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A. City shall review a complete application, including a consolidated application of up to twenty five (25) small wireless facilities, and approve or deny the application within the time frames and subject to the standards contained in Utah Code Annotated section 54-21-302(3) through (9).
B. City is a category one authority for purposes of determining the total number of small wireless facility applications allowed on a monthly basis under Utah law.
C. If construction of an approved small wireless facility is not complete within two hundred seventy (270) days after an application has been approved, the approval shall lapse and a new application will be required for the designated location.
(Ord. 2018-27, 8-28-2018)
A. Right To Use And Occupy: Unless a wireless provider is subject to the Municipal Telecommunications License Tax under title 10, chapter 1, part 4 Utah Code Annotated, for the right to use and occupy the right-of-way:
1. The wireless provider shall pay to the City an annual fee equal to the greater of:
a. 3.5 percent of all annual gross revenue related to the wireless provider's use of the right-of-way within the City; or
b. Two hundred fifty dollars ($250.00) annually for each small wireless facility located in the City.
2. The annual fee, together with the fee described in subsection C of this section, shall be paid on or before December 31, with the fee for any new small wireless facility installed in the prior year pro-rated by the number of months after the facility has been approved. Upon written request by City to the wireless provider, payments shall be made on a monthly basis.
3. Annually, on or before December 31, a person required to make a payment under subsection A1 of this section shall provide City with gross revenue upon which payments are calculated and a description, of reasonable specificity, of the small wireless facilities which have generated the revenue upon which the payment is based.
a. Such report shall include such information related to such payment as the City may reasonably request.
b. The records pertaining to the reports and payment required by this chapter, including but not limited to any records deemed necessary or useful by the City to calculate or confirm gross revenue, and all other records of the wireless provider reasonably required by City to assure compliance by the wireless provider with the terms of this chapter shall be open to inspection by the City and its duly authorized representatives upon reasonable notice at all reasonable business hours of the wireless provider.
B. Application Fee: With each application to locate a small wireless facility within the City, an applicant shall pay an application fee of:
1. Collocation: One hundred dollars ($100.00) per small wireless facility on the same application where the application requests collocation of the facility; or
2. Stand-Alone Pole: Two hundred fifty dollars ($250.00) per small wireless facility on the same application where the application requests the installation, modification or replacement of a stand-alone pole associated with the facility.
C. Annual Fee: The wireless provider shall pay the City an annual fee for each collocation on a City pole in the amount of fifty dollars ($50.00) per pole.
D. Other Fees: A wireless provider or applicant shall pay all other applicable fees established by City, specifically including but not limited to electrical permit fees and right-of-way permit fees prior to installing an approved small wireless facility in the right-of-way.
(Ord. 2018-27, 8-28-2018)
A. If a wireless provider's activity disrupts or causes damage to a right-of-way, the wireless provider shall restore or repair the right-of-way to substantially the same condition as before the disruption or damage and in accordance with City's engineering standards.
B. If a wireless provider fails to make a repair required by the City under subsection A of this section within a reasonable time after written notice, the City may:
1. Make the required repair; and
2. Charge the wireless provider the reasonable, documented, actual cost for the repair.
C. If the damage described in subsection A of this section causes an urgent safety hazard, the City may:
1. Immediately make the necessary repair; and
2. Charge the wireless provider the reasonable, documented, actual cost for the repair.
(Ord. 2018-27, 8-28-2018)
A. Abandoned System: In the event that: 1) the use of any portion of a small wireless facility is discontinued for a continuous period of twelve (12) months, and thirty (30) days after no response to written notice from the City to the last known address of the wireless provider; 2) the term of the applicable master license agreement has expired; or 3) any small wireless facility has been installed in the rights-of-way without complying with the requirements of this chapter or master license agreement; a wireless provider shall be deemed to have abandoned such small wireless facility.
B. Removal Of Abandoned Facility: The City, upon such terms as it may impose, may give a wireless provider written permission to abandon, without removing, any small wireless facility, or portion thereof, directly constructed, operated or maintained under a master license agreement. Unless such permission is granted or unless otherwise provided in this chapter, a wireless provider shall remove within a reasonable time the abandoned small wireless facility and shall restore, using prudent construction standards, any affected rights-of-way to their former state at the time such system was installed and in accordance with the then adopted engineering standards, so as not to impair their usefulness. In removing its facilities and equipment, a wireless provider shall refill, at its own expense, any excavation necessarily made by it and shall leave all rights- of-way in as good condition as that prevailing prior to such removal without materially interfering with any authority pole or other utility wires, poles or attachments. The City shall have the right to inspect and approve the condition of the rights-of- way, attachments and poles prior to and after removal. The liability, indemnity and insurance provisions of this chapter and any security fund provided in a master license agreement shall continue in full force and effect during the period of removal and until full compliance by a wireless provider with the terms and conditions of this section.
C. Transfer Of Abandoned Facility To City: Upon abandonment of any small wireless facility or wireless support structure in place, a wireless provider, if required by the City, shall submit to the City a written instrument, satisfactory in form to the City, transferring to the City the ownership of such poles or equipment allowed to remain within the right-of-way.
D. Removal Of Above-Ground System: At the expiration of the term for which a master license agreement is granted, or upon its revocation or earlier expiration, in any such case without renewal, extension or transfer, the City shall have the right to require a provider to remove, at its expense, all above-ground portions of small wireless facilities within a reasonable period of time, which shall not be less than one hundred eighty (180) days.
E. Leaving Underground System: Upon written approval by City, a wireless provider may abandon underground portions of a small wireless facility in place so long as it does not materially interfere with the use of the rights-of-way or with the use thereof by any public utility, cable operator or other person.
F. Provider Defaults: If a wireless provider defaults under any provision of this chapter and such default is not cured within thirty (30) days following notice by City to wireless provider of its default, City shall maintain all its rights and remedies, at law and in equity, including the ability to charge fines, recover fees and costs. In the alternative, the City may remove the small wireless facilities and associated equipment and charge the reasonable, documented, actual cost to the wireless provider.
(Ord. 2018-27, 8-28-2018)
The use of the right-of-way under this chapter is subject to the police powers of the City to adopt and enforce ordinances necessary to the health, safety and welfare of the public. A person using the right-of-way pursuant to this chapter or a master license agreement shall comply with all applicable general laws and ordinances enacted by the City pursuant to its police powers.
(Ord. 2018-27, 8-28-2018)