It is the purpose of this article to provide for the payment and recovery of certain direct and indirect costs and expenses of the Village related to the enforcement and administration of this chapter.
A. 
Fee.
(1) 
Each applicant for a telecommunications license or franchise pursuant to Article III or IV of this chapter, or an amendment or renewal thereof, shall pay an application review fee in a sum equal to the greater of either:
(a) 
Such amount as shall be prescribed from time to time by the Board of Trustees; or
[Amended 12-16-2003 by L.L. No. 17-2003]
(b) 
One percent of the estimated cost of construction of the applicant's proposed or existing telecommunications facilities; or, if the application is solely to amend an existing application for new construction to alter an existing facility, 1% of the proposed new construction.
(2) 
No application review fee shall be required of any applicant for a license or franchise pursuant to Article V of this chapter.
B. 
An applicant whose license or franchise application is withdrawn or abandoned prior to approval or denial, within 60 days of such withdrawal or abandonment, shall be refunded its application review fee, less a reasonable sum, to be determined by the Village, equal to its expenses incurred for the application and review process prior to the date of withdrawal or abandonment. Such expenses may include all ascertainable costs and expenses incurred by the Village in connection with the application, including salaries and overhead for Village employees.
In addition to any application fee required by this chapter, each person to whom a telecommunications license or franchise or cable franchise is granted pursuant to Article III, IV or V of this chapter shall, within 30 days after written demand therefor by the Village, reimburse the Village for all direct and indirect costs and expenses, including professional fees, but not including salaries or overhead for Village employees, incurred by the Village in connection with any application for a telecommunications license, franchise or cable franchise or a modification, amendment or renewal thereof. Where the Village's authority with respect to such application has been exercised, in whole or in part, by an entity to whom the Village has delegated such authority, the Village's direct and indirect costs and expenses as provided in this section, shall include the Village's share of such expenses incurred by such entity.
In addition to any fees or reimbursements provided for in this article, the Village may annually fix a fair and reasonable compensation to be paid for the property rights granted to a telecommunications license or franchise or cable franchise licensee or franchisee. Nothing in this article shall prohibit the Village and a licensee or franchisee from agreeing to the compensation to be paid for the granted property rights. Where a franchise or license agreement contains provision for such compensation, no further compensation for the use of the public way shall be required pursuant to this section.
If a right is granted, by lease, license, franchise or other manner, to use and occupy Village property for the installation of telecommunications facilities, the compensation to be paid shall be fixed by the Village, unless otherwise agreed upon in the license or franchise agreement, in addition to any other fee or reimbursement provided for in this article.
Whenever a permit is required for any construction proposed by a telecommunications licensee or franchisee, or cable franchisee, pursuant to any other law, rule or regulation, payment of any fee required for such permit shall be required, unless otherwise agreed upon in the license or franchise agreement.
Unless otherwise agreed in a license or franchise agreement, each licensee and franchisee shall pay an annual license fee to the Village equal to 3% of the gross revenues received by the licensee or franchisee pursuant to said license or franchise. Such annual fee may be used by the Village for payment or reimbursement of costs incurred in connection with reviewing, inspecting and supervising the use and occupancy of the public ways on behalf of the public and existing or future users, and the administration and supervision of the exercise of the license or franchise or for any other purpose permitted by law.