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.
[Amended 5-3-2004 by L.L. No. 1-2004]
A.
Any applicant for a license or franchise pursuant to Article III or Article IV of this chapter shall be responsible for the payment of all fees set forth in the Schedule of Fees and Payments maintained by the Village Clerk. No application fee shall be required of any applicant for a license or franchise pursuant to Article V of this chapter.
C.
An applicant whose license or franchise application is
withdrawn, abandoned or denied shall, within 60 days of its application and
review fee written request, be refunded the balance of its deposit under this
section, less a reasonable sum to be determined by the Village as its expenses
incurred for the application and review process prior to the date of withdrawal,
abandonment or denial. Such expenses may include all ascertainable costs and
expenses incurred by the Village in connection with the application.
All license or franchise grantees pursuant to Articles III, IV or V of this chapter shall, within 30 days after written demand therefor, reimburse the Village for all direct and indirect costs and expenses, including professional fees, incurred by the Village in connection with any modification, amendment, renewal or transfer of the license or franchise or any license or franchise agreement. 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.
The Village reserves its right to annually fix a fair and reasonable
compensation to be paid for the property rights granted to a telecommunications
license or franchise grantee. Nothing in this article shall prohibit the Village
and a grantee 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 public way shall be required
pursuant to this section.
If the 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.
Prior to issuance of a construction permit, the permittee shall pay
a permit fee as may be required by law for any construction permit required
for permittee's facilities within the Village, unless otherwise agreed upon
in the license or franchise agreement.
Unless otherwise agreed in a license or franchise grant agreement, each
license or franchise grantee shall pay an annual license fee to the Village
equal to 5% of the gross revenues received by the licensee or franchisee pursuant
to the said license or franchise fee. 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 in behalf
of the public and existing or future users, and the administration and supervision
of the exercise of the license or franchise.
