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<br />patch consists of (1) the compaction ofthe subbase and aggregate base, and (2) the <br />replacement, in kind, of the existing pavement for a minimum of two feet beyond the edges <br />of the excavation in all directions. A patch is considered full restoration only when the <br />pavement is included in the city's five-year project plan. <br /> <br />"Pavement" means any type of improved surface that is within the public right~of-way and <br />that is paved or otherwise constructed with bituminous, concrete, aggregate, or gravel. <br /> <br />"Permit" has the meaning given "right-of-way permit" in Minnesota Statutes, Section <br />237.162. <br /> <br />"Permittee" means any person to whom a permit to excavate or obstruct a right~of-way has <br />been granted by the city under this chapter. <br /> <br />"Person" means an individual or entity subject to the laws and rules of this state, however <br />organized, whether public or private, whether domestic or foreign, whether for profit or <br />nonprofit, and whether natural, corporate, or political. <br /> <br />'Probation" means the status of a person that has not complied with the conditions ofthis <br />Chapter. <br /> <br />"Probationary Period" means one year from the date that a person has been notified in <br />writing that they have been put on probation. <br /> <br />"Registrant" means any person who (1) has or seeks to have its equipment or facilities <br />located in any right~of-way, or (2) in any way occupies or uses, or seeks to occupy or use, the <br />right-of-way or place its facilities or equipment in the right-of-way <br /> <br />"Restore or Restoration" means the process by which an excavated right-of-way and <br />surrounding area, including pavement and foundation, is returned to the same condition and <br />life expectancy that existed before excavation. <br /> <br />"Restoration Cost" means the amount of money paid to the city by a permittee to achieve the <br />level of restoration according to the City of New Brighton Street Restoration Procedures for <br />Utility Holes and Trenches, plate 1. <br /> <br />"Public Right-of-Way "means the area on, below, or above a public roadway, highway, <br />street, cartway, bicycle lane and public sidewalk in which the city has an interest, including <br />other dedicated rights-of-way for travel purposes and utility easements of the city. A right-of- <br />way does not include the airwaves above a right-of-way with regard to cellular or other non- <br />wire telecommunications or broadcast service. <br /> <br />"Right-of~Way Permit" means either the excavation permit or the obstruction permit, or <br />both, depending on the context, required by this chapter. <br /> <br />"Right-of-way user" means (1) a telecommunications right-of~way user as defined by <br />Minnesota Statutes, Section 237.162, subdivision 4; or (2) a person owning or controlling a <br /> <br />JMS-162035xLes <br />SUl60-39 <br /> <br />4 <br />