For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(A) 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.
(B) APPLICANT. Any person requesting permission to install any utility or to excavate or obstruct a right-of-way.
(C) COMMISSION. The Minnesota Public Utilities Commission.
(D) 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.
(E) 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 form acceptable to the county;
(5) Self-insurance in form acceptable to the county; and
(6) Blanket bond for projects within the county or construction bond for a specified time and in a form acceptable to the county.
(F) COUNTY. The County of Wright, Minnesota. For purposes of § 51.56 of this chapter, COUNTY means its elected and appointed officials, officers, employees and agents.
(G) 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.
(H) DEGRADATION COST. Subject to Minn. Rules part 7819.1100 means the cost to achieve a level of restoration as determined by the county at the time the permit is issued, not to exceed the maximum restoration shown in plates 1 to 13, set forth in Minn. Rules parts 7819.9900 to 7819.9950, and included in the appendix to this chapter.
(I) DEGRADATION FEE. The estimated fee established at the time of permitting by the county 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.
(J) DELAY PENALTY. The penalty imposed as a result of unreasonable delays in right-of-way excavation, obstruction, patching or restoration as established by permit.
(K) DEPARTMENT. The Wright County Highway Department.
(L) DEPARTMENT INSPECTOR. Any person authorized by the County Engineer to carry out inspections related to the provisions of this chapter.
(M) DIRECTOR. The County Engineer or her or his designee.
(N) EMERGENCY. A condition that:
(1) Poses 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.
(O) EQUIPMENT. Any tangible asset used to install, repair or maintain facilities in any right-of-way.
(P) EXCAVATE. To dig into or in any way remove or physically disturb or penetrate any part of a public right-of-way.
(Q) FACILITY or FACILITIES. Any tangible asset in the right-of-way required to provide utility service.
(R) FIVE-YEAR PROJECT PLAN. Shows projects adopted by the county for construction within the next five years.
(S) 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.
(T) HOLE. An excavation in the right-of-way.
(U) JOINT INSTALLATION. Two or more registrants that install facilities in the same trench, conduit and the like or on the same obstruction in the right-of-way at the same time and same place.
(V) LOCAL REPRESENTATIVE. A local person or persons, or designee of such person or persons, authorized by a registrant to accept legal notice or service and to accept communications and to make decisions for that registrant regarding all matters within the scope of this chapter.
(W) MANAGEMENT COSTS. The actual costs the county incurs in managing its public 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 equipment and facilities during public 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, Ch. 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 county fees and costs related to appeals taken pursuant to § 51.58 of this chapter.
(X) OBSTRUCT. To place any tangible object in a public right-of-way so as to hinder free and open passage over that or any part of the right-of-way.
(Y) PATCH or PATCHING.
(1) 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 beyond the edges of the excavation in all directions.
(2) A PATCH is considered full restoration only when the pavement is included in a project programmed by the county, or as approved by the Director.
(Z) 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.
(AA) PERMIT. The meaning given “right-of-way permit” in M.S. § 237.162, as it may be amended from time to time.
(BB) PERMITTEE. Any person to whom a permit to install a utility or to excavate or obstruct a right-of-way has been granted by the county under this chapter.
(CC) PERSON. An individual or entity subject to the laws and rules of the state, however organized, whether public or private, whether domestic or foreign, whether for profit or non-profit and whether natural, corporate or political.
(DD) POTHOLING. A term used for the method of exposing an existing underground facility, by the means of hand digging, for the purpose of determining the facilities exact location.
(EE) PROBATION. The status of a person that has not complied with the conditions of this chapter.
(FF) PROBATIONARY PERIOD. One year from the date that a person has been notified in writing that they have been put on probation.
(GG) PUBLIC RIGHT-OF-WAY. The area on, below or above a public roadway, highway, street, cartway, bicycle lane and public sidewalk in which the county has an interest, including other dedicated rights of way for travel purposes and utility easements of the county. A PUBLIC 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. The lands described by an easement, deed, dedication, title, law or occupation of a road, highway, street, cartway, bicycle lane or sidewalk are included as right-of-way.
(HH) 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 or equipment in the right-of-way.
(II) RESTORATION COST. The amount of money paid to the county by a permittee to achieve the level of restoration according to plates 1 to 13 of the state’s Public Utilities Commission rules.
(JJ) RESTORE or RESTORATION. The process by which an excavated public right-of-way and surrounding area including pavement foundation is returned to the same condition (and life expectancy) that existed before excavation.
(KK) RIGHT-OF-WAY PERMIT. A permit issued for installation of utilities, excavation or obstruction of the right-of-way as required by this chapter.
(LL) 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;
(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; or
(3) Hazardous liquid or natural gas pipeline facilities.
(MM) RURAL ROADWAY. Any roadway not meeting the definition of an urban section.
(NN) SERVICE or UTILITY SERVICE. Includes:
(1) 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;
(2) Services of a telecommunications right-of-way user, including transporting of voice or data information;
(3) Services of 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 the city;
(5) 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.
(OO) 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.
(PP) TELECOMMUNICATION RIGHTS-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 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. Ch. 453 and 453A, as they may be amended from time to time, or a cooperative electric association organized under M.S. Ch. 308A, as it may be amended from time to time, are not TELECOMMUNICATIONS RIGHT-OF-WAY USERS.
(QQ) TEMPORARY SURFACE. The compaction of subbase and aggregate base and replacement, in kind, of existing pavement only to the edges of the excavation. It is temporary in nature, except when the replacement is of pavement included in the county’s two-year project plan, in which case it is considered full restoration.
(RR) TRENCH. An excavation in the right-of-way.
(SS) UNUSABLE OR UNUSED EQUIPMENT AND FACILITIES. Equipment and facilities in the right-of-way which have remained unused for one year or for facilities that are not registered or located by Gopher One Call; or 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 or facilities.
(TT) URBAN SECTION. Any roadway that has curbing.
(Ord. 06-01, passed 4-4-2006)