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 or as otherwise provided in this chapter.
APPLICANT. Any person requesting permission to collocate, install, or place a facility in a right- of-way or to excavate or obstruct a right-of-way.
CITY. The City of Dayton and its duly appointed agents and representatives.
CITY COST. The actual costs incurred by the city for managing rights-of-way including, but not limited to, costs associated with utility fees; registering of applicants; issuing, processing and verifying right-of-way permit applications; revoking right-of-way permits; inspecting job sites; creating and updating mapping systems; determining the adequacy of right-of-way restoration; restoring work inadequately performed; maintaining, supporting, protecting or moving user equipment during right-of-way work; budget analysis; record keeping; legal assistance; systems analysis; and performing all of the other tasks required by this chapter, including other costs the city may incur in managing the provisions of this chapter, except as expressly prohibited by law.
CITY INSPECTOR. Any person authorized by the city to carry out inspections related to the provisions of this chapter.
COLLOCATE. 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. 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 M.S. § 216D.04, Subd. 3, as it may be amended from time to time, over a continuous length in excess of 500 feet.
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 such right-of-way earlier than would be required if the excavation did not occur.
DEGRADATION COST. Subject to State Public Utilities Commission Rule 7819.1100 means 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 shown in plates 1 to 13, set forth in State Public Utilities Commission Rules parts 7819.9900 to 7819.9950.
DEGRADATION FEE. The estimated 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.
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 located 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.
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.
EXCAVATION PERMIT FEE. Money paid to the city by an applicant for an excavation permit fee to cover the costs as provided in this chapter.
FACILITY or FACILITIES. Any tangible asset in the right-of-way required to provide utility service, including, but not limited to, any type of cables, utility poles, wireless facilities, small wireless facilities, micro wireless facilities, wireless support structures, and wireline blackhaul facilities.
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 right-of-way users having multiple and competing facilities may be required to bill 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. The person or persons, or designee of such 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.
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 the 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 a right-of-way by placing equipment described therein on the right-of-way for the duration specified.
OBSTRUCTION PERMIT FEE. Money paid to the city by an applicant for an obstruction permit to cover the costs as provided in this chapter.
PATCH or PATCHING.
(1) A method of pavement replacement that is temporary in nature. A PATCH consists of:
(a) The compaction of the sub base 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 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 bituminous, concrete, aggregate or gravel.
PERFORMANCE AND RESTORATION BOND. Any of the following forms of security:
(1) Individual project bond;
(2) Cash deposit;
(3) Security in a form as listed or approved under M.S. § 15.73, Subd. 3, 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) Blanket bond for projects within the city or other form of construction bond for time specified in a form acceptable to the city.
PERMIT. Has the meaning given “right-of-way permit” in M.S. § 237.162, as it may be amended from time to time.
PERMITTEE. Any person to whom a permit to excavate or obstruct a right-of-way, or to install or place a facility in the 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 assignee of any of the foregoing, or any other legal entity which has or seeks to have equipment located in any right-of-way.
PROBATION. The status of a person that has not complied with the conditions of this chapter.
PROBATION 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 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. 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 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 located in the right-of-way and, accordingly, is required to register with the city.
RIGHT-OF-WAY PERMIT. Either the small wireless facility permit, excavation permit, or the obstruction permit, or all three or any combination of the three depending on the context, required by this chapter.
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 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.
RULES. Rule 7819.0050 through 7819.9950 adopted by the State Public Utility Commission.
SERVICE or UTILITY SERVICE. Includes:
(1) Those services provided by a public utility as defined in M.S. § 216B.02, Subd. 4 and 6, as they may be amended from time to time;
(2) Services of a telecommunications right-of-way user, including transporting of voice or data information;
(3) Services of cable communications systems as defined in M.S. Ch. 238, as it may be amended from time to time;
(4) Natural gas or electric energy or telecommunications services provided by the city;
(5) Services provided by a cooperative electric association organized under M.S. Ch. 308A, as it may be amended from time to time; and
(6) Water, sewer, steam, cooling and heating services.
SMALL WIRELESS FACILITY.
(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, 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 28 cubic feet in volume; or
(2) A micro wireless facility.
SMALL WIRELESS FACILITY PERMIT. The permit which, pursuant to this chapter, must be obtained before a person or entity may place a new small wireless facility or wireless support structure in rights-of-way. A small wireless facility permit allows the holder to place a small wireless facility or wireless support structure in the right-of-way as described in such permit.
SMALL WIRELESS FACILITY PERMIT FEE. Money paid to the city by an applicant for a small wireless facility permit to cover the costs as provided in this chapter.
SUPPLEMENTARY APPLICATION. An application made to excavate or obstruct more of the right-of-way or to place more or different facilities in the right-of-way, than allowed in, or to extend, a permit that has already been issued.
TEMPORARY SURFACE. The compaction of sub base 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 placement is of pavement included in the city’s two-year plan, in which case it is considered full restoration.
TRENCH. An excavation in the pavement, which the excavation having a length equal to or greater than the width of the pavement.
TELECOMMUNICATIONS RIGHT-OF-WAY USER.
(1) A person owning or controlling a facility in the right-of-way, or seeking to own or control the same, that is used or is intended to be used for transporting telecommunication or other voice or data information.
(2) For purposes of this chapter, a cable communications system defined and regulated under M.S. Ch. 238, as it may be amended from time to time; telecommunications 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 city, a municipal gas or power agency organized under M.S. Ch. 453 and 453A, as they may be amended from time to time; or a cooperative electric association organized under M.S. Ch. 308A, as it may be amended from time to time, are not included in this definition for purposes of this chapter. This definition shall be consistent with M.S. § 237.162, Subd. 4, as it may be amended from time to time.
TWO-YEAR PROJECT PLAN. Shows 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.
(1) Equipment at a fixed location that enables the provision of wireless series between user equipment and a wireless service network, including:
(a) Equipment associated with wireless service;
(b) A radio transceiver, antenna, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration; and
(c) A small wireless facility.
(2) Wireless facility does not include:
(a) Wireless support structures;
(b) Wireline blackhaul facilities; or
(c) Coaxial or fiber-optic cables (i) between utility poles or wireless support structure, or (ii) 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 a cable service under U. S. C., Title 47, § 522, clause (6).
WIRELESS SUPPORT STRUCTURES. 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 a local government unit.
WIRELINE BLACKHAUL FACILITY. A facility used to transport communications data by wire from a wireless facility to a communications network.
(Ord. 2004-09, passed 11-23-2004; Ord. 2019-02, passed 1-8-2019)