§ 70-62. Definitions.

The following definitions apply in this chapter of this Code. References hereafter to "sections" are, unless otherwise specified, references to sections in this chapter. Defined terms remain defined terms, whether or not capitalized.

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.

Applicant means any person requesting permission to excavate or obstruct a right-of-way.

City means the City of Blaine, Minnesota, its elected officials, officers, employees and/or agents.

Collocate or collocation means to install, mount, maintain, operate, or replace a small wireless facility on, under, or adjacent to an existing wireless support structure or utility pole that is owned privately, or by the city or other government unit.

Commission means the state 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. Stat. § 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:

(1)

Individual project bond;

(2)

Cash deposit;

(3)

Security of a form listed or approved under Minn. Stat. § 15.73, subd. 3;

(4)

Letter of credit, in a form acceptable to the city;

(5)

Self-insurance, in a form acceptable to the city;

(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 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 Rule 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 means the public services department of the city.

Department inspector means any person authorized by the city to carry out inspections related to the provisions of this section.

Director means the public services manager or director of public works of the city, or the city's designee.

Delay penalty means 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 poses a danger to life or health; or of a significant loss of property; or 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 except horticultural practices of penetrating the boulevard area to a depth of 12 inches or less.

Excavation permit means 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. Overhead facilities, including setting utility service poles, do not require an excavation permit.

Excavation permit fee means money paid to the city by an applicant to cover the costs as provided in section 70-73.

Facility or facilities means any tangible asset, including equipment, that is located in the right-of-way, including facilities placed underground ("underground facilities") and facilities installed above the ground, which may include, but is not limited to poles, utility cabinets, towers, wires, and related attachments, including anchors and foundations, transit amenities and gas district regulator stations ("overhead facilities").

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 pavement, with the excavation having a length less than the width of the 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 chapter.

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 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; Minn. Stat. §§ 237.162 or 237.163; or any ordinance enacted under those sections, or the city fees and costs related to appeals taken pursuant to section 70-91 of this chapter.

Micro wireless facility means a small wireless facility that is no longer than 24 inches long, 15 inches wide, and 12 inches high, and whose exterior antenna, if any, is no longer than 11 inches.

Newspaper vending machine means any device designed for and used to hold and dispense newspapers or other printed publications.

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 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 the duration specified therein. Obstruction permits are required to install overhead facilities.

Obstruction permit fee means money paid to the city by a permittee to cover the costs as provided in section 70-73.

Patch or patching means 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 means 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.

Permit has the meaning given "right-of-way permit" in Minn. Stat. § 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 chapter.

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.

Probation means the status of a person that has not complied with the conditions of this article.

Probationary period means 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 means 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. Public grounds and property are also considered "public right-of-way" for purposes of this chapter with respect to "telecommunications right-of-way users".

Registrant means any person who has or seeks to have its equipment or facilities located in any right-of-way, or in any way occupy 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.

Restoration cost means the amount of money paid to the city by a permittee to achieve the level of restoration according to plates 1 to 13 of Minnesota Public Utilities Commission rules.

Right-of-way permit means the excavation permit, obstruction permit, small wireless facility permit, or conditional/special use permit, or any combination thereof, depending on the context, required by this article.

Right-of-way user means:

(1)

A telecommunications right-of-way user as defined by Minn. Stat. § 237.162, subd. 4.

(2)

A person or entity owning or controlling a facility in the right-of-way that is used or intended to be used for providing a service, and who has a right under law, franchise, or ordinance to use the public right-of-way, including persons or entities who have installation and maintenance responsibilities by contract, lease, sublease, or assignment.

(3)

A person or entity owning or controlling a facility in the right-of-way that is used or intended for something other than providing utility service, including persons who have installation and maintenance responsibilities by contract, lease, sublease, or assignment.

Service includes:

(1)

Those services provided by a public utility as defined in Minn. Stat. § 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 systems as defined in Minn. Stat. ch. 238;

(4)

Natural gas or electric energy or telecommunications services provided by the city;

(5)

Services provided by a cooperative electric association organized under Minn. Stat. ch. 308A; and

(6)

Water, and sewer, including service laterals, steam, cooling or heating services.

