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<br />_.~- .-' ~ -Director. means the Dlre~"'-the ",",
<br />81M'E OF MINNESOTA department of public works of the city, or her
<br />
<br />..... ...- AMSEY or his designee.
<br />Cuun IT OF R "Delay Penalty" Is the penalty ImpOSed as a
<br />erTY OF NEW BRIGHTON. result of, unreasonable delays In right-of-way
<br />ORDINANCE NO. 661 excavation, obstruction, patching, or
<br />....~ .. ............ of restoration as requested by permit. ha' (1)
<br />ttM~I'I'R1tt(:fty'eOcle of Ol'dfnanees "Emergency" means a condition t t.
<br />to Mimlnl.. and regulate the public right poses a danger to life or health, or of a
<br />GI way, and to proYIde for the Inuance end slgnifici.ant loss of property; or (2) requlll!s
<br />L ........... of right-of-way permlta Immediate repair or replacement of facilllles In
<br />THE COUNCIL OF NEW BRIGHTON order to restore servicEI to a customer.
<br />oRDAINs: "Equlpmenr means any tangible asset used
<br />~ 32 of 1tle New Brighton City Code to install, repair, or maintain facilities In any
<br />of OrdI.....ce. (hereafter "thl. Chapter"), right,of-way.
<br />to l'Md _, follows: . "Excavate" means to dig Into or In any way
<br />Sec. 80-1. a.ctton to Ma.,. the Public remove or physicallY dlstulb or penetrate artt
<br />RIght-of-Way . part of a right-of-way.
<br />In accon:ISnce with the authority granted to I. "Excavation Permlr means ~ permit ~k:h,
<br />the City under state and federai statutory, I, pursuant to this chapter, must be obtBlned
<br />administrative and common law, the City before a person may excavate In a right,of-
<br />hereby elects under MlnnE!sota Statutes, . way. An excavatton permit allows the holder to
<br />S$Clton 237.163 subd. 2(b) to managl;! rights- , excavate that part of the right-of-way
<br />of..way within Its jurisdiction. descrtbed In IIUCh permit. ... .
<br />Sec. 30-2. DefinitIons. The following dellnl-, "excavation Permit Fee" ~ mcln8y paid
<br />tions apply In this. Chapter of this Code. 1 to the CIty by an applk:anl1O _lie ,costs
<br />Ref8nmces herea1ter to "Sections" are unless 'aBProvk:Jedln Se<<ion3Cl.7, ~. 1:... ..
<br />oth8lWi8e specified references to sections In w"'Fadillty.cif-Fat\mleS" means 1lI'lYtanglbfe
<br />this Chapter. Defined terms remain defined I asset In the rlght-of;:way required to prd\iide
<br />terms wNi\tIlIf Of nQt ~ . . utility servlce.
<br />"Abandoned facility' means a facility no. "Five-year project plan'II~/lrol~~' ,_.
<br />IoI\geI' In service or physically disconnected l"'8ifoj:lt8cnw ilie Cfty1ijt~-
<br />from a portton of the operating facility, or from ' next five years. .
<br />wry other ftdIty. that Is In use. or still carries I "High density corridor" means a deSIgnated
<br />service. A facility is not abandened u~ess --portion of the public rtght.of-way .wl1hln whiCh
<br />- - ..- telecommunications rtgI1t-of-way U$8I1l having
<br />lkicIaRld so by the rtght-oI-WIly UlI8l'. multiple and competing facilities may be
<br />"Applicant' means any Per80fl requesting required to build and Install facilities 111 a
<br />pennlsslon to excavate or ob~ructa Rlght-of- common conduit ystem..~pther common
<br />Way'. structure.'
<br />"City" means the City of New Brighton, 'Hole' means an excavallc:ln Inlllepavemerll,
<br />Minnesota. For purposes of this chapter, Its with the excavatton having a leng1tIleas than
<br />elected officials, officers, employees and :the wldlh of the pavemerit.
<br />agents. ... \. . . ' "Local Representaltve' means a loCal person
<br />"Commission' means the Minnesota Public or persons, or design. of such person or
<br />Utilities Commission. . . persons, authorized 1'1. B . registrant \0 accept
<br />~Congested right-of-way" means a crowded service and to make decision. for that
<br />oondltion in the subsurface of the pUblic rlght- registrant regarding all matters within the
<br />of-way that occurs when the maximum lateral soope of this chapter.
