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Utah Code § 54-21-503

Application fees

Enacted by Chapter 299, 2018 General Session

(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.

Official source: Utah State Legislature. Reproduced from public-domain Utah statutes; confirm against the official source for the current text. Not legal advice.