For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED FACILITY. A facility no longer in service and physically disconnected from a portion of the operating facility, or from any other facility that is in use or still carries services. 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.
CITY. The City of Waseca, Minnesota. For purposes of § 94.47, CITY means its elected officials, officers, employees and agents.
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 (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
(6) A blanket bond for projects within the local government unit, 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 PUC 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 costs.
DELAY PENALTY. The penalty imposed as a result of unreasonable delays in right-of-way construction or restoration as required.
DEPARTMENT. The Department of Public Works of the city.
DEPARTMENT INSPECTOR. Any person authorized by the Director to carry out inspections related to the provisions of this subchapter.
DIRECTOR. The Director of Engineering of the city or her or his designee.
EMERGENCY. A condition that:
(1) Poses a clear and immediate danger to life or health, or of a significant loss of property; or
(2) 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. 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 section, 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 the permit.
EXCAVATION PERMIT FEE. Money paid to the city by an applicant to cover the costs as provided in § 94.29.
FACILITY or FACILITIES. Any tangible asset in the right-of-way required to provide utility service.
FIVE-YEAR PROJECT PLAN. Projects adopted by the city for construction within the next five years in its Capital Improvement Plan (CIP). Having the same meaning as 5-YEAR CIP.
HOLE. An excavation in the pavement, with the excavation having a length less than the width of the pavement.
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 section.
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 Minnesota Session Laws 1997, Chapter 123; 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 hereto.
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 section, 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. A permit is required for any obstruction over two hours, or obstructing more than one lane of traffic.
OBSTRUCTION PERMIT FEE. Money paid to the city by a permittee to cover the costs as provided in § 94.29.
PATCH or PATCHING.
(1) A method of pavement replacement that is temporary in nature.
(2) 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 beyond the edges of the excavation in all directions.
(3) 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 section.
PERSON.
(1) 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 non-profit, and whether natural, corporate or political.
(2) Examples include:
(a) A business or commercial enterprise organized as any type or combination of corporation, limited liability company, partnership, limited liability partnership, proprietorship, association, cooperative, joint venture, carrier or utility and any successor or assignee of any of them;
(b) A social or charitable organization; and
(c) Any type or combination of political subdivision, which includes the executive, judicial or legislative branch of the state, a local government unit, or a combination of any of them.
PROBATION. The status of a person that has not complied with the conditions of this section.
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:
(1) Has or seeks to have its equipment or facilities located in any right-of-way; or
(2) 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.
RESTORE or RESTORATION. The process by which an excavated public right-of-way and surrounding area, including pavement, foundation and associated landscaping is returned to the same condition that existed prior to excavation.
RIGHT-OF-WAY. The area on, below, or above a public roadway, highway, street, cartway, bicycle lane, public sidewalk and boulevard 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 section.
RIGHT-OF-WAY USER.
(1) A telecommunications right-of-way user as defined by M.S. § 237.162 (4), as it may be amended from time to time; or
(2) A person owning or controlling a facility in the public 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.
SUPPLEMENTARY APPLICATION. An application made to excavate or obstruct more of the right-of-way than allowed in, or to 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.
TWO-YEAR PLAN. Those projects adopted by the city for construction within the next two years as part of the city’s CIP.
UTILITY SERVICE.
(1) Those services provided by a public utility as defined in M.S. § 216B.02 (4) and (6), as they may be amended from time to time;
(2) Those services of a telecommunications right-of-way user, including the transporting of voice data information;
(3) Those services provided by a cable communications system as defined in M.S. Ch. 238, as it may be amended from time to time;
(4) Natural gas or electric energy or telecommunications services provided by a local government unit;
(5) Those services provided by a cooperative electric association organized under M.S. Ch. 308A, as it may be amended from time to time; and
(6) Water, sewer, steam, cooling or heating services.
(Ord. 732, passed 4-5-99)