<br />spacing between existing underground "Management Costs" means the lIClual costs
<br />facllilles does not allow for construction of the City incurs in managing its rlghts,of-way,
<br />new underground faci!ltIes without using hand including such costs, If Incurred, as those
<br />digging to expose the existing lateral facllltl8s associated with reglste'rlng Applicants;
<br />In conformance with Minnesota Statutes, issuing, processing, and verifying right-of-way
<br />section 2160.04, subdivision 3, over a _ permit applications; Inspectlng job sites and
<br />continUous length in excess of 500 feet. restoration projects; maintaining, supporting,
<br />"Construction Performance Bond' means any protecting, or moving user facilities during
<br />of the following forms of security provided at rlght,of-way work; determining the adequacy
<br />permittee's option: of right-of-way restoration; restoring work
<br />Individual project bond; inadequately performed after providing notice
<br />Cash depOsit;. . and the opportunity to correct the work; and
<br />Security of a form listed or approved under revoking right-of-way permits. Management
<br />Minn. Stat. S 15.73, sub. 3; costs do not Include payment by a
<br />Letter of CIedlt,ina formaccaptable 10 the telecommu~icatlons rlght,of-way ue8r for the
<br />City; use of the right-of-way, the fees and cost of
<br />San-insurance, in a form acceptable to the litigation relating to the interpretation of
<br />City; Minnesota Session Laws 1997, Chapt(jr 123;
<br />A blanket bond for projects within the city, or Minnesota -Statutes, Sections 237.162 or
<br />other form of construction bond, for a time 237 .163 or any ordlnl,lnce enacted under
<br />specified and In a ftlrm acceptable to the city. those sections, or the City fees and costs
<br />"Degradation" means a decrease in the related to appeals taken pursuant 10 SeptIon
<br />useful life of the Right-of-Way caused by 30.22 of thiS chapter. '
<br />excavation in ordl8lurbance Of the Right-of: "Obstru'ct' means to place any tangible
<br />Way,resuitlng In the need to reconstruct such object In a rlght,of-way so BS to hinder free
<br />Right-of-Way eartler than would be required if and open passage over that or.atfo/ part of the
<br />the excavation or dlslulbance did not occur. right-of-way.
<br />"Degradation Cost' subject to Minnesota "Obstruction, Permit" means the permit
<br />Rules 7819.1100 means the COSlIO achieve a which, pursuant to this chapter, must be
<br />level of restoration as determined by the CIty obtained before a person may obstruct a right-
<br />at the time !he permit is Issued, not to exceed' of-way, allQwlng the holder to hinder free IVId
<br />the maximum Restoration shown In the City of I open passage over the spaolfied portion of
<br />New Brighton Street Restoration ProQBdures. that right-of-way, for the duration specnled
<br />for. Utlllty Holes and Trenches, plate 1, set 'I therein.
<br />forth In Minnesota FIuIes parts 7819.9900 to "Obstruction Permit Fee' mellnsmoney paid
<br />7819.9950.. i to the City by a permittee to cover the costs
<br />"Deg'.lldatiOn Fee" means the es~mated fee' as provided In Section 30.7, BUbel. 2.
<br />establiShed at the time of permitting by the "Patch or Patching' means a method of
<br />City to recover costs associated with the pavement replacement that Is temPOrary In
<br />decrease In the useful life of the rlght-of-way nature. A patch consists of (1) lh8 compaction
<br />caused by the excavation, and which equals. of the subbase and aggregate bUe. and (2)
<br />the degradation costs. the replacement, In kind, of the existing
<br />'Department. means the department of pavement for a minimum of two feet beyOnd
<br />public works of the city. the edges of the excavation In an directions. A
<br />"Department InspecWr" means any person patch Is consldef8d full restoratton only when
<br />authorized by the Director to carry out the pavement is inCluded in the c1ly's fl~
<br />Inspections related to the provisions of this project plan_
<br />chapter.
