A. Setting Film Production Activity Charges. Charges for film production activities shall be set by the Village Manager on a case-by-case basis prior to the issuance of any permit, provided that:
1. the Village Council shall retain the sole and exclusive discretion to establish a minimum film production activity charge that shall apply to all film production activity permits; and
2. the Village Council, in the exercise of its discretion, shall have the right to establish the film production activity charges for any permit that is subject to issuance by the Village Council, and the amount of the film production activity charges set by the Village Manager in such cases shall be considered a recommendation to the Village Council.
B. Applicability of Film Production Activity Charges. To assure that Village resources are not used for private commercial gain unless the Village is adequately compensated for all effects of such use, film production activity charges shall be assessed whenever any film production activity has any of the following characteristics:
1. any film production activity that takes place at any outdoor location in the Village, whether on public or private property, even if the actual filming occurs only indoors;
2. any film production activity that uses, involves or affects the use of, any Village resource;
3. any film production activity that is likely to use, or that is likely to involve or affect the use of, any Village resource; and
4. any film production activity that affects, or that is likely to affect, the day-to-day operations of the Village.
C. Estimated Film Production Activity Charges. The Village Manager shall set estimated film production activity charges in an amount he determines to be sufficient to compensate the Village both for the direct use of Village resources and for the effects on Village resources and Village operations arising from the permitted film production activities. In setting the estimated film production activity charge, the Village Manager shall use a market-based approach to determine the financial impact of the proposed film production activities in light of the factors considered in processing the permit application. The film production activity charge shall provide the basis for the permit deposit required by this chapter and shall be subject to modification at any time up to and including the completion of the film production activities.
D. Final Film Production Activity Charges. At the conclusion of the film production activities, the Village Manager shall determine the final film production activity charges, using the same methods and considering the same factors as was done in setting the estimated film production activities charges. If the final charges are less than the deposit, the Village shall refund the excess. If the final charges show a balance due from the permittee, the final fee shall be due and payable in full upon issuance of the final invoice by the Village.