7.02 - Definitions § 7.02
Section 7.02: 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.
A. 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. A facility is not abandoned unless
declared so by the right-of-way user.
B. Applicant: means any person requesting a permit to excavate or obstruct a
right-of-way.
C. Aerial: means a facility located or work done above any part of the right-of-
way.
D. City: means the City of Golden Valley, Minnesota. For purposes of this code,
City means its elected officials, officers, employees and agents.
E. Commission: means the State Public Utilities Commission.
F. 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 Minnesota Statutes Section 216D.04,
Subd. 3, over a continuous length in excess of five hundred (500) feet.
G. Construction Performance Bond: means any of the following forms of
security provided at Permittee's option:
1. Individual Project Bond;
2. Cash Deposit, in the form of cash or a cashiers check for non-registered
applicants that are non-commercial residents of the City;
3. Security of a form listed or approved under Minnesota Statutes Section
15.73, Subd. 3;
4. 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.
H. 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
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reconstruct such right-of-way earlier than would be required if the excavation
or disturbance did not occur.
I. 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, not to exceed the maximum restoration shown on the
standard detail plates adopted by the City.
3. 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.
K. Department: means the Physical Development Department of the City.
L. Director: means the City Manager or his/her designee.
M. Delay Penalty: is the penalty imposed as a result of unreasonable delays in
right-of-way excavation, obstruction, patching, or restoration as established
by permit.
N. Emergency: means a condition that 1) poses a danger to life or health, or of
a significant loss of property; or 2) requires immediate repair or replacement
in order to restore essential service to a customer.
0. Essential Service: means natural gas, municipal water, municipal sanitary
sewer or water, and electrical service or any other service shown to be
necessary to the health, safety or well being of the customer.
P. Equipment: means any tangible asset used to install, repair, or maintain
facilities in any right-of-way, but shall not include boulevard plantings or
gardens planted or maintained in the right-of-way between a person's
property and the street curb.
Q. 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 less than twelve (12) inches.
R. Facility or Facilities: means any tangible asset in the right-of-way required
to provide utility service.
S. Five Year Capital Improvement Plan: shows projects adopted by the City
planned for construction within the next five (5) years.
T. High Density Corridor: means a designated portion of the public right-of-
way within which right-of-way users have multiple and competing facilities
may be required to build and install facilities in a common conduit system or
other common structure.
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U. Hole: means an excavation in the right-of-way.
V. 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.
W. 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
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; 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 this Chapter.
X. 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.
Y. Patch or Patching: means a method of pavement replacement that is
temporary in nature. A patch consists of 1) the compaction of the subbase
and aggregate base, and 2) the replacement, in kind, of the existing
pavement for a minimum of eighteen (18) inches 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 (5) year Capital Improvement
Plan.
Z. 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.
AA. Permit: has the meaning given "right-of-way permit" in Minnesota Statutes
Section 237.162.
BB. 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.
CC. 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.
DD. Probation: means the status of a person that has not complied with the
conditions of this Chapter.
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EE. Probationary Period: means one (1) year from the date that a person has
been notified in writing by the City that they have been put on probation.
FF. Registrant: means any person who 1) has or seeks to have its permanent
facilities located in any right-of-way, or 2) in any way occupies or uses, or
seeks to occupy or use, the right-of-way or place its permanent facilities or
equipment in the right-of-way.
GG. Restore or Restoration: means the process by which a disturbed right-of-
way and surrounding area, including pavement and foundation; and
vegetation is returned to the same condition and life expectancy that existed
before the commencement of the work.
HH. Restoration Cost: means an amount of money paid to the City by a
permittee to achieve the level of restoration according to the requirements of
the City of Golden Valley.
II. Public Right-of-Way: means the area on, below, or above any real
property in which the City has an interest including, but not limited to a
public roadway, street, cartway, highway, bicycle lane, public sidewalk,
public park, or other public property place, area, or real property in which the
City has an interest, including other dedicated rights-of-way for travel
purposes and 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.
33. Right-of-Way Permit: means the permit for excavation or obstruction, or
both, depending on the context, required by this Chapter, that must be
obtained before work in the right-of-way may begin. A right-of-way permit
allows the holder to excavate or obstruct that part of the right-of-way
described in the permit.
KK. Right-of-Way Permit Fee: means money paid to the City by the applicant
to cover the costs in provided in this Chapter and as established annually by
the City Council.
LL. Right-of-Way User: means 1) a telecommunications right-of-way User as
defined by Minnesota Statutes Section 237.162, Subd. 4; or 2) 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; or 3) any other person
occupying the right-of-way.
MM. Service or Utility Service: includes 1) those services provided by a public
utility as defined in Minnesota Statutes, Section 216B.02, Subds. 4 and 6; 2)
services of a telecommunications right-of-way user, including transporting
voice or data information, 3) services of a cable communications systems as
defined in Minnesota Statutes Chap. 238.
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NN. Supplementary Application: means an application made to excavate or
obstruct more of the right-of-way than allowed in, or to extend, a permit that
had already been issued.
00. Temporary Surface: means the compaction of subbase 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 Five (5) Year Capital Improvement Plan for the next two (2) years,
in which it is considered full restoration.
PP. Telecommunication Rights-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. For purposes of this
Chapter, a cable communication system defined and regulated under
Minnesota. Statutes. Chap. 238, and telecommunication activities related to
providing natural gas or electric energy services whether provided by a public
utility as defined in Minnesota Statutes Section 216B.02 a municipality, a
municipal gas or power agency organized under Minnesota Statutes Chaps.
453 and 453A, or a cooperative electric association organized under
Minnesota Statutes Chap. 308A, are not telecommunications right-of-way
users.
QQ. Trench: means an excavation in the right-of-way, with the excavation
having a length equal to or greater than the width of the corresponding lane
of traffic or boulevard for the section of the roadway corridor where the work
is occurring. For the purposes of this Chapter the definition shall include
direction boring and/or plowing.
Source: Ordinance No. 239, 2nd Series
Effective Date: 3-15-01
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