Utah Code 54-21-503. Application fees
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(1) An authority may charge an application fee, if:
Terms Used In Utah Code 54-21-503
- Application: means a request submitted by a wireless provider to an authority for a permit to:(5)(a) collocate a small wireless facility in a right-of-way; or(5)(b) install, modify, or replace a utility pole or a wireless support structure. See Utah Code 54-21-101
- Authority: means :(6)(a)(i) the state;(6)(a)(ii) a state agency;(6)(a)(iii) a county;(6)(a)(iv) a municipality;(6)(a)(v) a town;(6)(a)(vi) a metrotownship;(6)(a)(vii) a subdivision of an entity described in Subsections (6)(a)(i) through (vi); or(6)(a)(viii) a special district or entity established to provide a single public service within a specific geographic area, including:(6)(a)(viii)(A) a public utility district; or(6)(a)(viii)(B) an irrigation district. See Utah Code 54-21-101
- Fee: means a one-time, nonrecurring charge. See Utah Code 54-21-101
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Permit: means a written authorization an authority requires for a wireless provider to perform an action or initiate, continue, or complete a project. See Utah Code 54-21-101
- Rate: means a recurring charge. See Utah Code 54-21-101
- Small wireless facility: means a type of wireless facility:(25)(a) on which each wireless provider's antenna could fit within an enclosure of no more than six cubic feet in volume; and(25)(b) for which all wireless equipment associated with the wireless facility, whether ground-mounted or pole-mounted, is cumulatively no more than 28 cubic feet in volume, not including any:(25)(b)(i) electric meter;(25)(b)(ii) concealment element;(25)(b)(iii) telecommunications demarcation box;(25)(b)(iv) grounding equipment;(25)(b)(v) power transfer switch;(25)(b)(vi) cut-off switch;(25)(b)(vii) vertical cable run for the connection of power or other service;(25)(b)(viii) wireless provider antenna; or(25)(b)(ix) coaxial or fiber-optic cable that is immediately adjacent to or directly associated with a particular collocation, unless the cable is a wireline backhaul facility. See Utah Code 54-21-101
- Utility pole: means a pole or similar structure that:(28)(a)(i) is in a right-of-way; and(28)(a)(ii) is or may be used, in whole or in part, for:(28)(a)(ii)(A) wireline communications;(28)(a)(ii)(B) electric distribution;(28)(a)(ii)(C) lighting;(28)(a)(ii)(D) traffic control;(28)(a)(ii)(E) signage;(28)(a)(ii)(F) a similar function to a function described in Subsections (28)(a)(ii)(A) through (E); or(28)(a)(ii)(G) the collocation of a small wireless facility. See Utah Code 54-21-101
- Wireless facility: means equipment at a fixed location that enables wireless communication between user equipment and a communications network, including:(29)(a)(i) equipment associated with wireless communications; and(29)(a)(ii) regardless of the technological configuration, a radio transceiver, an antenna, a coaxial or fiber-optic cable, a regular or backup power supply, or comparable equipment. See Utah Code 54-21-101
- Wireless provider: means a wireless infrastructure provider or a wireless service provider. See Utah Code 54-21-101
(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.