Service lateral means 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 wastewater from a customer's premises.

Small wireless facility means a wireless facility that meets both of the following qualifications: (1) each antenna is located inside an enclosure of no more than six cubic feet in volume or could fit within such an enclosure; and (2) all other wireless equipment associated with the small wireless facility provided such equipment is, in aggregate, no more than 28 cubic feet in volume, not including electric meters, concealment elements, telecommunications demarcation boxes, battery backup power systems, grounding equipment, power transfer switches, cutoff switches, cable conduit, vertical cable runs for the connection of power and other services, and any equipment concealed from public view within or behind an existing structure or concealment.

Small wireless facility permit means the permit which, pursuant to this article, must be obtained before a person may install, place, maintain, or operate a small wireless facility in a public right-of-way to provide wireless service. A small wireless facility permit allows the holder to conduct such activities in that part of the right-of-way described in such permit. A small wireless facility permit does not authorize (1) providing any service other than a wireless service, or (2) installation, placement, maintenance, or operation of a wireline backhaul facility in the right-of-way.

Small wireless facility permit fee means money paid to the city by a permittee to cover the costs as provided in section 70-73.

Supplementary application means an application made to excavate or obstruct more of the right-of-way than allowed in, or to extend or supply additional information to, a permit that had already been submitted or issued.

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. Telecommunications right-of-way users must obtain an obstruction permit before a person may install, operate, or maintain facilities in the right-of-way. For purposes of this chapter, a cable communication system defined and regulated under Minn. Stat. ch. 238, and telecommunication activities related to providing natural gas or electric energy services whether provided by a public utility as defined in Minn. Stat. § 16B.02, a municipality, a municipal gas or power agency organized under Minn. Stat. chs. 453 and 453A, or a cooperative electric association organized under Minn. Stat. ch. 308A, are not telecommunications right-of-way users for purposes of this article except to the extent such entity is offering wireless service.

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. 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.

Transit amenity means a bus shelter or bench, with or without advertising, constructed and maintained at a designated transit stop along a public street, located on a public boulevard, for the convenience and comfort of persons waiting for buses or other transit vehicles.

Trench means an excavation in the pavement, with the excavation having a length equal to or greater than the width of the pavement.

Two-year project plan shows projects adopted by the city for construction within the next two years.

Utility originated projects means planned projects for replacement of existing facilities as a result of obsolescence, deterioration or to increase capacity or new projects to improve service or capacity. Projects to provide direct service within new developments are not included.

Utility pole means a pole that is used in whole or in part to facilitate telecommunications or electric service.

Wireless facility means equipment at a fixed location that enables the provision of wireless services between user equipment and a wireless service network, including equipment associated with wireless service, a radio transceiver, antenna, coaxial or fiber-optic cable, regular and backup power supplies, and a small wireless facility, but not including wireless support structures, wireline backhaul facilities, or cables between utility poles or wireless support structures, that are not otherwise immediately adjacent to and directly associated with a specific antenna.

Wireless service means any service using licensed or unlicensed wireless spectrum, including the use of Wi-Fi. whether at a fixed location or by means of a mobile device, that is provided using wireless facilities. Wireless service does not include services regulated under Title VI of the Communications Act of 1934, as amended, including cable service.

Wireless support structure means a new or existing structure in a right-of-way designed to support or capable of supporting small wireless facilities, as reasonably determined by the city.

Wireline backhaul facility means a facility used to transport communications data by wire from a wireless facility to a communications network.

Work in right-of-way permit means a permit, on a form issued by the city, for minor work in the right-of-way typically done by private property owners or their contractors. This includes such work as mailbox banks, driveways or sewer and water utility service repairs and installations.

(Ord. No. 13-2264, 6-6-2013; Ord. No. 17-2390 , 12-7-2017; Ord. No. 18-2421 , 12-20-2018)