2022-01-26 City Code - Laserfiche WebLink

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(A) To provide for the health, safety and welfare of its citizens, and to ensure the integrity of its streets and the appropriate use of the rights-of-way, the city strives to keep its rights-of-way in a state of good repair and free from unnecessary encumbrances. (B) Pursuant to the authority granted to the city under state and federal statutory, administrative and common law, the city hereby elects pursuant to M.S. § 237.163, Subdivision 2(b), as amended, to manage rights-of-way within its jurisdictions. Ord. #74, adopted 11/27/2002 § 93.16 DEFINITIONS. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. References hereafter to sections are unless otherwise specified references to sections in this subchapter. Defined terms remain defined terms whether or not capitalized. ABANDONED FACILITY. 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. APPLICANT. Any person requesting permission to excavate or obstruct a right-of-way. CITY INSPECTOR. Any person authorized by the city to carry out inspections related to the provisions of this subchapter. COMMISSION. The State Public Utilities Commission. CONGESTED RIGHTS-OF-WAY. A crowded condition in the subsurface of the public rights-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 M.S. § 216D.04, Subdivision 3, as amended, over a continuous length in excess of 500 feet. DEGRADATION. 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 the right-of-way earlier than would be required if the excavation or disturbance did not occur. DEGRADATION COST. Subject to Minn. 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 in plates one to 13, set forth in Minn. Rules parts 7819.9900 to 7819.9950. DEGRADATION FEE. 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 rights-of-way caused by the excavation, and which equals the degradation costs. 122΋tğŭĻ