§ 25-117. Definitions.

The following words, terms and phrases, as used herein, shall have the following meanings:

Abandoned facility means:

(1)

A facility no longer in service or physically disconnected from any other facility that is in use or still carries service; and

(2)

That is deemed abandoned by the owner of the facility.

Applicant means any public right-of-way user required to obtain a permit under this section, including the City of Faribault.

City means City of Faribault, Minnesota.

City 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 or small wireless facility 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 or small wireless facility permits. Management costs do not include payment by a telecommunications right-of-way user for the use of the right-of-way, unreasonable fees of a third-party contractor used by the city including fees tied to or based on customer counts, access lines, or revenues generated by the right-of-way or for the city, the fees and cost of litigation relating to the interpretation of Minnesota Session Laws 1997, Chapter 123; Minnesota Statutes Sections 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 1.30 of this chapter.

Collocate or collocation. To install, mount, maintain, modify, 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 governmental unit.

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 multiplied by a factor of 1.5.

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.

Director means the City of Faribault Director of Public Works and his/her designee.

Emergency means a condition that (1) immediately endangers the life or safety of persons; (2) cause an immediate threat of significant loss or injury to property; or (3) requires immediate repair or replacement in order to restore service to customers.

Equipment means any thing tangible used to install, repair or maintain facilities in any public right-of-way.

Excavate or excavation means to dig into or in any way remove or physically disturb or penetrate any public right-of-way ground surface, or any portion thereof.

Excavation permit means a permit which is issued by the city authorizing the permittee to excavate in a public right-of-way as specifically described in the permit.

Facility or facilities means anything tangible, including equipment, which is required to provide utility services.

Hole means an excavation having a length that is equal to or less than the width of the public right-of-way for the section of the roadway where the work is occurring.

Local representative means a person or designee of such person authorized by a public right-of-way user to accept service and to act and make decisions regarding matters within the scope of this section on behalf of the public right-of-way user.

Obstruct or obstruction means to place or the placement of any object in a public right-of-way, or to remove or the removal of an existing structure, or any portion thereof, from a public right-of-way, for an aggregate period of eighteen (18) hours or more, excepting obstructions and projections as specifically permitted by article II, chapter 25 of the Faribault Code of Ordinances.

Obstruction permit means a permit, which is issued by the city authorizing the permittee to obstruct a public right-of-way as specifically described in the permit.

Patch or patching means a method of roadway surface replacement or restoration that consists of: (1) the compaction of the sub-base and aggregate base; and (2) the replacement, in kind, of the existing roadway surface for a minimum of two (2) feet beyond the edges of the excavation in all directions.

Permittee means a person to whom an excavation or obstruction permit has been issued 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.

Project or project work means any activity, including construction, reconstruction, installation, maintenance, relocation, or replacement of any facility or a public right-of-way in which the facility is located and restoration of the public right-of-way that is regulated under this article.

Public right-of-way or public rights-of-way or right-of-way means the surface, air space above the surface and the area below the surface of any public street, highway, lane, path, alley, sidewalk, trail, avenue, boulevard, drive, court, concourse, bridge, tunnel, park, parkway, skyway, waterway, dock, bulkhead, wharf, pier, easement or similar property or waters within the city owned by or under control of the city, or dedicated or otherwise conveyed to the city for general public use, including, but not limited to, any riparian right, which, consistent with the purposes for which it was created, obtained or dedicated, may be used for the purpose of installing, operating and maintaining utility service facilities. No reference herein to a "public right-of-way" shall be deemed to be a representation or guarantee by the city that its interest or other right to control or use such property is sufficient to permit its use for the purpose of installing, operating and maintaining utility service facilities. 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.

Public right-of-way user means any person or entity which owns or controls a facility that is located, or is sought or intended to be located, in a public right-of-way including persons who have installation and maintenance responsibilities by contract, lease, sublease or assignment.

Restore or restoration means the process, including patching, by which a public right-of-way and surrounding area, including pavement and foundation, is returned to the same condition that existed before any project work.

Restoration cost means the amount of money paid to the city by a permittee to achieve the level of restoration 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 the excavation.

Right-of-way means the area on, below, or above a public roadway, highway, street, cart way, bicycle lane, and sidewalk in which a government unit has an interest, including other rights-of-way dedicated for travel purposes and utility easements of government units.

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 user. It also includes any underground facilities that are 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 (6) 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 twenty-eight (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.

Telecommunications 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 providing wireless service, or transporting telecommunication or other voice or data information. For purposes of this chapter, a cable communication system defined and regulated under Minn. Stat. Chap. 238, and telecommunication activities related to providing natural gas or electric energy services, a public utility as defined in Minn. Stat. Sec. 216B.02, a municipality, a municipal gas or power agency organized under Minn. Stat. Chaps. 453 and 453A, or a cooperative electric association organized under Minn. Stat. Chap. 308A, are not telecommunications right-of-way users for purposes of this chapter except to the extent such entity is offering wireless service.

Trench means an excavation in the roadway surface having a length that is equal to or in excess of the width of the roadway or sections of roadway where the work is occurring.

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

Utility service means services provided by: (1) a public utility as defined in Minnesota Statutes; (2) a telecommunications, pipeline, community antenna television, fire and alarm communications, water, sewer, electricity, light, heat, cooling energy, or power services; (3) a corporation organized for the purposes set forth in Minnesota Statutes; (4) a district heating or cooling system; or (5) a cable communication systems as defined in Minnesota Statutes.

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, or not otherwise immediately adjacent to and directly associated with a specific antenna.

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 may be determined by the city.

(Ord. No. 2018-6, § 1, 6-26-18)