§ 21-3. Definitions
The following definitions apply in this section of this Code. References to "subdivisions" are unless otherwise specified references to subdivisions in this section.
Abandoned facility means 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 means any person requesting permission to excavate or obstruct a right-of-way.
City means the City of Victoria, Minnesota. For purposes of sections 21-5 through 21-33, "city" means its elected officials, officers, employees and agents.
Commission means the Minnesota Public Utilities Commission.
Congested right-of-way means 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 Minn. Stats. § 216D.04, subd. 3, over a continuous length in excess of 500 feet.
Construction performance bond means any of the following forms of security provided at permittee's option:
(a) Surety bond, in a form acceptable to the city;
(b) Cash deposit;
(c) Letter of credit, in a form acceptable to the city;
Degradation means 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 Minnesota Rules 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 1 to 13, set forth in Minnesota Rules parts 7819.9900 to 7819.9950.
Degradation fee means 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.
Department inspector means any person authorized by the city to carry out inspections related to the provisions of this section.
Director means the city administrator of the city, or her or his designee.
Delay penalty is the penalty imposed as a result of unreasonable delays in right-of-way excavation, obstruction, patching, or restoration as established by permit.
Emergency means a condition that (1) poses a 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 means any tangible asset used to install, repair, or maintain facilities in any right-of-way.
Excavate means to dig into or in any way remove or physically disturb or penetrate any part of a right-of-way.
Facility or facilities means tangible asset in the public right-of-way required to provide utility service. The term does not include facilities to the extent the location and relocation of such facilities are preempted by Minn. Stats. § 161.45, governing utility facility placement in state trunk highways.
High density corridor means 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 means an excavation in the right-of-way, with the excavation having a length less than the width of the pavement or adjacent pavement.
Local representative means 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 means 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, mapping of as built location of facilities located in the right-of-way; and revoking right-of-way permits and performing all other tasks required by this section, including other costs the city may incur in managing matters described in this section. 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; Minn. Stats. § 237.162 or 237.163 or any ordinance enacted under those sections, or the city fees and costs related to appeals taken pursuant to [Minn. Stats.] § 802.61.
Obstruct means 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 means 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, for the duration specified therein, including a blanket permit for a period of time and for types of work specified by the director, if deemed appropriate in his discretion.
Obstruction permit fee means money paid to the city by a permittee to cover the costs as provided in section 21-12.
Patch or patching means a method of pavement replacement that is temporary in nature. 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.
Pavement means any type of improved surface that is within the public right-of-way and that is paved or otherwise constructed with paver blocks, bituminous, concrete, aggregate, or gravel.
Permit has the meaning given right-of-way permit in Minn. Stats. § 237.162.
Permittee means any person to whom a permit to excavate or obstruct a right-of-way has been granted by the city under this section.
Person means 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 nonprofit, and whether natural, corporate, or political.
Public right-of-way has the meaning given it in Minn. Stats. § 237.162, subd. 3.
Registrant means 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
Restore or restoration means 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.
Right-of-way permit means either the utility permit or the obstruction permit, or both, depending on the context, required by this section.
Right-of-way user means (1) a telecommunications right-of-way user as defined by Minn. Stats. § 237.162, subd. 4; 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 means and includes (1) services provided by a public utility as defined in Minn. Stats. § 216B.02, subds. 4 and 6; (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 Minn. Stats. ch. 238.02, subd. 3; (4) natural gas or electric energy or telecommunications services provided by a local government unit; (5) services provided by a cooperative electric association organized under Minn. Stats. ch. 308A; and (6) water, sewer, steam, cooling or heating services.
Supplementary application means 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 means the compaction of subbase and aggregate base and replacement, in kind, of the existing pavement only to the edges of the excavation.
Trench means an excavation in the right-of-way, with the excavation having a length equal to or greater than the width of the pavement or adjacent pavement.
Telecommunication right-of-way user means 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 section, a cable communication system defined and regulated under Minn. Stats. ch. 238, and telecommunication activities related to providing natural gas or electric energy services whether provided by a public utility as defined in Minn. Stats. § 216B.02, a municipality, a municipal gas or power agency organized under Minn. Stats. chs. 453 and 453A, or a cooperative electric association organized under Minn. Stats. ch. 308A, are not telecommunications right-of-way users.
Utility permit means the permit which, pursuant to this section, must be obtained before a person may excavate in a right-of-way. A utility permit allows the holder to excavate that part of the right-of-way described in such permit.
Utility permit fee means money paid to the city by an applicant to cover the costs as provided in section 21-12.
(Ord. No. 318, § 1, 4-8-04)