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Right-of-Way Management 3 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 such right-of-way earlier than would be required if the excavation or disturbance did not occur. 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 in plates 1 to 13, set forth in Minnesota Rules parts 7819.9900 to 7819.9950. DEPARTMENT. The department of public works of the city. DIRECTOR. The director of the department of public works of the city, or her or his designee. DELAY PENALTY. The penalty imposed as a result of unreasonable delays in right-of-way excavation, obstruction, patching, or restoration as established by permit. EMERGENCY. A condition that: (1) Poses a clear and immediate danger to life or health or of significant loss of property; or (2) Requires immediate repair or replacement in order to restore service to a customer. EQUIPMENT. Any tangible asset used to install, repair, or maintain facilities in any right-of-way. EXCAVATE. To dig into or in any way remove or physically disturb or penetrate any part of right-of-way, except for horticultural practices of penetrating the boulevard area to a depth of less than 12 inches. EXCAVATION PERMIT. The permit which, pursuant to this chapter, must be obtained before a person may excavate in a right-of-way. An EXCAVATION PERMIT allows the holder to excavate that part of the right-of-way as described in the permit. EXCAVATION PERMIT FEE. Money paid to the city by an applicant to cover the costs as provided in § 96.12. FACILTY OR FACILITIES. Any tangible asset in the right-of-way required to provide Utility Service. 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. FIVE YEAR PROJECT PLAN. Shows projects adopted by the city for construction within the next five years. HIGH-DENSITY CORRIDOR. A designated portion of the public right-of-way within which telecommunications right-of-way users having multiple and competing facilities may be required to build and install facilities in a common conduit system or other common structure. HOLE. An excavation in the pavement, with the excavation having a length less than the width of the pavement. IN. When used in conjunction with right-of-way, means over, above, in, within, on, or under a right-of-way. 64