The following definitions apply to this chapter. References hereafter to "sections" are, unless otherwise specified, references to sections in this chapter. Defined terms remain defined terms, whether or not capitalized.
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; or a facility that is declared abandoned by the right- of-way user.
AESTHETICS (Also Known As CONCEAL OR CONCEALMENT OR STEALTH DESIGN): Refers to state-of-the-art design techniques used to blend the object into the surrounding environment and to minimize the negative aesthetic impacts.
APPLICANT: Any person requesting permission to excavate or obstruct a right-of-way.
CITY: The City of Baxter, Minnesota. "City" also means its elected officials, officers, employees, and agents.
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 that is owned privately or by a local government 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 Minnesota Statutes section 216D.04 subdivision 3 over a continuous length in excess of five hundred feet (500').
CONSTRUCTION PERFORMANCE BOND: Any of the following forms of security provided at permittee's option:
A. Cash deposit.
B. Irrevocable letter of credit in a form acceptable to the City.
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: The Department of Public Works of the City.
DEPARTMENT INSPECTOR: Any person authorized by the City to carry out inspections related to the provisions of this chapter.
DIRECTOR: The Director of the Department of Public Works of the City, or her or his designee.
EMERGENCY: A condition that: a) poses a danger to life or health or of a significant loss of property or b) requires immediate repair or replacement of facilities in order to service a customer.
EQUIPMENT: Any tangible asset used in the process of construction, installation, repair or maintenance of facilities in any right-of-way.
EXCAVATE: To dig into, directionally bore, or in any way remove or physically disturb or penetrate any part of a right-of-way.
FACILITY OR FACILITIES: Any tangible asset(s) in the right-of-way required to provide utility service, including wireless service. The term does not include facilities to the extent the location and relocation of such facilities are preempted by Minnesota Statutes section 161.45 governing utility facility placement in State trunk highways.
GROUND-MOUNTED EQUIPMENT: Equipment used in the operation of a wireless facility that is located on the ground and protrudes above the surface elevation of the ground.
HAZARDOUS MATERIALS: Shall be interpreted broadly and specifically includes, without limitation, asbestos containing materials, fuel, batteries or any hazardous substance, waste, or material as defined in any Federal, State or local environmental or safety laws or regulation including, but not limited to the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).
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 registrant to accept service and make decisions for that registrant regarding all matters within the scope of this chapter.
MICRO WIRELESS FACILITY: A small wireless facility that is no larger than twenty four inches (24") long, fifteen inches (15") wide, and twelve inches (12") high, and whose exterior antenna, if any, is no longer than eleven inches (11").
OBSTRUCT/OBSTRUCTION: 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.
PATCH OR PATCHING: 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 (2') beyond the edges of the excavation in all directions. Sidewalks and trails shall also be replaced full width.
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 Minnesota Statutes section 237.162.
PERMITTEE: Any person to whom a permit or small wireless facility 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.
POTHOLING: Excavating the area above an underground facility to determine the precise location of the underground facility without damage to it, before excavating within three feet (3') of the marked location of the underground facility.
PUBLIC 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 nonwire telecommunications or broadcast service. Public right-of-way includes outlots, parks, and drainage and utility easements.
PUBLIC UTILITY STRUCTURE: Includes a utility pole and any structure or pole supporting wires for communication or transmission of data or roadway lighting.
REGISTRANT: Any person who: a) has or seeks to have its equipment or facilities located in any right-of-way, or b) in any way occupies, or uses, or seeks to occupy or use the right-of-way or place its facilities or equipment in the right-of-way.
RESTORATION COST: The amount of money paid to the City by a permittee to achieve the level of restoration according to the City of Baxter's most recent revision of the "Public Works Policy Manual".
RESTORE OR RESTORATION: The process by which an excavated right- of-way and surrounding area including pavement foundation sidewalk and trail is returned to the condition in the City of Baxter's most recent revision of the "Public Works Policy Manual".
RIGHT-OF-WAY MANAGEMENT COSTS: A. The actual costs the City incurs in managing its public 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 equipment during public 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.
B. Management costs do not include:
1. Payment by a telecommunications right-of-way user for the use of the public right-of-way;
2. Unreasonable fees of a third-party contractor used by the City as part of managing its public rights-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 telecommunications right- of-way user, or revenue generated for a local government unit; or
3. The fees and cost of litigation relating to the interpretation of this definition or of Minnesota Statutes sections 237.162 or 237.163, or the City's fees and costs related to appeals taken pursuant to section 237.163, subdivision 5.
RIGHT-OF-WAY PERMIT: A permit to perform work in a public right- of-way, whether to excavate or obstruct the right-of-way.
RIGHT-OF-WAY USER: A. A telecommunications right-of-way user as defined by Minnesota Statutes section 237.162 subdivision 4; or
B. 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 LATERAL: An underground facility that is used to transmit, distribute, or furnish gas, electricity, communications, water, or sanitary sewer 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 premises.
SERVICE OR UTILITY SERVICE: Includes: a) those services provided by a public utility as defined in Minnesota Statutes 216B.02 subdivision 4 and 6; b) services of a telecommunications right- of-way user including transporting of voice, or data information; c) services of a cable communications system as defined in Minnesota Statutes chapter 238; d) natural gas or electric energy or telecommunications services provided by the City; e) services provided by a cooperative electric association organized under Minnesota Statutes chapter 308A; and f) water, and sewer, including service laterals, steam, cooling or heating services.
SMALL WIRELESS FACILITY: A. A wireless facility that meets both of the following qualifications:
1. Each antenna is located inside an enclosure of no more than six (6) cubic feet in volume or, in the 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 (6) cubic feet; and
2. 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 twenty eight (28) cubic feet in volume; or
B. A micro wireless facility.
SMALL WIRELESS FACILITY PERMIT: A right-of-way permit that includes placing a new wireless support structure or collocating small wireless facilities on wireless support structures in the public right-of-way.
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.
TELECOMMUNICATION RIGHT-OF-WAY USER: 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 transporting telecommunication or other voice or data information. For purposes of this chapter, a cable communication system defined and regulated under Minnesota Statutes chapter 238, and telecommunication activities related to providing natural gas or electric energy services whether provided by a public utility as defined in Minnesota Statutes section 216B.02, a municipality, a municipal gas or power agency organized under Minnesota Statutes chapters 453 and 453A or a cooperative electric association organized under Minnesota Statutes chapter 308A, are not telecommunications right-of-way users.
TEMPORARY SURFACE: The compaction of subbase and aggregate base and replacement, in kind, of the existing pavement only to the edges of the excavation.
TRENCH: An excavation in the right-of-way having a length equal to or greater than the width of the right-of-way for the sections of roadway where the work is occurring, including a directional bore.
UTILITY POLE: A pole that is used in whole or in part to facilitate telecommunications or electric service.
WIRELESS FACILITY: A. "Wireless facility" means equipment at a fixed location that enables the provision of wireless services between user equipment and a wireless service network, including:
1. Equipment associated with wireless service;
2. A radio transceiver, antenna, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration; and
3. A small wireless facility.
B. "Wireless facility" does not include:
1. Wireless support structures;
2. Wireline backhaul facilities; or
3. Coaxial or fiber-optic cables: a) between utility poles or wireless support structures, or b) 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 United States Code, title 47, section 522, clause (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 the City.
WIRELINE BACKHAUL FACILITY: A facility used to transport communications data by wire from a wireless facility to a communications network. (Ord. 2019-003, 3-19-2019)