The following definitions apply in this chapter of this code. 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. A FACILITY is not abandoned unless declared so by the RIGHT-OF-WAY USER.
ACCESS. Any physical connection to public or private property over right-of-way for residential, agricultural, commercial, or municipal highway purposes.
ACCESS PERMIT. The PERMIT which must be obtained from the COUNTY before any PERSON may make a physical connection to a COUNTY road or highway.
APPLICANT. Any PERSON requesting permission to EXCAVATE or OBSTRUCT a right- of-way.
CHAPTER. This Chapter 93.
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 COUNTY or other governmental unit.
COMMISSION. The 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, over a continuous length in excess of 500 feet.
CONSTRUCTION. The general PERMIT requirements established by the DIRECTOR for performance, materials, and workmanship in accordance with applicable design standards, consistent with the Transportation Plan, for the permitted work or FACILITY to preserve public health, safety, and welfare, and right-of-way aesthetics and flexibility.
CONSTRUCTION PERFORMANCE BOND.
(1) Any of the following forms of security provided at PERMITTEE'S option, in an amount that shall cover costs to reasonably RESTORE the right-of-way to the condition that existed before the excavation and costs that the COUNTY estimates will be incurred if the RIGHT-OF-WAY USER fails to perform under the bond:
(a) Individual project bond;
(b) Cash deposit;
(c) Security of a form listed or approved under M.S. § 15.73, subd. 3;
(d) Letter of credit, in a form acceptable to the COUNTY;
(e) Self-insurance, in a form acceptable to the COUNTY; or
(f) A blanket bond for projects within the COUNTY, or other form of CONSTRUCTION BOND, for a time specified and in a form acceptable to the COUNTY.
(2) The amount of the bond does not include the indirect costs of litigation and attorney fees.
COUNTY. The County of Carver, Minnesota. For purposes of § 93.29, COUNTY means its elected officials, officers, employees, and agents.
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, the cost to achieve a level of RESTORATION, as determined by the COUNTY 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.
DEGRADATION FEE. The estimated fee established at the time of permitting by the COUNTY 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. The Carver County Division of Public Works.
DEPARTMENT INSPECTOR. Any PERSON authorized by the COUNTY to carry out inspections related to the provisions of this chapter.
DIRECTOR. The DIRECTOR of the DEPARTMENT or her or his designee.
EMERGENCY. A condition that:
(1) Poses a danger to life or public 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 PUBLIC 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. The DIRECTOR will prescribe the appropriate PERMIT forms to be filed for the work type proposed to be undertaken by the REGISTRANT.
EXCAVATION PERMIT FEE. Money paid to the county by an APPLICANT to cover the costs as provided in § 93.13.
FACILITY or FACILITIES. Any tangible asset in the right-of-way required to provide UTILITY SERVICE which includes, without limitation, any pipes, conduit, wires, cables, amplifiers, transformers, fiber optic lines, antennae, poles, ducts, fixtures and appurtenances, and other like EQUIPMENT used in connection with transmitting, receiving, distributing, offering, and providing broadband, utility, and other SERVICES, and including SMALL WIRELESS FACILITIES.
FIVE-YEAR PROJECT PLAN. Shows projects adopted by the COUNTY 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 PAVEMENT, with the excavation having a length less than the width of the PAVEMENT.
INCREMENTAL COST. The additional cost only of upsizing additional materials (conduit, vaults, location tape, building materials) with no additional costs allowed for the labor (incremental engineering, incremental design, placement and assembly of incremental conduit, placement of incremental vaults, interconnection, testing, and documentation). INCREMENTAL COST does not include roadway or sidewalk RESTORATION or paving beyond that which is specifically required for the placement of additional vaults within paved or concrete surfaces outside of the original project scope.
LANDSCAPING. Vegetative plantings, gardens, in-ground sprinkler systems, small field drains, and related features.
LANDSCAPING PERMIT. A PERMIT issued by the county authorizing the PERMITTEE to landscape or make LANDSCAPING improvements within the COUNTY right-of-way as specifically described in the PERMIT.
LOCAL REPRESENTATIVE. A local PERSON or PERSONS, or designee of such PERSON or PERSONS, authorized by a REGISTRANT to accept legal notice or service; accept communications; and make decisions for that REGISTRANT regarding all matters within the scope of this chapter.
