54-21-503. Application fees.
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/ut/title-54/chapter-21/54-21-503A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 9/1/2018
54-21-503. Application fees.
(1)An authority may charge an application fee, if:
(a)a similar fee is required for similar types of commercial development or construction within the authority's jurisdiction;
(b)the costs to be recovered by an application fee are not already recovered by existing fees, rates, licenses, or taxes paid by the wireless provider; and
(c)the fee does not include:
(i)travel expenses incurred by a third party in review of an application; or
(ii)payment or reimbursement of a third-party rate or fee charged on a contingency basis or a result-based arrangement.
(2)Subject to Subsection
(3), an application fee for collocation of a small wireless facility is limited to the cost of granting a building permit for similar types of commercial development or construction within the authority's jurisdiction.
(3)An application fee for the collocation of a small wireless facility on an existing or replacement utility pole may not exceed $100 for each small wireless facility on the same application.
(4)If the activity is a permitted use described in Section 54-21-204 , an application fee may not exceed $250 per application to install, modify, or replace a utility pole associated with a small wireless facility.
(5)If the activity is not a permitted use described in Section 54-21-204 , an application fee may not exceed $1,000 per application to:
(a)install, modify, or replace a utility pole; or
(b)install, modify, or replace a new utility pole associated with a small wireless facility.
Enacted by Chapter 299 , 2018 General Session