The following definitions apply in this chapter and shall have the meanings ascribed to them. 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 any other facility that is in use or still carries service. A facility is not abandoned unless declared so by the owner of the facility.
APPLICANT: Any person requesting permission to excavate, place a utility service or obstruct a right-of-way.
AS BUILT RECORD DRAWINGS: The plan set incorporating all changes made in the field during construction to the approved construction plan drawings.
CITY: The City of Lakeville, Minnesota. For purposes of section 7-15-28 of this chapter, City means its elected officials, officers, employees and agents.
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 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 Minnesota Statutes section 216D.04, subdivision 3, over a continuous length in excess of five hundred feet (500').
CONSTRUCTION PLANS: A plan set proposing the construction design for streets, water main, sanitary sewer, storm sewer, drain tile, sidewalks, trails, small utility conduit crossings and service laterals.
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 Minnesota Rules 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 Minnesota Rules parts 7819.9900 to 7819.9950.
DELAY PENALTY: The penalty imposed as a result of unreasonable delays in right-of-way excavation, obstruction, patching, or restoration as established by permit. A delay penalty will not be imposed if the delay in project completion is due to circumstances constituting force majeure or when work is prohibited as unseasonable or unreasonable under section 7-15-16 of this chapter.
EMERGENCY: A condition that: a) immediately endangers the life or safety of persons; b) will cause an immediate threat of significant loss or injury to property; or c) requires immediate repair or replacement in order to restore service to customers.
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: The permit issued by the City, prior to any work commencing, authorizing the permittee to excavate in a right-of-way as specifically described in the permit.
EXCAVATION PERMIT FEE: Money paid to the City by a permittee to cover the costs as provided in section 7-15-12 of this chapter.
FACILITY OR FACILITIES: Any tangible asset, including equipment, in the right-of-way which is required to provide utility service.
FIVE YEAR CIP: Identifies projects adopted by the City for construction within the next five (5) years.
HIGH DENSITY CORRIDOR: A designated portion of the 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 having a length less than the width of the roadway where the work is occurring.
LOCAL REPRESENTATIVE: A local person or persons, or designee of such person or persons authorized by a registrant to accept legal notice or service and to accept communications and to make decisions for that registrant regarding all matters within the scope of this chapter.
MANAGEMENT COSTS: The actual costs incurred by the City for managing its public rights-of-way, including, but not limited to, costs 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, including turf, sidewalks, trails and pavement, after providing notice and the opportunity to correct the work; revoking right-of-way or small wireless facility permits; and creating and updating mapping systems. 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 as part of managing public right-of-way, including but not limited to any third-party contractor fee tied to or based upon customer counts, access lines, revenue generated by the telecommunications right-of-way user, or revenue generated for the City; or the fees and cost of litigation relating to the interpretation of Minnesota Session Laws 2017, chapter 94, Minnesota Session Laws 1997, chapter 123; Minnesota Statutes section 237.162 or 237.163 or any ordinance enacted under those sections, or the City fees and costs related to appeals taken pursuant to section 7-15-30 of this chapter.
MAPPING INFORMATION: The information required in section 7-15-23 of this chapter.
MICRO WIRELESS FACILITY: A small wireless facility that is no larger than twenty four inches (24") long, fifteen inches (15") wide, and twelve inches (12") high, and whose exterior antenna, if any, is no longer than eleven inches (11").
OBSTRUCT: To place any tangible 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 issued by the City, prior to any obstruction commencing, authorizing the permittee to obstruct a right-of-way as specifically described in the permit, for the duration specified therein.
OBSTRUCTION PERMIT FEE: Money paid to the City by a permittee to cover the costs as provided in section 7-15-12 of this chapter.
PATCH OR PATCHING: A method of roadway surface replacement or restoration that consists of: a) the compaction of the subbase and aggregate base; and b) the replacement, in-kind, of the existing roadway surface for a minimum of two feet (2') beyond the edges of the excavation in all directions.
PAVEMENT: Any type of improved surface that is within the right- of-way and that is paved or otherwise constructed with bituminous, concrete, aggregate or gravel.
PERMIT: Has the meaning given "right-of-way permit" in Minnesota Statutes section 237.162 and includes a small wireless facility permit.
PERMITTEE: Any person to whom an excavation permit or obstruction permit, or small wireless facility permit has been issued by the City under this chapter.
