For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
ABANDONED FACILITY. A facility no longer in service or physically disconnected from a portion of the operating facility, or from any other facility, that is in use or still carries service. A facility is not ABANDONED unless declared so by the right-of-way user.
ALTERATION. Any changes to the right-of-way, including, but not limited to, installation of sidewalk and driveways.
ALTERATION PERMIT. The permit which, pursuant to this chapter, must be obtained before a person may make alteration in a right-of-way. An ALTERATION PERMIT allows the holder to alterate that part of the right-of-way described in such permit.
APPLICANT. Any person requesting permission to excavate, alter, or obstruct a right-of-way.
CITY. The City of Battle Lake, Minnesota. CITY also means the city’s elected officials, officers, employees, and agents.
CITY PERSONNEL. The Public Works Director, Chief of Police, and/or their designees.
COLLOCATE or COLLOCATION. To install, mount, maintain, modify, operate, or replace a small wireless facility on, under, within, or adjacent to an existing wireless support structure or utility pole that is owned privately, or by the city or other governmental unit.
COMMISSION. The State Public Utilities Commission.
CONGESTED RIGHT-OF-WAY. A crowded condition in the subsurface of the public right-of-way that occurs when the maximum lateral spacing between existing underground facilities does not allow for construction of new underground facilities without using hand digging to expose the existing lateral facilities in conformance with M.S. § 216D.04, subd. 3, as it may be amended from time to time, over a continuous length in excess of 500 feet.
CONSTRUCTION PERFORMANCE BOND. Any of the following forms of security provided at permittee’s option:
(1) Individual project bond;
(2) Cash deposit;
(3) Security of a form listed or approved under M.S. § 15.73, subd. 3, as it may be amended from time to time;
(4) Letter of Credit, in a form acceptable to the city;
(5) Self-insurance, in a form acceptable to the city; or
(6) A blanket bond for projects within the city, or other form of construction bond, for a time specified and in a form acceptable to the city.
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 Minn. Rules part 7819.1100, as it may be amended from time to time, means 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 Minn. Rules, parts 7819.9900 to 7819.9950, as they may be amended from time to time.
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.
DELAY PENALTY. The penalty imposed as a result of unreasonable delays in right-of-way excavation, obstruction, patching, or restoration as established by permit.
DEPARTMENT. Public Works Department.
EMERGENCY. A condition that:
(1) Poses a danger to life or health, or of a significant loss of property; or
(2) Requires immediate repair or replacement of facilities in order to restore service to a customer.
EQUIPMENT. Any tangible asset used to install, repair, or maintain facilities in any right-of-way.
EXCAVATE. To dig into or in any way remove or physically disturb or penetrate any part of a right-of-way.
EXCAVATION PERMIT. The permit which, pursuant to this chapter, must be obtained before a person may excavate in a right-of-way. An EXCAVATION PERMIT allows the holder to excavate that part of the right-of-way described in such permit.
EXCAVATION PERMIT FEE. Money paid to the city by an applicant to cover the costs.
FACILITY or FACILITIES. Any tangible asset in the right-of-way required to provide utility service.
HIGH DENSITY CORRIDOR. A designated portion of the public right-of-way within which telecommunications right-of-way users having multiple and competing facilities may be required to build and install facilities in a common conduit system or other common structure.
HOLE. An excavation in the pavement, with the excavation having a length less than the width of the pavement.
LOCAL REPRESENTATIVE. A local person or persons, or designee of such person or persons, authorized by a right-of-way user to accept service and to make decisions for that right-of-way user regarding all matters within the scope of this chapter.
MANAGEMENT COSTS. The actual costs the city incurs in managing its rights-of-way, including such costs, if incurred, as those associated with registering applicants; issuing, processing, and verifying right-of-way or small wireless facility permit applications; inspecting job sites and restoration projects; maintaining, supporting, protecting, or moving user facilities during right-of-way work; determining the adequacy of right-of-way restoration; restoring work inadequately performed after providing notice and the opportunity to correct the work; and revoking right-of-way or small wireless facility permits. MANAGEMENT COSTS do not include payment by a telecommunications right-of-way user for the use of the right-of-way, unreasonable fees of a third-party contractor used by the city including fees tied to or based on customer counts, access lines, or revenues generated by the right-of-way or for the city, the fees and cost of litigation relating to the interpretation of 1997 Session Laws Chapter 123; M.S. §§ 237.162 or 237.163, as they all may be amended from time to time; or any ordinance enacted under those sections, or the city fees and costs related to appeals.
OBSTRUCT. To place any tangible object in a right-of-way so as to hinder free and open passage over that or any part of the right-of-way. Does not include vehicles when parked for less than a 24-hour period without moving or vehicles are authorized by the owner or authorized users of the adjacent property.
OBSTRUCTION PERMIT. The permit which, pursuant to this chapter, must be obtained before a person may obstruct a right-of-way, allowing the holder to hinder free and open passage over the specified portion of that right-of-way, for the duration specified therein.
OBSTRUCTION PERMIT FEE. Money paid to the city by a permittee to cover the costs.
PATCH or PATCHING.
(1) A method of pavement replacement that is temporary in nature. A PATCH consists of:
(a) The compaction of the subbase and aggregate base; and
(b) The replacement, in kind, of the existing pavement for a minimum of two feet beyond the edges of the excavation in all directions.
(2) A PATCH is considered full restoration only when the pavement is included in the city’s five-year project plan.
