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HomeMy WebLinkAboutTB Minutes 2026-04-13MEETING OF THE ITHACA TOWN BOARD April 13, 2026 @ 5:30 p.m. 215 N Tioga Street https://zoom.us/j/98910958241 YouTube Link AGENDA 1. 2. 3. 4. 6. 7. 8. 9. Call to Order and Pledge of Allegiance Persons to be Heard Tompkins County Legislature – Deborah Dawson ROW Permitting & Use Occupancy Fee Update - Joe Delaney (Attachment 1) Consider Authorization to Award Contract for the Forest Home Traffic Calming Plan Update (STREETS ’27) Consider approval of Sewer Exemption Requests: a.349 Stone Quarry Rd b.429 Bostwick Rd Consider authorization to seek Home Rule legislation – Town Justice Residency Consent Agenda a. Approval of Town Board Minutes b. Approval of Town Abstract c. Approval of Bolton Point Abstract d. Acknowledge receipt of Ethics Disclosure Forms 2026 e.Appointment – ZBA representative to COC – Terry f.Adopt 2027 PEG Access Studio Capital Budget 10.Board/Committee/Official Reports 11.Correspondence TB 2026-04-13 (Filed 4/17) Pg. 1 MEETING OF THE ITHACA TOWN BOARD April 13, 2026 MINUTES Present: Board Members Rod Howe, Supervisor; Eric Levine, Pamela Bleiwas, Rich DePaolo, Susie Gutenberger, David McCune and Diana Sinton Kelly Anderson, Director of Finance; Susan Brock, Attorney for the Town; Judy Drake, Director of Human Resources; Justin McNeal, Town Engineer; Marty Moseley, Director of Code Enforcement; CJ Randall, Director of Planning; Paulette Rosa, Town Clerk; and Joe Slater, Director of Public Works 1. Call to Order and Pledge of Allegiance 2. Persons to be Heard Charlie Trautmann, representing the Forest Homeowners Association, thanked the Board for their work on this project. 3. Tompkins County Legislature – Deborah Dawson Ms. Dawson updated the Board on discussion at the legislature regarding;  Emergency Services and moving towards a certificate of need for Advance Life Support (ALS) which is not transporting, but rendering aid;  the new Center of Government, they have directed the architects to come back with plans that stay within the originally approved budget;  the minimum wage discussions and public outreach, noting that this is not necessarily about making the minimum wage the Living Wage, which is a common misconception and there is a wide range of opinions on what direction this is going;  Board of Realtors luncheon - a presentation was given showing that the median price point for a home sale is $425k, up 12% from last year at $377k and the County’s median income can only support a $300k home. The biggest gaps are in workforce and senior housing. Affordability is down 8% year over year so the trend is going in the opposite direction of what we want. She added that she was shocked that many sales are cash sales. Mr. Howe thanked her for coming. 4. Moved Up - Consider Authorization to Award Contract for the Forest Home Traffic Calming Plan Update (STREETS ’27) Mr. Howe noted that this topic has been discussed at quite a few meetings and this is to award the contract. TB 2026-04-13 (Filed 4/17) Pg. 2 TB Resolution 2026 - 023: Authorization to Award Contract for the Forest Home Traffic Calming Plan Update (STREETS ’27) Whereas, the Forest Home Improvement Association (FHIA), with the participation of the Town of Ithaca and other interested stakeholders, prepared the 2007 Forest Home Traffic Calming Plan with the intent of reducing vehicle speeds and increasing driver attentiveness in this residential neighborhood, thereby improving pedestrian, bicycle and vehicular safety, and creating a more livable residential environment, and Whereas, the Town of Ithaca Planning Department, with the participation of the Forest Home Improvement Association (FHIA) and other interested stakeholders, issued a Request for Qualifications on October 27, 2025 to engage active transportation planning and engineering services, community relations support services, and agency strategic guidance for the Forest Home neighborhood in accordance with the Town’s Complete Streets policy (April 15, 2015) and Vision Zero policy (June 9, 2025), and Whereas the Town’s Director of Planning, Engineer, and Director of Public Works, respectively, have reviewed the proposal and qualifications submitted by Fisher Associates, P.E., L.S., L.A., D.P.C. dated January 9, 2026 and recommend approval by the Town Board for the Project, not to exceed $150,000, and Whereas, on September 30, 2025, the Park Foundation granted $50,000 through their Sustainable Ithaca program’s Smart Growth category, for which a grant funding request was authorized by Town Board Resolution 2025-065, and Whereas in accordance with 6 NYCRR Section 617.5(c)(27), State Environmental Quality Review, the Project is classified as Type II Action and not subject to environmental review, now, therefore be it Resolved, that the Town Board approves the contract, Project Charter (version 1.3, dated 4/2/2026), and Scope of Work (2/10/2026; revised 4/2/2026) for the Forest Home Traffic Calming Plan Update (STREETS ’27) Project as submitted and authorizes the Town Supervisor to execute said contract, with Fisher Associates, P.E., subject to the review by the Attorney for the Town. Moved: Susie Gutenberger Seconded: Rod Howe Vote: ayes – Gutenberger, Howe, DePaolo, Levine, Bleiwas, McCune and Sinton 5. Presentation on ROW Permitting & Use Occupancy Fee Update - Joe Delaney Mr. Delaney gave an in-depth presentation on the draft policy (Attachment 1) 6. Consider approval of Sewer Exemption Requests: a. 349 Stone Quarry Rd TB 2026-04-13 (Filed 4/17) Pg. 3 Mr. DePaolo asked about the ability to subdivide, and Mr. McNeal responded that anyone buying a parcel would need to seek a waiver also. Mr. DePaolo noted that one by one, there is a hardship but if the parcel was subdivided into the number of lots permitted, the price would be within range as divided amongst the lots. Mr. McNeal added that they are working on a policy for reviewing these requests and criteria. TB Resolution 2026 - 024: Authorization for the Town Engineer to issue a Sewer Exemption for 349 Stone Quarry Road Whereas the Town Engineer received a request for a Sewer Exemption from Joshua Berggren, the owner of 349 Stone Quarry Road, Tax Parcel No.39.-1-28, due to the excessively large costs and difficulties connecting into municipal sewer due to the nearest sewer main being approximately 1,250+/- feet away, resulting in an estimated cost of $312,500, and Whereas the owners are constructing a single-family home on the property and are working with Tompkins County Health Department to design the septic system, and Resolved, pursuant to Town Code Section 214-6, the Town Board finds the applicant has shown unusual and extreme practical difficulties in connecting to municipal sewer for the reasons conveyed by town staff and the reasons detailed in the request for a sewer exemption submitted to the Town Engineer, dated April 1, 2026, and be it further Resolved, that the Town Board authorizes the Town Engineer to issue an exemption from the Town Code Section 214-5 public sewer connection requirement for 349 Stone Quarry Road, Tax Parcel No.39.-1-28, for the installation of a new, onsite wastewater treatment system associated with the new single-family home, subject to the consent of the Tompkins County Health Department. Moved: Pamela Bleiwas Seconded: Diana Sinton Vote: ayes – Bleiwas, Sinton, McCune, DePaolo, Howe, Gutenberger and Levine b. 429 Bostwick Rd TB Resolution 2026 - 025: Authorization for the Town Engineer to issue a Sewer Exemption for 429 Bostwick Road Whereas the Town Engineer received a request for a Sewer Exemption from Ariel Casper and Gideon Casper, the owners of 429 Bostwick Road, Tax Parcel No.32.