For the purpose of this chapter, the following definitions 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.
APPLICANT. Any person requesting permission to excavate or obstruct a right-of-way.
BUS/TRANSIT BENCH. A bench maintained on a publicly dedicated street or right-of-way for the convenience and comfort of persons waiting for buses or other vehicles.
BUSINESS DISTRICT. Those portions of the city known as St. Anthony Shopping Center in the south end of the city and Silver Lake Village in the north end of the city.
CITY. The City of St. Anthony, Minnesota, its elected officials’ officers, employees, agents, or any other commission, committee, or subdivision of the city acting pursuant to lawfully delegated authority. See M.S. § 237.162, Subd. 2, as it may be amended from time to time.
CITY COST. The actual costs incurred by the city for managing rights-of-way, including, but not limited to, costs associated with 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 character except as expressly prohibited by law.
CITY INSPECTOR. Any person designated by the City Manager or designee to carry out inspections related to the provisions of this chapter.
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.
CONSTRUCTION PERFORMANCE BOND. Any of the following forms of security provided at permittee’s option:
(1) Individual project bond;
(2) Cash deposit;
(3) Security of a form 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; and/or
(6) 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 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 Minn. Rules part 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 one to 13, set forth in Minn. Rules parts 7819.9900 to 7819.9950.
DEPARTMENT. The Department of Public Works of the city.
DIRECTOR. The Director of the Department of Public Works of the city, or her or his designee.
DELAY PENALTY. The penalty imposed as a result of unreasonable delays in right-of-way excavation, obstruction, patching, or restoration as established by permit.
EMERGENCY. A condition that:
(1) Poses a clear and immediate danger to life or health or of significant loss of property; or
(2) Requires immediate repair or replacement 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. To dig into or in any way remove or physically disturb or penetrate any part of right-of-way, except for horticultural practices of penetrating the boulevard area to a depth of less than 12 inches.
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 as described in the permit.
EXCAVATION PERMIT FEE. Money paid to the city by an applicant to cover the costs as provided in § 94.12.
FACILITY or FACILITIES. Any tangible asset in the right-of-way required to provide utility service, 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.
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 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 in the pavement, with the excavation having a length less than the width of the pavement.
IN. When used in conjunction with right-of-way, means over, above, in, within, on, or under a right-of-way.
LOCAL REPRESENTATIVE. The person or persons, or designee of the 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 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 after providing notice and the opportunity to correct the work; and revoking right-of-way or small wireless facility permits. 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 including fees tied to or based on customer counts, access lines, or revenues generated by the right-of-way or for the city, the fees and cost of litigation relating to the interpretation of S.L. 1997, Chapter 123, specifically M.S. §§ 237.162 or 237.163, as they may be amended from time to time; or any ordinance enacted under those sections, or the city fees and costs related to appeals taken pursuant to § 94.25.
MAPPING DATA. Information indicating the horizontal and vertical location of equipment and right-of-way management facilities, relative to the boundaries of the right-of-way.
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 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 § 94.12.
PATCH or PATCHING. A method of pavement replacement that is temporary in nature. A PATCH consists of the compaction of the subbase and aggregate base, and the replacement, in kind, of the existing pavement for a minimum of two feet 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.
PAVEMENT. Any type of improved surface that is within the public right-of-way and that is paved or otherwise constructed with bituminous, concrete, or aggregate.
PERFORMANCE AND RESTORATION BOND. A performance bond or letter of credit posted to ensure the availability of sufficient funds to assure that all obligations pursuant to this chapter, including, but not limited to, right-of-way excavation and obstruction work, is timely and properly completed as defined by the approved excavation and/or obstruction permit.
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 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, partnership, sole proprietorship, a political subdivision, a public or private agency of any kind, utility, a successor or assign 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 any 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 or 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 nonwire telecommunications or broadcast service.
REGISTRANT. Any person who has or seeks to have its equipment or facilities located in any right-of-way, or 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.
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 and life expectancy that existed before excavation.
RESTORATION COST. The amount of money paid to the city by a permittee to achieve the right-of-way management level of restoration according to plates one to 13 of State Public Utilities Commission rules.
RIGHT-OF-WAY PERMIT. Either the excavation permit or obstruction permit, or both, 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.
SERVICE or UTILITY SERVICE. Includes, but is not limited to:
(1) Those services provided by a public utility as defined in M.S. § 216B.02, Subds. 4 and 6, as it 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 a cable communications systems as defined in M.S. Chapter 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. Chapter 308A, as it may be amended from time to time; and
(6) Water, and sewer, including service laterals, steam, cooling, or heating services.
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 waste water from a customer’s premises.
STATE PUBLIC UTILITIES COMMISSION. An independent regulatory agency within the state responsible for the oversight and regulation of public utilities, including electric, natural gas, and telecommunications services.
SUPPLEMENTARY APPLICATION. An application made to excavate or obstruct more of the right-of-way than allowed in, or extend a permit that had already been issued.
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 except when the replacement 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, with the excavation having a length equal to or greater than the width of the pavement.
TELECOMMUNICATIONS RIGHT-OF-WAY USER. A person owning or controlling a facility in the right-of-way, or seeking to own or control the same, that is used or intended to be used for transporting telecommunication or other voice or data information. For purposes of this chapter, a cable communications system defined and regulated under M.S. Chapter 238, as it may be amended from time to time, and 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 municipality, a municipal gas or power agency organized under M.S. Chapters 453 and 453A, as they may be amended from time to time, or a cooperative electric association organized under M.S. Chapter 308A, as it may be amended from time to time, are not TELECOMMUNICATIONS RIGHT-OF-WAY USERS for purposes of this chapter.
UNUSABLE EQUIPMENT. Equipment located 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 12 months or a potential purchaser or user of the equipment.
USER FEE. The sum of money, payable to the city, by a person using or occupying the right-of-way; provided, however, that the city may at its option provide, at any time by ordinance or by amendment thereto, for a greater or different fee applicable to all the persons in an amount and by a method of determination as may be further provided in the ordinance or amendment thereto.
(Prior Code, § 96.03) (Ord. 2019-05, passed 4-9-2019; Ord. 2022-03, passed 5-24-2022; Ord. 2022-07, passed 10-11-2022; Ord. 2023-01, passed 7-11-2023)