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 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.
APPLICANT. Any person requesting permission to excavate or obstruct a right-of-way.
CITY. The City of Braham, Minnesota.
CITY MANAGEMENT COSTS. The actual costs incurred by the city for public rights-of-way management, including, but not limited to, costs associated with registering applicants seeking permission to excavate or obstruct a right-of-way; issuing, processing, and verifying right-of-way 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 opportunity to correct the work; mapping of “as-built” locations of facilities located in rights-of-way; and revoking right-of-way permits, and performing all other functions required by this chapter, including other costs the city may incur in managing the provisions of this chapter.
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. Minnesota 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 the Planner’s 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 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.
DATA CONVERSION FEE. The fee covering the city’s cost of converting each submission of data required by this chapter into the city’s 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 the 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, 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 set forth in Minn. Rules parts 7819.9900 through 7819.9950.
DEGRADATION FEE. The 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 the permitted work within the right-of-way including construction, excavation, obstruction, patching, or restoration as established by a permit.
DEPARTMENT. The Department of Public Works of the city.
DIRECTOR. The Director of the Department of Public Works of the city, or his or her designee.
DISCONTINUED FACILITY.
(1) 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.
(2) A facility that is deemed discontinued by the right-of-way user.
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 restore service to a customer.
EMERGENCY HOLE. Excavation of a hole 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 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. A permit which must be obtained before a person may excavate in a right-of-way. An EXCAVATION PERMIT allows the holder to excavate in that part of the right-of-way described in the permit.
EXCAVATION PERMIT FEE. Money paid to the city by an applicant to cover the costs as provided in § 71.05(A).
FACILITY OR FACILITIES. Any tangible asset in the right-of-way required to provide utility service. The term does not include facilities to the extent the location and relocation of the 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.
FIVE-YEAR PROJECT PLAN. Shows projects adopted by the city for construction within the next five years.
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 right-of-way having a length that is equal to, or less than, the width pavement or adjacent pavement of the right-of-way for the section of the roadway where the work is occurring.
LOCAL REPRESENTATIVE. A local person or persons, or designee of the person or persons, authorized by a registrant to accept service and to make decisions for the registrant regarding all matters within the scope of this chapter.
MANAGEMENT COSTS. The actual costs the city incurs in managing its rights-of-way, including the 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 Minnesota Session Laws 1997, Chapter 123; M.S. §§ 237.162 or 237.163, as they may be amended from time to time; or any ordinance enacted under those sections, or the city fees and costs related to appeals taken pursuant to § 71.14.
OBSTRUCT. To place any tangible object upon a public right-of-way 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 right-of-way permit.
OBSTRUCTION PERMIT. A permit which 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 by placing equipment 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 Planner.
OBSTRUCTION PERMIT FEE. Money paid to the city by a permittee to cover the costs as provided in § 71.05(O).
PATCH or PATCHING. A method of pavement 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 pavement for a minimum of two feet beyond the edges of the excavation in all directions.
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 paver blocks, bituminous, concrete, aggregate, or gravel.
PERMIT. Has the meaning given to RIGHT-OF-WAY PERMIT in M.S. § 237.162, as it may be amended from time to time.
PERMIT HOLDER. Any person to whom a permit to excavate or obstruct a right-of-way has been granted by the city under this chapter.
PERMITEE. 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 non-profit, 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.
PLANNER. The city’s Planner or designee.
POTHOLING. Excavating the area above an underground facility to determine the precise location of the underground facility without damage to it, before excavating within two feet of the marked location of the underground facility, as required in M.S. Chapter 216D, as it may be amended from time to time.
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.
PUBLIC RIGHT-OF-WAY or RIGHT-OF-WAY. The area on, below, or above a public roadway, highway, street, cart way, 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.
(1) Who has, or seeks to have, his or her facilities or equipment 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 his or her facilities or equipment in the right-of-way.
RESTORE or RESTORATION. The process by which the 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 permit holder to achieve the level of restoration according to city.
RIGHT-OF-WAY PERMIT. An excavation permit, obstruction permit, or a utility permit, or any combination thereof, depending on the context required by this chapter.
RIGHT-OF-WAY PERMIT PROCESSING FEE. The portion of the right-of-way permit fee covering the city’s cost of processing the permit application that is not subject to refund upon withdrawal of the application.
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 public right-of-way that is used, or is intended to be used, for providing utility service, and who has a right under the law, franchise, or this chapter to use the public right-of-way.
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 telecommunications right-of-way user, 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 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.
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 an enclosure; and
(2) All other wireless equipment associated with the SMALL WIRELESS FACILITY, provided the 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. 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, or transporting telecommunication or other voice or data information. For purposes of this chapter, 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 services, 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 except to the extent the 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.
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.
TWO-YEAR PROJECT PLAN. Projects adopted by the city for construction within the next two years.
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, wire line 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, as amended, being 47 U.S.C. 521, 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.
WIRELESS TELECOMMUNICATION FACILITY. A tangible asset used to provide wireless telecommunication or data services, including all antennas, support devices, equipment including ground equipment, associated cables, and attachments.
(Ord. 277, passed 11-13-2017)