-2-3.221, due to the excessively large costs and difficulties connecting into municipal sewer due to the nearest sewer main being approximately 5,200+/- feet away, resulting in an estimated cost of $1,300,000.00, and Whereas the owners are replacing an existing septic system for a single-family home that has failed on the property and are working with a contractor and Tompkins County Health TB 2026-04-13 (Filed 4/17) Pg. 4 Department to design the replacement system, and Resolved, pursuant to Town Code Section 214-6, the Town Board finds the applicant has shown unusual and extreme practical difficulties in connecting to municipal sewer for the reasons conveyed by town staff and the reasons detailed in the request for a sewer exemption submitted to the Town Engineer, dated March 30, 2026, and be it further Resolved, that the Town Board authorizes the Town Engineer to issue an exemption from the Town Code Section 214-5 public sewer connection requirement for 429 Bostwick Road, Tax Parcel 32.-2-3.221 for the installation of a new, onsite wastewater treatment system associated with the existing single-family residence, subject to the consent of the Tompkins County Health Department. Moved: Rich DePaolo Seconded: Pamela Bleiwas Vote: ayes – Bleiwas, Sinton, McCune, DePaolo, Howe, Gutenberger and Levine 7. Consider authorization to seek Home Rule legislation – Town Justice Residency 8. Consent Agenda TB Resolution 2026 - 026: Consent Agenda Resolved that the Town Board approves, accepts, or acknowledges the following Consent Agenda action: a. Approval of Town Board Minutes b. Approval of Town Abstracts c. Approval of Bolton Point Abstract d. Acknowledge receipt of Ethics Disclosure Forms 2026 e. Appointment – ZBA representative to COC – Terry f. Adopt 2027 PEG Access Studio Capital Budget Moved: Rich DePaolo Seconded: Eric Levine Vote: ayes – Bleiwas, Sinton, McCune, DePaolo, Howe, Gutenberger and Levine TB Resolution 2026-026a: Approval of Town Board minutes Resolved that the Town Board approves the draft minutes of the meeting on March 23, 2026 as final with any non-substantive changes made. TB Resolution 2026 - 026b: Town of Ithaca Abstracts Nos. 7 and 7a for FY-2026 Resolved that the governing Town Board authorizes the payment of the following audited vouchers in total for the amounts indicated: ABSTRACT 7 TB 2026-04-13 (Filed 4/17) Pg. 5 Vouchers. 2026 267 - 346 General Fund Town Wide 145,210.87 General Fund Part-Town 8,242.76 Highway Fund Town Wide DA 85,902.38 Highway Fund Part Town DB 52,020.34 Water Fund 47,987.59 Sewer Fund 10,893.98 Capital Projects 20,180.39 Risk Retention Fund 3,074.95 Fire Protection Fund 443,088.50 Trust and Agency 17,549.49 TOTAL 834,151.25 ABSTRACT 7a Voucher 2026 - 347 City Of Ithaca 2025 Final December Payment Fire Protection Fund 578,669.50 TOTAL 578,669.50 TB Resolution 2026 - 026c: Approval of Bolton Point Abstract Resolved that the governing Town Board approves the following audited vouchers and amounts in total to be paid: Voucher Numbers: 102-154 Check Numbers: 21724-21776 Capital Impr/Repl Project $ 327,655.40 Operating Fund $ 108,842.47 TOTAL $ 436,497.87 TB Resolution 2026 - 026d: Acknowledge receipt and approval by the Ethics Board of required Ethics Disclosure Forms Resolved that the Town Board acknowledge receipt by the Town Clerk and review and approval by the Ethics Board of the required 2026 Ethics Disclosure forms. TB Resolution 2026 - 026e: Approval of appointment of ZBA representative to the COC Resolved that the Town Board approves the appointment of Connor Terry as the representative from the Zoning Board of Appeals to the Codes and Ordinances Committee, effective immediately. TB Resolution 2026 - 026f: Adopt 2027 PEG Access Studio Capital Budget TB 2026-04-13 (Filed 4/17) Pg. 6 Whereas the 2003 Franchise Agreement between Charter Communications and the City of Ithaca authorizes Charter Communications to collect $0.15 per subscriber per month to be used for the purchase of equipment for the PEG Access Studio; and Whereas the Franchise Agreement outlines the creation of an Access Oversight Committee which shall be responsible for approving the timing, use and amount of PEG access equipment acquired each year over the term of the agreement; and Whereas, to meet any as yet unknown and unforeseen equipment and operating expenses, the Access Oversight Committee has approved a 2027 contingency capital budget not to exceed $15,000; and Whereas the Franchise Agreement states that participating municipalities, including the Town of Ithaca, must adopt the annual PEG Access Studio budget by June 30 of the preceding year; now therefore be it Resolved that the Town Board adopts the 2027 PEG Access Studio budget as recommended by the Access Oversight Committee. 9. Board/Committee/Official Reports Mr. McCune reported that CWIO is ready and willing to help with any watershed grant or project and he is impressed with the knowledge and work from the group. 10. Correspondence – None The meeting was adjourned upon a motion and a second; unanimous. Submitted by Paulette Rosa Town Clerk Prepared by: Delaney CMS Engineer: Dr. Joseph W. Delaney PE, PgMP, CCM, LEED AP Client: Town of Ithaca Project: Right-of-Way (ROW) Permit Fees Recommendation ROW Permit Fee Structure April 13, 2026 1 Contents Town of Ithaca ROW Permit Fee Structure Recommendation ................................. 3 A. Executive Summary ........................................................................................ 3 Dual-Revenue Framework .................................................................................. 3 Regulatory and Legal Alignment ......................................................................... 3 Standard ROW Fee Summary Table ................................................................... 4 Administrative and Technical Requirements ..................................................... 4 B. ROW Permit Fee Development Considerations ................................................. 5 Concepts ............................................................................................................. 5 Regulatory Constraints ....................................................................................... 6 Highway Work Permits ................................................................................. 6 Use and Occupancy Permits ....................................................................... 8 C. Proposed ROW Work Permit Fees .................................................................... 9 Permit Categories ................................................................................................ 9 Standard Permit .......................................................................................... 9 Non-Standard Permit .................................................................................. 9 Emergency Work Permit .............................................................................. 9 Unauthorized Work.................................................................................... 10 Administration and Inspection Standard Fee ................................................... 11 Fee Amount Determination........................................................................ 11 Pavement Degradation Standard Fee ............................................................... 12 Fee Amount Determination........................................................................ 12 Fee Calculation Example ........................................................................... 13 D. Proposed ROW Use and Occupancy Permit Fees ............................................ 14 Non-Franchise Fiber Landlines ........................................................................ 15 Non-Franchise Fiber Wireless .......................................................................... 15 Private and Commercial Encroachments ........................................................ 15 2 E. ROW Permit Fee Recommendation by Entity ................................................... 16 Franchise Utilities .............................................................................................. 16 NYSEG (Gas & Electric).............................................................................. 