<br />
<br />~ment' meBns any type of improved "Telttcomrriunlcation RlgtO-of-Way Us
<br />surfaoe that Is within the public rtght,of-way meaMa person owning orconlrolling a Iaci
<br />and that Is paved or othefwlse constructed In the - right-of-way, or seeking to own
<br />with bituminous, concrete, aggregate, or 'control a facility in the right-of-way, that
<br />gravel. .. " : used Of is lptendlld to be used for transporti
<br />"Permit" has the meaningglven rlght.of,\N8Y i telecommunication or other VOice or (I"
<br />permit' in Minnesota Statutes, Section ',Information. For purposes of this chapter
<br />237.162. - cable communlcatlon system defined a
<br />"Permittee- means any person to whOm a regulated under Minnesota Statutes,. Chap
<br />permit to excavate or obstruct a rlght.of-way 238, and telecommunication activities' relai
<br />has been granted by the City under this to providing natural gas Or electr~;
<br />chapter. ' , services whether proVIded b9f1fPubllc utf
<br />"Person" means an Individual or entlly as defin.ed in MlnrM'ota Statutes,Sectl
<br />subject to the laws and rule~ of this ~tate, 216B.02, a municipality, a munlcipal'gas
<br />however organized, whether public or pnvate, 'IPower agency organl:t~un<le~ Mlnnes._
<br />whether domestic or foreign, .whelher for profit Statutes" Chapters 453 an~ 4S3~':-or
<br />or nonprofit, and whether natursl, corporate, 'cooperative electric association organiz
<br />or politlc8l. ' under Minnesota Statutes, Chapter 30M, ,
<br />"probation' means the status of a person not-teleqoramun/Caltons rightod.way_rs,
<br />
<br />::~: complied with the conditions Ofp"~~~'O=~h.stioW~'p-rote~:
<br />
<br />"probationary Period" means one year from 'adopted by the local government- unit i
<br />the .clettl that a paf&Ol'l has been. notified In ~ !"Ih'"the next two years., .,' .';
<br />
<br />~~::'W~~~~8s ~.lb*'~~t
<br />or seekS to have Its eqUipment or facilities !responSlble for the administration of t:
<br />located in any rlght,of:way. Of (2) In artt way lRights,of-Way, RIght,of-Way PeITllll8, and .
<br />oCcupies or uses, or seeks to OCCUPY or use. 'Prdlnances related thereto. The Director. m
<br />therlgftt-of-waay or pI_ Its facitities or /leIegateany or all, of the duties hereunder.
<br />equlpmenl: In ltle rtght.of...,. "... i . SIc. 1004. ~It Aequ/relllBnt.
<br />"Restore or RestonllIOfl" means. ttle .plOCOSS Bubel. .1. PMIIIt RfJqu/IwL \Except as ott:o
<br />by which an excavated right-of-way -and. wise proWled In this Code, no person m
<br />surrounding area, Including pavement and obstrucl Of -&llCIlVllte any right-of-way Wlth<~
<br />foundation, Is returned to the.'same condition :flrst havln~ obtained the appr:gpr.illte.'Plim
<br />and life expectancy that existed before from the City. .Ii. - .,
<br />excavation. . (8) ~XCt.v.t/on ...rmlt. An exca"'N.~
<br />"Restoration Cost" means the amount of ,permitla required .to'~cavate that part of "
<br />money paid to the Cilybya permittee to r1Qht-of.way descnbed"l'rl.... Pl'lrmlt and.
<br />achieve the level of restoration according to nlnderfr-ee and opan Pllssage OVef.,ij
<br />the Cil)' of New Brighton Street Restoration speclfted portion of the right-of-way by plach
<br />procedures for Utility HMts and .l\'efttlH'6, .. !licHltIes described therein, to the extent a.
<br />plate 1. .. w..'...,~ )" .-,.,.._- lor the duration specified therein. .
<br />.Publlll Rlght,of.Way"'iheans 1tfe'areaon',(b) ~.tructlo" Permit. An obstructl.
<br />below, pr above a public roadWaY,hlghway." )ermit IS required to hinder free and op'
<br />street, cartway, bicycle lane an~ public lBSsaga over tha ~Ied portion of rlght-:.
<br />sidewalk In whiCh the Cll)' has an Interest, vay by plaCing equIpment and/or mate""
<br />including other dediCated rlghts,of-way for lescrlbed therein on the rlght-of.way, to If
<br />, travel purposes and utility casement of thelxlent and for the duratiOn specified th8f$1
<br />city. A right-of-way does not Include the In obstrucllon permit Is, not required if
<br />airwaves above a right-of-way with regard to erson already possesses a valid excavati.
<br />cellular or other non-wire telecommunlcetiOns ermlt for the same project.
