For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
ABANDONED FACILITY
. A facility that is:
(1) No longer in service or physically disconnected from any other facility that is in use or still carries service; or
(2) Deemed abandoned by the owner of the facility.
APPLICANT
. Any public right-of-way user required to obtain a permit under this chapter.
CITY MANAGEMENT COSTS. The actual costs incurred by the city for public rights-of-way management, including, but not limited to, costs incurred in connection with the registration process, the right-of-way excavation or obstruction permit process, the small wireless facility conditional use permit, if any, process, the inspection of project work and restoration and enforcement and correction of non-complying project work, mapping of public right-of-way users and maintenance and regulation of public right-of-ways occupied by public right-of-way users. Management costs do not include payment by a public right-of-way user for the use of the right-of-way, unreasonable fees of a third-party contractor used by a local government unit as part of managing its public right-of-way, including but not limited to any third-party contractor fee tied to or based upon customer counts, access lines, revenue generated by the public right-of-way user, or a local government unit, or the fees and cost of litigation relating to the interpretation of the act or any ordinance enacted under the act, or the city fees and costs related to appeals taken pursuant to this chapter.
COLLOCATE OR COLLOCATION. Install, mount, maintain, modify, operate, or replace a small wireless facility on, under, within, or adjacent to an existing wireless support structure that is owned privately or by the city or other local government unit.
DEGRADATION
. A decrease in the useful life of the right-of-way caused by excavation in or disturbance of the right-of-way, resulting in the need to reconstruct such right-of-way earlier than would be required if the excavation or disturbance did not occur.
DEGRADATION COST
. Subject to Minnesota Rules 7819.1100, the cost to achieve a level of restoration as determined by the city at the time the permit is issued, not to exceed the maximum restoration shown in plates 1 to 13, set forth in Minnesota Rules parts 7819.9900 to 7819.9950.
DEGRADATION FEE
. The estimated fee established at the time of permitting by the city to recover costs associated with the decrease in the useful life of the right-of-way caused by the excavation, and which equals the degradation cost.
DIRECTOR
. The City of Apple Valley Director of Public Works and his/her designee.
EMERGENCY
. A condition that:
(1) Immediately endangers the life, safety, or welfare of persons;
(2) Causes an immediate threat of significant loss or injury to property; or
(3) Requires immediate repair or replacement in order to restore service to customers.
EQUIPMENT
. Anything tangible used to install, repair or maintain facilities in any public right-of-way.
EXCAVATE
or
EXCAVATION
. To dig into or in any way remove or physically disturb or penetrate any public right-of-way ground surface, or any portion thereof.
FACILITY or FACILITIES
. Anything tangible, including equipment, which is required to provide utility services.
HOLE
. An excavation having a length that is equal to or less than the width of the public right-of-way for the section of the roadway where the work is occurring.
LOCAL REPRESENTATIVE
. A person, or designee of such person, authorized by a public right-of-way user to accept service and to act and make decisions regarding matters within the scope of this section on behalf of the public right-of-way user.
MICRO WIRELESS FACILITY. A small wireless facility that is no larger than 24 inches long, 15 inches wide, and 12 inches high, and whose exterior antenna, if any, is no longer than 11 inches.
OBSTRUCT
or
OBSTRUCTION
. To place or the placement of any object in a public right-of-way, or to remove or the removal of an existing structure, or any portion thereof, from a public right-of-way, for an aggregate period of eight hours or more.
PATCH
or
PATCHING
. A method of roadway surface replacement or restoration that consists of:
(1) The compaction of the sub-base and aggregate base; and
(2) The replacement, in kind, of the existing roadway surface for a minimum of two feet beyond the edges of the excavation in all directions.
PERMITTEE
. A person to whom an excavation or obstruction permit has been issued by the city under this chapter.
PROJECT
or
PROJECT WORK
. Any activity, including construction, reconstruction, installation, maintenance, relocation, or replacement of any facility or a public right-of-way in which the facility is located and restoration of the public right-of-way that is regulated under this chapter.
