(a) Except for any fees charged pursuant to Chapter 901 of the Codified Ordinances of the City of Zanesville, General Right-of-Way Permittees who have a Service Permit shall not be liable for any additional Right-of-Way Permit fees over and above any Service Permit fees specified in its Service Permit for uses of Rights-of-Way directly related to the uses for which such Permittee holds its Service Permit, so long as the amount of such fees due in each quarter is equal to or greater than the amounts otherwise due the City pursuant to subsection (c) hereof. If the amount due under subsection (c) hereof is more than said Service Permit fees, then the Permittee shall receive a credit in each quarter against such amount for all such fees paid in such quarter, and shall pay the balance to the City as set forth subsection (c)(1) hereof. Further, any facilities in place pursuant to a valid street lighting contract with the City as of the date of enactment of this chapter, and solely related to street lighting, shall not be subject to the fees hereunder, until such contract is terminated or modified.
(b) Application Fees.
(1) There is no application fee for a General Right-of-Way Permit for an Applicant with an existing Service Permit pursuant to any Codified City Ordinance and/or franchise agreement so long as the Applicant is not requesting to provide services above and beyond those covered by any said Service Permit.
(2) The application fee of a General Right-of-Way Permit for any Applicant that does not have an existing Service Permit pursuant to any Codified City Ordinance and/or Franchise Agreement or for any Applicant seeking to provide services above and beyond those covered by any such Service Permit is one thousand dollars ($1,000).
(3) The application fee for a Special Right-of-Way Permit for Nonresidential Purposes as defined in this Chapter is five hundred dollars ($500).
(4) The application fee for a Special Right-of-Way Permit for Residential Purposes as defined in this chapter or not exempted as part of this chapter is fifty dollars ($50).
(c) In addition to any fees charged pursuant to Chapter 901 of the Codified Ordinances of the City of Zanesville, all General Right-of-Way Permittees shall pay an annual fee, for each calendar year, based upon the miles of Right-of-Way which the Permittee occupies or desires to occupy in said calendar year. The fees are based on allocation of Rights-of-Way Related Costs in accordance with the definitions set forth in this chapter, Section 911.01(u) and (v), and in the following fee schedule:
Right-of-Way Miles | Charge |
(1) For the first mile, or any part thereof, (up to l mile): | $1,500.00 |
(2) Plus for the next eight (8) miles, or any part thereof (1-8) an additional: | $1,700.00 |
(3) Plus for the next sixteen (16) miles, or any part thereof (9- 25) an additional: | $2,100.00 |
(4) Plus for the next twenty-four (24) miles, or any part thereof (26-60) an additional: | $2,200.00 |
(5) Plus for all use over sixty (60) miles an additional: | $2,300.00 |
For Permittees all payments are on a quarterly basis with quarterly payments made on or before March 31, June 30, September 30 and December 31 of the calendar year.
(d) In addition to any fees charged pursuant to Chapter 901 of the Codified Ordinances of the City of Zanesville, Special Right-of-Way Permittees for Non-Residential Purposes shall pay an annual fee of $.20 per lineal foot of Right-of-Way used or occupied, but not less than $1,000. This fee shall be waived for all Special Right-of-Way Permits for Residential Purposes and may be waived by the Director for Special Right-of-Way Permittees that are agencies of the government of the United States, the State of Ohio, or its political subdivisions. Such fee shall be paid in advance for each calendar year prior to January 31 of such year.
(e) Further specification regarding the determination and calculation of the fees set forth in subsections (b) and (c) hereof may be set forth in any Regulations related thereto that the City may adopt.
(f) All Fees pursuant to this chapter shall be paid by check, money order or wire transfer to the City Treasurer as required. Payments shall be sent to the attention of the Director at the City's given address.
(g) Each General Right-of-Way Permittee shall maintain books, records, maps, documents and other evidence directly pertinent to its calculation of payments to the City. The Director, the City Auditor or either's designated agents shall have reasonable access to any books, records, maps, documents and other evidence for inspection, copying and audit to the extent necessary to assure that the payments hereunder are accurate and that all Right-of-Way Permittees fully comply with the provisions of this chapter and their respective Right-of-Way Permits. Permittees that are paying the maximum amount for occupancy and use of the Right-of-Way or Public Ways within the City shall be exempted from said auditing requirements. The City will treat all such books, records, maps and other documents as confidential except to the extent that such records are public records under Ohio law.
(h) The Right-of-Way Related Fees as defined in Section 911.01(u) and (v) of this chapter and as specified in Sections 911.04(b) and (c) and subsections (b) and (c) hereof may be modified or adjusted on or after January 1, 2004 by amendment to this chapter or by any Regulation the City may adopt; provided, however, that:
(1) Such fees remain reasonable and nondiscriminatory and,
(2) That the total revenues to the City generated by such fees represent not more than a reasonable allocation of the total Right-of-Way Related Costs to the City as defined in this chapter and,
(3) Any increases in said fees and minimums shall be no greater than a cumulative four percent (4%) per year annual increase since 2002, or the year of the last such increase, whichever is later;
provided further, however, that any such cumulative increase shall not be greater than twelve percent (12%).
The City reserves the right to review the fee schedule on a yearly basis beginning on or after January 1, 2004 and, based on any changes in the costs related to Rights-of-Way use and occupancy, make any necessary revisions to the fee schedule. Said yearly revisions will be sent to the Permittee's via regular mail thirty (30) days prior to the City considering such changes to such fees. Any Permittee may file specific written comments or objections on the proposed fee changes within a thirty (30) day time period after receiving written notice from the City thereof (hereinafter referred to as "Comment Period"). The revised fees shall become effective thirty (30) days after the end of the Comment Period or such longer period as may be determined by the City.
(i) Pro-rating of Fees. Required fees as defined in this chapter may be pro-rated as follows:
(1) General Right-of-Way Permit. Fees are paid quarterly, one quarter in arrears per subsection (c) (1) hereof. Fees for the initial quarter are based on the date when the Permit is approved by the City in relation to the due date of the next quarterly payment. This pro-rated fee will be due on that quarterly payment date.
(2) Special Right-of-Way Permit for Non-residential Purposes. Fees are paid in advance for each calendar year prior to January 31 of each year. The amount of the fee is based on the date the Permit is approved by the City in relation to January of the year the Permit is granted. Said fees are due within thirty (30) days of such permit approval.
(j) Fees are waived for Special Right-of-Way Permits for Residential Purposes.
(k) To the extent that the PUCO may find the fees covered in this section of this chapter to be unreasonable, the City shall revise the existing fee(s) to reflect the level of fees that the PUCO finds to be reasonable.
(Ord. 02-70(a). Passed 11-25-02.)