The following definitions apply in this chapter. 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.
APPLICANT: Any person requesting permission to excavate or work within a right-of-way.
CITY: The City of Moorhead, Minnesota. For purposes of section 8-4-27 of this chapter, City means its elected officials, officers, employees and agents.
COMMISSION: The State Public Utilities Commission.
CONGESTED RIGHT-OF-WAY: A crowded condition in 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, subd. 3, over a continuous length in excess of five hundred feet (500').
CONSTRUCTION PERFORMANCE BOND: Any of the following forms of security provided at permittee's option:
A. Individual project bond;
B. Cash deposit;
C. Security of a form listed or approved under Minnesota Statutes section 15.73, subd. 3;
D. Letter of credit, in a form acceptable to the City;
E. Self-insurance, in a form acceptable to the City;
F. A blanket bond for projects within the City, or other form of construction bond, for a time specified and in a form acceptable to the City.
DEGRADATION: A decrease in the useful life of infrastructure within the right-of-way caused by excavation in or disturbance of the right-of-way, resulting in the need to reconstruct such infrastructure 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 based on City standards and specifications, not to exceed the maximum restoration shown in standard plates 1 to 13, set forth in Minnesota 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.
DELAY PENALTY: The penalty imposed as a result of unreasonable delays in right-of-way excavation, patching, or restoration as established by permit.
DEPARTMENT: The Engineering Department of the City.
DEPARTMENT INSPECTOR: Any person authorized by the City to carry out inspections related to the provisions of this chapter.
DIRECTOR: The Director of the Engineering Department of the City, or his or her designee.
EMERGENCY: A condition that: a) poses a danger to life or health or of a significant loss of property; or b) 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/EXCAVATION: To dig into or in any way remove or physically disturb or penetrate any part of a right-of-way.
EXCAVATION AREA: The area affected by any excavation activity, including the staging area for storage of equipment and materials, located in either the roadway or boulevard.
FACILITY OR FACILITIES: Any tangible asset in the right-of-way required to provide utility service.
FIVE YEAR PROJECT PLAN: Shows projects adopted by the City for construction within the next five (5) years.
HIGH DENSITY UTILITY 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.
INFRASTRUCTURE: A system of improvements installed to provide basic services to properties, including transportation, utilities and other services. Infrastructure includes, but is not limited to, streets, sidewalks, trails, driveways, utility mains and services, utility poles, cables and conduit, utility boxes, turf/landscaping, and all appurtenances necessary to provide and maintain services.
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.
MANAGEMENT COSTS: The actual costs the City incurs in managing its rights-of-way, including such costs, if incurred, as those associated with registering applicants; issuing, processing, and verifying 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 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, the fees and cost of litigation relating to the interpretation of 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 8-4-29 of this chapter.
NOTIFY: To give formal notice of work or intentions. This can be done by mail, phone, fax, e-mail, or in person.
PATCH OR PATCHING: A method of pavement restoration to repair an area of excavated roadway. 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 (2') beyond the edges of the excavation area in all directions.
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: Has the meaning given "right-of-way permit" in Minnesota Statutes, section 237.162.
PERMIT FEE: Money paid to the City by an applicant to cover the costs as provided in section 8-4-11 of this chapter.
PERMITTEE: Any person to whom a permit to excavate a right-of-way has been granted by the City 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.
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 or 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 or equipment in the right-of-way.
RESTORATION COST: The amount of money paid to the City by a permittee to achieve the level of restoration according to City standards and specifications.
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 excavation. Restoration includes all items necessary to complete the work, including but not limited to, labor, equipment, materials, traffic control, watering and such other items as are necessary to restore damaged infrastructure.
RIGHT-OF-WAY: The area on, below, or above a public roadway, highway, street, cartway, bicycle lane or 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.
RIGHT-OF-WAY PERMIT: The permit which, pursuant to this chapter, must be obtained before a person may install or repair equipment or otherwise work in the public right-of-way. An excavation permit allows the holder to excavate that part of the right-of- way described in such permit. A wireless telecommunications facility permit allows the holder to install and maintain equipment within a portion of right-of-way as described in such permit.
RIGHT-OF-WAY USER: a) A telecommunications right-of-way user as defined by Minnesota Statutes, section 237.162, subd. 4; or b) 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, ordinance, or City policy to use the public right-of-way.
SERVICE OR UTILITY SERVICE: Includes: a) those services provided by a public utility as defined in Minnesota Statutes section 216B.02, subds. 4 and 6; b) services of a telecommunications right-of-way user, including transporting of voice or data information; c) services of a cable communications systems as defined in Minnesota Statutes chapter 238; d) natural gas services; e) electric energy or telecommunications services provided by the City; f) services provided by a cooperative electric association organized under Minnesota Statutes, chapter 308A; and g) water, sewer, steam, geothermal cooling or heating services.
STANDARD PLATES AND RIGHT-OF-WAY DETAILS: The details of construction methods and practices that are to be followed when working in and restoring the right-of-way.
SUPPLEMENTARY APPLICATION: An application made to excavate 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 a facility in the 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 whether provided by 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.
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 until the pavement is removed and replaced as a permanent patch.
TRENCH: An excavation in the pavement or boulevard for installation of utility services.
WIRELESS TELECOMMUNICATION FACILITY: A tangible asset used to provide wireless telecommunication or data services, including all antennas, support devices, equipment including ground equipment, associated cables and attachments. (Ord. 2018-03, 2-26-2018)