For the purpose of this chapter, the following terms shall have the meanings given them in this section:
ABANDONED FACILITYA 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.
APPLICANTAny person requesting permission to excavate or obstruct a right-of-way.
COMMISSIONThe Minnesota Public Utilities Commission.
CONSTRUCTION PERFORMANCE BONDAny of the following forms of security provided at permittee's option:
C. Letter of credit, in a form acceptable to the Township;
D. Self-insurance, in a form acceptable to the Township; or
E. A blanket bond for projects within the Township, or other form of construction bond, for a time specified and in a form acceptable to the Township.
DEGRADATIONA 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 COSTSubject to Minnesota Rules, Part 7819.1100, means the cost to achieve a level of restoration as determined by the Township 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 FEEThe estimated fee established at the time of permitting by the Township 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.
DELAY PENALTYThe penalty imposed as a result of unreasonable delays in right-of-way excavation, obstruction, patching, or restoration as established by permit.
EMERGENCYA condition that:
A. Poses a danger to life or health or of a significant loss of property; or
B. Requires immediate repair or replacement of facilities in order to restore service to a customer.
EQUIPMENTAny tangible asset used to install, repair, or maintain facilities in any right-of-way.
EXCAVATETo dig into or in any way remove or physically disturb or penetrate any part of a right-of-way.
EXCAVATION PERMITThe 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.
EXCAVATION PERMIT FEEMoney paid to the Township by an applicant to cover the costs as provided in this chapter.
LOCAL REPRESENTATIVELocal person or persons, or designee of such person or persons, authorized by an applicant to accept service and to make decisions for that registrant regarding all matters within the scope of this chapter.
MANAGEMENT COSTSThe actual costs the Township 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.A. § 237.162 or 237.163, or any ordinance enacted under those sections, or the Township fees and costs related to appeals taken as provided in this chapter.
OBSTRUCTTo 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 PERMITThe 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 PERMIT FEEMoney paid to the Township by a permittee to cover the costs as provided in this chapter.
PATCH or PATCHINGA method of pavement replacement or roadway repair 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 on roads the Town Board has scheduled to be overlaid within five years.
PAVEMENTAny 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.
PERMITHas the meaning given "right-of-way permit" in M.S.A. § 237.162.
PERMITTEEAny person to whom a permit to excavate or obstruct a right-of-way has been granted by the Township under this chapter.
PERSONAn 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.
RESTORATION COSTThe amount of money paid to the Township by a permittee to achieve the level of restoration according to Plates 1 to 13 of Minnesota Public Utilities Commission rules.
RESTORE or RESTORATIONThe 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-WAYThe area on, below, or above a public road, highway, street, cartway, bicycle lane or public sidewalk in which the Township has an interest, including other publicly dedicated rights-of-way for travel purposes and utility easements of the Township. 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.
RIGHT-OF-WAY PERMITEither the excavation permit or the obstruction permit, or both, depending on the context, required by this chapter.
RIGHT-OF-WAY USERA. A telecommunications right-of-way user as defined by M.S.A. § 237.162, Subdivision 4; or
B. 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 LATERALAn 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.
SERVICE or UTILITY SERVICEIncludes:
A. Those services provided by a public utility as defined in M.S.A. § 216B.02, Subdivisions 4 and 6;
B. Services of a telecommunications right-of-way user, including transporting of voice or data information;
C. Services of a cable communications systems as defined in Minnesota Statutes, Chapter 238;
D. Services provided by a cooperative electric association organized under Minnesota Statutes, Chapter 308A; and
E. Water and sewer, including service laterals, steam, cooling or heating services.
TELECOMMUNICATIONS RIGHT-OF-WAY USERA 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 telecommunications or other voice or data information. For purposes of this chapter, a cable communications system defined and regulated under Minnesota Statutes, Chapter 238, and telecommunications activities related to providing natural gas or electric energy services, whether provided by a public utility as defined in M.S.A. § 216B.02, a municipality, a municipal gas or power agency organized under Minnesota Statutes, Chapters 453 and 453A, or a cooperative electric association organized under Minnesota Statutes, Chapter 308A, are not telecommunications right-of-way users for purposes of this chapter.
TEMPORARY SURFACEThe 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 Township's two-year plan, in which case it is considered full restoration.
TOWN BOARDThe Board of Supervisors of Eureka Township, Dakota County, Minnesota.
TOWNSHIPGeographical boundaries of Eureka Township, Dakota County, Minnesota.
TOWNSHIP REPRESENTATIVEA Township Supervisor or other person designated by the Town Board to conduct inspections or to otherwise oversee work done within rights-of-way, whether such work is done by permit or otherwise.
TRENCHAn excavation in the traveled surface of a road, with the excavation having a length equal to or greater than the width of the traveled surface.