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Applicant: any person requesting permission to excavate or obstruct a right-of- <br />way. <br />City: the city of Lino Lakes, Minnesota. For purposes of this chapter, "city" <br />means its elected officials, officers, employees and agents. <br />Commission: the State Public Utilities Commission. <br />Congested Right -of -Way: a crowded condition in the subsurface of the public <br />right-of-way that occurs when the maximum lateral spacing between existing <br />underground facilities does not allow for construction of new underground facilities <br />without using hand digging to expose the existing lateral facilities in conformance with <br />Minnesota Statutes, section 216D.04, Subdivision 3, over a continuous length in excess <br />of 500 feet. <br />Degradation: a decrease in the useful life of the right-of-way caused by <br />excavation in or disturbance of the right-of-way, resulting in the need to reconstruct <br />such right-of-way earlier than would be required if the excavation or disturbance did not <br />occur. <br />Degradation Cost: subject to Minnesota Rules 7819.110, the cost to achieve a <br />level of restoration as determined by the city at the time the permit is issued, not to <br />exceed the maximum restoration shown in plates 1 to 13, set forth in Minnesota Rules <br />parts 7819.9900 to 7819.9950. <br />Degradation Fee: the estimated fee established at the time of permitting by the <br />city to recover costs associated with the decrease in the useful life of the right-of-way <br />caused by the excavation, and which equals the degradation cost. <br />City Inspector: any person authorized by the city to carry out inspections related <br />to the provisions of this chapter. <br />Delay Penalty: the penalty imposed as a result of unreasonable delays in right- <br />of-way excavation, obstruction, patching, or restoration as established by permit. <br />Emergency: a condition that (1) poses a danger to life or health or of a <br />significant loss of property; or (2) requires immediate repair or replacement of facilities <br />in order to restore service to a customer. <br />Equipment: any tangible asset used to install, repair, or maintain facilities in any <br />right-of-way. <br />Excavate: to dig into or in any way remove or physically disturb or penetrate any <br />part of a right-of-way. <br />Page 2 of 19 <br />