16 Spectrum (Cable/Broadband) .................................................................... 16 Telecommunications & Fiber (Non-Franchised) Landline .............................. 17 Telecommunications & Fiber (Non-Franchised) Wireless .............................. 17 Academic & Institutional ................................................................................... 17 Private & Commercial Encroachments ............................................................ 17 Governmental and Municipal Waivers ............................................................. 18 F. Technical Framework for ROW Management ................................................... 18 Permit Validity and Expiration Timeline ............................................................ 18 Inflation Indexing ............................................................................................... 19 Geographic Information System (GIS).............................................................. 19 Work Zone Safety & Traffic Control .................................................................. 20 Insurance and Indemnification ......................................................................... 20 Indemnification and Hold Harmless Agreement ......................................... 20 Proposed Insurance Requirements ............................................................ 21 Non-Standard Permits ............................................................................... 23 Cash Escrow, Bonding and Warranty Obligations ........................................... 23 Utility Pole Lifecycle Management and Removal ............................................ 24 3 Town of Ithaca ROW Permit Fee Structure Recommendation A. Executive Summary This report provides a comprehensive, reasonable, and legally defensible recommendation for the Town of Ithaca’s Right-of-Way (ROW) Permit Fee Structure. The primary objective is to achieve full cost recovery for the administration, maintenance, and oversight of public assets while ensuring the Town is fairly compensated for the exclusive use of municipal property. Dual-Revenue Framework The proposed model utilizes a dual-revenue approach to address different types of infrastructure impacts: • One-Time Work Permits: These fees recoup costs for administrative intake, technical reviews, site inspections, and the permanent loss of asset life through a tiered Pavement Degradation Fee. • Annual Use and Occupancy (U&O) Permits: These recurring fees compensate the Town for the ongoing administrative burden of managing utility databases, GIS mapping, and the long-term restriction of municipal utility corridors. Regulatory and Legal Alignment The fee structure is carefully segmented to comply with federal and state constraints: • Cost-Based Rationale: One-time permit fees are rooted in documented labor and overhead expenses to ensure they are not classified as illegal taxes. • Federal "Safe Harbor" Rates: Recurring fees for wireless infrastructure align with the FCC’s 2018 Small Cell Order to maintain a "presumptively reasonable" status. • U&O Fee Exemptions: Statutory exemptions remain for Special Franchise utilities like NYSEG and Spectrum. Additionally, Cornell University and Ithaca College are excluded from these fees, as it is assumed their occupancy and infrastructure impacts are already addressed under existing Memoranda of Understanding (MOUs) or Payment in Lieu of Taxes (PILOT) agreements. • ROW Fee Waivers: Per Chapter 230-4.11 of the Town of Ithaca Code, state and local Governmental and Municipal entities are waived from all ROW fees. 4 Standard ROW Fee Summary Table The following table summarizes the recommended fee schedule for 2026: Administrative and Technical Requirements Alongside establishing rates for ROW fees, this report details a comprehensive technical framework for managing permits and infrastructure assets. Furthermore, it assures adherence to regulations governing administration, quality, safety, and operational procedures, including: • Permit Expiration Timeline: Specifies the duration for which permits remains valid. 5 • Inflation Indexing: Establishes annual fee modifications based on Consumer Price Index (CPI) or ENR Construction Cost indices. • Insurance and Indemnification: Includes standard insurance provisions and indemnification obligations for ROW access. • Work Zone Safety and Traffic Control: Defines requirements pertaining to work zone safety and traffic management during ROW access. • GIS Requirements: Requires comprehensive digital as-built documentation for all permanent installations. • Asset Management: Enforces stringent penalties associated with inactive infrastructure ("zombie poles") and mandates 24-month maintenance bonds to promote accountability and prevent substandard performance. B. ROW Permit Fee Development Considerations Concepts To effectively manage the Town’s infrastructure and finances, ROW fees should be categorized into two distinct types: One-Time Construction Fees and Recurring Occupancy Fees. • One-Time Fees (Highway ROW Work Permit Fee): A one-time fee is assessed for specific construction events, typically administered through a "Street Opening Permit." To fully protect the Town's interests, this permit fee should be structured to recover three distinct costs: − Administrative Processing: Covers the staff time required for application review, data entry, and record management. − Inspection & Verification: Reimburses the Town for field labor and equipment used to monitor construction compliance and site safety. − Pavement Degradation: This charge compensates the Town for the permanent reduction in the road’s structural integrity and lifespan caused by utility cuts, even after patching. • Recurring Fees (Use and Occupancy): A Use and Occupancy (U&O) Fee is an annual charge for managing and maintaining public land use. It covers the Town's costs for tasks like administrative tracking, GIS database management, and coordinating locating services. For instance, Verizon would pay a yearly fee for having fiber optic cable along a roadway, even if unused, since it restricts the Town’s options for that corridor. 6 Regulatory Constraints Highway Work Permits The Town clearly has the right to impose one-time fees for any street disturbance caused by utility work. These fees are grounded in the Town’s "police power" to protect public safety and infrastructure integrity. Unlike U&O fees, which can be preempted by franchise agreements, police power fees generally apply to all entities provided they are non -discriminatory and cost based. To survive legal scrutiny, these fees must be segmented into three defensible "cost buckets": • Administrative Costs: The Town is authorized to impose a permit fee that accurately reflects the actual labor and overhead involved in the permit process. This standard ministerial fee is designed to cover administrative activities such as reviewing permit applications, processing approved drawings, and maintaining the permit database. By aligning the fee with documented expenses, the Town fulfills its obligation to recover costs in accordance with its legal authority. Additionally, pursuant to A.5608/S.4887, which enacted New York Labor Law § 224-f (September 2023), contractors and subcontractors performing work for utility companies on roadway excavation projects requiring a permit are mandated to pay prevailing wages. Therefore, the Town may also include, within the permit fee, the administrative cost of verifying compliance with these wage requirements. This includes ensuring submission of original certified payroll records and transcript verifications by contractors to the fiscal officer, along with providing copies to the permitting authority. Recovering these verification expenses through the permit fee enables the Town to maintain appropriate oversight and compliance with prevailing wage laws. Legal Note: The Act expressly prohibits issuance of a permit prior