PUBLIC RIGHT-OF-WAY
or
PUBLIC RIGHTS-OF-WAY
. The surface, air space above the surface, and the area below the surface of any public street, highway, lane, path, alley, sidewalk, trail, avenue, boulevard, drive, court, concourse, bridge, tunnel, park, parkway, skyway, waterway, dock, bulkhead, wharf, pier, easement, or similar property or waters within the city owned by, under control of, or maintained by the city, or dedicated or otherwise conveyed to the city for general public use, including, but not limited to, any riparian right, which, consistent with the purposes for which it was created, obtained, or dedicated, may be used for the purpose of installing, operating, and maintaining utility service facilities. No reference herein to a
PUBLIC RIGHT-OF-WAY
shall be deemed to be a representation or guarantee by the city that its interest or other right to control or use such property is sufficient to permit its use for the purpose of installing, operating, and maintaining utility service facilities.
PUBLIC RIGHT-OF-WAY MANAGEMENT EXCAVATION PERMIT
. A permit which is issued by the city authorizing the permittee to excavate in a public right-of-way as specifically described in the permit.
PUBLIC RIGHT-OF-WAY MANAGEMENT OBSTRUCTION PERMIT
. A permit which is issued by the city authorizing the permittee to obstruct a public right-of-way as specifically described in the permit.
PUBLIC RIGHT-OF-WAY USER
. Any person or entity which owns or controls a facility that is located, or is sought or intended to be located, in a public right-of-way including persons who have installation and maintenance responsibilities by contract, lease, sublease, or assignment.
RESTORATION COST
. The amount of money paid to the city by a permittee to meet restoration requirements in accordance with plates 1 to 13 of the PUC rules.
RESTORE
or
RESTORATION
. The process, including patching, by which a public right-of-way and surrounding area, including pavement and foundation, is returned to the same condition that existed before any project work.
SMALL WIRELESS FACILITY.
(1) A wireless facility that meets both of the following qualifications:
(a) Each antenna is located inside an enclosure of no more than six cubic feet in volume, or, in case of an antenna that has exposed elements, the antenna and all its exposed elements could fit within an enclosure of no more than six cubic feet; and
(b) All other wireless equipment associated with the small wireless facility, excluding electric meters, concealment elements, telecommunications demarcation boxes, battery backup power systems, grounding equipment, power transfer switches, cutoff switches, cable, conduit, vertical cable runs for the connection of power and other services, and any equipment concealed from public view within or behind an existing structure or concealment, is in aggregate no more than 28 cubic feet in volume; or
(2) A micro wireless facility.
TRENCH. An excavation in the roadway surface having a length that is equal to or in excess of the width of the roadway or sections of roadway where the work is occurring.
UTILITY POLE. A pole that is used in whole or in part to facilitate telecommunications or electric service.
UTILITY SERVICE. Services provided by:
(1) A public utility as defined in Minnesota Statutes;
(2) A telecommunications, wireless service, pipeline, community antenna television, fire and alarm communications, water, sewer, electricity, light, heat, cooling energy, or power services;
(3) A corporation organized for the purposes set forth in M.S. Chapter 300;
(4) A district heating or cooling system; or
(5) A cable communication system as defined in Minnesota Statutes.
WIRELESS FACILITY.
(1) Wireless facility means equipment at a fixed location that enables the provision of wireless services between user equipment and a wireless service network, including:
(a) Equipment associated with wireless service;
(b) A radio transceiver, antenna, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration; and
(c) A small wireless facility.
(2) Wireless facility does not include:
(a) Wireless support structures;
(b) Wireline backhaul facilities; or
(c) Coaxial or fiber-optic cables that are either:
1. Between utility poles or wireless support structures, or
2. That are not otherwise immediately adjacent to or directly associated with a specific antenna.
WIRELESS SERVICE. Any service using licensed or unlicensed wireless spectrum, including the use of Wi-Fi, whether at a fixed location or by means of a mobile device, that is provided using wireless facilities. Wireless service does not include services regulated under Title VI of the Communications Act of 1934, as amended, including cable service under 47 USC 522(6).
WIRELESS SUPPORT STRUCTURE. A new or existing structure in a public right-of-way designed to support, or capable of supporting, small wireless facilities, as reasonably determined by a local government unit.
WIRELINE BACKHAUL FACILITY. A facility used to transport communications data by wire from a wireless facility to a communications network.
(Ord. 715, passed 5-23-02; Am. Ord. 1038, passed 2-8-18)