§ 17.65  DEFINITIONS.
   The following words, terms and phrases, as used herein, have the following meanings unless the context clearly indicates otherwise.
   APPLICANT. Any requesting permission to or a right-of-way.
   CITY. The City of Bloomington, Minnesota.
   CITY MANAGEMENT COSTS. The actual costs incurred by the for public rights-of-way management; including, but not limited to, costs associated with registering seeking permission to or a right-of-way; issuing, processing and verifying applications; inspecting job sites and projects; maintaining, supporting, protecting or moving user during work; determining the adequacy of right-of-way ; restoring work inadequately performed after providing notice and opportunity to correct the work; mapping of “as- built” locations of located in rights-of-way; and revoking and performing all other functions required by this Article IV, including other costs the may incur in managing the provisions of this Article IV.
   CO-LOCATE or CO-LOCATION. 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 the city or other governmental unit.
   COMMISSION. Minnesota Public Utilities Commission.
   CONGESTED RIGHT-OF-WAY. A crowded condition in the subsurface of the that occurs when the maximum lateral spacing between existing underground does not allow for construction of new underground without using hand digging to expose the existing lateral 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 option:
      (1)   Individual project bond, including a “license and permit” bond;
      (2)   Cash deposit;
      (3)   Security of a form listed or approved under M.S. § 15.73, as it may be amended from time to time;
      (4)   Letter of credit, in a form acceptable to the ;
      (5)   Self-insurance, in a form acceptable to the ; or
      (6)   A blanket bond for projects within the , or other form of construction bond, for a time specified and in a form acceptable to the .
   DATA CONVERSION FEE. The fee covering the cost of converting each submission of data required by this Article IV into the electronic format, which shall apply separately to each set of data required, including without limitation the permit application, scaled drawings and mapping data.
   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 means the cost to achieve a level of as determined by the at the time the permit is issued, not to exceed the maximum shown in Plates 1 to 13 (located in Appendix A), set forth in Minnesota Rules parts 7819.9900 to 7819.9950.
   DEGRADATION FEE. The fee established at the time of permitting by the to recover costs associated with the decrease in the useful life of the right-of-way caused by the excavation, and which equals the .
   DELAY PENALTY. The penalty imposed as a result of unreasonable delays in the permitted work within the right-of-way including construction, excavation, obstruction, or as established by a permit.
   DIRECTOR. The Director of Public Works or designee.
   DISCONTINUED FACILITY. (1) A no longer in or physically disconnected from a portion of the operating , or from any other , that is in use or still carries ; or (2) a that is deemed discontinued by the .
   EMERGENCY. A condition that: (1) poses a clear and immediate danger to life or health, or of a significant loss of property; or (2) requires immediate repair or replacement in order to to a customer.
   EMERGENCY HOLE. Excavation of a necessitated by a condition creating a clear and immediate threat to life, health, safety or property or requiring immediate repair or replacement in order to to a customer.
   EQUIPMENT. Any tangible asset used to install, repair or maintain 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. A permit which must be obtained before a may in a right-of-way. An EXCAVATION PERMIT allows the holder to in that part of the right-of-way described in the permit.
   FACILITY or FACILITIES. Any tangible asset in the right-of-way required to provide . The term does not include facilities to the extent the location and relocation of such facilities are preempted by M.S. § 161.45, as it may be amended from time to time, governing utility facility placement in state trunk highways.
   HIGH DENSITY CORRIDOR. A designated portion of the within which having multiple and competing may be required to build and install in a common conduit system or other common structure.
   HOLE. An excavation in the right-of-way having a length that is equal to or less than the width or adjacent of the right-of-way for the section of the roadway where the work is occurring.
   OBSTRUCT. To place any tangible object upon a so as to hinder free and open passage over that or any part of the right-of-way for an aggregate period of eight hours or more in conjunction with the issuance of a .
   OBSTRUCTION PERMIT. A permit which must be obtained before a may a right-of-way, allowing the holder to hinder free and open passage over the specified portion of that right-of-way by placing described therein on the right-of-way for the duration specified in the permit including a blanket permit for a period of time and for types of work specified by the .
   PATCH or PATCHING. A method of replacement that is temporary in nature. A PATCH consists of: (1) the compaction of the subbase and aggregate base; and (2) the replacement, in kind, of the existing for a minimum of two feet beyond the edges of the excavation in all directions. A PATCH is considered full only when the is included in the five year project plan.
   PAVEMENT. Any type of improved surface that is within the and that is paved or otherwise constructed with paver blocks, bituminous, concrete, aggregate or gravel.
