Application fees.

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  • (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.




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