MANAGE THE PUBLIC RIGHT-OF-WAY. The authority to do activities, including, but not limited to, any or all of the following activities:
(1) Require registration;
(2) Require CONSTRUCTION PERFORMANCE BONDS and insurance coverage;
(3) Establish installation and CONSTRUCTION standards;
(4) Establish and define location and relocation requirements for EQUIPMENT and FACILITIES;
(5) Establish coordination and timing requirements;
(6) Require TELECOMMUNICATIONS RIGHT-OF-WAY USERS to submit, henceforth required by the COUNTY, project data reasonably necessary to allow the COUNTY to develop a right-of-way mapping system including GIS system information;
(7) Require TELECOMMUNICATION RIGHT-OF-WAY USERS to submit, upon request of the COUNTY, existing data on the location of the user's FACILITIES occupying the PUBLIC RIGHT-OF-WAY within the COUNTY. The data may be submitted in the form maintained by the user in a reasonable time after receipt of the request based on the amount of data requested;
(8) Establish right-of-way permitting requirements for excavation and obstruction;
(9) Establish removal requirements for abandoned EQUIPMENT or FACILITIES, if required in conjunction with other right-of-way repair, excavation, or CONSTRUCTION; and
(10) Impose reasonable penalties for unreasonable delays in CONSTRUCTION.
MANAGEMENT COSTS. The actual costs the COUNTY 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 PERMIT applications; inspecting job sites and RESTORATION projects; maintaining, supporting, protecting, or moving user FACILITIES 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 PERMITS. MANAGEMENT COSTS do not include payment by a TELECOMMUNICATIONS RIGHT-OF-WAY USER for the use of the right- of-way; unreasonable fees including fees tied to or based on customer counts, access lines, or revenues generated by the right-of-way or for the COUNTY; the fees and cost of litigation relating to the interpretation of Minnesota Session Laws 1997, Chapter 123; M.S. §§ 237.162 or 237.163; or any ordinance enacted under those sections; or the COUNTY fees and costs related to appeals taken pursuant to § 93.31 of this chapter.
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. To place any tangible object in a PUBLIC RIGHT-OF-WAY so as to hinder free and open passage over that or any part of the right-of-way.
OBSTRUCTION PERMIT. The PERMIT which, pursuant to this chapter, must be obtained before a PERSON may OBSTRUCT any part of a right-of-way, allowing the holder to hinder free and open passage over the specified portion of that right-of-way by placing any tangible object thereon for the duration specified therein. The DIRECTOR will prescribe the appropriate PERMIT forms to be filed for the work type proposed to be undertaken by the REGISTRANT. Obstructions include, but are not limited to, activities including special events, UTILITY SERVICE day to day operations, maintenance activities, tree trimming, and other miscellaneous activity in the PUBLIC RIGHT-OF- WAY.
OBSTRUCTION PERMIT FEE. Money paid to the COUNTY by a PERMITTEE to cover the costs as provided in § 93.13 and required to obtain the PERMIT.
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 county'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. The same meaning given in RIGHT-OF-WAY PERMIT in M.S. § 237.162, and includes, but is not limited to, the various PERMITS defined in this chapter:
(1) UTILITY PERMIT;
(2) OBSTRUCTION PERMIT;
(3) Moving transportation PERMIT;
(4) ACCESS PERMIT, including residential or field and street or commercial;
(5) Excavation or grading PERMIT;
(6) Special event PERMIT; and
(7) LANDSCAPING PERMITS.
PERMITTEE. Any PERSON to whom a PERMIT to EXCAVATE or OBSTRUCT a right-of- way has been granted by the COUNTY 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, including, but not limited to:
(1) A business or commercial enterprise, however organized;
(2) A social charitable organization; and
(3) Any type or combination of political subdivision of a state or local government.
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. The area on, below, or above a public roadway, highway, street, cartway, bicycle lane, or public sidewalk in which the COUNTY has an interest, including other dedicated rights-of-way for travel purposes and utility easements of the COUNTY. A PUBLIC RIGHT-OF-WAY does not include the airwaves above a right-of-way with regard to cellular or other nonwire telecommunications or broadcast SERVICE. The lands described by an easement, deed, dedication, title, law or occupation of a road, highway, street, cartway, bicycle lane, or sidewalk are included as PUBLIC RIGHT-OF-WAY.
