APPLICANT: Any person requesting permission to excavate or obstruct a right of way.
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 such 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 Director of the Department of Public Works of the City, or her or his designee.
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: That portion of the City lying within and bounded by the following streets: Sixth Street, Front Street, Main Street, Valley Street, and Hobart Street.
EMERGENCY: A condition that: a) poses a clear and immediate danger to life or health, or of a significant loss of property; or b) 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 twelve inches (12").
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 to cover the costs as provided in Section 7-6-11 of this Chapter.
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 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.
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 Section 7-6-11 of this Chapter.
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.
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.
REGISTRANT: Any person who: a) has or seeks to have its equipment located in any right of way, or b) 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: a) those services provided by a public utility as defined in Minnesota Statutes 216B.02, subdivisions 4 and 6; b) telecommunications, pipeline, community antenna television, fire and alarm communications, water, electricity, light, heat, cooling energy, or power services; c) the services provided by a corporation organized for the purposes set forth in Minnesota Statutes 300.03; d) the services provided by a district heating or cooling system; and e) cable communications systems as defined in Minnesota Statutes chapter 238.
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 Minnesota Statutes chapter 238, 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 twelve (12) months or a potential purchaser of user of the equipment. (Ord. 217, 6-22-1998)