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considered full restoration only when the pavement is included in the city's five-year <br />project plan. <br />Subd. 331 PAVEMENT means any type of improved surface that is within the public right-of- <br />way and that is paved or otherwise constructed with bituminous, concrete, aggregate, <br />or gravel. <br />Subd. 3I 32. PERMIT has the meaning given "right-of-way permit" in Minnesota Statutes, <br />section 237.162. <br />Subd. J1. PERMITTEE means any person to whom a permit to excavate or obstruct a right- <br />of-way has been granted by the City under this Chapter. <br />Subd. 33—.34. PERSON means an individual or entity subject to the laws and rules of this state, <br />however organized, whether public or private, whether domestic or foreign, whether <br />for profit or nonprofit, and whether natural, corporate, or political. <br />Subd.34:35. PROBATION means the status of a person that has not complied with the conditions <br />of this Chapter. <br />Subd. 336 PROBATIONARY PERIOD means one (1) year from the date that a person has <br />been notified in writing that they have been put on probation. <br />Subd. 36-37. PUBLIC RIGHT-OF-WAY ur RIGHT-OF-WAY means the area on, below, or <br />above a public roadway, highway, street, cartway, bicycle lane and public sidewalk in <br />which the City has an interest, including other dedicated rights-of-way for travel <br />purposes and utility easements of the City. A right-of-way does not include the <br />airwaves above a right-of-way with regard to cellular or other non -wire <br />telecommunications or broadcast service. <br />Subd. 37-38. REGISTRANT means any person who (1) has or seeks to have its equipment or <br />facilities located in any right-of-way, or (2) in any way occupies or uses, or seeks to <br />occupy or use, the right-of-way or place its facilities or equipment in the right-of- <br />way. <br />Subd. 38-39. RESTORE OR RESTORATION means the process by which an excavated right- <br />of-way and surrounding area, including pavement and foundation, is returned to the <br />same condition and life expectancy that existed before excavation. <br />C••'�Subd. 40. RESTORATION COST means the amount of money paid to the City by a <br />permittee to achieve the level of restoration according to plates 1 to 13 of PUC rules. <br />Subd: 4A. Subd. 41. RIGHT-OF-WAY PERMIT means either the excavation permit or the <br />obstruction permit, or both, depending on the context, required by this Chapter. <br />Ordinance 940 <br />Page 6 <br />Subd. 4I-42. RIGHT-OF-WAY USER means (1) a telecommunications right-of-way user as <br />defined by Minnesota Statutes, section 237.162, subdivision 4; or (2) a person <br />owning or controlling a facility in the right-of-way that is used or intended to be used <br />