to acknowledgment of prevailing wage requirements. Consequently, the time expended by Town personnel collecting and verifying certified payroll documentation constitutes a reimbursable administrative expense directly associated with both the issuance and enforcement of the permit. • Inspection Costs: The Town may recover verification costs, including the Deputy Highway Superintendent's burdened hourly rate, vehicle charges (per FEMA rate), and a 10% office indirect fee. Fees should be determined according to either the actual hours expended or a predetermined flat rate, rather than as a percentage of construction costs, in order to prevent their classification as a "revenue-generating tax." Applying the 10% "Safe Harbor" rate for office indirect costs aligns with the Federal de minimis indirect cost standard (2 CFR § 200.414), allowing recovery of administrative expenses without a detailed audit. • Pavement Degradation Fees: Standard restoration (patching) does not return a road to its original condition; it leaves a "weakened plane" in the infrastructure. According to the American Public Works Association (APWA) and its landmark study on pavement 7 degradation, standard restoration techniques, regardless of quality, cannot return a roadway to its original structural condition. The APWA has empirically demonstrated that every utility cut introduces a 'weakened plane' into the infrastructure. This discontinuity occurs because it is physically impossible to perfectly match the density and compaction of the trench backfill with the surrounding undisturbed soil. Consequently, the saw-cut interface becomes a permanent point of failure, allowing water infiltration and reducing the lateral support of the adjacent pavement. Therefore, the Town incurs a measurable loss in asset life (Remaining Service Life) the moment a cut is made, creating a financial liability that a standard administrative permit fee fails t o capture. To recover this loss, the Town should implement a Pavement Degradation Fee. To justify the implementation of a Pavement Degradation Fee, we can look at established precedents like the City of Syracuse, NY and the City of Lancaster, PA, which demonstrate that such fees are not punitive penalties but necessary asset recovery mechanisms. Syracuse employs a "Permanent Road Cut Maintenance Fee" (currently indexed at $38.61/SY for asphalt), and this amount is reviewed each year according to the Construction Cost Index (CCI) so that the fee remains aligned with inflation and actual material costs. Similarly, the City of Lancaster utilizes a tiered "Street Opening Degradation Fee" based on the age of the pavement, enforcing a strict moratorium on roads under three years old and charging a premium ($52.80/SY) for cuts into recently paved streets, with the rate decreasing as the road depreciates. Smaller municipalities, such as White Oak Borough, PA, have adopted similar "restoration schedules" (e.g., $40.00/SY for roads <1 year old) to explicitly link the fee to the "consumed life" of the infrastructure. By adopting a similar model, The Town of Ithaca would not be levying an arbitrary tax, but rather enforcing a standard engineering calculation to recover the capital investment lost when a utility cut prematurely ages a public roadway. Enforceability: Because this fee compensates the Town for specific damage to a municipal asset, it is generally enforceable even against franchise-holders who are exempt from recurring U&O fees, provided the fee schedule is codified and mathematically applied. A significant portion of municipal roadways may not be governed by formal, recorded deeds or dedicated easements, but rather exist as "Highways by Use" under New York State Highway Law § 189. When a road has been used by the public for a period of ten years or more and is maintained by the Town, it becomes a public highway by prescription. For the purposes of this fee structure and permitting authority, the Town asserts full regulatory jurisdiction over these prescriptive Right- of-Ways. The statutory width of a Highway by Use in New York is presumed to be three rods (49.5 feet) unless otherwise established by historical use and maintenance. Therefore, utility companies, contractors, and private entities excavating or installing infrastructure within this prescriptive corridor should be subject to all standard ROW Work Permit Fees, and Pavement 8 Degradation Fees. Lack of a formal deed does not exempt an applicant from compensating the Town for administrative oversight, asset degradation, or occupancy privileges within the maintained public corridor. Use and Occupancy Permits In New York, municipalities can charge recurring Use & Occupancy (U&O) fees if they reflect the actual and reasonable costs of maintaining public right-of-way used by private property. These fees must directly reflect the burden placed on the Town, unlike taxes. The NYSDOT PERM 75 program is often cited as a precedent for municipal U&O fees. However, under New York Transportation Corporations Law § 7, state authorities are permitted to charge fair market value for this use. In contrast, municipalities are limited to recovering regulatory costs only, as any charges exceeding these amounts may be deemed an illegal tax. This was confirmed recently in Crown Castle v. City of Rochester (W.D.N.Y. Case No. 6:20-cv-06866 – Key Ruling February 29, 2024), where Rochester's U&O fees were invalidated for lacking data-backed justification. As a consequence, the City has hired MGT Impact Solutions (Ordinance No 2025-191, June 2025 - $96,609) to rebuild its fee rationale. To prevent similar issues, the Town of Ithaca’s U&O fees should be backed by clear calculations and directly tied to management costs. Locally, the Town of Ithaca’s authority to impose U&O fees is established in Town of Ithaca Code § 230-4.8, which allows for rent or fees for permanent ROW use. This authority is reinforced by New York Town Law § 64 and the Municipal Home Rule Law. While utility companies have the right to operate in public streets by New York Transportation Corporations Law § 27, that right is conditional on municipal consent, which is granted via § 230 -4.8 in exchange for fair compensation. However, federal law—specifically Section 253 of the Telecommunications Act of 1996—limits local regulations, including U&O fees. The FCC’s "Small Cell Order" (FCC 18-133) requires that such fees be a reasonable approximation of actual, objectively reasonable costs, non-discriminatory, and non-prohibitive. The Order sets "safe harbor" fees, typically $270/year per small wireless facility, and higher fees must be supported by detailed cost studies. Franchise utilities (e.g., NYSEG, Spectrum) are generally exempt from municipal U&O fees. Their franchise rights, established through state or local agreements, are considered vested property rights. Charging a separate U&O fee is often regarded as double taxation. The protections vary slightly for transportation corporations and cable providers, as outlined below: • NYSEG (Special Franchise Transportation Corporation - Gas & Electric): Their right to occupy ROW is state granted. After consent is given, it becomes a vested right, exempting them from rent (U&O fees). Municipalities can charge "police power" fees for permitting and inspection, and pavement degradation fees. 9 • Spectrum (Special Franchise Cable Television Corporation): Subject to a federal Franchise Fee cap of 5% of gross revenue, which overrides additional U&O fees. Municipalities can charge "police power" fees for permitting and inspection, and pavement degradation fees. C. Proposed ROW Work Permit Fees For efficient approval, it is recommended that the Town classify ROW work permits as Standard or Non-Standard by scope. The DPW Superintendent will apply the criteria below to set the fee structure. Permit Categories Standard Permit A permit is considered "Standard" if the work area involves less than 40 linear feet of disturbance and does not require complex