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A. Right-of-way use permit fees shall be incorporated into VMC 20.180.070, Development Engineering Fees.

B. Application Fee. A nonrefundable application fee shall be charged for each right-of-way use permit application that is accepted for processing, counter service, and recordkeeping.

C. Permit Fee. A fee for monitoring and inspecting the site or activity may be imposed.

D. Use Fee. Permits may include a fee for each day or part thereof for use of the right-of-way. The fee will compensate the city for loss of use. The daily use fee, when imposed, will vary depending upon the class of right-of-way use permit involved.

E. Reimbursement of Actual Expenses. When a permit is issued, the city may impose a charge based on the actual cost to compensate for its time and expenses. These costs may include street crews, signal crews, and police, if required to assist in the activity. A refundable deposit or other security device may also be required. Costs of damage to city property, or the expense of assistance by city employees, may be deducted from the deposit, charged against the security device, or billed to the permittee directly.

F. Effective January 1, 2023, and January 1st of each year afterward, fees for right-of-way use and occupation applications and permits shall be adjusted annually pursuant to the methodology set forth in VMC 3.08.100. Each such newly adjusted fee shall be rounded to the next higher whole dollar.

G. Repair and Replacement Charges. If the city should incur any costs in repairing or replacing any property as the result of the permittee’s actions, the costs of repair and replacement shall be charged to the permittee. These charges will be for the actual costs to the city.

H. Where feasible, the fee for a right-of-way use permit shall be estimated in writing by the responsible official to the applicant prior to the issuance of the right-of-way use permit. The responsible official shall require payment of fees, or a reasonable estimate thereof, at the time the permit is issued, unless the responsible official for good cause extends time for payment.

I. Where additional fees and costs could not be reasonably estimated prior to the issuance of the right-of-way use permit, or where fees and costs were incurred as a result of the use, they shall be billed as soon as practicable and shall be paid by the applicant to the city within 30 calendar days from the receipt of the bill.

J. Notwithstanding the foregoing, fees for Type A permits may be waived by the responsible official for nonprofit organizations or neighborhood associations. However, the permittee may still be liable for nonfee costs associated with use of the right-of-way, such as those incurred for traffic management or cleaning. (Ord. M-4376 § 4, 2022; Ord. M-4363 § 3, 2022; Ord. M-4016 § 2, 2012)