<br />or brOOdcast saNlee. lubd. 2. Per",lt. Extensions. No perS'
<br />"Right-of-Way Permit' means either the lay excavate of obstruct the rlght-of-w,
<br />excavation permn or the obstruction permit, or eyond the date or dates specified In ti
<br />both, depending on the context, required byermlt unless SU?h person (i) makes
<br />, this chapter. .~tary app!k:atlon for another r1ghl-<,
<br />i "Right-of-way User' means (1) 'a 'ay permit befo.re the explration of the Inlt
<br />telecommunications right-of-way user as erml!, and (i1) a new permit or pem
<br />defined by Minnesota Statutes, Sectlon ldenslon Is granted.
<br />237.162, subdivision 4; or (2) a~erson Bubd. 3. 0eIlIy ,..ns1ty. In accordance Wi
<br />owning or controlling a fac~1ty In thenght,of. IInnesota Rule 7819.1000, Subp. 3 a.
<br />way that Is used or Intended to be used for ptwlthstandlng subd. 2 of this saction, ti
<br />rovtdlng utility service, and who has a right Ity shall establish and Impose a de"
<br />~nde" law franchise, or 6rdlnance to use the analty for unreasonable delays in right..._
<br />ubIlc rI ht,of-way. ay excavation, obstruction, patching, .
<br />P'servl~ or Utility Service" IncludeS (1) those lstoration. The delay. penalty sh~" .~
<br />services provided by a public utility as defined 9labll~hed from time 10. tl~,~,_ . ._
<br />In Minn. Stat. S 2168.02, su\ldll,.4 endS; (2) ~Iutlon."!" ..... . ,
<br />services of a telecomrnunlcBtlonsright-of-way Bubd. 4. Pe",,'t D/aplay. Permits Issu-
<br />user including transpwting of voice or data ,nder this chapter shall be consplC:uol.l'
<br />Information; (3) services ot,e,_1lllb1e .communl- Isplayed Of otherWlIe avaiIIIble at all times.
<br />cations systems as defined in Mll\ll",~, 18 IndIc8ted worII siIe and shell be ~
<br />Chapter 238; (4) natural gas or electric energy ~r Inspec\lon by the director.
<br />or telecOmmunications services provideclby Sec. 3006. Permit APpll........ .'
<br />. fo -- shateont8in and'
<br />the city. (5) services provided by a coopera-iAppllcalion r a ""'M'~' n' oom,
<br />tlve el~ctric 8ssbclation organized under18 considered CO~~..?~I~f ~l: fOIlOwi
<br />Minnesota Statutes, Chapter 308A; and (6)lnce with the requ ,---....
<br />water, sewer, steam, coollng'-OI',t1eatlng't~'l'=~lssion of a completed per.
<br />~rvtces. "~ppllcat'on form, Including all requlr
<br />Supplementary Application means an ach t aled drawings showIng;
<br />appllcatloli made to excavate or obstruct more ~tt mends, so of the proposed proj$ct _
<br />of tfle right-of-way than allowed In, or to ocation a~ are~ II k own existing ~
<br />extend, a permit that had already been he 10cadtloFn Oilit~e nand the follow'
<br />issued. lropos~ . ac s, .
<br />"1i rfa " the . clio 1formalion:
<br />, emporary su ce means campa ..~. (1)Eachpermittee'sname,.GopherO
<br />of subbase and aggregate base and replace ,a1I-regi8tratiOn certificate number, addr'
<br />ment, in kind, of the existing pavement onIY!O . d _ II ddress if applicable, f
<br />the edges of the excavation. It Is temporary In In e maa
<br />. . i f.WBphone and facsimile numbers.
<br />'/llilturEl exceptw,hen lhe replacement s 0 (2) Trie name address and e-il
<br />pavement inclUd'ed in thlllOCQI QOvernment dd If applicable and telephone'
<br />unit's two-year plan, in which CBse It IsI C6~::I~ numbers of ~ local representai
<br />~~ full restoration. . ~ local representative or designee shal
<br />Trench means an excavation In the, 1_'" t.. II f CI;II'-rent informa
<br />pavement with the excavation NNlng a length Ivai "",,8 Il a Imes.
<br />equal to 'or greater than the width of the '8garding how to contact ~~ ~:~:
<br />pavernent.--<Btiva In an emergency s a
<br />the time of registration.
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