methods like directional drilling. These permits use the standard set work permit fee, require a set $2,500 refundable escrow, and have defined insurance requirements set by the Town. Non-Standard Permit Projects exceeding 40 linear feet or involving complex construction methods like directional drilling are deemed “Non-Standard” and require heightened technical oversight. Non-Standard permits involve extra evaluations such as quantity take-offs, GIS mapping, and bonding calculations. Applicants must set up a professional review escrow to cover the enhanced review process costs. Insurance requirements will be determined based on project risk. The DPW Superintendent will provide case-specific guidance on escrow deposits and related fees. Emergency Work Permit While the Town recognizes that immediate action is necessary to address utility service outages or hazardous conditions (e.g., gas leaks or water main breaks), these exigencies do not waive the utility’s obligation to restore the municipal right-of-way to Town standards. In the absence of a pre- approved work permit, emergency disturbances often lead to inconsistent pavement restoration and uncoordinated traffic control. To maintain public safety and preserve road lifecycle value, the Town should establish a strict "after-the-fact" notification and restoration protocol. This framework ensures that emergency repairs are documented, inspected, and held to the same structural standards as planned infrastructure projects. • 2-Hour Notification Window: In the event of an emergency cut, the utility or its contractor must notify the DPW Superintendent (or designated representative) within two (2) hours of the initial disturbance. 10 • 24-Hour Retroactive Filing: A formal ROW permit application must be filed retroactively within 24 hours of the emergency event. This filing must include the $2,500 escrow, the Pavement Degradation Fee and a detailed plan for final, permanent restoration. • Pavement Degradation Application: Emergency status does not exempt the disturbance from Pavement Degradation Fees. The fee will be calculated based on the influence area of the emergency trenching to compensate for the accelerated reduction in the road’s service life. • Non-Compliance Fine: Failure to provide the 2-hour notification or file the retroactive permit within the 24-hour window will result in a $500.00 administrative non- compliance fee per incident. • Temporary vs. Permanent Restoration: Temporary "cold-patch" repairs used during the emergency must be replaced with a permanent "hot-mix" restoration to Town specifications within thirty (30) calendar days, or as weather permits. Unauthorized Work To protect public safety and municipal infrastructure, any contractor or utility found performing non-emergency excavations or installations within the public ROW without a valid, pre-approved ROW Work Permit will be subject to immediate enforcement action. The Town treats unauthorized ROW work as a severe violation of municipal code, subject to the following penalties and retroactive requirements: • Stop Work Order (SWO): The DPW Superintendent or designated representative will issue an immediate SWO. All work must cease immediately, except for actions explicitly directed by the Town to secure the site for public safety and traffic flow. • Unauthorized Work Administrative Penalty: The violating entity will be assessed a strict administrative penalty of Double the Standard Permit Fee per occurrence. This fee compensates the Town for the unscheduled investigative and enforcement time required by DPW personnel. • Retroactive Permit Filing & Escrow: The contractor must immediately file a retroactive ROW Work Permit and post the required $2,500 cash escrow before the SWO will be lifted. • Pavement Degradation Premium: Because unauthorized excavations circumvent the Town’s ability to perform pre-construction inspections and verify the existing pavement condition, any unauthorized street cut will automatically be assessed the Pavement Degradation Fee at the Tier 1 (100%) rate, regardless of the actual age of the roadway. • Suspension of Privileges: Repeated instances of unauthorized work may result in the contractor being barred from performing future work within the ROW. 11 Administration and Inspection Standard Fee For 2026, a flat Administration and Inspection Fee of $620.00 is recommended for each work permit application, which represents an increase from the current fee of $250.00. This amount is based on a detailed cost-recovery analysis to ensure it reflects the average staff time and resources needed to process compliant applications and conduct all required inspections. The fee also covers the expenses associated with the fee study and its implementation. Fee Amount Determination The set standard fee of $620.00 is established as a reasonable mechanism for recovery of actual cost incurred by the Town. This amount accounts for administrative intake, GIS tasks, technical review, and three site inspections, as well as the proportional recovery of fee study costs amortized over a 10-year period. While the direct sum of administrative ($372.71), inspection ($164.67), and amortized study costs ($84.00) totals $621.38, the fee has been rounded to $620.00 for administrative simplicity and ease of public processing. 12 A summary of the figures is provided with comprehensive data and assumptions available in the Excel Workbook: Town of Ithaca 2026 ROW Permit Fee Calculations JWD 41326. Pavement Degradation Standard Fee To protect the Town’s capital investment in roadways, adopting a one-time Pavement Degradation Fee, separate from standard work permit fees, is recommended. This fee addresses the permanent reduction in pavement life caused by utility cuts (the "scar" effect), which leads to weak points that require premature repaving. Fee Amount Determination The Roadway Degradation Fee is calculated based on the cost of restoring the asset’s lost service life. The proposed "Tiered Age Multiplier" formula aligns with findings from the American Public Works Association (APWA), which indicate that utility cuts—even when properly restored—result 13 in a permanent weakened plane, thus diminishing pavement longevity. To ensure legal robustness and establish a clear engineering correlation between damage incurred and associated costs, this fee structure is derived exclusively from the engineering cost-basis study presented in this report, rather than being arbitrary. The table below provides an overview of the estimated costs for roadway restoration (patching), which includes milling 1½ inches and repaving at prevailing local rates. These costs are adjusted according to the Depreciation Table, reflecting reductions based on diminished service life. A summary of the figures is provided with comprehensive data and assumptions available in the Excel Workbook: Town of Ithaca 2026 ROW Permit Fee Calculations JWD 41326. The fee is calculated as: Fee = (Influence Area × Rate Base) × Multiplier Age • Influence Area: The total square footage of the cut plus a 4 foot "Influence Zone" buffer on all sides (as saw-cutting weakens the surrounding matrix). • Base Rate: Cost to Mill and Repave at 1.5” Depth. • Age Multiplier (Multiplier Age): This is a step -based factor that increases fees for cutting into freshly paved roads. The tiered fee compensates the Town for the portion of the road's 'service life' used up, not just the repair cost. Fee Calculation Example If NYSEG requires a 12’ x 4’ street opening on a road paved 7 years ago: 14 • Cut Dimensions: 4′ × 12′ = 48 SF; Influence Area: = 12′ × 20’ = 240 SF = 26.67 SY – See Diagram Below. • Unit Price: $35.86/SY – Tier 2 • Total Pavement Degradation Fee: 26.67 SY x $35.86/SY = $956.39 (In addition to the ROW work permit fee of $620.00) Roadway age is calculated from the date the roadway was put in service, or when the surface was last restored to "new condition" via a 1.5” mill and overlay. If the roadway has recently received