village shall issue an invoice to such provider or person for a public way fee in the amount of the actual costs that were directly caused by such provider or person's construction activity and not able to recover through other recovery mechanisms.
(c) Limitations on Public Way Fee. Public way fees shall not include any costs which merely benefit users and occupant of the public way and would have been incurred by the Village regardless of whether or not the public way was used or occupied by any entity other than the Village itself, including but not limited to the costs incurred for mowing the public right-of-way.
(d) Legal and Consulting Fees. Public way fees shall not include consulting or legal fees that were not directly caused by the construction activity performed by the provider or user of the public way.
(Ord. 2019-11. Passed 9-26-19.)