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<br />. <br /> <br />. <br /> <br />. <br /> <br />It is temporary in nature except when the replacement is of pavement included in <br />the local government unit's two-year plan, in which case it is considered full <br />restoration. <br /> <br />"Trench" means an excavation in the pavement, with the excavation having a <br />length equal to or greater than the width of the pavement. <br /> <br />"Telecommunication Rights-of-Way User" means a person owning or controlling a <br />facility in the right-of-way, or seeking to own or control a facility in the right-of- <br />way, that is used or is intended to be used for transporting telecommunication or <br />other voice or data information. For purposes of this chapter, a cable <br />communication system defined and regulated under Minnesota Statutes, Chapter <br />238, and telecommunication activities related to providing natural gas or electric <br />energy services whether provided by a public utility as defined in Minnesota <br />Statutes, Section 216B.02, a municipality, a municipal gas or power agency <br />organized under Minnesota Statutes, Chapters 453 and 453A, or a cooperative <br />electric association organized under Minnesota Statutes, Chapter 308A, are not <br />telecommunications right-of-way users for purposes ofthis Chapter. <br /> <br />"Two year project plan" shows projects adopted by the local government unit for <br />construction within the next two years. <br /> <br />910.04: ADMINISTRATION: The Director is the principal City official <br />responsible for the administration of the Rights-of-Way, Right-of-Way Permits, and the <br />ordinances related thereto. The Director may delegate any or all ofthe duties hereunder. <br /> <br />910.05: <br /> <br />REGISTRATION AND RIGHT-OF-WAY OCCUPANCY: <br /> <br />Subd. 1. Registration: Each Person who occupies, uses, or seeks to occupy or use, the <br />Right-of-Way or place any Equipment or Facilities in or on the Right-of-Way, <br />including Persons with installation and maintenance responsibilities by lease, <br />sublease or assignment, must register with the Director. Registration will consist <br />of providing application information and paying a registration fee. <br /> <br />Subd.2. Registration Prior to Work: No Person may construct, install, repair, remove, <br />relocate, or perform any other work on, or use any Facilities or any part thereof in <br />any Right-of-Way without first being registered with the Director. <br /> <br />Subd. 3. Exceptions: Nothing herein shall be construed to repeal or amend the provisions <br />of a City ordinance permitting Persons to plant or maintain boulevard plantings or <br />gardens in the area of the Right-of-Way between their property and the street curb. <br />Persons planting or maintaining boulevard plantings or gardens shall not be deemed <br />to use or occupy the Right-of-Way, and shall not be required to obtain any permits <br />or satisfy any other requirements for planting or maintaining such boulevard <br />plantings or gardens under this Chapter. However, nothing herein relieves a Person <br /> <br />SJR-163902 <br />MU210-14 <br /> <br />7 <br />