secondary resurfacing—such as a chip seal or micro -surfacing—it is categorized under Tier 2. D. Proposed ROW Use and Occupancy Permit Fees An annual fee schedule is proposed for the use and occupation of the public ROW to cover the Town's actual expenses and safeguard public interests. The Use and Occupancy (U&O) fees are intended to recover costs for managing municipal assets and compensate for exclusive use by private or commercial entities. Fee calculations vary by infrastructure type based on legal and operational factors. Some entities are exempt: • Legal Exemptions: State law excludes Special Franchise Transportation Corporations (Gas and Electric) and Special Franchise Cable Television Corporations from recurring U&O fees. • Fee Waivers: U&O fees are waived for Cornell University and Ithaca College due to existing MOUs and agreements that provide comprehensive compensation for infrastructure impacts. Trench Area Influence Area 15 The entities listed below are liable for these fees, with the corresponding recommended amounts indicated. Non-Franchise Fiber Landlines An annual recurring fee of $455.00 is recommended to ensure full cost recovery for the Town’s administrative and GIS expenses associated with fiber landline management within the ROW. This fee is designed to cover technical oversight, the ongoing maintenance of accurate as-built records, and—consistent with the ROW work permit fee—the proportional recovery of costs for the supporting fee study. While the direct sum of administrative ($372.71) and amortized study costs ($84.00) totals $456.71, the fee has been rounded to $455.00 for administrative simplicity and ease of public processing. A summary of the cost recovery figures is provided above with comprehensive data and assumptions available in the Excel Workbook: Town of Ithaca 2026 ROW Permit Fee Calculations JWD 41326. Non-Franchise Fiber Wireless For Wireless Infrastructure, the annual recurring fee is set at $270.00 per node. A wireless node (commonly referred to as a "small cell") is a localized telecommunications facility mounted within the public ROW, typically on existing utility poles or standalone municipal structures. The rate recommended for each node aligns with the FCC’s 2018 Small Cell Order (FCC 18-133), which established "presumptively reasonable" safe harbor rates for the management and oversight of these vertical assets. Private and Commercial Encroachments For Private and Commercial Encroachments, it is recommended that the town access, on a case- by-case basis, an annual recurring fee based on the fair market rental value of the public property 16 occupied. This approach recognizes that the public ROW is a valuable municipal asset and ensures the taxpayer is compensated for the exclusive private use of public land. Fair market rental value should be determined by calculating the square footage of the encroachment area and applying the per-square-foot assessed land value of the immediately adjacent private parcel (the "Across the Fence" method). An annual rate of return of 15% would be applied to this land value to establish the recurring annual fee. E. ROW Permit Fee Recommendation by Entity Franchise Utilities NYSEG (Gas & Electric) • Classification: Transportation Corporation (Protected). • Annual U&O Fee: $0.00 (Exempt by NYS Law). • Franchise Fee: Special Franchise Tax paid to NYS, no local Franchise fee. • Municipal Purpose Agreement: The Town should negotiate a Municipal Purpose Agreement with NYSEG granting a limited, revocable license to use the ROW strictly for electricity or gas distribution. The agreement should maintain municipal authority over ROW permits, pavement degradation fees, and use priority. To prevent abandoned 'zombie poles', it should include a $1,000 per month penalty for any pole left over 90 days after service transfer. • ROW Work Permit Fee: $620.00 per application (Cost Recovery). • Pavement Degradation Fee: Tiered Rate Spectrum (Cable/Broadband) • Classification: Cable Provider (Federal Cap). • Annual U&O Fee: $0.00 (Exempt by the Federal Cable Act) • Franchise Fee: Negotiate Franchise Agreement to the federal max of 5% of Gross Revenue (Current: 3%). • Cable Access Oversight Committee: Since the Town and City of Ithaca (along with the Village of Cayuga Heights) share a franchise agreement territory with Spectrum this single committee oversees the franchise compliance for all three municipalities. The committee will need to be involved in any negotiations for a new Franchise Agreement. Note the Town of Lansing recently (2024) renegotiated their Franchise Agreement with Spectrum. • ROW Work Permit Fee: $620.00 per application (Cost Recovery). • Pavement Degradation Fee: Tiered rate. 17 Telecommunications & Fiber (Non-Franchised) Landline • Entities: Verizon (Landline/Fiber), FiberSpark, Point Broadband, Empire Access, Southern Tier Network, Firstlight, Dryden Fiber • Classification: Telephone Corporations (Subject to Management Fees). • Annual U&O Fee: $455.00 • ROW Work Permit Fee: $620.00 per application (Cost Recovery). • Pavement Degradation Fee: Tiered rate. Telecommunications & Fiber (Non-Franchised) Wireless • Entity: Verizon (Small Cell/DAS) and Crown Castle. • Classification: Wireless Infrastructure Provider. • Annual U&O Fee: $270.00 per node. • Justification: Matches the FCC "Safe Harbor" limit (FCC Order 18 -133). Exceeding this requires a complex cost-study proving higher actual costs. Academic & Institutional • Entities: Cornell University, Ithaca College. • Classification: Tax-Exempt Private Entities. • Annual U&O Fee: None, assumed covered under PILOT and MOU agreements. • ROW Permit Fee: $620.00 per application (Cost Recovery). • Pavement Degradation Fee: Tiered rate. Private & Commercial Encroachments • Entities: Private residents/businesses (e.g., non-standard driveway aprons like stamped concrete or heated driveways, irrigation systems, landscaping, trees, or bushes, private conduit, retaining walls, building foundations, decorative lighting, fences, and awnings). • Easement: The DPW Superintendent reserves the right to deny the easement. • Classification: Private Encroachment (Revocable License). • Requirement: Sign a Revocable License Agreement and provide an Insurance Certificate that lists the Town as an additional insured party. • Revocable License: This classification clarifies that the town retains superior rights to the ROW and may revoke the license if the space is needed for public infrastructure. • Private Annual U&O Fee: Appraised Value x 15%. (Minimum $100/year). • Classification: Commercial Encroachment (Revocable License). • Commercial Annual U&O Fee: Appraised Value x 15%. (Minimum $100/year). 18 • Requirement: Sign a Revocable License Agreement and provide an Insurance Certificate that lists the Town as an additional insured party. • Revocable License: This classification clarifies that the town retains superior rights to the ROW and may revoke the license if the space is needed for public infrastructure. Governmental and Municipal Waivers In accordance with the waiver provisions outlined in Chapter 230 -4.11 of the Town of Ithaca Code, and in the spirit of inter-municipal reciprocity, the Town should recognize that certain public entities operate within the ROW strictly for the benefit of the shared taxpayer base. For the following entities, all standard Administrative, Inspection, and Pavement Degradation Fees should be waived: • New York State (e.g., NYSDOT) • Tompkins County (e.g., Highway Department) • Neighboring Municipalities (City of Ithaca, Village of Cayuga Heights, etc.) • Public Water and Sewer Authorities (e.g., Southern Cayuga Lake Intermunicipal Water Commission) • Public School Districts While the fees are waived, these governmental entities are not exempt from the permitting process. To ensure proper Work Zone Traffic Control, GIS tracking, and infrastructure coordination, these entities must still submit a standard ROW Work Permit application prior to construction. Furthermore, fee waivers do not absolve these entities of their obligation to restore the ROW and pavement to standard Town specifications. F. Technical Framework for ROW Management This section outlines the technical standards for managing ROW permit fees and infrastructure assets, ensuring compliance with administrative, quality, safety, and operational requirements. Permit Validity and Expiration Timeline To ensure accurate tracking of ROW conditions and maintain the integrity of the Pavement Degradation Fee tiers, all approved ROW Work Permits are subject to a strict expiration timeline. • Standard Expiration: Unless a specific alternative duration is explicitly noted on the permit by the DPW Superintendent, a standard ROW Work Permit shall expire one hundred eighty (180) calendar days from the date of formal issuance. All authorized work, including final permanent pavement restoration and site cleanup, must be completed within this timeframe. 