PAVEMENT. Any type of improved surface that is within the public right-of-way and that is paved or otherwise constructed with bituminous, concrete, aggregate, or gravel.
PERMIT. Has the meaning given RIGHT-OF-WAY PERMIT in M.S. § 237.162, as it may be amended from time to time.
PERMITTEE. Any person to whom a permit to excavate or obstruct a right-of-way has been granted by the city under this chapter.
PERSON. An individual or entity subject to the laws and rules of this state, however organized, whether public or private, whether domestic or foreign, whether for profit or nonprofit, and whether natural, corporate, or political.
PUBLIC RIGHT-OF-WAY or RIGHT-OF-WAY. The area on, below, or above a public roadway, highway, street, cartway, bicycle lane, or public sidewalk in which the city has an interest, including other dedicated rights-of-way for travel purposes and utility easements of the city. A RIGHT-OF-WAY does not include the airwaves above a right-of-way with regard to cellular or other non-wire telecommunications or broadcast service.
PROBATION. The status of a person that has not complied with the conditions of this chapter.
PROBATIONARY PERIOD. One year from the date that a person has been notified in writing that they have been put on probation.
RESTORE or RESTORATION. The process by which an excavated right-of-way and surrounding area, including pavement and foundation, is returned to the same condition and life expectancy that existed before excavation.
RESTORATION COST. The amount of money paid to the city by a permittee to achieve the level of restoration according to plates 1 to 13 of State Public Utilities Commission rules.
RIGHT-OF-WAY PERMIT. Either the excavation permit or the obstruction permit, or both, depending on the context, required by this chapter.
RIGHT-OF-WAY USER.
(1) A telecommunications right-of-way user as defined by M.S. § 237.162, subd. 4, as it may be amended from time to time; or
(2) A person owning or controlling a facility in the right-of-way that is used or intended to be used for providing utility service, and who has a right under law, franchise, or ordinance to use the public right-of-way.
SERVICE or UTILITY SERVICE. Includes:
(1) Those services provided by a public utility as defined in M.S. § 216B.02, subds. 4 and 6, as they may be amended from time to time;
(2) Services of a telecommunications right-of-way user, including transporting of voice or data information;
(3) Services of a cable communications systems as defined in M.S. Chapter 238, as it may be amended from time to time;
(4) Natural gas or electric energy or telecommunications services provided by the city;
(5) Services provided by a cooperative electric association organized under M.S. Chapter 308A, as it may be amended from time to time; and
(6) Water and sewer, including service laterals, steam, cooling, or heating services.
SERVICE LATERAL. An underground facility that is used to transmit, distribute, or furnish gas, electricity, communications, or water from a common source to an end-use customer. A SERVICE LATERAL is also an underground facility that is used in the removal of wastewater from a customer’s premises. Other than SERVICE LATERALS, no private services shall be located within the right-of-way.
SMALL WIRELESS FACILITY. A wireless facility that meets both of the following qualifications:
(1) Each antenna is located inside an enclosure of no more than six cubic feet in volume or could fit within such an enclosure; and
(2) All other wireless equipment associated with the SMALL WIRELESS FACILITY provided such equipment is, in aggregate, no more than 28 cubic feet in volume, not including 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.
SUPPLEMENTARY APPLICATION. An application made to excavate or obstruct more of the right-of-way than allowed in, or to extend, a permit that had already been issued.
TELECOMMUNICATIONS RIGHT-OF-WAY USER.
(1) A person owning or controlling a facility in the right-of-way, or seeking to own or control a facility in the right-of-way that is used or is intended to be used for providing wireless service.
(2) For purposes of this chapter, a cable communication system defined and regulated under M.S. Chapter 238, as amended from time to time, a telecommunications system defined and regulated under M.S. Chapter 237, as amended from time to time, and telecommunication activities related to providing natural gas or electric energy services, a public utility as defined in M.S. § 216B.02, as amended from time to time, a municipality, a municipal gas or power agency organized under M.S. Chapter 453 and 453A, as amended from time to time, or a cooperative electric association organized under M.S. Chapter 308A, as amended from time to time, are not TELECOMMUNICATIONS RIGHT-OF-WAY USERS for the purposes of this chapter, except to the extent such entity is offering wireless service.
TEMPORARY SURFACE. The compaction of subbase and aggregate base and replacement, in kind, of the existing pavement only to the edges of the excavation. It is temporary in nature except when the replacement is of pavement included in the city’s two-year plan, in which case, it is considered full restoration.
TRENCH. An excavation in the pavement, with the excavation having a length equal to or greater than the width of the pavement.
UTILITY POLE. A pole that is used in whole or in part to facilitate telecommunications or electric service.
WIRELESS FACILITY. Equipment at a fixed location that enables the provision of wireless services between user equipment and a wireless service network, including equipment associated with wireless service, a radio transceiver, antenna, coaxial or fiber-optic cable, regular and backup power supplies, and a small wireless facility, but not including wireless support structures, wireline backhaul facilities, or cables between utility poles or wireless support structures, or not otherwise immediately adjacent to and 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, being 47 U.S.C. §§ 151 et seq., as amended, including cable service.
WIRELESS SUPPORT STRUCTURE. A new or existing structure in a right-of-way designed to support or capable of supporting small wireless facilities, as reasonably determined by the city.
(Ord. passed 9-14-2021; Ord. passed 5-24-2022)