   PERMIT HOLDER. Any to whom a permit to or a right-of-way has been granted by the under this Article IV.
   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. Examples include:
      (1)   A business or commercial enterprise organized as any type or combination of corporation, limited liability company, partnership, limited liability partnership, proprietorship, association, cooperative, joint venture, carrier or utility and any successor or assignee of any of them;
      (2)   A social or charitable organization; and
      (3)   Any type or combination of political subdivision, which includes the executive, judicial or legislative branch of the state, a local government unit or a combination of any of them.
   POTHOLING. Excavating the area above an underground to determine the precise location of the underground without damage to it, before excavating within two feet of the marked location of the underground , as required in M.S. Chapter 216D, as it may be amended from time to time.
   PUBLIC RIGHT-OF-WAY. The area on, below or above a public roadway, highway, street, cartway, bicycle lane and public sidewalk in which the has an interest, including other dedicated rights-of-way for travel purposes and utility easements of the . 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.
   REGISTRANT. Any required to register pursuant to § 17.66 of this Article IV:
      (1)   Who has or seeks to have its or located in any right-of-way; or
      (2)   In any way occupies or uses, or seeks to occupy or use, the right-of-way or place its or in the right-of-way.
   RESTORE or RESTORATION. The process by which the right-of-way and surrounding area, including and foundation, is returned to the same condition and life expectancy that existed before excavation.
   RESTORATION COST. The amount of money paid to the by a to achieve the level of according to Plates 1 to 13 (located in Appendix A), which are attached hereto and incorporated herein.
   RIGHT-OF-WAY PERMIT. An , , pole attachment permit or a utility permit, or any combination thereof, depending on the context required by this Article IV .
   RIGHT-OF-WAY PERMIT PROCESSING FEE. The portion of the fee covering the cost of processing the permit application that is not subject to refund upon withdrawal of the application.
   RIGHT-OF-WAY USER. (1) A as defined by M.S. § 237.162, subd. 4, as it may be amended from time to time; or (2) a owning or controlling a in the that is used or is intended to be used for providing , and who has a right under the law, franchise or ordinance to use the .
   SERVICE or UTILITY SERVICE. Includes, but is not limited to: (1) those services provided by a public utility as defined in M.S. § 216B.02, subds. 4 and 6, as it may be amended from time to time; (2) services of a , including transporting of voice or data information; (3) natural gas or electric energy or telecommunications services provided by a governmental unit; (4) pipeline, community antenna television, fire and alarm communications, water, sewer, electricity, light, heat, cooling energy or power services; (5) the services provided by a corporation organized for the purposes set forth in M.S. § 301B.01, as it may be amended from time to time; (6) the services provided by a district heating or cooling system; and (7) cable communication systems as defined in M.S. Chapter 238, as it may be amended from time to time.
   SERVICE LATERAL. An underground 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 that is used in the removal of wastewater from a customer’s premises.
   SHARED VEHICLES. Vehicles including bicycles, scooters and cars that are IT enabled for public sharing, either electrified or manually propelled, docked or dockless.
   SMALL WIRELESS FACILITY. A wireless facility, as defined in M.S. § 237.162, 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 from 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 or 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 owning or controlling a in the right-of-way, or seeking to own or control a 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 Article IV, a cable communication system defined and regulated under M.S. Chapter 238, as it may be amended from time to time, and telecommunication activities related to providing natural gas or electric energy whether provided by a public utility as defined in M.S. § 216B.02, as it may be amended from time to time, a municipality, a municipal gas or power agency organized under M.S. Chapters 453 and 453A, as they may be amended from time to time, or a cooperative electric association organized under M.S. Chapter 308A, as it may be amended from time to time, are not TELECOMMUNICATIONS RIGHT-OF-WAY USERS.
   TEMPORARY SURFACE. The compaction of subbase and aggregate base and replacement, in kind, of the existing only to the edges of the excavation.
   TRENCH. An excavation having a length that is in excess of the width of the right-of-way for the sections of roadway where the work is occurring, including a directional bore.
   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.
   WIRELESS TELECOMMUNICATION FACILITY. A tangible asset used to provide wireless telecommunication or data , including all antennas, support devices, including ground , associated cables and attachments.
(Ord. 98-54, passed 11-16-1998; Ord. 2001-20, passed 6-18-2001; Ord. 2006-32, passed 7-24-2006; Ord. 2008-1, passed 1-14-2008; Ord. 2020-26, passed 7-6-2020; Ord. 2020-27, passed 7-27-2020)