19 • Permit Extensions: The Town recognizes that projects can be delayed by weather, supply chain disruptions, or coordination issues. The Permittee may request a one-time administrative extension of up to ninety (90) days. This request must be submitted in writing to the DPW Superintendent at least ten (10) business days prior to the original expiration date. • Expired Permits: If a permit expires before the work is completed, the original permit becomes null and void. The contractor must submit a new application, and the Town reserves the right to assess a $370 permit renewal fee to cover the administrative cost of re-evaluating the site conditions, updating Work Zone Traffic Control plans, and adjusting the permit database. Inflation Indexing All fees, penalties, escrows, and schedules established under this ordinance shall automatically adjust annually to account for inflation. • Adjustment Metric: Effective January 1st, fees, penalties, and escrows will be revised in accordance with the percentage change reflected in the Consumer Price Index (CPI-U) (Northeast Region) and the Engineering News-Record (ENR) Construction Cost Index (20- City Average), applied to their respective cost components. Pavemen t Degradation Costs will be updated based on the ENR Construction Cost Index (CCI) (20-City Average). The one time set Work Permit Fee, annual U&O fees, escrow and penalty amounts, will be adjusted in alignment with the Consumer Price Index for All Urban Consumers (CPI -U) (Northeast Region). • Implementation: Rates shall be rounded to the nearest whole dollar. If the Town does not adjust fees in a given year, this does not waive the right to apply cumulative adjustments in subsequent years. Geographic Information System (GIS) To maintain the accuracy of utility inventories, all Applicants seeking a U&O permit for permanent installations must submit digital "As-Built" documentation adhering to specific standards. • Format: Deliverables must be provided in a geospatial format compatible with the Town GIS (Tompkins County ArcGIS Hub). • Georeferencing: All data must be referenced to the State Plane Coordinate System / NAD83 datum. CAD files without proper references will be rejected. • Attributes: Data submissions must include DPW-defined metadata, including material type, conduit diameter, length, depth, installation date, and ownership details. 20 Work Zone Safety & Traffic Control The Applicant assumes full responsibility for the safety of the work site, the public, and all personnel. • Regulatory Compliance: All operations must strictly adhere to OSHA (Occupational Safety and Health Administration) and NYS Department of Labor safety standards. • Traffic Control: Work Zone Traffic Control (WZTC) plans must be implemented in accordance with the current Manual on Uniform Traffic Control Devices (MUTCD). • UDig NY (811): Contractors must contact UDig NY to mark existing utilities before work begins. • Stop Work Authority: The DPW Superintendent or designated representative reserves the right to immediately shut down any project deemed an imminent threat to public safety or traffic flow until corrective measures are implemented. Insurance and Indemnification Applicants seeking access to the public ROW must submit proof of insurance as specified below and sign an Indemnification Agreement with their Permit Application, releasing the Town from all related claims. Indemnification and Hold Harmless Agreement This statement should appear on all permit applications, along with a signature line for the permittee. • Indemnification: To the fullest extent permitted by law, the Permittee shall indemnify, defend, and hold harmless the Town of Ithaca, its Town Board, officers, employees, agents, and volunteers (collectively, the "Indemnitees") from and against any and all claims, damages, losses, expenses, or lawsuits (including but not limited to attorney’s fees and costs of litigation). • Scope of Liability: This indemnification applies to any injury to or death of persons, or damage to property (including existing Town infrastructure and utilities), arising out of or in connection with: − The acts, errors, or omissions of the Permittee, its subcontractors, or anyone directly or indirectly employed by them. − The performance of work within the public Right-of-Way as authorized by this permit. − The failure of the Permittee to comply with applicable laws, safety regulations (including OSHA and NYS MUTCD standards), or the specific conditions set forth in this permit. 21 • Duty to Defend: The Permittee’s duty to defend is separate and distinct from the duty to indemnify. The Permittee shall, at its own expense, provide legal counsel to defend the Town of Ithaca against any such claims or suits. The Town of Ithaca reserves the right to select its own counsel or participate in its own defense at its own cost if it deems necessary to protect its interests. • Survival of Clause: The obligations of the Permittee under this agreement shall survive the expiration, completion, or termination of this permit and shall continue so long as a claim may be brought under the applicable statute of limitations. • Primary Coverage & Waiver of Subrogation: The Permittee’s insurance shall be primary and non-contributing with any insurance or self-insurance maintained by the Town. The Permittee hereby grants to the Town a waiver of any right to subrogation which any insurer of said Permittee may acquire against the Town by virtue of the payment of any loss under such insurance. • No Waiver: The Permittee’s insurance requirements as stated in this permit shall not be construed to limit the Permittee’s liability or the scope of this indemnification. The Town’s issuance of this permit does not constitute a waiver of any sovereign immunity or other legal defenses available to the Town. Proposed Insurance Requirements The Town shall have the sole discretion to determine the specific insurance coverage limits required based on the scope and potential risk of the proposed work. For standard ROW Work Permits, as defined in page 9 of this report, and/or as determined by the DPW Superintendent, the following insurance requirements are mandated. The Permittee shall purchase and maintain insurance of the following types of coverage and limits of liability with insurance carriers licensed in New York State, and shall be rated no lower than "A- VII" by the most recent A.M. Best's Key Rating Guide, unless otherwise agreed to by the Town: • Commercial General Liability (CGL) − Limits of Insurance of not less than $1,000,000 each occurrence and $2,000,000 Annual Aggregate. − If the CGL coverage contains a General Aggregate Limit, such General Aggregate shall apply separately to each work permit. − CGL coverage shall be written on ISO Occurrence form CG 00 01 1093 or a substitute form providing equivalent coverage and shall cover liability arising from premises, operations, independent contractors, products-completed operations, and personal and advertising injury. − The Town of Ithaca