For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPLICANT. Any person requesting permission to excavate or obstruct a right-of-way.
CITY. The City of Cologne, Minnesota. For purposes of § 91.27, CITY means its elected officials, officers, employees, and agents.
CITY COST. The actual cost incurred by the city for public rights-of-way management; including, but not limited to, costs 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 equipment during public right-of-way work; determining the adequacy of right-of-way restoration; restoring work inadequately performed; and revoking right-of-way permits and performing all other tasks required by this chapter, including other costs the city may incur in managing the provisions of this chapter.
DEGRADATION. The accelerated depreciation 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 did not occur.
DEGRADATION COST. Money paid to the city to cover the cost associated with a decrease in the useful life of a public right-of-way caused by excavation.
DEPARTMENT. The Department of Public Works of the city.
DEPARTMENT INSPECTOR. Any person authorized by the Director to carry out inspections related to the provisions of this chapter.
DIRECTOR. The city or the City Clerk/Treasurer.
DISRUPTIVE FEE. The penalty imposed as a result of the adverse impact on city citizens and others who are required to alter travel routes and times resulting from right-of-way obstructions.
DOWNTOWN BUSINESS DISTRICT. The portion of the city abutting State Highway 284 bounded by the following streets: between State Highway No. 212 and Benton Meadow Drive.
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.
EQUIPMENT. Any tangible thing in any right-of-way; but shall not include boulevard plantings or gardens planted or maintained in the right-of-way between a person’s property and the street curb.
EXCAVATE. To dig into or in any way remove or physically disturb or penetrate any part of a right-of-way, except horticultural practices of penetrating the boulevard area to a depth of less than 12 inches.
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 the permit.
EXCAVATION PERMIT FEE. Money paid to the city by an applicant to cover the costs as provided in § 91.10.
IN. When used in conjunction with RIGHT-OF-WAY, means over, above, in, within, on, or under a right-of-way.
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 that registrant regarding all matters within the scope of this chapter.
OBSTRUCT. To place any object in a 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 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 therein.
OBSTRUCTION PERMIT FEE. Money paid to the city by a registrant to cover the costs as provided in § 91.10.
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. Any natural or corporate person, business association, or other business entity, including, but not limited to, a partnership, a sole proprietorship, a political subdivision, a public or private agency of any kind, a utility, a successor or assign of any of the foregoing, or any other legal entity which has or seeks to have equipment in any right-of-way.
REGISTRANT. Any person who:
(1) Has or seeks to have its 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 any equipment in the right-of-way.
REPAIR. The temporary construction work necessary to make the right-of-way useable for travel.
RESTORATION BOND. A performance bond, a letter of credit, or cash deposit posted to ensure the availability of sufficient funds to assure that right-of-way excavation and obstruction work is completed in both a timely and quality manner.
RESTORATION COST. An amount of money paid to the city by a permittee to cover the cost of restoration.
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 that existed before the commencement of the work.
RIGHT-OF-WAY. The surface and space above and below a public roadway, highway, street, cartway, bicycle lane, and public sidewalk in which the city has an interest, including other dedicated rights-of-way for travel purposes and utility easements of the city.
RIGHT-OF-WAY PERMIT. Either the excavation permit or the obstruction permit, or both, depending on the context, required by this chapter.
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 they may be amended from time to time;
(2) Telecommunications, pipeline, community antenna television, fire and alarm communications, water, electricity, light, heat, cooling energy, or power services;
(3) 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;
(4) The services provided by a district heating or cooling system; and
(5) Cable communications systems as defined in M.S. Chapter 238, as it may be amended from time to time.
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 RIGHTS-OF-WAY USER. A person owning or controlling a facility in the public right-of-way, or seeking to own or control a facility in the public 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 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 are not TELECOMMUNICATIONS RIGHT-OF-WAY USERS.
UNUSABLE EQUIPMENT. Equipment in the right-of-way which has remained unused for one year and for which the registrant is unable to provide proof that it has either a plan to begin using it within the next 12 months or a potential purchaser or user of the equipment.
(Ord. 152, passed 8-7-2000)