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.
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is withdrawn or abandoned prior to approval or denial, within 60 days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.