REGISTRANT. Any PERSON who:
(1) Has or seeks to have its EQUIPMENT or FACILITIES located within any PUBLIC RIGHT-OF-WAY; or
(2) In any way, occupies or uses, or seeks to occupy or use, the PUBLIC RIGHT- OF-WAY or place its FACILITIES or EQUIPMENT in the PUBLIC RIGHT-OF-WAY.
REGISTRATION FEE. Money paid to the COUNTY by a REGISTRANT for obtaining and reviewing REGISTRANT information.
RESTORATION COST. The amount of money paid to the COUNTY by a PERMITTEE to achieve the level of RESTORATION according to Plates 1 to 13 of Minnesota Public Utilities Commission Rules.
RESTORE OR RESTORATION. The process by which an excavated PUBLIC RIGHT-OF- WAY and surrounding area, including PAVEMENT and foundation, and turf or vegetation, is returned to the same condition and life expectancy that existed before excavation.
RIGHT-OF-WAY PERMIT. A PERMIT to perform work in a PUBLIC RIGHT-OF-WAY as required by this chapter.
RIGHT-OF-WAY PERMIT FEES. Money paid to the COUNTY by an APPLICANT to cover the costs provided in § 93.13 associated with the issuance of any PUBLIC RIGHT-OF-WAY PERMIT.
RIGHT-OF-WAY USER. Either:
(1) A TELECOMMUNICATIONS RIGHT-OF-WAY USER as defined by M.S. § 237.162, subd. 4; 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; or
(3) Any PERSON or entity to whom a PERMIT to use the PUBLIC RIGHT-OF-WAY has been issued by the COUNTY.
SERVICE or UTILITY SERVICE. Includes:
(1) Those SERVICES provided by a public utility as defined in M.S. § 216B.02, subds. 4 and 6;
(2) SERVICES of a TELECOMMUNICATIONS RIGHT-OF-WAY USER, including transporting of voice or data information;
(3) SERVICES of a cable communications system as defined in M.S. Chapter 238;
(4) Natural gas or electric energy or telecommunications SERVICES provided by the COUNTY;
(5) SERVICES provided by a cooperative electric association organized under M.S. Chapter 308A;
(6) Water and sewer, including SERVICE LATERALS, steam, cooling or heating SERVICES; and
(7) Privately-owned UTILITY SERVICES, including drain tiles.
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. Either:
(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 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 cubic feet; and
(b) 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; or
(2) A MICRO WIRELESS FACILITY.
SUPPLEMENTARY APPLICATION. An application made to EXCAVATE or OBSTRUCT more of the PUBLIC 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 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, and telecommunication activities related to providing natural gas or electric energy SERVICES whether provided by a public utility as defined in M.S. § 216B.02, a municipality, a municipal gas or power agency organized under M.S. Chapters 453 and 453A, or a cooperative electric association organized under M.S. Chapter 308A, are not TELECOMMUNICATIONS RIGHT-OF-WAY USERS for 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 COUNTY'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.
TWO-YEAR PROJECT PLAN. Shows projects adopted by the COUNTY for CONSTRUCTION within the next two years.
UTILITY PERMIT. A PERMIT issued by the COUNTY authorizing the PERMITTEE to place a SERVICE or UTILITY SERVICE, including a SMALL WIRELESS FACILITY, in the right-of-way as specifically described in the PERMIT.
UTILITY POLE. A pole that is used in whole or 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:
(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, but not including:
(a) WIRELESS SUPPORT STRUCTURES; or
(b) WIRELESS BACKHAUL FACILITIES; or
(c) Coaxial or fiber-optic cables:
1. Between UTILITY POLES or WIRELESS SUPPORT STRUCTURES; or
2. That are 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, including cable SERVICE under 47 USC 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 COUNTY.
WIRELINE BACKHAUL FACILITY. A FACILITY used to transport communications data by wire from a WIRELESS FACILITY to a communications network.
(Ord. 91-2019, passed 2-5-19)