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18 <br /> <br />schedule. The annual small wireless permit fee shall be based upon the recovery of the <br />city’s rights-of-way management costs. <br />C) City-Owned Wireless Support Structure Fees. The department shall charge a fee or fees to <br />the owner of any small wireless facility collocated on a wireless support structure owned <br />by the city or its assigned located on the public rights-of-way. These fees shall be identified <br />in Chapter 33 of the St. Anthony Village City Code. <br />D) City-Owned Property Fees. The department shall charge an annual fee for collocating small <br />wireless facilities on city-owned property not located in the public right-of-way. The <br />department shall determine a reasonable and nondiscriminatory annual fee on a per location <br />and per request basis. <br />E) Discretion to Require Additional Fees. In instances where the review of a small wireless <br />facility permit Application is or will be unusually costly to the department, the director, in <br />his or her discretion, may, after consulting with other applicable city departments, agencies, <br />boards, or commissions, require an applicant to pay a sum in excess of the other fee <br />amounts charged pursuant to this Section. This additional sum shall be sufficient to recover <br />the actual, reasonable costs incurred by the department and/or other city departments, <br />agencies, boards, or commissions, in connection with a small wireless facility permit <br />Application and shall be charged on a time and materials basis. Whenever additional fees <br />are charged, the director, upon request, shall provide in writing the basis for the additional <br />fees and an estimate of the additional fees. The department may not require a fee imposed <br />under this Chapter through the provision of in-kind services by an applicant as a condition <br />of consent to use to city’s public right-of-way or to obtain a small wireless facility permit. <br />F) Reimbursement of City Costs. The department may determine that it requires the services <br />of an expert in order to evaluate a small wireless facility permit Application. In such cases, <br />the department shall not issue a small wireless facility permit pursuant to the Application <br />unless the applicant agrees to reimburse the department for the actual, reasonable costs <br />incurred for the services of a technical expert. <br />98.160 Severability. <br />A) Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase <br />of this Chapter or any part thereof is for any reason held to be unconstitutional, invalid, or <br />ineffective by any court of competent jurisdiction, such decision shall not affect the validity <br />or effectiveness of the remaining portions of this Chapter or any part thereof. <br /> <br />Effective Date: This ordinance shall become effective as of its publication. <br /> <br />First Reading: <br /> <br />Second Reading: <br /> <br />Adopted: <br />51