shall be included as Additional Insured including Completed Operations on the CGL, using ISO Additional Insured Endorsement CG2010 (11/85) or 22 CG2010 (04/13) AND CG2037 (04/13) or CG2037 (04/13) AND CG2038 (04/13) or an endorsement providing equivalent coverage to the additional insured. − This insurance for the additional insured shall be as broad as the coverage provided for the named insured Contractor/Subcontractor (Permittee). − It shall apply as Primary and non-contributing Insurance before any other insurance or self-insurance, including any deductible, maintained by, or provided to, the additional insured. − The Permittee shall maintain CGL coverage for itself and the additional insured for the duration of the work and maintain Completed Operations coverage for itself and the additional insured for at least 3 years after completion of the work. − Policy may not contain any exclusions relating to NY Labor Law or municipal work. • Automobile Liability − Business Auto Liability with limits of at least $1,000,000 each accident. − Business Auto coverage must include coverage for liability arising out of all owned, leased, hired and non-owned automobiles. − The Town of Ithaca shall be included as an insured on the auto policy. • Commercial Umbrella − Umbrella limits must be at least $1,000,000. − Umbrella coverage must include as insureds all entities that are additional insureds on the CGL (the Town of Ithaca). − Umbrella coverage for such additional insured shall apply as primary before any other insurance or self-insurance, including any deductible, maintained by, or provided to, the additional insured other than the CGL, Auto Liability and Employers Liability coverages maintained by the Permittee. − Policy may not contain any exclusions relating to NY Labor Law or municipal work. • Workers Compensation and Employers Liability − Statutory coverage complying with New York Workers Compensation Law Section 57 General Municipal Law Section 125. − Permittee must submit one of the following: CE-200 (Exemption), C-105.2 (Certificate of NYS Workers Comp), U-26.3 (State Insurance Fund version), SI-12 (Self-Insurance), or GSI-105.2 (Group Self-Insurance). • Disability Benefits Coverage − Statutory coverage complying with NYS Workers Compensation Law Section 220 (8) under General Municipal Law Section 125. − Permittee must submit one of the following: CE-200 (Exemption), DB120.1 (Certification of Disability Benefits Insurance), or DB155 (Self-Insurance). • Waiver of Subrogation 23 − Permittee waives all rights against the Town of Ithaca and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by commercial general liability, commercial umbrella liability, business auto liability or workers compensation and employers’ liability insurance maintained by requirements stated above. • Permittee’s Subcontract’s Liability Insurance − Without in any way limiting the Permittee’s liability pursuant to the indemnification provisions of this Agreement, the Permittee shall require each Subcontractor to: ▪ Maintain insurance coverages and limits of liability in accordance with the provisions of this Agreement (though the Umbrella Liability limits required of each Subcontractor may be adjusted, if agreed to by the Town, in advance of any work being undertaken). ▪ Name the Town of Ithaca and its respective officers, employees and agents as Additional Insureds on a direct primary basis under its General Liability Insurance policy and Excess "Umbrella" Liability Insurance policy. − The Permittee is responsible for obtaining Certificates of Insurance from each Subcontractor, evidencing coverage in accordance with these Insurance Requirements and shall not permit work to be undertaken until compliance with such Insurance Requirements is evidenced. Non-Standard Permits For non-standard permits, as detailed in page 9 of this report, insurance requirements will be determined by the DPW Superintendent on a case-by-case basis. In all circumstances, Commercial Umbrella Liability coverage must not be less than $5,000,000, and coverage for Commercial General Liability, Automobile Liability, Workers’ Compensation, or Disability shall not fall below the amounts required for a standard ROW Work Permit. Cash Escrow, Bonding and Warranty Obligations For a standard ROW Work Permit, a cash escrow of $2,500 must be paid to the Town of Ithaca before any work is commenced. This cash escrow is refundable upon a final inspection and approval by the DPW Superintendent or their designee. For non -standard projects, the DPW Superintendent may require a performance and extended maintenance bond, a letter of credit, or an additional cash escrow to ensure compliance with municipal standards regarding excavation, installation, and restoration. The specific amount of such financial assurance shall be determined by the DPW Superintendent based on the project scope. Extended Maintenance Bonds for Pavement Restoration : While a Performance Bond guarantees the initial completion of the work, standard pavement restoration over utility trenches frequently 24 fails or settles long after the contractor has demobilized. This delayed failure is due to the permanent "weakened plane" introduced into the compacted subbase and the difficulty of achieving perfect compaction matching the undisturbed adjacent soil. To protect the Town from inheriting the cost of delayed trench failures, an Extended Maintenance Bond (or cash escrow retention) should be required for all pavement excavations. Term: The Maintenance Bond shall remain in effect for a strict warranty period of twenty-four (24) months following the DPW Superintendent's final acceptance of the initial restoration. Coverage Amount: The bond shall be set at 100% of the estimated cost of the final permanent pavement restoration, including milling, paving, and traffic control. Triggers for Forfeiture: The Town reserves the right to call the bond if any defects appear within the influence area during the 24-month warranty period. Defects include, but are not limited to, trench settling (exceeding 1/4-inch deviation from the existing grade), alligator cracking, unraveling of the saw-cut seams, or potholing. If a defect is identified, the permit holder will be granted 30 days’ written notice to mobilize and execute a permanent repair to Town specifications. Failure to execute the repair will result in the forfeiture of the bond to cover the Town's cost of utilizing municipal crews or an emergency contractor to restore the roadway. Utility Pole Lifecycle Management and Removal The Town’s ROW is a finite resource that must be managed to ensure both structural safety and aesthetic clarity. A critical failure point in modern utility management is the proliferation of "double poles"—or "zombie poles"—which occur when a new pole is installed but the legacy pole remains in situ because third-party attachers have not relocated their equipment. To mitigate the safety hazards and pedestrian obstructions caused by these redundant structures, the Town should implement a comprehensive lifecycle management framework. This policy mandates clear accountability for the pole owner to coordinate sequential transfers and establishes a firm "shot clock" for the removal of abandoned assets, ensuring that the municipal corridor remains unobstructed once a utility upgrade is completed. Service Transfer Coordination: The pole owner (typically NYSEG or Spectrum) is responsible for coordinating with all third-party "attachers" (telecom/fiber) to ensure timely equipment transfer to new poles. Removal Deadline: To maintain a clear and safe ROW, the old pole must be removed within 90 calendar days of the new pole installation. Reporting Requirement: Upon request, utilities must provide the DPW Superintendent with a "Transfer Log" identifying the current status of all third-party attachments on any double poles within the Town. Administrative Penalty: Failure to meet the 90-day removal deadline will trigger a $1,000 per month penalty.