§ 54-21-503 — Application fees.

(1) An authority may charge an application fee, if:

(1)(a) a similar fee is required for similar types of commercial development or construction within the authority's jurisdiction;
(1)(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
(1)(c) the fee does not include:
(1)(c)(i) travel expenses incurred by a third party in review of an application; or
(1)(c)(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:

(5)(a) install, modify, or replace a utility pole; or
(5)(b) install, modify, or replace a new utility pole associated with a small wireless facility.

Legislative History

Enacted by Chapter 299, 2018 General Session