The following definitions apply to the terms indicated below and found throughout 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.
APPLICANT: Any person requesting permission to excavate or obstruct a right-of-way.
CITY: The City of Otsego, Minnesota. For purposes of section 8-6-20 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.
CONSTRUCTION PERFORMANCE BOND: A performance bond or other form of security posted to ensure the availability of sufficient funds to assure that right-of-way excavation and obstruction work is completed in accordance with the terms of the right-of-way permit or other applicable State law or local regulation.
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 did not occur.
DEGRADATION COST: 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 proposed PUD 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 construction.
DEPARTMENT: The Department of Public Works of the City.
DIRECTOR: The City Administrator, or his or her designee, or such other person authorized by City Council resolution to carry out the duties assigned to the Director pursuant to this Code.
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 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.
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 subsection 8-6-7F of this chapter.
FACILITY OR FACILITIES: Any tangible asset in the right-of-way required to provide utility service.
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 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 8-6-22 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 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 permittee to cover costs as provided in subsection 8-6-7F of this chapter.
PATCH OR PATCHING: A method of pavement replacement that is temporary in nature. 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 in all directions. A patch is considered full restoration only when the pavement is included in the City's five year project plan.
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 of any kind, 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.
PROBATION: The status of a person that has been found in noncompliance 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.
PUBLIC RIGHT-OF-WAY OR RIGHT-OF-WAY: The surface, airspace above the surface and the area below the surface of any public street, highway, lane, path, alley, sidewalk, trail, avenue, boulevard, drive, court, concourse, bridge, tunnel, park, parkway, skyway, waterway, dock, bulkhead, wharf, pier, 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 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 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 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 plates 1 to 13 of PUD Rules.
RESTORE OR RESTORATION: The process by which a right-of-way is returned to the same condition and life expectancy that existed before excavation.
RIGHT-OF-WAY PERMIT: An excavation permit, obstruction permit, or a small wireless facility permit, required by this chapter.
SERVICE OR UTILITY SERVICE: The term includes, but is not limited to: a) those services provided by a public utility as defined in Minnesota Statutes section 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 section 301B.01; d) the services provided by a district heating or cooling system; e) cable communications systems as defined in Minnesota Statutes chapter 238; and f) a telecommunication rights-of-way user, as defined in this section.
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, 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 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 twenty eight (28) cubic feet in volume; or
B. A micro wireless facility.
SMALL WIRELESS FACILITY PERMIT: The permit issued by the City authorizing the permittee to collocate a small wireless facility or install and maintain a wireless support structure.
SMALL WIRELESS FACILITY PERMIT FEE: Money paid to the City by the permittee to cover the costs as provided in section 8-6-7 of this chapter.
SUPPLEMENTARY APPLICATION: An application made to excavate or obstruct more of the right-of-way than allowed by, 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.
UNUSABLE FACILITIES: Facilities in the right-of-way which have remained unused for one year and for which the registrant is unable to provide proof that he has either a plan to begin using it within the next twelve (12) months or a potential purchaser or user of the facilities will begin using it within the next twelve (12) months.
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. (Prior Code § 6-6-2; amd. 2018 Code; Ord. 2019-07, 4-8-2019)