(A) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPLICANT. Any person requesting permission to excavate or obstruct a right-of-way.
CITY. The City of Wadena. For purposes of this chapter, CITY means its elected officials, officers, employees, and agents.
CONSTRUCTION PERFORMANCE BOND. Any of the following forms of security provided at the permittee’s option:
(a) Individual project bond;
(b) Cash deposit based on square foot of disruption and material disruption to right-of way (see city fee schedule);
(c) Security of a form listed or approved under M.S. § 15.73, subd. 3, as it may be amended from time to time;
(d) Letter of credit, in a form acceptable to the city;
(e) Self-insurance, in a form acceptable to the city; and
(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 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 Minn. Rules pts. 7819.5000 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 costs.
DELAY PENALTY. The penalty imposed as a result of unreasonable delays in right-of-way excavation, obstruction, patching, or restoration as established by permit.
DEPARTMENT. The Street Department of the city.
DEPARTMENT INSPECTOR. Any person authorized by the Public Works Director to carry out inspections related to the provisions of this chapter.
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 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 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 § 91.43.
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 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 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 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 § 91.24.
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 for a period in excess of eight consecutive hours.
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 for a period of eight hours by placing equipment described therein on the right-of-way for the duration specified in § 91.43.
OBSTRUCTION PERMIT FEE. Money paid to the city by a permittee to cover the costs as provided herein.
PATCH or PATCHING.
(a) A method of pavement replacement that is temporary in nature.
(b) A PATCH consists of
1. The compaction of the subbase and aggregate base; and
2. The replacement, in kind, of the existing pavement for a minimum of two feet beyond the edges of the excavation in all directions.
(c) A PATCH is considered full restoration only when two month periods have elapsed.
PAVEMENT. Any type of improved surface that is within the public right-of-way and that is paved or otherwise constructed with asphalt, concrete, aggregate, or gravel.
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, apolitical 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 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.
PUBLIC WORKS DIRECTOR/S. The head of the Street Department of the city, or his or her designee.
REGISTRANT. Any person who:
(a) Has or seeks to have its equipment or facilities located in any right-of-way;
(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; or
(c) Engages in the practice of excavation 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 PUC 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. The area on, below, or above a public roadway, highway, street, alley, park land, boulevard, or other city-owned land 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. 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. 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 M.S. § 216B.02, subds. 4 and 6, as they may be amended from time to time;
(b) Telecommunications, pipeline, community antenna television, fire and alarm communications, water, sewer, electricity, light, heat, cooling energy, or power services;
(c) The services provided by a corporation organized for the purposes set forth in M.S. § 301B.01, as it may be amended from time to time;
(d) The services provided by a district heating or cooling system;
(e) Cable communications systems as defined in M.S. Ch. 238, as it may be amended from time to time; and
(f) Telecommunication right-of-way user as defined herein.
SUPPLEMENTARY APPLICATION. An application made to excavate or obstruct more of the right-of-way than permitted, or to extend a permit that had already been issued.
TELECOMMUNICATION RIGHTS-OF-WAY USER.
(a) 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 intended to be used for transporting telecommunication or other voice or data information.
(b) For purposes of this chapter, a cable communication system defined and regulated under M.S. Ch. 238, as it may be amended from time to time, and telecommunication activities related to providing natural gas or electric energy services whether provided by 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. Chs. 453 and 453A, as they may be amended from time to time, or a cooperative electric association organized under M.S. 308A, as it may be amended from time to time, are not telecommunications right-of-way uses for purposes of this chapter.
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 it has either a plan to begin using it within the next 12 months or a potential purchaser or user of the facilities.
(B) Sections of 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.
(2006 Code, § 14.02) (Ord. 196, Third Series, passed 4-14-2015)