PERSON: Any 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.
PUBLIC RIGHT-OF-WAY OR RIGHT-OF-WAY: The area on, below, or above any public roadway, street, path/trail/sidewalk, highway, easement or similar property or waters within the City owned by or under control of the City, or dedicated or otherwise conveyed to the City for general public use, including, but not limited to, any riparian right, which, consistent with the purposes for which it was created, obtained or dedicated, may be used for the purpose of installing, operating and maintaining utility service facilities. No reference herein to a "public right-of-way" or "right-of-way" shall be deemed to be a representation or guarantee by the City that its interest or other right to control or use such property is sufficient to permit its use for the purpose of installing, operating and maintaining utility service or small wireless facilities.
PUBLIC RIGHT-OF-WAY USER: A. A telecommunications right-of-way user as defined by Minnesota Statutes section 237.162, subdivision 4; or
B. A person or entity 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 right-of-way.
REGISTRANT: Any person who: a) has or seeks to have its facilities 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 place its facilities in the right-of-way.
RESTORATION COST: The amount of money paid to the City by a permittee to achieve restoration requirements in accordance with plates 1 to 13, set forth in Minnesota Rules parts 7819.9900 to 7819.9950.
RESTORE OR RESTORATION: The process, including patching, by which a disturbed right-of-way and surrounding area, including pavement and foundation, is returned to the same condition and life expectancy that existed before it was disturbed.
RIGHT-OF-WAY PERMIT: Has the same meaning as "permit", defined herein and includes a small wireless facility permit.
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.
SERVICE OR UTILITY SERVICE: A service provided by: a) a public utility as defined in Minnesota Statute 216B.02, subds. 4 and 6; b) a telecommunications right-of-way user, including transporting of voice or data information; c) a cable communication system as defined in Minnesota Statute 238; d) natural gas or electric energy or telecommunications services provided by the City; e) services provided by a cooperative electric association organized under Minnesota Statute 308A; and f) water and sewer, including services laterals, drain tile, community antenna television, fire and alarm communications, steam, cooling or heating services.
SMALL WIRELESS FACILITY: A. A wireless facility that meets both of the following qualifications:
1. Each antenna is located inside an enclosure of no more than six (6) 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 (6) cubic feet; and
2. All other wireless equipment associated with the small wireless facility provided such equipment is, in aggregate, no more than twenty eight (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 connection of power and other services, and any equipment concealed from public view within or behind an existing structure or concealment; or
B. A micro wireless facility.
SMALL WIRELESS FACILITY PERMIT: The permit issued by the City, prior to any work commencing, authorizing the permittee to collocate a small wireless facility or install and maintain a wireless support structure in a right-of-way as specifically described in the permit.
SMALL WIRELESS FACILITY PERMIT FEE: Money paid to the City by the permittee to cover the costs as provided in section 7-15-12 of this chapter.
SUBDIVISION: The separation of an area, parcel, or tract of land under single ownership into two (2) or more parcels, tracts, lots, or long term leasehold interests where the creation of the leasehold interest necessitates the creation of public utilities and/or streets and roads, for residential, commercial, industrial, or other use or any combination thereof.
SUPPLEMENTARY APPLICATION: An application made to excavate, obstruct or install wireless support structures or small wireless facilities in more of the 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 the same, which is used or is intended to be used for providing wireless service, or transporting telecommunication or other video, voice or data information. For purposes of this chapter, a cable communication system defined and regulated under Minnesota Statutes chapter 238, and telecommunications activities related to providing natural gas or electric energy services, a public utility as defined in Minnesota Statutes section 216B.02, a Municipality, a Municipal gas or power agency organized under Minnesota Statutes chapters 453 and 453A, or a cooperative electric association organized under Minnesota Statutes chapter 308A, are not telecommunications right-of-way users for purposes of this chapter, except to the extent these entities are offering wireless services.
TRENCH: An excavation having a length equal to or greater than the width of the roadway where the work is occurring.
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: 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. Wireless facility does not include: a) wireless support structures, b) wireline backhaul facilities, or c) coaxial or fiber-optic cables between utility poles or wireless support structures, or 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 United States Code, title 47, section 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 City.
WIRELINE BACKHAUL FACILITY: A facility used to transport communications data by wire from a wireless facility to a communications network. (Ord. 990, 12-4-2017; amd. Ord. 1054, 11-1-2021)